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AG 09-219RETURN TO: � � f� � _ � �,,41 ��;�1, ExT: � = f,� "= � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: 2. ORIGINATING STAFF PERSON: 4. EXT: Z � 3. DATE REQ. BY: � TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION �a Corr�CTAMErm�rrr AG#):6 f-LI 5 ❑ Irr�iu.,oCai. ❑ O�R Svv��,�.��- 1tN PROJECT NAME: ,�i 3 y Pl r S/'f2� a� � S G��-s�� vc.��1�.� �'1��,�-• w��,.�.rz.. � NAME OF CONTRACTOR; Ann�ss: 1 o I 9 3 9 r" E-MAIL: � � ' � ��Gt � SIGNATURE NAME: c „p, N/ /� 9�37 y TELEPHONE: Z,S'3-�Oy � F�: TITLE: Pn i vt c i� �' ,; te 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMI'ENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXI�IBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CF W LICENSE # K l9 �� 7 �Q1 `'1 � BL, EXP. 12/31/ �� us� # 6�o � 3 S 3 y 5 , EXP. Y 1' /�Q/ �_Z 8. TERM: COMMENCEMENT DATE: �,! �' h� ZO U� COMPLETION DATE: l Z-I3� �ZO / 1 9. TOTALCOMPENSATION: $ x.7�S 90 v �� 377,� 3 S-a� '�'p �, � (INCLUDE EXPENSESAND SALES TAX, IFANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: 6CYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ I/ I� � � 0 U /f 3 O� I Y S �j� l IS SALES TAX OWED: ❑ YES �'NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY �1 PURCHASING: PLEASE CHARGE TO: 3 � 6 yy o e� - l 3 S" ' i'9� -7 t9 �- �$" � 10. DOCUMENT / CONTRACT REVIEW 8� PROJECT MANAGER ❑ DIVISION MANAGER �' DEPUTY DIRECTOR � � �� D[RECTOx ❑ RISK MANAGEMENT (IF APPLICABLE� � � I � � LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) I1vITIAL / DATE REVIEWED IIYITIAL / DATE APPROVED -S�,r� [Z �3/1► �L COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: . 12. CONT CT SIGNATURE ROUTING �I ��' I I �SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �� LAW DEPT SIGNATORY (MAYOR�'�i2� ❑ CITY CLERK � AsstGrrEn AG # SIGNED COPY RETURNED I�RETU�uv OrrE OiuGnvnt, ��+�u 0 INITIAL / DATE SIGNED Z. � � � AG# - DATE SENT: 12 '� ' (.I _ DATE REC'D: I � � 1/9 SUPPLEMENT NO. 4 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 348TH STREET AT 1ST AVENUE SOUTH IMPROVEMENTS PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrix, Inc. effective the 24th day of November 2009, identified as Agreement No. 09-219 as supplemented by Supplement No. 1 on April 16, 2010, Supplement No. 2 on December 29, 2010 and Supplement No. 3 on August 5, 2011. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 4". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-4" attached hereto and incorporated by this reference (Additional Services). Section V, Payment, the maximum amount payable under this Supplement No. 4 inclusive of all fees and other costs is Twenty-Seven Thousand Five Hundred Ninety and No/100 Dollars ($27,590.00) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2, Supplement No.3 and this Supplement No. 4 inclusive of all fees and other cost to be an amount not to exceed Three Hundred Seventy-Seven Thousand Seven Hundred Thirly-Five and No/100 Dollars ($377,735.00). The attached Exhibit "E-4", which describes the payment for work to be performed under this Supplement No. 4, is hereby made a part of the Supplemental Agreement. Signed this � of ��('.� YYL�� , 2011. PARAM IX, INC. CITY OF FEDERAL WAY By: By: Dan McReynolds Skip Pri t Its: Principal P.O. Box 460 Sumner, WA 98390 (253) 863-5128 Its: Mayor 33325 8 Ave S Federal Way, WA 98003 (253) 835-2401 AP OVED AS O FORM: Patricia A chardson, Ciry Attorney C:\pmx\outlook\temp\09-219 Supplement 4 S 348-1 st Ave S Improvements CM.doc EXHIBIT A-4 SCOPE OF WORK City of Federal Way South 348th Street at 1st Avenue South Construction Administration/Engineering Services Amendment #4 December 2011 The City of Federal Way has requested that Parametrix provide addition Construction Administration Services due to an addition time extension resulting from the bonding company taking over the construction completion. The following is a summary of the tasks that we anticipate being affected by the time extension for the construction contract. I. INTRODUCTION PARAMETRIX, the CA Contractor, will perform the following scope of construction services on the South 348th Street and lst Avenue South Intersection Improvements Project. Assumptions The scope of services for the project is 100% complete as of December 2, 2011. There between the actual cost due to extra working days expended by the construction contract. The previous construction services contract through Supplement No. 2 covered a total of 154 working days. The actual working days expended was 177.5 leaving a shortfall balance of 23.5 working days. The accompanying budget for the additional construction administration services detailed below is based on the services of one full-time Inspector and or Project Engineer for up to 212 hours of inspection time covering the 23.5 additional working days (23.5 days x 9 hrs/day = 212), including additional reimbursable expenses and additional material testing services and including double shift work by the contractor as well as additional hours for punchlist and final inspection. II. DETAILED SCOPE OF WORK Task 5— Construction Services — Field 5.1 The CA Contractor will provide the services of one full-time Chief Inspector on the project site who will observe the technical conduct of the construction, including providing day-to-day contact with the Contractor and the City of Federal Way. The CA Contractor's personnel shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard Specifications. City of Federal Way 999-2441-999 (04) South 348th Street at 7st Avenue South 1 December 2011 Amendment #4 Scope of Work 5.2 The CA Contractor will prepare daily construction reports, detailing the contractor's operations performed for each day the Contractor is on-site; measure the quantities of materials installed, log equipment and staff used, and other items. 5.3 The CA Contractor will answer questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progess of work performed by the Contractor, including response to related questions from adjacent properly owners and the general public. 5.4 The CA Contractor will prepare field records and documents to help ensure the project is administered in accordance with Federal, State, and/or funding agency requirements. 5.5 The CA Contractor will attend and actively participate in weekly on-site meetings and prepare and distribute meeting minutes. 5.6 The CA Contractor will prepare a punch list upon substantial completion of work, coordinate with the City of Federal Way and other affected agencies to perform a project inspection and develop a comprehensive "punch list" of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the CA Contractor. 5.8 The CA Contractor will receive, report, monitor, and assist in resolving any issues with adjacent property owners. 5.9 The CA Contractor will provide periodic photographs during the course of construction. Photographs will be labeled with date taken and subject matter. Deliverables • Daily Reports on a weekly basis or upon request. • Construction Photographs — One set, including preconstruction, construction and postconstruction photographs. • Field change orders with backups. City of Federal Way 999-2441-999 (04) South 348th Street at 1 st Avenue Sauth 2 December 2011 Amendment #4 Scope of Work PARAMETRIX of Federal W South 348th Street & lst Ave South Intersection Improvements - CA Services BUDGET SUMMARY Task 8ummary Form 01-PD-0O/Rev. 04/04 �� . Flle Na�: 3181h 1rt AVE CA Butlgel (SUDDbmeM Request fl4)1&12-11.xis Project DeMvery System Page 1 M 1- SUMMARY Dffie PriMetl: 72I20/2011 Revised Contract Total $377,735 after suppiemeM PARAMETRIX Form oi-PO-ao�ev. o4roa City of Federal Way South 348th Street & lst Ave South Intersection Im rovements - CA Services .:�- File Name: 348th 1 at AVE CA Budget (S�ppbment Requesl #4)12-12-11.x1s Projed DeiWery Syalem . Pa9e 1 of 1- LABOR Da�e PriMed: 12/20I2017 PARAMETRIX of Federal W South 348th Street & lst Ave South Intersection Phaae-Task Services During ConsWCtlon -Pkld 6A - CA Services EXPENSES Categories Mlleage Copies Final Mylar Full Size �� Plots Bond Rates 50.550 50.09 55.00 53.00 51.00 Description Daily Inspedion (ASSUmes 9 hours/ tlay x 23.5 atldilional xrorking days) 1878 E1,876 Form oi-ao-ao�ev. oaroa Subconsultants File Name: 318Mi 7ffi AVE CA Butlpet (SupplemeM Request #4)12-12-11.x1s Projed �IiverY 6Ystem Pape 1 of 1- D(PENSES Date Primed: 12/20/2011 Client#: 319834 PARAMINC DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/25/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME Colleen MacLafferty Kibble & Prentice, a USI Co PHONE 206-695-9171 a No : 610-362-8518 A/C No, Ext : 601 Union Street, Suite 1000 E'M'4�� cicertre uest usi.biz ADDRESS: 4 � Seattle, WA 98101 INSURER(S) AFFORDING COVERAGE NAIC ; INSURED Parametrix, Inc. 1002 15th St. SW, Suite 220 Auburn, WA 98001-6502 �NSUReRa: Hanover Insurance Company �NSUReRa: Employers Insurance of Wausau �NSUReR c: XL Specialty Insurance Company iNSUReR o: Allmerica Financial Benefit Ins 37885 41840 � � INSURER F: � � COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP �� LTR INSR VWD POLICY NUMBER MM/DD MM/DD A GENERALLIABILITY ZHF893486901 11/01/2011 11/01/201 EACHOCCURRENCE s1000000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea accurt $1 OOO OOO CLAIMS-MADE a OCCUR MED EXP (Any one person) $ � 0 �� X WA Stop Gap PERSONAL & ADV INJORY $ ��OOO OOO GENERALAGGREGATE $Z�OOO�OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $Y�OOO�OOO POLICY X jEC X LOC WAStO Ga $��OOO�OOO p AUTOMOBILELIABILITY AWFS8947270� 11/07/2011 71/01/201 EaacoideDtSINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED pe�r accid n DAMAGE $ AUTOS $ q X UMBRELLA LIAB X occuR UHF891561601 11/01/2011 11/01/201 EACH OCCURRENCE s10 000 000 EXCESS LIAB CLAIMS-MADE XS of GL � AUtO H� AGGREGATE $�O OOO OOO DED RETENTION $NO�I@ Em �O ers Liab $ B WORKERSCOMPENSATION WCCZ9��T422O�� 11/01/2011 11/01/201 X WCSTATU- OTH- AND EMPLOYERS• LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y � N StBt@S AZ ID MT E.L. EACH ACCIDENT $� OOO OOO OFFICER/MEMBER EXCLUDED? � N 1 A (Mandatory in NH) NM OR E.L. DISEASE - EA EMPLOYEE $� OOO OOO If yes, describe under WA USL&H onl E.L. DISEASE - POLICY LIMIT $� �� DESCRIPTION OF OPERATIONS below C PROFESSIONAL LIAB DPR9696412 11/01/2011 11/01/201 $1,000,000 Per Claim Claims Made Pollution Legal $1,000,000 Aggregate Liabili incl DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Atfach ACORD 101, Additional Remarks Schedule, if more space is requlred) 214-2441-018 - S 348th St at 1st Ave S Improvements Project Construction Management; Agreement No. 09-219. City of Federal Way is Additional Insured as respects General Liability per attached endorsement. City of Federal Way 33325 8th Avenue S P.O. Box 9718 Federal Way, WA 98063-9718 SHOULD ANY OF THE ABOVE DESCRIBED POLICIE3 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION3. AUTHORIZED REPRESENTATIVE � � �� h�� O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD �ca�aaon�nuaaaa�no cKV�o THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ iT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERA� LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit 2. Additional Insured - Broad Form Vendors 3. Aggregate Limit per Location 4. Alienated Premises 5. Bodily Injury Redefined 6. Broad Form Property Damage - Borrowed Equipment, Customers Goods 8� Use of Elevators 7. Extended Property Damage 8. Incidental Malpractice (Employed nurses, EMT's & paramedics) 9. Knowledge of Occurrence 10. Liberalization Clause 11. Medical Payments - Increased Limit 12. Mobile Equipment Redefined 13. Newly Acquired or Formed Organizations - Covered until end or policy period 14. Non-owned Watercraft 15. Personal Injury - Broad Form 16. Product Recall Expense - Each Occurrence Limit - Aggregate Limit 17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or �eakage Damage) 18. Supplementary Payments Increased Limits - Bail Bonds - Loss of Earnings 19. Unintentional Failure to Disclase Hazards 20. Unintentional Failure to Notify Included Included Included Included Included Included Included Included Included Included $ 10,000 Included Included 51 ft. Included $ 25,000 $ 50,000 $500,000 $ 2,500 $ 300 Included Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy. Permit This insurance appfies on a primary basis if Under Section It - Who Is An insured, Paragraph 5. that is required by the written contract, written is added as follows: agreement or permit. 5. a. Any person or organization with wham you agreed, because of a written contract, written agreement or permit to provide insurance, is an insured, but only with respect to: (1) "Your work" for the additional insured(s} at the location designated in the contract, agreement or permit; or b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage", "personal injury" or "advertising injury". Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 1 of 6 (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. {3) To any person or organization included as an insured under item 2 of this endorsement. (4) Ta any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "praperty dam- age", "personal injury" or "advertising injury" arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for the tand ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or fessor. 2. Additional Insured - Broad Form Vendors Under Section 11 - Who Is An Insured, Paragraph 6. is added as follows: 6. a. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: b. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reasons of the assumption of li- ability in a contract or agreement. This exclusion does not appfy to liability for damages that the insured would have in the absence of the contract or agreement; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; {5) Any failure to make such inspection, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. c. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompany- ing or containing such products. 3. Aggregate Limit Per Location (1) Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. (2) Under Section V- Definitions, definition 23. is added as follows: 22. "�ocation" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a raif- road. 4. Alienated Premises Under Section I- Coverage A, paragraph 2. Exclu- sions, j. (2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasanably been known by you, at the time the property was transferred or abandoned. (2j Any express warranty unauthorized by 5. Bodily Injury Redefined you; Under Section V- Definitions, de�nition 3. `bodily (3) Any physical or chemical change in the injury" is replaced in its entirery with the following: product made intentionaily by the vendor; Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-00�0 �01I03) Page 2 of 6 RETURN TO: EXT: �� O CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 7�r �'-� �y 2. ORIGINATING STAFF PERSON: � V�'�� EXT: �� Z � 3. DATE REQ. BY: �T ll'�'r 4. TYPE OF DOCUMENT �CHECK ONE�: O CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMF,NT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION i� CONTRACT AMENDMENT (AG#): � r � � Z�� ❑ INTERLOCAL ❑ OTHER � � Q �� v�l c-r �` �� S. PROJECT NAME: j .i `>' S' 7 � S I�=^2.'.P � ar� �` �'��- t�t" � j� C��:-� !� �.-,,ir�•toa� /��G� �,.�.. fi � a�-t t^� 6. NAME OF CONTR� ADDxESS: r �� r ; E-Ma1L:_ �- 5 t � SIGNATURE NAME � � �� r��vi r Frx � C'� , f'v:.�t�,��y� _ 61/fj �"-"37 � TELEPHONE: 2.S � j � �'y - ( � Crf? Fax: Ti�rLS: l'�- ;--, �,'��., ( 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED E BITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # Il l� BL, EXP. 12/31/� UBI # ��, EXR J�- /��'�„ 8. TERM: COMMENCEMENT DATE: C�� y� Z c<" r'? j COMPLETION DATE: � Ll3 ��L �� 9. TOTAL COMPE�iSATION: $ 5' ; S �(:�„� 1`�" 5� ��'^''�"�� ✓'� "'�� (INCLUDE EXPENSES AND SALES TAX, IF ANY� �IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY R �\ REIMBURSABLE EXPENSE: d YES ❑ NO IF YES, MAXIMLTM DOLLARAMOUNT: $ I, �'� �'� ft lt1� (�ly C��i rf�'��l IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 3��' `�/ t � �`��'' l3 /- y�y S-3 i' �- 4 s� lO. DOCUMENT / CONTRACT REVIEW '� PROJECT MANAGER �I�'PC�iS��dA'P� `�{�'2S� �1 DEPUTY DIRECTOR �p( �I DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� � � � 01 LAW DEPT 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING I ' � ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: _ ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS Q 2�j AW DEPT � 2tj SIGN.aTORY (MAYOR nA T'T�T� � n/a CITY CLERK °r � ASSIGNED AG # SIGN D COPY RETURNED f�ETURN ONE ORIGINAL COMMENTS: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: I INI IAL / DATE SIGNED (' � �-� AG# � a DATE SENT: �.�. � � ll /9 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 348TH STREET AT 1ST AVENUE SOUTH IMPROVEMENTS PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrix, Inc. effective the 24th day of November 2009, identified as Agreement No. 09-219 as supplemented by Supplement No. 1 on April 16, 2010 and Supplement No. 2 on December 29, 2010. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 3". The changes to the Agreement are described as follows: Section IV, Time for Beqinninq and Completion, shall be amended to extend the completion date to December 31, 2011. Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement No. 3, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this � day of '1��7'� , 2011. PAR ETRI , INC. By: Dan McReynolds CITY OF FEDE AL WAY By: � Skip Priest ' Its: Principal P.O. Box 460 Sumner, WA 98390 (253) 863-5128 Its: Mayor 33325 8 Ave S Federal Way, WA 98003 (253) 835-2401 AP ROVED AS Tj0 FORM:,, ; f�, ; �" / , � '� � ��-� 1!,�� Patricia �chardson, City Attorney ; K:\STREETS\PROJECTS\S348th St at 1 st Ave S\Construction\Parametrix\Contract\09-139 Supplement 3 S 348-1st Ave S Improvements CM.doc Client#: 319834 PARAMINC A�ORD CERTIFICATE OF LIABILITY INSURANCE D 10/29/2010 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI2ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kibble & Prentice, 8 USI CO. PHONE 206 441-6300 � a No 610-362-8518 A/C No Ext : )� P.O. Box 370 E'MA�� cicertre uest usi.biz ADDRESS: �I � Seattle, WA 98111 CUSTOMER ID #: 7(1R dd9 _RQf1f1 INSURED Parametrix, Inc. 1002 15th St. SW, Suite 220 Auburn, WA 98001-6502 INSURER AFFORDING COV NAIC # iNSUReRa: Hanover Insurance Company 22292 iNSUReRS: Employers Insurance of Wausau 21458 iNSUReRC: XL Specialty Insurance Company �37885 iNSUReR o: Allmerica Financial Benefit �41840 � � INSURER F: I I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R TYPE OF INSURANCE DDL U R POLICY EFF POLICY EXP LIMITS TR N R D POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A GENERALLIABILITY ZHF891561400 11/01/2010 11/01/2011 EACHOCCURRENCE s1 000000 : X COMMERCIAL GENERAL LIABILITY PREMISES�Ea occur ence $� �OOO,OOO CLAIMS-MADE � OCCUR � MED EXP (My one person) $� 0��0� X� WA Stop Gap/EL I PERSONAL & ADV INJURY $� �OOO�OOO — a -- -- - --- �;GENERALAGGREGATE _ $Z�OOO�OOO __ GEN'L AGGREGATE LIMIT APPLIES PER: � PRODUCTS - COMP/OP AGG $Z�OOO�OOO POLICY X PR � X LOC WA St0 Ga $�,OOO,OOO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT � D AWF889472700 11 /01 /2010 11 /01 /2011 $ (Eaaccident) � ' X ANY AUTO BODILY INJURY (Per person) �$ I ALL OWNED AUTOS BODILY INJURY (Per accident) $ �� SCHEDULED AUTOS I PROPERTY DAMAGE $ Xi HIREDAUTOS - I� (Peracciden[) r X' NON-OWNEDAUTOS �$ i$ q� X UMBRELLA LIAB ' X occuR VHF891561600 11/01I2010 11/07/2011 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE XS of General �'. AGGREGATE $�� Q� 0�0 ' DEDUCTIBLE Auto 8 Employers �� s RETENTION None Liabili I $ B WORKERS COMPENSATION WCCZ91447422010 11/01/2010 11/01/2011 X WC STATU- OTH- AND EMPLOYERS' LIABILITY - ANY PROPRIETOR/PARTNER/EXECUTNE N States: AZ ID E.L EACH ACCIDENT �' $� �OOO�OOO OFFICER/MEMBER EXCLUDED? � N�A (Mandatory in NH) NM OR PA E.L. DISEASE - EA EMPLOYEE $� ,OOO,OOO ; If yes, describe under WA USLH�H OIII �'': E.L. DISEASE - POL�CY LIMIT $� ��0�� " DESCRIPTION OF OPERATIONS below C iProfessional Liab DPR9688709 11/01/2010 11/01/2011': $1,000,000 Per Claim 'iClaims Made Pollution Le al Liab incl I$1,000,000 Annual A DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 214-2441-018 - S 348th St at 1st Ave S Improvements Project Construction Management; Agreement No. 09-219. City of Federal Way is Additional Insured as respects General Liability per attached endorsement. CE City of Federal Way 33325 8th Avenue S P.O. Box 9718 Federal Way, WA 98063-9718 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR�ZED REPRESENTATIVE � 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4967327/M4967262 CNMJU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LlABtLITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERA� LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit 2, Additional Insured - Broad Form Vendors 3. Aggregate Limit per Location 4. Alienated Premises 5. Bodily Injury Redefined 6. Broad Form Property Damage - Borrowed Equipment, Customers Goods & Use of Elevators 7. Extended Property Damage 8. Incidental Malpractice (Employed nurses, EMT's & paramedics) 9. Knowledge of Occurrence 10. L.iberalization Ciause 11. Medical Payments - Increased Limit 12. Mobile Equipment Redefined 13. Newly Acquired or Formed Organizations - Covered until end or policy period 14. Non-owned Watercraft 15. Personal Injury - Broad Form 16. Product Recall Expense - Each Occurrence Limit - Aggregate Limit 17. Property Damage l.egai Liability (Fire, Lighting, Explosion, Smoke or Leakage Damage) 18. Supplementary Payments increased Limits - Bail Bonds - Loss of Earnings 19. Unintentionai Failure to Disclose Hazards 20. Unintentional Failure to Notify Included Included Included Included Included Inciuded Inciuded Inciuded Included dncluded $ 10,000 Included Included 51 ft. Included $ 25,000 $ 50, 000 $500,000 $ 2,500 $ 300 Included I ncluded This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy. Permit This insurance applies on a primary basis if Under Section 11 - Who Is An insured, Paragraph 5. that is required by the written contract, written is added as follows: agreement or permit. 5. a. Any person or organization with whom you b. This provision does not apply: agreed, because of a written contract, written (1) Unless the written contract or written agreement or permit to provide insurance, is agreement has been executed or permit an insured, but only with respect to: has been issued prior to the "bodily injury", (1) "Your work" for the additional insured{s) "prope�ty damage", "personal injury" or at the location designated in the contract, "advertising injury". agreement or'permit; or Inciudes copyrighted materiai of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01/03) Page 1 of 6 (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3} To any person or organization included as a� insured under item 2 of this endorsement. (4) Ta any lessor of equipment: (a} After the equipment lease expires; or (b} If the "bodily i�jury", "property dam- age", °personal injury" or "advertising injury" arises out of sole negligence of the lessor. (5} To any: (a) Owners or other interests from whom land has been ieased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. 2. Additional Insured - Broad Form Vendors Under Section II - Who Is An Insured, Paragraph 6. is added as follows: 6. a. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or �property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the fo►lowing additional exclusions: b. The insurance afforded the vendor does not apply to: (1) "Bodily injury� or "property damage" for which the vendor is obligated to pay dam- ages by reasons of the assumption of li- abi�ity in a contract ar agreement. This exclusion does not appfy to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, uniess unpacked solely for the purpose of inspection, demonstration, testing, or the substiiution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sate by you, have been labeted or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. c. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompany- ing or containing such products. 3. Aggregate Limit Per Location (1} Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. (2) Under Section V- Definitions, definition 23. is added as follows: 22. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a rail- road. 4. Alienated Premises Under Section I- Coverage A, paragraph 2. Exclu- sions, j. (2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 5_ Bodily Injury Redefined Under Section V- Definitions, definition 3. "bodily injury" is replaced in its entirety with the following: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office. Inc. 1998 d�1-00$b (01%03) Page 2 of 6 RETURN TO: ExT: ��;) , CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: ORIGINATINGSTAFFPERSON: JC'�l,ti � EXT: Z� Z� 3. DATE REQ. BY: �S' �P TYPE OF DOCUMENT (CHECK ONE�: 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) � PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION 6d CONTRACT AMENDMENT (AG#�: O j' L I�j ❑ INTERLOCAL ❑ OTHER r 5. PROJECT NAME: S 3 �� S"F'r�e �� "� � 5 Vt- S � y �7Lr� v-r l.�,,t e�,�' t�i. � G. NAME OF CONTR ADDRESS: � f� % SIGNAT[JRE N ✓i vt � c. TELEPHONE: ZS3 -6D 4 - ��0@ FEvc: TITLE: �� i✓► c � n�o.� EXHIBITS AND ATTACHMENTS: 49 SCOPE, WORK OR SERVICES �7 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / TERM: COMMENCEMENT DATE: I��L`'' �zCG•' � COMPLETION DATE: G�/ �T // TOTAL COMPENSATION: $ LZ� q,� L yr, ��y'S�G� �'1 S� kj �z�, ( (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDA RATES� REIMBURSABLE EXPENSE: �i YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 3£� O�Tv /�2 � l� ��'� ��.1 IS SALES TAX OWED: ❑ YES Cyl NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: �L�� ` �� "1 �'I ��'J�� "��L� ' �C�� 10. DOCUMENT / CONTRACT REVIEW (8 PROJECT MANAGER '� ��, '�� DEPUTYDIRECTOR ��aj,� C�9 DIRECTOR j �.y L� s�1' . �.PPC rL �i � "' � � [2�Z,i l � � � LAW DEPT INITIAL / DATE REVIEWED '3��1+� IZ-//a�/G' Zv , L� 1 _ 7i . COMMITTEE APPROVAL DATE: 12. CON�T SIGNATURE ROUTING ;�.JENT TO VENDOR/CONTRACTOR DATE SENT: I.� 3� ��' I' �ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, XHIBITS II��.'�I LAwDErT � � ��a�, � � ' SIGNATORY � ��C� C'�� ,� CITY CLEiuc ASSiGtvED AG # SIGNED COPY RETURNED �RETURN ONE ORIGINAL I ITIAL / DATE SIGNED ' - _l� Gl AG# Oa1- 2 � �;�; DATE SENT: �° I L" 11 IIVITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: COMMENTS: EXECUTE " Z`� ORIGINALS 1/9 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 348TH STREET AT 1ST AVENUE SOUTH IMPROVEMENTS PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrix, Inc. effective the 24th day of November 2009, identified as Agreement No. 09-219 as supplemented by Supplement No. 1 on April 16, 2010. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 2". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-3" attached hereto and incorporated by this reference (Additional Services). Q Section IV, Time for Beqinninq and Completion, shall be amended to extend the completion date to June 30, 2011. ffll Section V, Payment, the maximum amount payable under this Supplement No. 2, inclusive of all fees and other costs, is Twenty-Two Thousand Nine Hundred Thirty-Two and No/100 Dollars ($22,932.00) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1 and this Supplement No. 2 inclusive of all fees and other costs to be an amount not to exceed Three Hundred Fifty Thousand One Hundred Forty-Five and No/100 Dollars ($350,145.00). The attached Exhibit "E-3", which describes the payment for work to be performed under this Supplement No. 2, is hereby made a part of this Supplemental Agreement. Signed this G�'�day of ��'��^ , 2010. PARAMET X, INC. CITY OF FEDERAL WAY c By: By: Dan McReynolds Skip iest Its: Principal P.O. Box 460 Sumner, WA 98390 (253) 863-5128 Its: Mayor 33325 8 Ave S Federal Way, WA 98003 (253) 835-2401 APPROVED AS TO FORM: .._� ............. . � --� atricia A. Richaxdson, Ciry Attorney K:\STREETS\PROJECTS\S348th St at 1st Ave S\Construction\Parametrix\Contract\09-139 Supplement 2 S 348-1 st Ave S Improvements CM.doc EXHIBIT A-3 SCOPE OF WORK City of Federal Way South 348th Street at 1st Avenue South Construction Administration/Engineering Services Amendment #2 December 2010 The City of Federal Way has requested that Parametrix provide addition Construction Administration Services due to time extension on the construction completion. The following is a summary of the tasks that we anticipate being affected by the time extension for the construction contract. I. INTRODUCTION PARAMETRIX, the CA Contractor, will perform the following scope of construction services on the South 348th Street and 1 st Avenue South Intersection Improvements Project. Assumptions The accompanying budget for the additional construction administration services detailed below is based on the services of one full-time Chief Inspector beyond the original 120 working days to up to a 154- working-day construction contract plus support from the CA Contractor's Puyallup office. Any additional increase or decrease in the number of working days affects the time an inspector will be on-site. Supplemental assistance may be needed depending upon contractor's activities (multiple crews, multiple shifts, overtime, nighbweekend work). It is assumed that the construction will be under suspension from December 24, 2010 to April 1, 2010 . 11. DETAILED SCOPE OF WORK Task 1 — Project Management Provide overall project management, coordination with the City of Federal Way, monthly progress reports, and invoicing. This effort will include the following elements: 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures, prepare invoice, and submit project progress report to City of Federal Way. Ciry of Federal Way 999-2441-999 (04J South 348th Street at 1 st Avenue South 1 December 2010 Amendment #2 Scope of Work Task 5— Construction Services — Field 5.1 The CA Contractor will provide the services of one full-time Chief Inspector on the project site who will observe the technical conduct of the construction, including providing day-to-day contact with the Contractor and the City of Federal Way. The CA Contractor's personnel shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard Specifications. 5.2 The CA Contractor will prepare daily construction reports, detailing the contractor's operations performed for each day the Contractor is on-site; measure the quantities of materials installed, log equipment and staff used, and other items. 5.3 The CA Contractor will answer questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 5.4 The CA Contractor will prepare field records and documents to help ensure the project is administered in accordance with Federal, State, and/or funding agency requirements. 5.5 The CA Contractor will attend and actively participate in weekly on-site meetings and prepare and distribute meeting minutes. 5.6 The CA Contractor will prepare a punch list upon substantial completion of work, coordinate with the City of Federal Way and other affected agencies to perform a project inspection and develop a comprehensive "punch lisY' of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the CA Contractor. 5.7 The CA Contractor will coordinate and manage testing subcontractors for construction services. Provide materials testing services as required. Coordinate the work of the resident inspector(s) and testing laboratories in the observation and testing of materials used in the construction, document and evaluate results of testing, and address deficiencies. 5.8 The CA Contractor will receive, report, monitor, and assist in resolving any issues with adjacent property owners. 5.9 The CA Contractor will provide periodic photographs during the course of construction. Photographs will be labeled with date taken and subject matter. Task 6 Construction Services — Office 6.1 Day-to-Day Project Management: Liaison with City of Federal Way on a regular basis to discuss project issues and status and management of subcontractors and General Contractor's staff. 6.2 Plan Interpretations and Change Orders: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Develop change orders and provide technical assistance to negotiate the change orders. Ciry of Federal Way 999-2441-999 (04) South 348th Street at 1 st Avenue Sauth 2 December 2010 Amend�nent #2 Scope of Work 6.4 Monthly Pay Requests: Prepare monthly requests for payments, including all backup material and force account worksheets; review with City of Federal Way and General Contractor and approve, as permitted. De/iverables • Preconstruction Conference Minutes. • Daily Reports on a weekly basis or upon request. • Construction Photographs — One set, including preconstruction, construction and postconstruction photographs. • Weekly meeting minutes. • Field change orders with backups. • Requests for information with responses. City of Federal Way 999-2441-999 (04) Sauth 348th Street at 1 st Avenue South 3 December 2010 Amettdment #2 Scope of Work PARAMETRIX EXHIBIT E-3 Form01-PD-40/Rev.04/04 Citv of Federal W South 348th Street & lst Ave South Intersection Im BUDGET SUMMARY ents - CA Services Direct Salary Anticipated DSC DSC with Subtotal Labor Subconsultant Cost (DSC) Inflation % Inflation �erhead +p�erhead Fee on DSC Amount Total Inciuding Fee Expenses Subconsultants �� Task Totais Rates �� 4.0% 189% 30% � � " �� ' �� . 4.0% TaskNo. Description �� ` � �� . . � . - -- -_.. _ __ _-_ _ __ _ __ ___ ._ __ _--- -__ _ _ Task 1.0 Project Management __-- - -- _ _ _ _ . -- - _ _ _ _ _. _ _ _ _ _ _ ___ ____ _ __ _ � � Organize and layout work, prepare project instructions $240 4.0% $250 $472 $722 $75 $796 $T96 . _--- _ - -. _ . ___.. _ _ _ ____ __ _- ___ _ ____ -- - __ ___ _ __ _ __. P Y � . $320 _ - 4.0% _ , __.-_ ' 1.2 Pre are and submit monthl mvoice $333 $629 $962 $100 $1,062 a1 062 _==---=T_ _ �._ _,��_« _ - -_- --__ _-_ - _--. - -- . _ __ - - -- _ _ .. -__ . -_ - - -- 2.1 U Bid List, Specs and Estimage 1.0% _------___ - _------- -_ _._. _._ ___ _____ _______ _- --- ---___ _ ___ _ _ ___ ___ ____ ____ __..- -._ ___ ____ ._._ 2.2 Update General and Typ. Sections 1.0% __ _- ------_ - ---- -- -- -- _. . __ _ __ _ ___ _ _ - - _ --- -- -- _ --- -- - - -------- - - -__ -- --- --_ __ _ _ - _ . -- --- - 2.3 Rem Sht DT5 1.0% _--- --- __ _---- __--- - ____ . ._ ___---- __.._. . --- _- _ _ ._..__ _ ___ __. . _ 2.4 Up date D em o S hts 1.0% __ ____ __._ __ _______ _ _... ._-----_ -- -____- - - __.. __ ___ __ _____ ----- . _ __-- -------_. ---_ __ ---- 2.5 Update Curb Alignment Plans 1.0% ____ __ -- _ __ ----- - __ ---- ---- - _ -- __. __ -- - ___ _ __ -- ---- _ _ -- -----. ___ -- ___...._... ..__. 2.6 Update SD4 - Storm Drainage Plans 1. ___ _ . -- ---- - ___ -- _... __- _.. __ _._.. . _ _ -_ ___ _ __ ___ 2.7 Update Storm Drainage Profiles 1.0% _ -- --_____ _ _ - __- - - _- --- - -- - _ __ _ - __ __ ---- _ --- __ _...-- 2.8 Update Sht WL3 - Re t ain ing Wall Pian/Prof 1.0% ___-----_ _ _ __- -- ---- _. ._...----__ ._ -__- ---- _ ___ ___ 2.9 Update Chan & Signing Pians 1.0% -____ ___ __ - ---- -- -- -- - _ . ---- _. . _- ---- ----__ - . _. _.. ---- . _ _ ---- --- - - 2.10 Revise III. Design For LED Lights 1.0% __ ._ __ __ ___ -- - --- --- _ - __. .-- - - -- ---- - -- --- - - - - --- - - - - 2.11 Update El Plans 1.0% ___._ ___ ____ ___- -- - ---- - ------ --__ _ _.___ _ . _ __- - -- ___ ---- - - -- -____ _ - ------ _ _ _ _ --- _ _---- __- - - _ _- --- 2.12 Upd Land and Irrigation Plans 1.0% - --- ------ --- -- __ -- -- -- ---- _ __--_-- _------ ---- ------ --- Task 3.0 Services During Ad 8 Award _ __ --_ _ _- ---_ --- -_ - - _- __-__ __ - - __ . --- 3.1 Contract Do cs and Advertisement 1 -- --- __ _ -- __ _ - - -- -- --- - _--. _..._ _----- ----- ------. _ _---- - _ _____ _____ -__ 3.2 RFIs and Bid Addenda (2) 1.0% ---- --- --- - ---- ----_ _ ------_ - -_ __ ____.._------ --- -- - _-- - 1.0% . _.___ __ ___ ----- - _- __ __--- -- - - -._ _._ __ ____ Task 4. Preconstruction Activities -------- - -- __ _-- __ _--- - --- -- -- --- --- -- ------ - __- --- - 4.1 P Conference 1.0% -- .. _ . --- ------ ---- -- - - -- __._._. - -- _ - - --._ _ - --- --- --- ----- 4.2 Pr Photos 1.0% --- ---- ---- - . _---- - --- ------ --- - - - --_ ----- - - _- -- _ _-- --- - - _ -- ---. -____ ___ _. __ Task 5.0 Services During Construction - Field - ---- --- ... _ _- _ _---_ - -- . .__ _ .-- _ _ _ _-- ._ __ ___ _ __ - ---__ __ - . --- _ - - 5.1 Daily Inspection and Management (30 days) $4,271 4.0% $4,4 $8,399 $12,841 $1,332 $14,173 $293 514,466 --- - - __ . . . .------ - ----------- -- - -- ---__ _ -- --- - --___ -- _ _. .--- __ ---- ---- Task 6. 0 Construction Services - Office _... _____ _ . -- - ---- ---__ _ _ __ ____ __. - _ ___ _._ _- -_ _ --_ _ __ _ _ _ _- ---- _ _ ----_ ____ _ _ _ _ _ _ 6.1 Day to Day Project Management $850 4.0% $884 $1,672 $2,556 $265 $2, 821 $127 $2,948 ------- - ---- __-----__ _---- --- --- -- - ----- _------- _ - - - -- _-- ---- _ -- ---- _ __ _ -- ---- 6.2 Plans Interpretation and Change Orders $ 4.0% $578 $1,093 $1,672 $173 $1,845 $9 $ 7,854 _...___ -- -- --- --- -- -- - _ ------ . ---- --_ _ __ _ - - -- --- --- -----. _..._- _ __ _ --- 6.3 Record Drawings 4.0°k __ _ _ _ _ _____ __ __ . __ ___ _-- _ __ _ _ _- - _ - ---- - --- - -- _ - - _ _-........_ ____.._ _ _ - --_ _-- ---- __ ___ _ __ __ .___ 6.4 Monthly Pay Requests $351 4.0% $365 $690 $1,055 $109 $1,165 $9 $1,174 _-- ---- - - -- - ---- ------ ____ - -- _ __ _-- - - - _.__ _ __---- __ - - __ _ __ -------- 6.5 Review Submittals 4.0% . __.---- - -------__..._ - _ _ ---- -- _ _ ---- __- __ _--- - _-- -- --- ____ __ _ ___ ----_.. 6.6 Contract Cl arificatio ns $190 4.0% $198 $375 $573 $59 $632 _ $6 -- _ _ .. _ - - --__ - --____ ------- __ _. _-- -- -- - -- 6.7 Conformed Drawings TOTAL $6,778 $7,049 $13,331 $20,380 $2,115 $22,494 $438 $22,932 Task Summary • . � -- I 11Y_t� J C-��' Project Manager - Date Division Manager - Date Principal - Date File Name: Copy of 348th 1 st AVE CA Budget (Supplement Request) 12-17-09 (2) Project Delivery System Page 1 of 1- SUMMARY Date Printed: 12/17/2010 PARAMETRIX EXHIBIT E-3 Form01-PD-40/Rev.04/04 City of Federal Way South 348th Street & lst Ave South Intersection Improvements - CA Services LABOR Project Project Chief Proj. Coord. Senior y�ord Designer Direct Salary Manager Engineer Inspector Deena Engineer processing Vlad Cost Greg S. Jack Wright Tom Fraser Hueneka Bob F. Rubashka Direct Salary Rates $60.00 $35.23 $31.17 $25.00 $54.05 $24.00 $36.50 Task Description m . , ., _ _ N _ _ _ _ __ _____ ____ _.__ . _ ___ _ __ -- -- _ __ __-- - - Task 1.0 Project Management . _. ___ --__ _. _ __ . _ -- __ __ _ _ _ _.. ___ _ _ _ __ __ _ ____ _ __ _- __ Organize and layout work, prepare project �'� instructions 4 _$240 - --- _ ---...... __.._. _ _ _. . _ --- --_ _ _ .... _ __ _ _ - _ _. _ __ _ _ _ _ _ - _ __ __ _ _ - -- _ . _ __ _ _ - _ _ _ __ _ _ _.__ _--- -_ _ - -- _ _. 1.2 Prepare and submit monthly invoice 2 g $320 _ _ _-- - _ _.._ _... _ _ . __ __ _ _ _ _ - -- _ __ -- Task 2.0 Revis C ontract Plans __ _ - -- -- - - _ _ _ __.... _. - _ __ _ -- _ _-- ------ -_ _ - 2.'I Update Bid List, Specs and Estimage ---_ _ __- -- - - - -._. -- ...----- _ ____ -- -- ---- - -__.. . _ _____ __ -- --_ _ ---- -- _..__ _ . _ __ __ _- - . _ _. - ---- ____ _ _ - _-__ _ _. _. - ----- - - -- 2.2 Update General and Typ. Se cti on s -_.- _ _-- -_ ------ ---- --- - --- __ _ --- -- _ - __ _ __ . _ _ _ _ _ _ _ _-- -- _ _ -_ _ _- - -_ _ _ 2.3 Rem Sht D T5 _ __ . _ _-- ---- - - - ---_ ___--- - ____ __ _ __ _ ___ - -- _ _ _ __- _ _ __ --- __ _ _ - . _ _ _. -- 2.4 Update Demo Shts __ . _ _ _ _ --- -------- - . _____ __- -- - - - - _. . - - - ___ . - _ _ __. __ _ -- __ __ _ _ __ _ _ 2.5 Update C urb Alignmen Pla --- - ---- . __- -- _. _ __ _ ___ -- -- . .-- --- . - ._ __ -- _-- - - 2.6 Update SD4 - Storm Drainage Plans . ____ . __ __.. ----. . . -- __ -....._ __ _ _ __ __ _ _ _ __ __ _ _ ___ __ _ _ 2 7 Update Storm Drainage Profiles ___ _. _. _ __ . __ -- --- -- -- -- - _ - - - - -- -- _._ ___ 2.8 Up date Sht WL3 - Retaining Wall Plan/Prof __ _ ---- ----_ -------- --- _ _ _ __ _ _ __ _ _ . _-- -_ _ _.__....___ _ _. _ _ _ --..__. 2.9 Update Chan & Signing Plans _ ___- - --- __ -----__- - -- -- - _ .. _ - -- ---- _ - ----- . Revise III. For LED Lights . _ - - ------ -_.._ -- - - - _ _ . __ _ --- - __ _ - ..._- - - - __ . -- -- -- - - -- - - _----- - _-- -- -- _ __ ___ _ ____- 2.11 U Electrical Plans _____ ___ __ _ --_. _ _- _ - - __ _- -_ _... __- -- _ __ _ 2.12 Update Landscape and Irrigation Plans _ _- - --- --- __ - __._ _____ __ _ _ _ _ ___ _ _ _ Task 3.0 Serv Duri Ad 8 AwaM _. _ - - ------ - . . _ - _ _ _ .. _- - __ _ --- _ ___ - _ __ . _ _ _ _ _ --- _ 3.1 Contract Docs and Advertisement _ - --- ------- . __ - - _ _ _ _-. _ _ _-_-__ _ - - - - ----- --- _ __ _ _ __ _ ___ ___--- __ _- - -- 3.2 RFi and Bid A ddenda (2) _ __ _ _ _ - __ _ - __ _ -__ __ _ _ Task 4 Preconstruction Activities _____ .. __. _ __ _ __ _____.__ --__ ___ -_------------- _---- ---_ ___ __-------- --- ---- ------- -_ .--_ __ _- ---- ----- -- _-- - ------- _. _ _.__ 4.1 Preconstruction Conference _ _ _. --- - _ _ __ __ _ _ - __ - _ _ -- 4.2 Preconstruction Photos Task 5.0 Services During Construction - Field 5.1 Daily inspection and Management (154 days) 10 90 20 __ _ __ _ - __ _ -- ---- --_- -- -_ . _ _ --- _ _ _ --- - __ _ ___ __ _ --- _ -- - __ Task 6.0 Construction Services - Office _ _ --- _ - ----_ _ _ _ __ --- ---- --- ___ _ _ ._. _ - -- --- _ _ 6.1 Day to Day Project Ma 1 p 10 ___ _ _ __ _ _----- ------------ ---- -- __.. ----- _ ---- _ _ ---- --- -----..__ _ _-- _ _ _ _ - ------ _ _ __ -- _ 6.2 Plans Interpretation and C hang e O rders 4 4 7 _-_- -..--- ------- - - _ _ . - ------ - -- --- -- _ . .__ - . - -- --- - -- -- _ -- - - - -- _- --- --- --_.. _ _ -__. -- - --- - - 6.3 Record Drawings __ ---- - ------ y y - _. __ . __--.._ ___ - _. -- -- __ -- - --_ -- _- -----_ _ -- -____ ____ --_ - - - -- . 6.4 Mont P Re uests T 4 6 -----.----- ------ ------ - - ----- - -- -- -- -_ __ ___ -- - -_ _ - -_. . _ _--- __ _ - - --.. 6.5 Review Submittals _ ____ _ ___ -- -- - 6.6 Con tract Clarifications 2 2 __. _ -_..__._ _ _ - -_----- __._ __-- __._.___- -- 6.7 Conformed Drawings TOTAL 33 100 51 Project Delivery System Page 1 of 1- LABOR � $4 8 _$_ . - 556 $ . 351 $-- .-- $ 1 $6.778 File Name: Copy of 348th 1 st AVE CA Budget (Supplement Request) 12-17-09 (2) Date Printed: 12/17/2010 PARAMETRIX EXHIBIT E-3 Form o�-P�-ao�Re�. oa�oa City of Federal Way South 348th Street & lst Ave South Intersection Improvements - CA Services EXPENSES Subconsultants Materials Testing (TBD) Labor Exp Total ,� - �gorie Mileage Copies Final Mylar Full Size Expenses Plots Bond Rates 50.550 $0.09 $5.00 $3.00 Phase-Task Description � � , a .�� r a �. _ r � . _ . :_. � .�, � _ _ _ _ __ . - - - __ _ __ _ _ ___ _ _ __ .__ __ Task 1.0 Project Management - - - - --- - __ - - -- __ _ - - - ----- ___ _--_ __._.. _ _____ __ __ _.--- ----- __ ___ . � � Organize and layout work, prepare project instructions _. _.__ _ _ _._. _ _ _ __ __ _ - -__ _ -- - - _ _ _ _------ _ _ _ _ 1.2 Prepare and submit monthly invoice -_ _ :- ._ -- �_�v �_�.�_..-.. ..�_:.R� -_ .:-: . _ -__ -_ _ --: - _ =. . -__ = = _ __ 2.1 Update Bid List, Specs and Estimage -- - __- ---- - - - _ - - ---- . _ _.. _ ------ ----- .. __- - _ __ _ 2.2 Up date General and Typ. Sections - --_ . _ .__ -- - - -- - --- . .__ _ _ _ __ _____ _ .. - - --- -- ___ _ . _ - -__ __ ___ _. _ _ 2.3 Remove Sht DT5 ______ -- ---__--- ---- _- ---____ ------ - ----- -- _ _ __ __.__._- --2.4 - --__ - -- - - _ _ _---.._ ---- --- _ --- - - ----- - -- -- --- - - --- _ __ --- _ __ _ __ _._ _.._ _ _ _.__. - - - - -- ---_ _. _-- --- - - _ _ --__- - - _ __ _--- ___ _ _- 2. Update Curb Alignment Plans - - -- _ ---- _. - - - - - - _ _ __ _ _ _--- -- -- _ _ __- --- 2.6 _ _..._. ___-- --- - - -----_ _ ---- -- -- --- - __ _ - - - _---- __ --- _ __. _ _ _ _.._ _ - - 2.7 Update Storm Drainage Profiles - _ _-_ _ __ __ _ --- -_-.__ ---- _ _------ --___ _... ----- ---------_. _ . __ __ __ _ __ __ ___ __._.. -- --- -- ---__ _---- 2.8 Update Sht WL3 - Retaining Wall Plan/Prof - _ __ --- ---- _. ___ _ _-- - _ _ ___ __ __ -- ______ 2.9 Update Chan & Signi Plans _ _ ___ _ __ _ _ - - --- --- _ ___-- -- _ _ . _ .----- - _- ___ _ __ -- _ _ _. - _ ----. _.-- ._ ------ - -_ __.__ --- 2.1 Revise III. Design For LED Lights _ _____ . __.._ __ _ ___. __ - --- _ __ _- 2.11 Update Electrical Plans __- _ .-__-------- - ------- ------------ __------------------ _--- ----- ------------_ _ _--__ __ -- --- 2.12 Update Landscape and Irrigation Plans _ _ _.. _ ____. _.__ ___ _ _._ _ _ _..___. _ __ --- -- -- - ---.. _ -- - ---- _ _. _ _- -- --- _ .. _- Task 3.0 Servi During Ad & Award ___ ---- -_. _ --- _ --_ ___- ---- _ __ - __--- 3.7 Contract Docs and Advertisement _ _ _ --- __ __. __ _ __ _-- -- _.__ __ _ _ _ _ _ ____ . _ ---- --- ___ --- -_-- -- -_ ____ 3.2 RFIs and Bid Addenda (2) -- _ _ - --- -_ ------ -- --- ----- ---- _ ___ .. _.._ ---- - ---- . - - - - - _ _. _- __ _--- __ - __ Task 4.0 Preconstruction Activities ------- -_ __ ____ _-- _ ------ --- - __ __ _.__ ___ _ -- - -- -_ ----- - __ _.. --._.. _ __--- _ ___ ___ _ _. _ 4.1 Preconstruction Conference ____ _ ._ _---- ___ __ ___ ---- _ _- ___ _. _ _ _ _.. _..._ ____ ____ ____ __.._ __----- _____ ___ ___ 4.2 Preconstruction Photos . _ _____ _ _ _ _._ _.. _. . _ -- ----- __._ _.--___ --- - _ __ _._... _ _----- Task 5.0 Services During Construction - Field _ ____ -- - _ __. _- _ _ _ ____ _ _- ---- -- - _ - __-- ___ --- _ __ _ __ _ _ _ _ _ -- 5.1 Daily Inspection and Management (30 days) 500 200 $293 _ _ _ __ ____ -____ --- __ _ _ __- -- _ --- -_ -- _ ___ _ _ _ ----- __._... _ __ _-- - _ -- - Task 6.0 Construction Services - Office ----_ ___- ---_ _- _ _ __. ____ _ - __ _ __ __ _ __ __ --- _ _--- - - 6.7 Day to Day Project Management 100 800 $127 _ _ --- ----- _ _- -_ __-_ _ --- -.. . _ _ ---- -- _ _ _- --- -- - _. . - _ _ ___- - -- --- -- _. ___ _- _ - _ . - - - -- - _ -- --- 6.2 Plans Interpretation and Change Orders 100 $9 _ _-- --------- - -- - ___ _ -- ---____ _. ---- ---._ _. - -- --- --- -_ __ __ _.. -_ __ __ _.. _. _ _ ___- -- -- -- 6.3 Record Drawings _. ____ ____ _ - _ .------- - -------- _ _ . _._ _ ___ __ _ ___ _ - - -- - -__ __ _. _ _ - _ __ ___ __ 6.4 Monthly Pay Requests 100 $9 _.. __ __..____ _- _ _ ____ _ ____ _---.. ____------ -- ___. __-- -- - -- _ _._ . ---- __._ _ __- _ __------ --- _____ 6.5 Review Submittals _ _ _ _ __ -- - ---_ __ __-- _. _ ___ _ --- --... . _ --__ _..._._ 6.6 Contract Clarifications _---- _ ___ __ _ _- ---- - - - 6.7 Conformed Drawings __ _ _ ---- - -- -- _ ___ _ __ __ _ _ _-- _ _ _ ___.. TOTAL 600 1,200 $438 File Name: Copy of 348th 1st AVE CA Budget (Supplement Request) 12-17-09 (2) Project Delivery System Page 1 of 1- EXPENSES Date Printed: 12/17/2010 RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY: 4/16/10 TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.Ca, RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.C� BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION di Co1vT[taCT AMENn1�tE1vT (AG#): 09-219 ❑ I1vTERr.oC.v. 0 oTE�R �'" .tc.c,,aQ-Gcrru.K# /�(0 1 5. PROJECT NAME: S 348� STREET AT 1 ST AVENUE SOUTH INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT 6. NAME OF CONTRACTOR: PARAMETRIX INC ADn�ss: P.O. Box 460. SUlvtrtER. WA98390 TELEPHONE: (253) HC)3-1528 E-M�L: F.�X: SIGNATURE NAME: DAN MCREYNOLDS TITLE: PRINCIPAL EXHIBITS AND ATTACHMENTS: i� SCOPE, WORK OR SERVICES ❑ COMPENSATION I}i' INSURANCE REQUIItEMENTS/CERTIFICATE F! ALL OTHER REFERENCED EXI�BITS ,�PROOF OF AUTHORIT�' SIGN �,REQUIRED LICENSES .�RIOR CO CT/AMENDMENTS X C LICENSE # q0 a 0 I�'�3 0 0 BL, EXP. 12/31/ 1 fl usi # 600/3535�q , EXP. /� /� 7 `�'�'� - Q , Ii � Ck��SQ, ��r Q�� 5� N l �5'Y{'� � l� , r„ TERM: COMMENCEMENT DATE: 11/24/209 COMPLETION DATE: 12/31/2010 � 3a3 °° - f- TOTAL Cc1MPENSATION: $4 ,143.00 (StrnP) $327 ,213.00 TOTAL CONTRACT (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� L' REIMBURSABLE EXPENSE: [� YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 3$��r.Ae 6 3 � �!'� IS SALES TAX OWED: ❑ YES 9� NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CTTY EXT: a �o� ❑ PU1tCHASING: PLEASE C�-�,xGE To: 306-4400-131-595-30-650 10. DoCU�rrr / COx�rx�c�r REViEw �PROJECT MANAGER�TOIt n. L]� DNISION MANAGER '��$ ;�DEPUTY DIItECTOR,NIQrltktl�-� i�/4 B�DIRECTOR�(�,n� ❑ RISK MANAGEMENT (IF APPLICABLE) �{�.�+ � LAW DEPT � �� . � t! �'�:�,��r ��-.� //�. ilt: � �► �� INITIAL / DATE APPROVED COMIvIITTEE APPROVAL DATE: A� 12. CONTRACT SIGNATURE ROUTING Is3 SENTTOVENDOR/CONTRACTOR��OV�t�S) DATESENT: I � ISt.' ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, Q-IIBITS (G� � LAw DEpr ( nT SIGNATORY �E�9R»� �' p , $ I��,, 11� CITY CLERK � ASSiG1vED AG # 'S� SIGNED COPY RETURNED �tRETUxtv 01vE OttlGnv.AI. COMMENTS: �+�..��.�.�... Y �1 N A........ .. .. Z � / DATE SIGNED . 1 AG# � DATE SENT: ' Z • �� COUNCIL APPROVAL DATE: DATE REC'D: O ( V 11/9 K:�STREETS\PROJECTS\S348th St at 1stAve S\Construotion\Parametrix\Contract�S 348th at 1st CM Supp 1 Routing Slip.dac SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR SOUTH 348TH STREET AT 1ST AVENUE SOUTH IMPROVEMENTS PROJECT CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrix, Inc. effective the 24th day of November 2009, identified as Agreement No. 09-219. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 1°. The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-2" attached hereto and incorporated by this reference (Additional Services). �1J Section V, Pavment, the maximum amount payable under this Supplement No. 1, inclusive of all fees and other costs, is Four Thousand One Hundred Forty-Three and No/100 Dollars ($4,143.00) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1 inclusive of all fees and other costs to be an amount not to exceed Three Hundred Twenty-Seven Thousand Two Hundred Thirteen and No/100 Dollars ($327,213.00). The attached Exhibit "E-2", which describes the payment for work to be performed under this Supplement No. 1, is hereby made a part of this Supplemental Agreement. Signed this ��0�"1 day of 1'�C�� , 2010. PARAMETRI INC. CITY OF FEDERAL WAY By: By: y �a Dan McReynolds Bria ilson Its: Principal P.O. Box 460 Sumner, WA 98390 (253) 863-5128 Its: City Manager/Police Chief PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 APPROVED AS TO FORM: � i� J Patricia A. Richardson, City Attorney K:\STREETS\PROJECTS\S348th St at 1 st Ave S\Construction\Parametrix�Contract\09-139 Supplement 1 S 348-1stAve S Improvements CM.doc Exhibit A-2 Scope of Work City of Federal Way South 348th Street at 1st Avenue South Construction Administration/Engineering Services Amendment #1 January 2010 The City of Federal Way has requested that Parametrix revise the final plans, specifications and estimate for the South 348�' Street at lg Avenue South Project. The revisions are necessary to incorporate water main relocation plans into the contract documents as provided by the Lakehaven Utility District. Improvements designed by Lakehaven Utility District will include the removal and relocation of water mains, hydrants and meters as necessary to accommodate the City's planned intersection improvements. Additional Scope OF WORK Task 2— Design Revisions to Contract P/ans The following design revisions will be made to incorporate the waterline relocation designed by Lakehaven Utility District: • Intersection of 1 S ` and 348`": Move CB D-2 and D-3 South approximately 8' to allow for the construction of the new water main. The existing fire hydrant on the northwest corner will be removed and relocated to the northeast corner approximately 20' east to be adjacent to the driveway. • Specifications and Estimate: The bid list (proposal) for will be upda.ted to reflect new quantities of work based on the plan revisions described above. Technical specifications provided by the City for the water main work will be incorporated into the contract documents for the project and the opinion of probable cost (engineer's estimate) will be updated based on the new quantities and recent bid tabulations for similar projects. • Lakehaven Utility District Water Plans: Lakehaven Utility District will provide water plans for incorporation into the plan set. The following plans sheets are affected by the revisions and will be updated by Parametrix: • Demo Plans: Update to reflect removaUrelocation of fire hydrants and existing water main. • Storm Drainage Plans: Update/revise sheet to reflect revisions to CB D-2 and D-3. • Storm Drainage Profides: Update/revise sheet to reflect revisions to CB D-2 and D-3. K:\STREETS\PROJECTS\S348th St at 1st Ave S\Construction\Parametrix�Contract\09-139 Supplement 1 S 348-1 st Ave S Improvements CM.doc PARAMETRIX EXHIBIT E-2 Fortn 01-PD-40IRev.04/04 . � . . . , � �� .��"'k�� '� '.: `�`" _ '' �_, / � � \�: --- -0----- - _ ��m�m�� `'• ��' �-� -�� --� - .: ��m�m�� C�C�� =C��=�C�� _ �� s �� o��e �� o�� Task Summary 54,743 FUe Neme: 348th1atAveCABudget 20100106Amendl project pBN�eiy gyytem Page 1 of 1- SUMMARY Dete Printed: 4/9/2010 PARAMETRIX Fam 07-PD4dRav. MN9 City of Federal Way South 348th Street & lst Ave South Intersection Im rovements - CA Services LABOR Direct Snkry TaM� Description Task 7 .0 Itaviw Ca�trx! Plan� 2.1 UoOete Bltl Liat. Soecs and Estimets Pr°�ect I �1� I Proj. CooM.l Wortl ( I I I I I I I I ( I I I I I I Direct s' lary Marre9er Enpineer DeAa Wrightl Praceasing Grog 8. Jadc WrIpM � 2.3 Update Storm Shaet 2 4 _ _____...}..._.......g187 2.4 UoOete Storm Dreinaga Profilas 7 4 �r. � Flle Name: 318M7stNVeCAButlgat 20100106Amentll p� p�{yMy gy�� Pepa 1 ot 1- LABOR Date Pririted: 4/e/LO10 PARAMETRIX of Federal Wa South 348th Street & lst Ave South Intersection Im EXPENSES Fortn 07-PD-40/Rev. 04/04 ts - CA Services Subconsultants :. �0� � ��:� ` � �: �:�\ �:�`�� --- �� =�- -_� �� -� _= �- -� -- -- -- -_� __- -_� _�- -- -_ � --- -�- -�- Ffle Name: 348th1atAveCABudget 20100106Amendl Projed Delivery Sy�em Page 7 of 1- EXPENSES Date PriMed: 4/9/2010 RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: P(J� l 6`��-� 2. ORIGINATING STAFF PERSON: ��t �"G�'/�'-C� EXT: Z ZZ 3. DATE REQ. BY: J 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT HUMAN SERVICES CDBG REAL ESTATE DOCUMENT SECURITY DOCUMENT �E.G. BONDRELATEDDOCUMENTS) ORDINANCE RESOLUTION CONTRACT AMENDMENT (AG#): OTHER G� D�,��t 6 t�G �Z� z: Ll�� i` k<, v� f 5. PROJECT NAME: S 3 y g� S fr� f ea, sT /��sa S�L✓►�^sCc Ytr' o.1 �'H.,.o,y �,e��t �Lo.+af� e�Je�, e�., 6. NAME OF CONTRACTO] ADDRESS: D d SIGNATURE NAME: ra y. c TELEPHONE TITLE�r�'nc,�P� 7. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES �(I COMPENSATION �J INSURANCE REQUIREMENTS/CERTIFICATE ALL OTHER REFERENCED EXHIBITS fC� ROOF F AUTHORiTY TO SIGN REQUIRED LI EN,S ES PRIOR CONTRACT/AMENDMENTS ,�'JT�/ /-IC�r1S€ y'0 /0/ E'�l,j oo B�--�yrP. f��oq�st�-r� �rcEnl��; boo/3 3y9��P• `(�3°/l 8. TERM: COMMENCEMENTDATE: U� COMPLETION DATE: jZ�3/ Z c�-t D 9. TOTAL COMPENSATION ��3 L B 7 (INCLUDE EXPENSES AND SALES TAX IF.�t�rY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLE AND HOL RATES) REIMBURSABLEEXPENSE:�I�s ❑NO IFYES,MAXIMUMDOLLARAMOUNT: ZD/SfSG��tclv�s svlr-c�,a.s.,��,,.,� IS SALES TAX OWED YES '�NO IF YES, PAID BY: O CONTRACI'OR CTl'Y PURCHASING: PLEASE CHARGE TO: D(� ��'/�BO'' /3 3 qS 3c� 6S(' 10. CONTRACT REVIEW INITIAL DATE RE I D INITIAL DATE APPROVED f� PROJEC�fMANAGER ��►�a M� �+�A� S� cq �ti DIRECT i'� CAQ�/ 1 d o O RISK MANAGEMENT (IF APPLICABLE) F��LAW �J ��.c 11. CONTRACT SIGNATURE ROUTING ('ti,rcc, rv�t'�7� X L�9 SENT TO VENDOR/CQNTRACTOR DATE SENT: 0(� DATE REC i a y ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFI ATE, LICENSES, EXHIBITS �Iz`I LAW DEPARTMENT SIGNATORY (C1� ox D��CTOx) CITY CLERK �9 ASSIGNED AG# f$I SIGNED COPY RETURNED L-- dn� Tv.l INI L DATE SIGNED t-2`--0 AG# U 2, �I DATE SENT: O`� Ori�t �c�Q �.urc F:� e r i i �i�� l:�. Local Agency Standard Consultant Agreemen# ArchitecturaVEngineering Agreement Personal Services Agreement areement Number Federal Aid Number Agreement 7'ype (Choose one) Lump Sum Lump Sum Amount Cost Pius Fixed Fee Overhead Progress Payment Rate Ove�head Cost Method Actual Cost Actual Cost Not To Exceed Fixed Overhead Rate Fixed Fee 27,68�_00 Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cast Per Unit of Work Total Amoun# Authorized Management Reserve Fund Maximum Amount Payable 3? 3.070.00 3?3,070.00 Index of Exhibits {Check all that applyj: Exhibit A-1 Scope of� W'ork Exhibit A-2 Task Order Agreernent Exhibit B-i DBE Utilization Certification Exhibit C Electronic Exchan�e of Data Exhibit D- t Pa��ment Lump Sum E!chibit D-2 Pa�tnent Cost Pius Exhibit D-3 Payment Hourly Rate Exhibit D-4 Pa��ment Provisiona{ Exhibit E-1 Fee LumpiFired,�Unit Exhibit E-2 �ee Specific Rates Exhibit F Overhead Cost Exhibit G Subcontracted Work Exhibit G-t Subcoi;sultaot Fee THtS AGREEMENT, made and enteced into this t..� between the Locat Agenc� of Federal Way Exhibit G-3 Fee-Sub Specific Rates Exhibit G-3 Sub Overhead Cost Exhibit H Title V[ Assurances Eshibit i Paymeni Upon Termination of A�reement Exhibit 1 Alle�ed Consultant Design Error Procedures Exhibit K Consultant C(aim Procedures Exhibit L Liability Insurance [ncrease Erhibit M- la Consuttant Certitication Exhibit M-ib Agency Official Certification Exhibit M-2 Cettification Priman� Exhibit M-3 Lobbying Certification Exhibit M-4 Pricin� Data Certification App. 31 _910 Supplementa� Signature Page day of �'b�^�...�L�, �.._tQ.t"_�__. WashinUton, hereinafter ca!(ed the '`AGENCY" and the above or�anization hereinafter called the "CONSULT.ANT"_ Consul tanUAddress/Telephone ParametriY, Inc ParametriY, (nc_ P.O_ Box 460 Sumner, WA 98390 (2�3)863-�128 Project Title And Work Descnpiion South 348th Street at 1 st Acenue Soutii [ntersection [mprovements Proti•ide Construction Management for the impr�vemento£the intersection of Soutli 3-�Sth I Street and 1 st Avenue South DBE Participation Yes No Federal ID Number or Social Secunty Number l 89.1 I%i Do you require a 1099 for IRS? Completion Date Yes No December 31, 20 t 0 DOT Form i40-089 EF Page 1 of 8 Revised 3I20o8 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work far this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work T'he Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirement� All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Eachibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each fum and their certification number will be shown on E�►ibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY' S"DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic fil�es, prepared by the CONSULTANT prior to completion ar termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any wark under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in E�ibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensarion for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSiJLTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment T'he CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee; commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract, For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- ar part-time basis, ar other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incuned by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT' S failure to perform is without the CONSULTANT'S or iYs employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. 'This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to conect errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSiTLTANT and the AGENCY shall be referred for determination to the D'uector of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design enors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. T'he parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.l'he CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State af Washington, situated in the counry in which the AGENCY is located. Page 5 of 8 XIII Legal Relations 1'he CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. T'he CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (i) claims ar suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT' S negligence or the negligence of the CONSULTANT' S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSiJLTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSiJLTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. Tfie CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STAT'E. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. T'he 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. T'he CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, uniess modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days 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 fmal payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSLILTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consuitant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debannent, Suspension and Other Responsibility Matters Primary Covered Transactions, E�ibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Eachibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVill 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 an amendment to this AGREEMENT. XIX Execution and Acceptance T'his AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical Iegai effect. 'The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. CONSULTANT: PARAME INC. By Dan McReynolds Principle PO Box 460 Sumner, WA 98390 AGENCY: CITY OF FEDERAL WAY By v�l Bri Wi n Interim ty Manger 33325 8 Avenue S P.O. Box 9718 (253)863-5128 APPROVED AS TO FORM: �t''�� Patricia A. Richardson, City Attorney DOT Fortn 140-089 EF Revised 3/2008 Page 8 of 8 f�:C11=3��J SCOPE OF WORK City of Federal Way South 348th Street at 1st Avenue South Construction Administration/Engineering Services November 2009 This phase of work will provide construction inspection, administration, and engineering services for the construction contract to complete the improvements designed under this Project Title. These services will include necessary construction engineering, inspection, and contract administration required for the construction of the project, as detailed below. I. INTRODUCTION PARAMETRIX, the CA Contractor, will perform the following scope of construction services on the South 348th Street and 1 st Avenue South Intersection Improvements Project. AssumpNons Revisions to the contract plans, specifications, and estimate are based on incorporating the frontage improvements currently under construction by the Federal Way School District north of 348th Avenue on 1 st Avenue South and the City's request to revise the lighting source to LED. The accompanying budget for the construction administration services detailed below is based on the services of one full-time Chief Inspector during a 120-work'ing-day construction contract plus support from the CA Contractor's Sumner office. An increase or decrease in the number of working days affects the time an inspector will be on-site. Supplemental assistance may be needed depending upon contractar's activities (multiple crews, multiple shifts, overtime, night/weekend work). 11. DETAILED SCOPE OF WORK Task 1 Project Management Provide overall project management, coordination with the City of Federal Way, monthly progress reports, and invoicing. This effort will include the following elements: 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures, prepare invoice, and submit project progress report to City of Federal Way. City of Federal Way 999-2441-999 (04) Sauth 348th Street at Ist Avenue South 1 November 2009 Scope of Work Task 2— Design Revisions to Contract Plans The following design revisions will be made to incorporate the frontage improvements to 1 st Avenue South currently under construction by the Federal Way School District: West Side of Ist Avenue South: Widening of 1 st Avenue to the west for through lanes is no longer required. Therefore, the right turn lane that begins at approx. STA 54+85 will match the existing curb and gutter and widening north of STA 54+85 will be removed from the plans. Parametrix will determine where trenching for electrical conduit (lighting) can be located to minimize restoration requirements. Wall D and the reconstruction of the stairs to the Winco parking lot are no longer necessary and will be removed. East Side of lst Avenue South: Widening will be completed by the Federal Way School District north of STA 57+40. Therefare, all roadway widening will be removed from the plans accordingly. Illumination will be analyzed to determine if electrical work will be necessary on the east side of 1 st Avenue South. Channedization of IstAvenue South: The channelization of lst Avenue South north of 348th will be revised to a 5-lane section and will match with the channelization designed by OTAK for the Federal Way School District. Overlay of 1stAvenue South: The overlay limits will be extended to the north to a point just north of the Winco entrance to match with a current overlay project north of the project limits. Illumination Design: The illumination design will be revisited for the project to determine the impacts and spacing requirements for incorporating LED lights throughout the project. Specifications and Estimate: The bid list (proposal) will be updated to reflect new quantities of work based on the plan revisions described above. The technical specifications will be updated to reflect LED lighting and the opinion of probable cost (engineer's estimate) will be updated based on the new quantities and recent bid tabulations for similar projects. The following plans sheets are affected by the revisions and will be updated: G3 Site Plan: Update to reflect removal of Wall D. DTl Typical Sections: Update to reflect revisions to work on 1 st Avenue described above. DTS Stair Details: Remove sheet, no longer needed. DM4 Demolition and TESC Plan: Update/revise sheet to reflect revisions to work on 1 st Avenue as described above. CA4-CAS Curb Alignment: Revise sheets to reflect revisions to work on lst Avenue as described above. SD4 Storm Drainage: Remove structures on East side of 1 st Avenue South and revise CB H-1 accordingly. SDS Storm Drainage Prof.: Revise sheets accordingly to reflect revisions made to SD4. WL3 Retaining Wadls: Remove Wall D and stair reconstruction. CH4 Channelization and Signing: Revise channelization to 5 lanes based on OTAK plans dated 5/26/09 and extend limits to a point just north of the Winco entrance. Ciry of Federal Way 999-2441-999 (04) Sauth 348th Street at /st Rvenue South 2 November 2009 Scope of Work E1-E9 Electrical Plan: Revise/update plans based on illumination analysis for LED light sources. LS4 Landscape Plan: Revise sheets to reflect revisions to work on 1 st Avenue as described above. LS7 Irrigation Plan: Revise sheets to reflect revisions to work on 1 st Avenue as described above. Deliverables Final plans specifiations and estimate, one set of 11' 17 plans ready for printer and in electronic format, one set of contract and specificaions ready for printing and in electronic format, and final cost estimate for the project, based on the changes made per task 2. Task 3— Services during Advertisement and Award 3.1 Contract Documents and Advertisement The CA Contractor will prepare a reproducible set of contract documents including specifications and contract plans for delivery to prospective bidders. It is assumed that the City of Federal Way will reproduce plan sets for purchase by contractars at City Hall. The CA Contractor will also furnish an electronic version of the contract documents in PDF format or in a format as specified by the City. 3.2 Requests for Information and Bid Addenda The CA Contractor will respond to phone calls and emails from the City and/or contractors during the advertisement period. All communication will be documented and any responses will be documented for distribution by the City to each plan holder. If necessary, bid addenda will be prepared by the CA Contractor. Bid Addenda will include a bid addenda form as approved by the City and attachments that may include letters, reports, plans, or calculations as deemed appropriate. For budgeting purposes it has been assumed that two bid addenda will be necessary. Task 4 Preconstruction Services 4.1 T'he CA Contractor shall prepare an agenda, distribute notices of the conference, and conduct a preconstruction conference in the City of Federal Way's offices. The CA Contractor's project manager and chief inspector will attend the preconstruction conference and will prepare a written record of the meeting. The Contractor shall also distribute copies of the zninutes to all attendees and affected agencies, staff, etc. 4.2 Provide one set of preconstruction photographs and video tape of the existing conditions (see Section 3-9 below). Task 5— Construction Services Field 5.1 The CA Contractor will provide the services of one full-time Chief Inspector on the project site who will observe the technical conduct of the construction, including providing day-to-day contact with the Contractor and the City of Federal Way. The CA Contractor's personnel shall Ciry of Federal Way 999-2441-999 (04) South 348th Street at Ist Avenue South 3 Navember 2009 Scope of Work act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard Specifications. 5.2 The CA Contractor will prepare daily construction reports, detailing the contractor's operations performed for each day the Contractar is on-site; measure the quantities of materials installed, log equipment and staff used, and other items. 5.3 The CA Contractor will answer questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 5.4 The CA Contractor will prepare field records and documents to help ensure the project is administered in accordance with Federal, State, and/or funding agency requirements. 5.5 The CA Contractor will attend and actively participate in weekly on-site meetings and prepare and distribute meeting minutes. 5.6 The CA Contractor will prepare a punch list upon substantial completion of work, coordinate with the City of Federal Way and other affected agencies to perform a project inspection and develop a comprehensive "punch list" of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the CA Contractor. 5.7 The CA Contractor will coordinate and manage testing subcontractors for construction services. Provide materials testing services as required. Coordinate the work of the resident inspector(s) and testing laboratories in the observation and testing of materials used in the construction, document and evaluate results of testing, and address deficiencies. 5.8 The CA Contractor will receive, report, monitor, and assist in resolving any issues with adjacent property owners. 5.9 The CA Contractor will provide periodic photographs during the course of construction. Photographs will be labeled with date taken and subject matter. Task 6— Construction Services Office 6.1 Day-to-Day Project Management: Liaison with City of Federal Way on a regular basis to discuss project issues and status and management of subcontractors and General Contractor's staff. 6.2 Plan Interpretations and Change Orders: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Develop change orders and provide technical assistance to negotiate the change orders. 6.3 Record Drawings: Upon completion of the work, using available information supplied by the General Contractor(s}, on-site representative personnel, suppliers, and other sources. Contractor shall provide as-built information detailing final location of installed items based on the same pattern as conducted for initial design. The CA Contractor will review the submitted information, make necessary corrections, revise the original drawings and submit to the City an City of Federa! Way 999-244/-999 (04) South 348th Street at 1 st Avenue South 4 November 2009 Scope of Work original (Mylar) record drawing set and electronic in AutoCAD (Version 14 or later) compatible with the agreed-to design drawing format. 6.4 Monthly Pay Requests: Prepare monthly requests for payments, including all backup material and force account worksheets; review with City of Federal Way and General Contractor and approve, as permitted. 6.5 Review Submittals: Receive, log, and circulate for review and appropriate action, contractor shop drawings, catalog cuts, traffic control plans, erosion control plans, project schedule, material certifications, and other contractor submittals required by the specifications for compliance with the contract requirements. 6.6 Contract Clarifications: Provide supplemental drawings or details, if necessary, to clarify design intent. 6.7 Conformed Drawing Set: At the conclusion of the bidding process, prepare a conformed set of drawings and specifications incorporating all addenda, and make available for distribution. De/iverables Preconstruction Conference Minutes. Conformed drawing set. Daily Reports on a weekly basis or upon request. Test reports. Record Drawings One set original (Mylar), electronic file, one bond copy. Construction Photographs One set, including preconstruction, construction and postconstxuction photographs. Weekly meeting minutes. Certificate of Substantial Completion and punch list. Field change orders with backups. Requests for information with responses. Submittal responses and supporting material. Survey: Control point only provided to the Contractor. Assumptions 1. The budgeted hours for this work assume that construction will take approximately 120 working days. We assume another 20 days will be required of the chief inspector to complete documentation and punch list items for the City. Hours were calculated at 9 hours per day for one full time on-site inspector plus 10 percent. 2. Notice to Proceed with construction is anticipated to be issued in April 2010. Ciry of Federal Way 999-2441-999 (04) South 348th Street at 1 st Avenue South 5 November 2009 Scope of Work Construction survey work is to be provided by the General Contractor and paid under the appropriate bid item. Any surveying, checks, re-staking, and/or design changes outside the original design scope will be considered "additional services." 4. As-built surveys and redlining of the contract drawings and documents will be the responsibility of construction contractor and their information will be reviewed by the CA Contractor's Inspectors. Parametrix will modify the CADD drawings in accordance with the information provided by the construction contractor and reviewed by the Inspector. No additional time has been included if the project time period is extended for rain days or any other reason. 6. Testing services will be subcontracted to a certified lab and paid for on a time-and-materials basis. The budget for these services has been set at $25,000 and may be amended depending upon the service provider and actual work necessary to complete the project. 7. King County will coordinate throughout signal installation and will provide final signal inspection approvaL City of Federal Way 999-2441-999 (04J South 348th Street a! 1 st Avenue South 6 November 2009 Scope of Work EXHIBIT "C" Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (jpg), scanned or electronic documents (pdf, doc, xls, etc.}, Contractor baseline and progress schedules (if provided by the Contractor in mpp). Data is to be transferred by e-mail, CD, or FTP site(s). Agency OS is Windows XP Professional, Agency e-mail software is Microsoft Outlook 2007, Software Suite is MS Office 2003. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services far this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direcf salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary ofthe CONSiTLTANTS cost estimate and the overhead computation is shown in E�ibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dallar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. T'he AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY' S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person- hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CQNSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included far the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shalt not, however, be a bar to any claims that the AGENCY may have against the CONSIJLTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice 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. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. PARAMETRIX EXHIBIT E-1 it uf Federal Wa South 348th Street lst Ave South Intersection Improvements CA Services BUDGET SUMMARY Direct Salary Antidpated DSC DSC with Subtotal Labor Cost (DSC) Inflation Inflation +pyefi�d F� on DSC Amount Total Induding Fee Expenses Suboonsuftanis Task Totals Rates 1.0% 189% 309b TBSk N0. �SCfIpt10� y r3`z;� ��,'-�i� y; .a�,. t te� x Z y a ..r ..,,.�-y,.,.=,. F �a.�...,, Task 1.0 Project Management Organize and layout work, prepare projed instructions $1,388 1.0% $1,402 $2,652 $4,054 $421 $4,475 54,475 1.2 Prepare and submit monthly invoice $2,082 1.0°l0 $2,103 $3,978 $6,081 $631 $6,712 $90 56,802 Task 2.0 Revise Contract Plans 2.1 Update Bid List, Specs and Estimage $2,032 1.0% $2,053 $3,882 $5,935 $616 $6,551 $45 $6,596 2.2 Update General and Typ. Sections $130 1.0% $132 $249 $381 $40 $421 5421 2.3 Remove Sht DT5 $33 1.0% $33 $62 $95 $10 $105 a105 2.4 Update Demo Shts $261 1.0% $264 $498 $762 2.5 Update Curb Alignment Plans $261 1.0% $264 $498 $762 $79 $841 y841 2.6 Update SD4 Storm Drainage Plans $130 1.0% $132 $249 $381 2.7 Update Storm Drainage Profiles $65 1.0% $66 $125 $191 $20 $210 b210 2.8 Update Sht WL3 Retaining Wall Plan/Prof $65 1.0% $66 $125 $191 $20 $210 $210 2.9 Update Chan Signing Plans $397 1.0% $395 $748 $1,143 $119 $1,262 a1,262 2•1� Revise 111. Design For LED Lights $3,243 1.0% $3,275 $6,194 $9,470 $983 $10,452 $10,452 2.71 Update Electrical Plans $4,352 1.0% $4,396 $8,312 $12,708 $1,319 $14,027 ;14,027 2.12 Update Landscape and Irrigation Plans $130 1.0% $132 $249 $381 $40 $421 $421 Task 3.0 Services During Ad 8� Award 3.1 Contract Docs and Advertisement $579 1.0% $584 $1,105 $1,689 $175 $1,865 $405 $2,270 3.2 RFIs and Bid Addenda (2) $965 1.0% $975 $1,843 $2,818 $292 $3,110 $5 $3,115 1.0% task 4.0 Preconstruction Activities 4.1 Preconstruction Conference $819 1.0% $827 $1,564 $2,391 $248 $2,639 $2,639 4.2 Preconstruction Photos $366 1.0% $370 $699 $1,069 $111 $1,179 $1,179 1.0% Task 5.0 Services During Construction Field 5.1 Daily Inspection and Management (154 days) $50,665 1.0% $51,172 $96,771 $147,943 $15,352 $163,294 $2,200 $25,000 $190,494 Task 6A Construction Senrices Office 6.1 Day to Day Project Management $5,667 1.0% $5,718 $10,813 $16,530 $1,715 $18,245 $550 s18,795 6.2 Plans Interpretation and Change Orders $4,g74 1.0% $4,923 $9,309 $14,232 $1,477 $15,709 a15,709 6.3 Record Drawings $1,508 1.0% $1,523 $2,880 $4,403 $457 $4,860 $300 $5,160 6.4 Monthly Pay Requests $4,301 1.0% $4,344 $8,216 $12,560 $1,303 $13,863 $13,863 6.5 Review Submittals $3,643 1.0% $3,680 $6,959 $10,639 $1,104 $11,743 511,743 6.6 Contract Clar'rfications $2,917 1.0°/a $2,946 $5,571 $8,577 $884 $9,4p1 $9,401 6.7 Conformed Drawings $894 1.0% $903 $1,707 $2,610 $271 $2,880 #2,880 TOTAL $91,758 $92,676 $175,259 $267,934 $27,684 $294,475 $3,595 $25,000 $323,070 Project Delivery System Page 1 of 1- SUMAAARY Task Summary $11,276 a34,544 55,384 E3,819 $190,494 577,552 Fortn 01-PD-40/Rev. 04/04 Si natures Project Manager Date Division Manager Date Principal Date File Name: 348th 1st AVE CA Budget 11-3-09 JRM Date Printed: 11/3J2009 PARAMETRIX City of Federal Way South 348th Street lst Ave South Intersection Improvements CA Services LABOR Project Project Chief Senior Designer Mana er En ineer Ins Proj. Coord. Word g g pector Darla Wright Engineer processing �ad Greg S. Jack Wright Tom Fraser Bob F. Rubashka Direct Salary Rates $56.61 $32.62 $31.17 $30.16 $54.05 $24.00 $36.50 Task Description ��.�a Task 1.0 Project Management Organize and layout work, prepare project instruCtions 16 16 1.2 Prepare and submit monthly invoice 24 24 Task 2.0 Revise Contract Plans 2.1 Update Bid List, Specs and Estimage g �g g 2.2 Update General and Typ. Sections 4 2.3 Remove Sht DTS 1 2.4 Update Demo Shts g 2.5 Update Curb Alignment Plans 8 2.6 Update SD4 Storm Drainage Plans 4 2.7 Update Storm Drainage Profiles 2 2.8 Update Sht WL3 Retaining Wall Pian/Prof 2 2.9 Update Chan Signing Plans 12 2•�� Revise III. For LED Lights 2.11 Update Electrical Plans 2.12 Update Landscape and Irrigation Plans 4 Task 3.0 Services During Ad Award 3.1 Contrad Das and Advertisement �g 3.2 RFis and Bid Addenda (2) g �p q Task 4.0 Preconstruction Activities 4.1 Preconstruction Conference 8 4 8 4.2 Preconstruction Photos 4 8 Task 5.0 Services During Constructio� Fieid 5.1 Daily Inspection and Management (154 days) 80 16 1386 80 Task 6.0 Construction Services Office 6.1 Day to Day Project Management 100 6.2 Plans Interpretation and Change Orders 40 80 6.3 R�ord Drawings 4 24 16 6.4 Monthly Pay Requests 60 30 6.5 Review Submittals 20 40 40 6.6 Contract Clarifications 40 20 6.7 Conformed Drawings 20 8 TOTAL 408 273 1410 242 8 60 40 108 16 4 20 60 60 Fortn Ot 04/04 Direct Salary Cost $1,388 $2,082 $2,032 $130 $33 $261 $261 $130 $65 $65 $391 $3,243 $4,352 $130 $579 $965 $819 $366 $5,661 $4,874 $1,508 $4,301 $3,643 $2,917 $894 $91,758 Project Delivery System P 1 of t- LABOR File Name: 348th 1st AVE CA Budget 11-3-09 JRM Date Printed: 11/3l2009 PARAMETRIX Citv of Federal Wa South 348th Street lst Ave South Intersection I EXPENSES rovements CA Services Final Mylar Full Size Categorie Mileage Copies Expenses Plots Bond Rates 50.550 $0.09 $5.00 53.00 Phase-Task Description 4 r�� d x. r .s Task 1.0 Project Management Organize and layout work, prepare project instructions 1.2 Prepare and submit monthly invoice 1000 $90 Task 2.0 Revise Contract Plans 2.1 Update Bid List, Specs and Estimage 500 $45 2.2 Update General and Typ. Sections 2.3 Remove Sht DT5 2A 2.5 Update Curb Alignment Plans 2.6 2.7 Update Storm Drainage Profiles 2.8 Update Sht WL3 Retaining Wall Plan/Prof 2.9 Update Chan Signing Plans 2.1 Revise III. Design For LED Lights 2.11 Update Electrical Plans 2.12 Update Landscape and Irrigation Plans Task 3.0 Services 3.1 Contract Docs and Advertisement 2500 60 $405 3.2 RFIs and Bid Addenda (2) 50 $5 Task 4.0 Preconst 4.1 Preconstruction Conference 4.2 Preconstruction Photos Task 5.0 Services 5.1 Daily Inspection and Management (154 days) 4000 $2,200 Task 6.0 Construc 6.1 Day to Day Project Management 1000 $550 6.2 Plans Interpretation and Change Orders 6.3 Record Drawings 60 $300 6.4 Monthly Pay Requests 6.5 Review Submittals 6.6 Contract Ctar�ications 6.7 Conformed Drawings TOTAL 5,000 4,050 60 60 $3,595 Subconsultants �;:;�..a,. Form 01 04/04 File Name: 348th 1st AVE CA Budget 11-3-09 JRM Project Delivery System Page 1 of 1- EXPENSES Date Printed: 11/3/2009 EXHIBIT F t r C}c►u�las Mact�c�nald Secxetary af Tr�nspartaEion September 4, 200'7 Ms. Janice Walden Parametrix, Inc. I231 Fryer Avenue Sumner,l�VA 98390-1516 Re: Parametrix, Inc. 4verhead Schedule FYE December 29, 2006 Dear Ms. Walden: Transportation Huiiding 310 R1laple Park Avenue S.E. P.O. E3ox 4730Q C7lympia, WA S85Q4-7300 360-705-7004 7?Y: 1-840-833-63$8 www.wsdot.wa.gov On August 30, 2007, as a WSDOT representative, I reviewed your proposed 20�6 Overhead Schedule. I alsa cc�rnpl�ted a�i arialytical review ofthe schedule by cornparing it to the reviewed accepted 2005 overhead schedule, and reviewed data that WSDOT had collected in our perrnanent fi�es. The propos�d ovcrhead schedule provided by Parametrix had been prepared frozn financial statements tlaat were auditec� by Clark Nuber, CPA. The reviewed data for Parametrix included, but was not timited to, the schedule of the i�direct cost rate, a description of the company, basis of accounting and description of accounting system, basis of indireet costs, in addition to a review of the firm's internal control structure. Based on my review, I am issuing this letter of concurrence establishing the Parametrix overhead rate for 2046, at 189,11 °10 of direct labor. Costs billed to actual agreements will still be subject to audit of actual eosts. if you or any representative of Parametrix, Inc. have any questions, please contact me at 36Q-705-7046. Sincerely, ��l'�1�.j��.C.��., Martha S. Roach External Audit Nianager MR:ds Enclosures cc: Steve McKerney Mike Kane, MS 47323 Rick Griffith, MS 4'7323 Meg Blau, MS NB 82-112 Parametrix, lnc. Overhead December Z9, 2006 Estm FAIt; 2006 AdJusting s'.�1tetl4�a:':'y:,.>_: Ctassiffatioa 29•Aec Eatrlea �OD6::;: l Direct Labor Baae Overhead Expa�ses 2 Adminiatntivc Saluics 3 7reining Safsrics 4 Vacatian, Sicic L.csvc, Holidays S Bonwcs 6 Marftcting Sslarics 7 Advcrtising F,xpensc B MarkeGngExpcnx�s 9 ESOP Trust (Rctircmcnt PEan) f0. Payroll Taxes 11 ExtiseTaxcs 12 1s�surance t3 Medicallnsurance t4 Ofticc Rpu 15 Offix Expcmcs Supplica 16 SmtEApprctiation, Awards t7 PrinGng, CopicrlPrintcr Suppiics t8 Biilad in-houac Priating t9 Tcicphone 26 Hi11cd !n-twusc Tclephona 21 Dcpreciation 22 Goodwill 23 Husiffoss Mcalc 24 Auto Expcnsc z3 Bilicd In-houso Milcagc 2b OfJice Ttavc! 27 Subscriptions, Librery Ma�ccial 2B Ducs 29 Donstiora 30 Profcssionat Liccnses 3l Po�egc, Couricts, Frcigh! 32 Training/Educsti� 37 Field EquipmenMSupplics 34 Lab Egui�nnenU5upplies 35 Su�vcy EquiptnendSupplics 36 HoWth Safory EquipmcnUSupptica 3� Elcctrical EquipmcnUSupplica 38 Boat EquipmcnUSupplics 3Y Billed In-houx Eqvipmcnt 4U Officc Furaihrce 4� Ot tco Equipm¢M 42 ComputcrSupplic.slSofivarc 43 Silled In-housc Computcr Cha�es q4 Rccruiting Costs 45 I'ayroll, I.cgal Audit ab Tempaary Labor 47 Consvlting Scrviccs 46 Employce Rclocatiw� Costs 49 Sad Dcbts 59 Otlicc MovinglRemodcling Sl Parsonsi Proparty Taxcs 52 U6litics/Building Maintanancc 51 intcrest, Bank Chxgcs 54 Co� of Capital SS Capica(imd Ovcnc�ad 56 G&A Altoc fo Krci Architccturc 5'1 TMai Overhead Expensea SS Overhead Rate 518,641,771 (3161,226) A. 578,480,545 190.009G 8,659,077 {5100,949) A. 58,358,134 463176 40B,43T 408�437 23194 3,9G8,791 3,968,793 21.489i 1,503,485 (80,853) B. 1,424,632 7.7146 2,604.OS4 (137,t43) C. 2,46G,911 t3.3556 93,2aQ (93,200) D. Q O.U0g4 202.b69 (20,959) E. 161,711 0.98°h 1,850,000 1,850,000 I0.01'di Z,868,D3t 2,86B 15.52�6 $31,915 837,915 4•53'Yo 652,967 652,967 3.53°.6 5,435,451 3,455,451 16.70°iL 2,505,566 2,SOS,Sb6 f3.56As 383,251 (BI,20� F. 302,044 1.63°iL i51,Ti4 (117,470) G. .34,243 0.197L 241,275 241,2T5 1.31Y. {t58,G�8) (158,678) A.669i 3t9,480 319,080 1.77Y� (215) (275) O.WX 1,464,T47 (342,708) N. 1,122.039 6.07% 0 0 0.005G6 87,877 (87,8�'� 1. 0 O.OMiS 337,852 337,652 I.8]°k (�s2.aeo� (2sz,a9o� -�.s�^i. 323,6T3 (7,6i3) 1. 316,060 1.71% 91,916 91,916 0.50'h 84,77t (10,839) K. 73,932 0.40'h 39,605 (39,605) L. 0 0.009L 16,501 16,501 0.09Ye 82,567 82,567 0.45% 673,654 (41,330) M. 632,320 3.429L 39,3?4 30,374 O.Ib94 126,944 126,944 0.699L 39,�10 39,310 0.219k 12.160 12.164 OA7% t,osa s,oaa 0.019G 612 612 0.00'k (460,646) (460,846) -24956 57,42b 57,426 0.31'/. 360.444 360,4A4 i.95X 8H2,997 882.997 4.7644 (32,591) (32,591) A.18Ye 334,930 (945} O. 333,985 i.8fy. 268.980 (40,275) P. 228,705 1.249i ?7.413 77,4! 3 0.42°/. 414,079 414,079 2.24'/e IO,A34 10,434 O.O6Y. �T�.��a (rn,��a� Q. e o.00� l,827 1,827 0.01°� G4.280 69,2B0 0.3TX 264.368 264.368 1.43Ye 53,955 (47,004) R. 6,451 0.0456 0 236,36 F S. 23b,361 1.28% p T. 0 O.OMh (A9 705) (49,705) �0.2746 S3b,I34,935 (1,I92,385) 534,948,551 193.BT% 4.96Yo C�>189:11�:'/0 189.! IYe 2006 Parametrix, Inc. Eliininations and Adjustments A. B. C. D. E. F. G. l�i. I. J. I�. L_ M. P. Eliminate Overtime Premium Prom Direct (5 000) and Admin (7100U, 62001+) Eliminate Overtime Premium From Direct (51000) and Admin (71000, 62001+) PMX OT Paid (1.Sx) 252,169 Dir Sal 18,641,77! 6I% I61,226 Adminitraining/MlctSal 11,6T1,569 39% 100,943 30,313,339 100% 262,I69 Eliminate Auto Salaries (7130I) 80,853 Eliminate Retroactive (71307) �n�� 80,853 Btiminato Marketing Salaries {61003-b1008) b9,328 E[irninate Mazketing Salaries (AWARDS, CONF2006) 67,815 137,143 Eliminate Advertising Expense (61500XX} 93,20a Remove Unallowab[e Marketing Expenses (62100-b2508) 20,959 Non-allowable Office Supplies, Steft'Amenities 81,207 Non-a[lowable Special Hvenis (�41d522} 117,470 Adjustmcnt to Tax Deprcciation Book deprec (77000) Tax depreciation Reduction for Tax Remove Business Meais unallowable (81 t 00) Unallowable Qf�ice Travel (8610022) Unallowable Ducs (8140022, 8140t Lobbying, Tac Club Remove all Donation (8l 500, 8l 501) Unallowable Training, Conferenccs 8170022 In-House 8I71022 External Excess per diem, alcohol Remove Unallowable Recauiting Costs (8210022) Unallowabte Legal, Accounting {79000) Federal Tax Areparation Plan Accounring fees Total Unallowable Q. Eliminate Bad Debt (79700) 1,464,747 1,122.039 342,708 87,877 7,613 10,839 39,605 4,440 3b,890 4 t,33Q 945 23,157 17�118 40,275 177,774 2006 Parametrix, Inc. ElimInations and Adjustments R. Remove Interest, Penalties S. Cost of Ca{rital Calaulation Finance charges(89100) Interest Exp Debt (89I20) Interest Exp IAC (89,110) 'fotal Nonallow Interest/Fenaities Equip2easchold Improv, net deprec, 12/2005 Equip/Leasehold Improv, net deprec,l2/2006 Aversge Aversge Cost Capita12004 S.125% 5.75% 2)' Cost of Capital T. Capitali2ed �Overhead (allocated to accounts) Admin Sal 7]0001 I Vac/SictdHol 7140011 Medicai 72320! 1 http:/lwww.treasurydiroct.govlgovt/rates/tcinc�ir opdprmt2.htm 56% 25% 19% 8,354 Z6,433 I2,218 47,004 3,913,701 4,7$0,028 4,346,865 5.4375% 23G,361 42,367 18,914. 14 75,655 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Tack 5 7 FiPlcl TPCtinu DOT Form 140-089 EF Exhibit G Revised 6/05 EXHIBIT "G-1" Subcontract Work/Fee Determination Sub-Consultant is to be determined Scope of work is described in Task 5.7, Construction Services Field, coordination and management of testing subcontractors for construction services. Total Budget is $25,000 as shown in the Budget summary and Expenses sections of Exhibit E. Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: T'he CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, colar, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT' S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or direetives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. $anctions for Non-compliance: In the event of the CONSULTANT' S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work compieted. Cost Plus Fixed Fee Contracts A final payment.shall be made to the CONSiJLTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSLTLTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit 1 Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's 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 Highways and 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 pocuments 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 manger 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 H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary ofthe 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. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&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, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&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. H&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. Exhibit K Consuitant Claim Procedures The purpose of this e�ibit 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. Ifthe consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This e�ibit 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 ofthe claim to the Agency's project manager. The consultant's claim must outline the following: Summation of hours by classification for each firm that is included in the claim; Any correspondence that directed the consultant to perform the additional work; Timeframe of the additional work that was outside of the project scope; Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the ConsultanYs Claim for Additional Compensation After the consultant has completed step l, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable}, and FHWA (if applicable} agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3— Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultanYs claim, the project manager shall prepare a summary for the Director of Public Warks or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perForm the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional wark; Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4— Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which rnay include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5— Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6— Preparation of Supplement or New Agreement for the ConsultanY s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am Q� p�� L, M G Rev no e�,5 and duly authorized representative of the firm of Parametrix, Inc whose address is 31 Fruar Av�,v� u e. Su►r�ner WA `I 83 9D and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal a tl-t t�o�( Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/OS Exhibit M-1(b) Certification Of Agency O�cia{ I hereby certify that am the AG£NCY Officia! of the Local Agency of Federal W Washington, and that the consulting firm or its representative has not been required, directty 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 emptoy to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any.): I acknowledge that this certificate is to be avai(able to the Washington State Department of Transportation and the Federal Highway Administration, U.S_ Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civiL I Y D te Brian Wil Interim Manger 33325 Avenue S P.O. Box 9718 (253)863-5128 DOT Form t40-089 EF Exhibit M-1(b) Revised 6/OS Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local} with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 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): parametrix, Inc tl-��i-� (Date) President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): parametrix, Inc (Date) DOT Form 140-089 EF Exhibit M-3 Revised 6/OS Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of 3�Q� S`t" a�' I s A✓t S 2nterse..he�., Z•�wa� rew�e..�►'�'s are accurate, complete, and current as of 3—� This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Name Title Date of Execution*** Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 Pri nc.i va 1 Client#: 319834 PARAMINC ACORD CERTIFICATE OF LIABILITY INSURANCE �;�ZO� 0 9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble Prentice, a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 370 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, WA 98111 206 441-6300 INSURERS AFFORDING COVERAGE NAIC INSURED INSURERA: EI'T1pI0�/@r8 FI�@ I11SU�8flC@ COIYIpBfl�/ 20648 Parametrix, Inc. iNSUReR e: Employers Insurance of Wausau 27458 1002 15th St. SW, Suite 220 iNSUReR c: XL Specialty Insurance Company 37885 Auburn, WA 98001 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POIICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POIICY EXPIRATION LTR SR �E OF INSURANCE POUCY NUMBER D D A M D ��M� GENERALLU181LITY 7100215050002 11/01/09 71/01N0 EACHOCCURRENCE s1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S'I OOO OOO CLAIMS MADE OCCUR MED EXP (Any one person) S� O OOO X WA StOp G81� PERSONAL 8 ADV INJURY �00 000 GENERAL AGGREGATE SZ OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 3Y OOO OOO POLICY X E T X LOC A AUTOMOBILEUABILITY 7700215050002 11/01/09 17/01N0 �pMBINEDSINGLELIMIT a7 000 X ANY AUTO (Ea acadent) �OOO ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Perperaon) a X HIREDAUTOS BODILYINJURY X NON-OWNED AUTOS (Per axident) a PROPERTY DAMAGE a (Per accidenl) GARAGE LIABIUTY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN A S AUTO ONLY: qGG A pCCES3NMBREILA LIABILITY 7700215050002 11/01/09 ��0�� EACH OCCURRENCE a70 000 000 X OCCUR CLAIMS MADE EXC@SS Of AGGREGATE S� O OOO OOO General, Auto a DEDUCTIBLE F� E1T1pI0�/@�8 s RETENTION s None Liabili s B WORKERS COMPEN3ATION AND WCCZ9��T4ZZO�9 11/07/09 71/01/10 J� WC STATU- OTH- EMPLOYERS' LIABILITY StBt@S: AZ� CO� ID� E.L. EACH ACCIDENT $'I OOO OOO ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOED9 NM NY OR PA E.L. DISEASE EA EMPLOYEE OOO OOO If yes, describe under �J$L&H incl WA E.L. DISEASE POIICY LIMIT S� �0 SPECIAL PROVISIONS below orHeR professional DPR9682077 11/01/09 11/01/10 $1,000,000 per claim Liability Pollution Legal $1,000,000 annl aggr. Claims Made Liabili incl DESCRIPTION OF OPERATIONS LOCATIONS VEHICLE31 IXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS PMX Job No. 214-2441, Construction Management of the South, 348th Street at 1st Avenue South, Intersection Improvements, Federal Way, WA. City of Federal Way and the agency are Additional Insured as respects General Liability and Automobile Liability policies per attached (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IXPIRATION City of Federal Way OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NIAIL �n* DAYS WRITTEN 33325 8th Avenue South NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL P.O. BOX 97� IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON THE INSURER, RS A(iENTB OR Federal Way WA BSOGS-87�8 REPRESENTATNES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08)1 of 3 #S4129327/M4775773 PC2JA a ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001108) Z of 3 #54129327/M4115173 AMS 25.3 (2001/08) 3 of 3 #54129327/M4115173 �8� "Botiily 1111u�1" or "prupeRy datlidge" arisl�g �aut,o� ttie sol.e :negli�en�e. qf the:ro�nda� for its. own: acts or amissions Or those of it& employees or aryor�e else aeting on i�s k�etialf. H:osntever, this exGit�sion does not aPP�+ to: (a} 7he exeepba�i�s: coMai.n.ed in �utipar.agraphs 4. vr 6,; or (tij �uch td��iections;. adj�sttnenf�, tests: oC s�tvipng .�s: the �venii� hs� �gr.b�d� tv ma&e v� no�mally Wr�-. dertakes :to ma�C€� in: the usuaf course�:of::b�si�ess, i.ri c+onnection w�li.�ttie dishibuti±�n ar.sale. of tFie ptAdUcts, �9� AfiY .V�ndor, per5t�ii al o�aniza�on �the "p�c�du�ts-cos��pl�te�F �peTa�4ns ;tia�ai�!" #s exc�#ded �the� py the provisions of�the �over�ge� �orm� or by �pdofserne�it: b. This .ir�suranc,e :�oes not epply tea any :insured p��son or orgai�zation,: icom:whoxrr yot� have aoquirask .s�tcti produdS; or at�y'irl�ted.ie� I�It oe �r3�i�er, er.itering into; �cc:br��t�i!� �i'�o�I�Cni��:e� produt�s. 3.� A[�DiT1QNAL IN$URED -�ONTRAC3'; /�G.R�EMElrFFT dR �l�IA1T� :a, Section W�o Is .A� Ir�unad ls amerided to incl�de �as •ar� .additional in��d� anf+ Pers.o� fs) or�o!'8a��za- tion(s) v�th w+hom, you �r�ed.in wd�terl �c�htract, riVi�C}en a.�reer�ie�it or p�irt►It. t� p�CNiJde�lttsural�Ce setch �S aibrd�d under this Cbvera�e: Part but: only v� �espec� �01iaPaility in�ur�t"; "prop�r4y dame�e" or "pers�or�el and adver5s�ng.injur�' eaused, in whole or m.part;. by y�ur acis� ororruss�ona�ait Nie a�+ oc omis,-. �si�ans of thr,�e ecflng on jrour befialt: .i: .In #he .�rrnaitoe oi "your wor.k" ft►r tft� adtiit�on�1 �i�sur�d{s) .�f. t[�� tocation. �e�i�at�d: in �s c�itra�t;, agreem�nt or .psrmit, or �2: In t#�e mainteA�noe, ope�tion or use af equEpmeM lea�d to jrou :by such�perso�(s) or arganiza�on{�) �r .3: :In �ca�nnection:with pr�nis�s.ybu nv�n, reM; I�ease or o�cup�, .'��is inst�i�ance app��: on a prir�ary oT primar�r and non-c�ntribrrtory bas� if thaX is fequi[ed in writing: b� the reerirent or ermi# .cor�tra�t, a9: P b, Tha insuran�g provided .to #F�e additiona:l: i nsuted: hereu�: is :!i mitesi. T�is insuf�Ce:dtfes not �fy:: 1. :Urtless :(a} ttie writt9n ebhiract; a�r.�msnt or per�tlit is �wre&t�ly.ii� eff8t� or I�oltle� e��Ie tluriAg xhe.tetm of. this poNcy.; and (b} the cohtract pr a�reement: was exee:uted or perinit issr��.d prior tis #he "bc�diCy in jeiry"; "p.rapai�t�r:dar�- �age",;or "'p�ts�aE and aiiys�ising iriju�"; Z; :To� ar� �ersoa� air arganiza3�an inc�u�lec� as an insur�d under:fhe Ailc�onal I�surad Braad Form Ven- dors prcr��sTon of this enda��nerrt, 3. T� ar�jF.person of di►ganization iocfuded as an insut�sd by.an eridors�rrent rssued.tiy�us:�nd made patC:t�f �his'Coaerage Pa� 4. To arry persan or organir�tion rf the "'bocJ�l� ii��ur�"; "pa�Qperly darn�e", or�"{�rs�al anii a�iv�rti��tg ir+- jury" adse.s out of the :rsndaring of ar f�ilure to rende� any pFOfesstona! architecturat et�irree.ri�rg or sur= v�yir�g. sen►ices by or for you;i��udin�g (a�. �Tfie pteparihg,. approving; or faiing to prepar+� ar appcoue, maps,. shoP drawin�; q�iiiioi�s,. repo�; .surve�is, �fieki orders, change otdars: a� dratiui ngs� and sp. ecif c�ons;: ar Supeiviso�i; irtsped'ai�, aretitteeturai or erigirieering:ectivibes. To erty; (aj: Le�sor of e�quipmertt aiter th�:�equipnient �ase terminates .or ezpi�es; or� (�l E7wners nr c�ther i:r��eresfis �'orn �i+.Fic�m land �as.:been.lessetl;.or (c) Artanagers �sr lessors of:pre�ises. it The "occxiRence".takes placa attef you :eeese �a be:a:f��a�t:�rt that.premise�;; of 7F�e "�od' (n (.1: �{Y �i.roPeMyr �eri�age per�onal aird ad++��sing:. injury" anses out; of strc�cEural a{fetattotti$, new �onstruction or detni�liho� aperatlons: perf�sm�ied ki�i c�r ��taehalf bf the�ma�a��er �or lessor. Tv "�odiN�irijiiry� oF"p�b�eriydamage"o�aur�ieg.afitec: A!I �v�ork on:ttf� pnoj� �other than senrtt�., t�tsitttenanoe oF re�ira) to�b� i�e�for�l�bY:9r tlfl:beli��: Qf f�� dditi�al :insured at the sit� �ot th� covered operatio.ns has bae� compl�rCed; �r �:Pa�e�2:nf.8 hTddurles crSpy�lghted.�xaterial:of Insurance S�eivi�e��C�Bos, Inc: VCG�206;A7�09. Copy1(ght 2008,: (b). 'fihat pnrtioR df'"yoyr work`' ou# of which the inju.ry or damage arises I�as been put to its inkended us� kf� any persoh o; org��liza'�bn Eat'her tf�h anotYt�r corttt�Ctor or suls�ontra�dor engqqec# in �ierforrei= in o bons for a nnci I as' lt of the sa�te ro �Ct:. 9 P� P� p� 1�. P 1. c; Limi#s 4f Insurance applicable� tv _#he additionaf:insured are thoss s�eeified in tfte contract, agreement.or pe�mit or I�1 the ��elara�ons of thi� pv�c�;.whichever is Pess, a�d: fix the rnvst we witl :p�a.y: regarclless afthe numbsr o#: 4; Ensuketls; �I�irris mad� or�"suits" brou�Mt; 9: Persbr�s oi organiza�ori5 meking;claims or tirir�in�'`s�iits". Th�se: Limits� ot Irxsurance ar.e lnclu�ive� :of �:and �nvt I� �sldipa�r. t� t�ie �units� nf 1ns.uranc� showr� in tlie: Qeclerofions.. a��A� I�M�T P�R� 1�4c�1rt[ON a,: tJnder Se�ion: lil Lirnits of. In�u�ante;,the �Gen�t�l .��re�ste�.Umft;�pplies.separately to ea�h of your ".lacations" �v�rned by ar rehted :o.r leas�ci fo yatt. b: 13r1d�r'�e�tio.n �l Defi�itl6n�, the fi�Nmwing tle�'iriitl.�n� is added:. "i.oeati�n�! means pre�ri[ses irnofving t�:e s�me or connee#Ing lots, or p�:mises whos:� co�rFl�ctio�i is i� terrupted ahly by ��treet� ro,�dtnray,. wsterway�or:Rgh#-of.=waq �of �a railroad. 4, AC,IENATED PRfMt3£�� Pa�ragraph j..{2) �af 2..Exclasions a�f GOYERA(iE �1��—��.Di1.Y I�IJUR'Y aN�. t�R�P�Et'CY bAMJ4GE LIABlt: �IlY�is:delete�d and rgpiaeed witt� the following: P'rerrlisQS. you. �sell, give, away<or abandvn, �i �ie "propetty d�trmage" a[isas out af any ,pait.o# tfiose. p��r�►- ises and occurs ft'� hazatds. that we�'e kno'w� to �ot�� oc shouftl have::b�e�ii kttown tar .y.ou; at: the. time. the Pro�ertY wes trar�sfierred or'aband.oned, 5: BLA�IKET 1AfAIVER� OF �U8R4�OlTIC►N. Se�tlbr►lV —Transf�ro} Rights of Recovery Again.sfi� 4t�uat�:.�o C1s.Co�nd�on Is aittendecl to add the�#cillan�ng; 'We will waiue: a�y right of re�ovsry we. rnay bave against� any pe��n �F nr�ani�iop beceuse of paymetits� we make �or Injury or dar�ta�e ari�ing out ofi your ongoing� opei�ions �darie under�a writte�i�eontracY or �greement vwth that pe�son nr organizafion.�a�d i�ciude� .i�r "jlAUf. WUFIC iu� tF��: "pr�du�fis:�:amplete+d a�perafions hazarcd" This wa�v�f applies only to persons.or OCgan�ibns with wfiain you heve_� written.con�rsct, ex�t�ed:prlocto the �y iqjury" ar'�iroRert� darriage" t�a� tequires you tb waive yaur. rigE�ts of:recc�rer�:. 6� BOUIi.Y I�IJURY RED�F[NE!'�:- MEf�ETAL.ANICi�I�H Utttler Se�tion V Definitio ns; the defiiniGo� o� "bodily in�ury" is replec� by the: tallowing: "Bt�diy injuty" n�eans tiodi�y inju�t, sickr�ss, ar d'esea�e. sustained. by a.person, includi.r�g rrren�al araguis�t. o.r. �deatfi resulting: from eiry ot these at any tims�: X. €�ROADENED NA1fAED tN�URED Section:H: Wh� Ig:Ah�lnsurad is �mencf@d:toin�ludeasan insu�the�fiall�w+ng: Any. :�rgarazadan wh.i�h is� a; legally rc►c�orporated entity itt .wh)eh: y�u ovirn a fina�ial ir►te�est .o� �ore then 50 p�resnt pf:the vvtir�g.stock oh tf�e �tFectiv�: date o'F�t�15 �n�ors8tl�er►t:WiN. be a Nat�d�Insufed until the 180`" da�y or �e snd. of t�e poli� �riad; �rf�ichevar co�nes �rst, prou�ded �here 1s n� �her similar �nsucanoe avail- able:�a th�t �rqanization. Th8 ifisut'�n:ce.afPorcleti herein daes� n.ot,app[y �d �ny entil�►..yVtiit�t:is a�so a� in�recf:ut�er��notFleE.polic.yt:ar: w�ou(d be an. iEisur�� andec such pblicy but. for it� terrnin�tian o:r ttie exhaust+ior� sr� i�s,limits.�f insuranve. 8: �R�A�DENECI PROPERTY DAMA�.E BORR�ifKfED EQU�M�1�T, CUSTOMER.S' GOOQS:AlVG EL�i�AT4RS The ��surance for "prop�rtjt darn�ge" Bat�ilityr is.subject fip the;follawing: a. The�Dam�ge To Ptopel�jr excl�sion under:$�ctt4►n.l��av�rage s.is.a�tended as�ollovus: 1. The exClu�'ton #or. perrsc�nal properiy tn the care,. �custoiiy. tir oon�roE :of the. insur�d .doe� not :a{�ply ta "prop�rty damage" to equipmeitt. you borroint wk�ile .�f job. site aris�. Prc�vided it is �ot. bei�g wsed by anyo�te ta per#orm:ape:r.ad6ns at tlie �rne, i�� loss. {ICt� 2bli OT 09' fn�lud�a� copyi'i�hfed meterial_of liisuratic�e �SeiVlc.es.�Ofice, fnc: Page of 6. �PY� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a�VANTAGE F�R AUTOMOBILE This endorsement modifies insurance provided under the folkowing: BUSINESS AUTO COVERAGE FQRM The following schedule lists t1�e coverage extens�ons pro�ded by this endorsemeM. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 1a. 11. Additional Insured By Contract Airbag Discharge Auto Theft Reward Blanket Waivet of Subrogation Bodily Injury Redeflned Mental Anguish Broad Form Named Insured Communicatio�s Eq�pment Diminution in Value Dfi+e Other Car Executive Officers D�ies ln The EveM of Aocident, Claim, 5uit or Loss Emalovees As Insureds 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Towing —Any C overed Auto Employee Hired Autos FeHow Employee Exclusion Glass Repair Waiver of Deductible H+red Auto Physical Damage Coverage Lease Gap Co�erage Liability Caverage Supplementary Payments Newly Formed or Avquired Organizations Physica! Damage Transportation Expenses Rental Reimbursement Private Passenger Vehicles ADDITIONA� INSURED BY CONYRACT The Who Is An Insured provision under SECTION II LIABILITY COVERAGE is amended to include as an additional "insured" any pe�on or organization v+rith whom you agreed in a wrilten contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or o�ganization is an "insured" onky with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation ar use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreemen# has been executed ar the permit has bee� issued prio� to the "bodily injury" or "property damage"; b. To any person or organizetion included as an "insured" by endorsement or in the Qeclarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE I� you purchased physical damage coverage fo� a cor►ered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally dischatges without the vehicle being irnolved in an accider�t. No deductible applies to this additional coverage. Mowever, this coverage only applies iS the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We w�l pay up to a$2,000 reward in the eveni of a covered loss, for information leading to the arrest and con- viction of anyone stealing a co�ered "auto", A reward will not be paid to you, a family member, employee or any public official whike pertorming their duiy. 4. BLANKET WAIVER �F SUBROGATION The Transfer C1f Rights of Recovery Against Others To Us condition under SECTtON N— BUSINESS AUTO CONRIl10NS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any rigfit of recovery we may ha�e against any person or organizafion because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liabiliiy for such "bodily injury" or "properly damage" under an '�nsured contract", provided the contract is in writing and executed p�ior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED MENTAL ANGUISH The definition of "bodily injury" under SECTION V— DEFiNR10NS is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting ftom any of these at any time. VCA 201 a1 �9 Includes cop}rtigMed material of Insurance 5�vices Off�e, Inc. Paye 1 of 5 CoPYrk,�ht 2004, a:11t PARf11.�TRIX, INC. SIGNATURE A[TTHURITY RESOLUT'IQNS �dopte� Decamber 20, 2(106 WHEREAS: The management of Paramatrix, Inc. (tiie "Comp�ny") has recominended that t�e Company's signature autharity resolution be updated ta refleck new posirions, offices, aud dollar litnits, as well as to document the process by which the Company's Ghief Executive Officer delegates such authority; NOW, THE�EFORE, BE TT RES(}LVED: That the resolutions of the Baard reg�ard'urg signa#ure authority adopted as of February 26, 2003 are hereby resciu�ied, effective imme�iateiy; RES(7LVED FUR'IT3E1�: 'That in accordance with Article 1V, Section 3(a) of the Company's Amended and Restai�i Bylaws, the Company's officers (for so long as they remain ineumbent in such positions) are heraby authorized an behalf af the Company �o execute and deliver agreements of any dollar amount in the ordinary caurse af business, which agreements sha11 bind fhe Compauy; RES{)LVED FURTHER: Tha.t the Company's Chief Executive dfficer is hereby authorized to delegate, in writing, the authority to execute and deliver s.greements of any dollaz amount in the arditiary caurse of business at his or her discretion; and FIl*tALLY RES�LVED: That the written delegations made by the Campany's Chi�f Executive Officer sha11 be reviewed annually by the Qperations and Finance Committee. Mfnutes of December 20, 20D6 Maetbeg of Board of D�recrors Pa�e 3 e� Home :Re bistered Businesses Issued Permit Permit History Status Registered User Information: Re�istration for First Time Users Si_�n-On Log-Off Apply for a Permit Schedule/Cancel an Inspection Status of My Permits a��r Undate Personal Information Request Password Citizen Action Requests: Submit a Citizen Action Rec�uest Check Status of Citizen Action Request 90 101843 00 BL Address 1231 FRYAR AVE Annlication Date Information: PARAMETRIX INC Non-Resident Business Other Ci State Zi Parcel# SUMNER, WA 98390 Issue Date Ex iration Date Jan. 25, 2000 Dec. 31, 2009 Name Or�aniza EFF PEACOCK CEO EFF PEACOCK CEO ERESA WOOD ARAMETRIX INC Owner icy Contact (BL Address �lication Information: Information Descrip Business Opene� ber of Full-Time oyees in City ber of Part-Time ovees in Citv I.C. Code Information Value 15/1990 10 Engineering/Architectural Survey usiness Phone Number �2538635128 New Search you have questions or need additional information, please contact the City of Federal 'ay at (253) 835-2527. Office hours are from 8:00 am to 5:00 pm, Monday through d ALL CONTRACTS uN�n�rr�� Corporate Officers Only Jeff Peacock-CEO; Darlene Brown-VP/CFO; Diane Lenius-VP of Operations-Region I; Robin McManus-VP/CIO PROJECT RELATED TEAMING AGREEMENTS, CONFIDENTIALITY JBff P@BCOCk CEO Darlene Brown VP/CFO; Diane Lenius VP of Operetions I; Robin McManus VP/CIO; Mel Sears Oregon Operations; Howard Hillinger Intermountain Operations AGREEMENTS, AND NON- DISCLOSURE AGREEMENTS Project Offices .r�� ro y R F t -q' ��T� 3 �a a a e ALL CONTRACTS io 81,Oq�,{#@D P�� o Doug Camenisch Howard Hillinger Kathleen Cassou Mel Sears y, Bellevue Principal Boise Principal Denver Principal Lacey Principal Portland Principai George Fies (SR520) (3) ALL CONTRACTS To;S�,00U (i'�i9¢ John Taschek Bob Rosain Brian Bunker Richard Roche Steve Fuller (EPA) (3) Albuquerque Prinapal (Operations Manager) Bremerton Principal (Operadons Manager) Jeff Heilman (CRC) (3) Jim Parsons (SR520) (3) PMX STANDARD Division Manager. Mike 011ivan[(4) To 525fl,6p4 t� CONTRACTS ONLY (1) Cameron Teller Progrem Manager. Dwight Miller Mike Deiparine Blair Prigge Divi Tom A�tltin�s�. Division Managers: �Opera6ons Manager) (Sr. Consultant) Divisfon Alanager. DNisfon Alanagers:(Y) Program Managers: Bob Gensemer Divkfon Manager: Ken Fellows Jim Good v I(ate Ergel Brendon Ball Brian Bierwagen Austin Fisher Susan Graham 2 Phil Struck Divlsion Manager. Bob Murray Joan Lee John Pedic Jim Fletcher Dave Roberts Lindsay Yamane V� :s Brian Pippin �a (Sr. Engineer) r q ,�Q �p Q� �,;=w Key Notes: (1) If ANY changes are made to the terms and conditions of a Parametrix standard contract the contract becomes NONStandard, and must be signed by Principals (or Operations Managers where no Principal resides in that otfice) (2) All Contracts must have Tom deLaaYs initials prior to signature. (3) Authorized for SR520, EPA and CRC Task Orders only. (4) Mike 011ivanYs contract signing authority has been temporarily increased to $500k. (5) Conflict of Interest forms must be signed by a Regional Manager, Principal, Operations Manager or Program Manager. A Division Manager can be delegated the task by hislt�er Principal. Please consult the Division Manager to determine if he/she has been delegated this authority. NO ONE CAN SIGN A CONTRACT FOR WHICH THEY ALSO APPROVE INVOICES UNLESS NOTED OTHERWISE, THE SIGNATURE AUTHORITY IS LIMITED TO PROJECT ORIENTED AGREEMENTS. ALL CAPITAL EXPENDITURES, LEASE3, ETC. SHALL BE APPROVED BY FINANCE. Revised 10/13/09 cue.d r« s.n+m. s`o a r�orisro s�a,.o mm�aar oanrr.�m �LL: n�� coNrw►crs r�nuwM Corporate Officers Only Jeff Peacock-CEO; Darlene Brown-VP/CFO; Diane Lentus-VP of Operations-Reglon I; Robin McManus-VP/GIO PROJECT RELATED TEAMING ��a AGREEMENTS, CONFIDENTIALfTY Jeff peacock CEO; Darlene Brown VP/CFO; Diane Lenius VP of Operations 1; Robin McManus VP/CIO; Mel Sears Oregon Operations; Howard Hillinger Intermountain Operations AGREEMENTS, AND NON- �k� DISCLOSUREAGREEMENTS gz;a �d 5 Albuque�9Ua ;�11� a�, r #E e 5 a z�� z c H ALL CONTRACTS ��n� Peter Batd�ello Doug Camenisch Howard Hillinger Kathleen Cassou Mel Sears Bellevue Principal Boise Principal Derner Principal Lacey Principal Portland Principal r,; George Fies (SR520) (3) ALL CONTRACTS TAausMtl) �ohn Taschek Bob Rosain Brian Bunker Richard Roche Steve Fuller (EPA) (3) r Albuquerque Principal (Opera6ons Manager) Bremerton Principal (Operadons Manager) Jeff Heilman (CRC) (3) Jim Parsons (SR520) (3) 3 Mike 011ivant(4) PMX STANDARD �,��d Dlvision Manager: Cameron Teller Progrem Manager. CONTRACTS ONLY (1) pwight Miller �,s r, MikeDeiparine BlairPrigge (OperaGons Manager) (Sr. Consultant) Divisfon Man Division Managers:(2) Program A4anagers: Division Man ers: a9 Tom Atkins Division Managers: Bob Gensemer Division A/ana8er. Ken Fellows Jim Good 5- &ar�on Ball Brian Bierwagen Ausdn Fisher Susan Graham 2 v Kate Engel Phil SVuck Division Manager. Bob Murtay Joan Lee p John Pedic Jim Fletcher Py DaveRoberts LindsayYamane �Q Brian Pippin (Sr. Engineer) O� f'�' y 2 Q y r.,, .f ��a Y Key Notes. (1) If ANY changes are made to the terms and conditions of a Parametrix standard contract the contract becomes NON-Standard, and must be signed by Principals (or Operations Managers where no Principal resides in that office) (2) All Contracts must have Tom deLaaFs initials prior to signature. (3) Authorized for SR520, EPA and CRC Task Orders only. (4) Mike 011ivanYs conVact signing authority has been temporarily increased to ESOOk. (5) Conflict of Interest forms must be signed by a Regional Manager, Principal, Operations Manager or Progrem Manager. A Division Manager can be delegated the task by hisR�er Principal. Please consult the Division Manager to determine if he/she has been delegated this authority. NO ONE CAN SIGN A CONTRACT FOR WHICH THEY ALSO APPROVE INVOICES UNLESS NOTED OTHERWISE, THE SIGNATURE AUTHORITY IS LIMITED TO PROJECT ORIENTED AGREEMENTS. ALL CAPITAL EXPENDITURES, LEASES, ETC. SHALL BE APPROVED BY FINANCE. Revised 10/13/09 cmwn,« se�ce. sro a raHSTO sqiva.. amnay oanFr w. Enter Keywords Corporations Division Home Search Apostilles Domestic Partnerships Awards Program More Programs PRINT THIS PAGE Corporations Division Registration Data Search Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk. PARAMETRIX, INC. UBI Number 600135349 Category REG ProfiUNonprofit Profit Active/Inactive Adive State Of Incorporation WA Date of Incorporation 04l26/1974 Expiration Date 04/3012010 Dissolution Date Registered Agent Information Agent Name PTSGE CORP Address 925 FOURTH AVE STE 2900 City SEATTLE State WA ZIP 981041158 Special Address Information Address City State Zip Goveming Persons Title Name Address Vice President BROWN DARLENE AUBURN WA Vice President Vice President Vice President MCMANUS,ROBIN LENIUS DIANE PEACOCK,JEFF AUBURN,WA AUBURN,WA AUBURN,WA K Return to Search List