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AG 10-103RETURN TO: ���� � EXT: Z'� -- L CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORiGINATING DEPT/DIV: PUBLIC WORKS / S 1 f ee�"�� ORIGINATING STAFF PERSON: � f�a � �� o�� e r � EXT: Z 7 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 SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� � ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT (AG#�: �Q - (�3 ❑ INTERLOCAL ❑ OTHER Sa p O�e u-tP�� �� 5. PROJECT N 6. PGis�s��� �K NAME OF CONTRACTOR: �a �l`at wi � rr^ 1)C �,1--btC ADDRESS: /�l�f �°I � AU-P SC� S'F��,�Pa c.l�u� Ld//-� �I$��� E �J SIGNATURE NAME: �� a h a e+� I� 5 TELEPHONE: 2 53 �(�Z7- 07?.� F.�: TITLE: P� � u t � va � 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # /f71 $�-13 BL, EXP. 12/31/ UBI #�13S3�-I °� , EXP. t� l3p lL 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: �o �� OI �2, / Sdf`.f $7�c� � 9. TOTAL COMPENSATION: $ J� SD�o �"F I�� 3 7(� � � � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: `�YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 7 7� IS SALES TAX OWED: � YES �NO IF YES, $ PAID BY: ❑ CONTRACTOR o CTfY o PURCHASING: PLEASE CHARGE TO: 3� ���I `'�� ' l�� � S�.S� 3 �-� 3� lO. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER �DEPUTY DIRECTOR /�� a rwa v� `f�i DIRECTOR �Jlaa-I ���- �� .,.�. .......v,....a.a �iL' nnnr L+,dniy�L_ ra- rcn�.«i:r��— ,�I,AW DEPT ���� , -. 1 i �>:�� - /�� �/�iL iI'I�i -��� � 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ''�/ ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: %�� I Z ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT ���J� SIGNATORY (MAYOR G�`�12� ❑ CITY CLERK ❑ ASSIGNED AG # J�„SIGNED COPY RETURNED l�ETURN ONE ORIGINAL INITIAL / DATE SI NED �� ( AG# ',1 b3� DATE SENT: �+ �'�J' 'IZ INITIAL / DATE APPROVED COUNCILAPPROVAL DATE: DATE REC'D: � �1. � COMMENTS: EXECUTE "Z" ORIGINALS 11 /9 v� �tla P wc SUPPLEMENT NO. 3 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PRECONSTRUCTION SERVICES, CONSTRUCTION MANAGEMENT (CM) SERVICES, AND SERVICES DURING CONSTRUCTION (SDC) The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrix, Inc., executed on June 10"' 2010 identified as Agreement No. 10-103. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: I Section II, SCOPE OF WORK, and Exhibits "A", "A-1" and "A-2" of the Agreement, shali be amended to include those additional services more particularly described in Exhibit "A-3", attached hereto and incorporated by this reference ("Additional Services'�. II Section IV, TIME FOR BEGINNING AND COMPLEfION of the Agreement, shail be amended to extend the completion date to June 30, 2012. III Section V, PAYMENT, the maximum amount payable under this Supplement No. 3, inclusive of all fees and other costs is Eleven Thousand, Three Hundred Seventy and No/100 Doilars ($11,370.00) for a total amount payable to Contractor pursuant to the Agreement, Supplement No. 1 and Supplement No. 2, inclusive of all fees and other costs, to be an amount not to exceed One Million, Five Hundred Ninety Four Thousand, Eight Hundred Seventy Six and No/100 Dollars ($1,594,876.00). The attached Exhibit "E-3", which describes the payment for work to be performed under this Supplement No. 3, is hereby made a part of this Agreement. Signed this � day of �rl � , 2012. Parametrix, INC. By: �,Q_ Diane K. Lenius CITY OF FEDERA AY r � By: Ski riest Its: Principal 1019 39�' Ave. SE, Suite 100 Puyallup, WA 98374 (253)627-0720 Its: Mayor 33325 8"' Ave S Federal Way, WA 98003-6325 (253) 835-2401 APPROVED AS TO FORM: r�' Patricia A. Richardson, City Attorney K:\CONTRAC"I12010\10-103C PMX.doc ATTACHMENT A-3 SUPPLEMENT NO. 3 SCOPE OF WORK City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road Improvements Project Construction Management (Additional Review Services) Basis for this Contract Supplement PARAMETRIX will provide additional Construction Management (CM) Services as defined below. These services are intended to assist the Owner to administer the completion of the contract and assist the Owner in responding to events that occurred during construction. Period of Performance The contract period is extended to June 30, 2012. 1.0 PROJECT MANAGEMENT AND COORDINATION 1.1 General Project Management This task includes overall project management of PARAMETRIX's contract with the City of Federal Way including the following: • Progress Report/ Invodcing — Prepare one progress report and consultant invoice for distribution to the Owner. • Correspondence — Prepare written correspondence as needed to document project management issues and/or concerns. Assumptions: Following are the assumptions for this task: • Invoices will be prepared and submitted to the City on a monthly basis. Ciry of Federal Way 214-1441-81 !(0 //04) Pacific Kighway South KOV Lanes Phase IV l March 20l2 South 312th Street to Dash Point Road Improvements Project Scope of Work for Construction Management Services Supplement No. 3 2.0 Review of Force Account and Lakehaven Documentation PARAMETRIX will review Contractor-requests for payment on approximately (45) force account items for construction work completed before November 2011. PARAMETRIX will make recommendations and provide back up to the Owner regarding the acceptability of the Contractor's request. PARAMETRIX will address questions/concerns raised by Lakehaven Utility District about charges to Schedule B and force account work. PARAMETRIX will provide or identify backup where needed. For example, force account numbers or reference daily reports. In some cases, supplemental information may be needed like inspector recollections, in written form. De/iverables: • Force Account report of findings will be via memo format and or marked up force account sheets. • Response to Lakehaven questions will be in memo format. • Up to 1(One) copy of back up documentation to support findings. Assamptions: • Parametrix will attend up to two meetings with the City and the Contractor if required. • The contractor will provide the necessary documentation to support the request. 3.0 Review of Contractors over/under Compensation Request PARAMETRIX will review and comment on Contractor Over/Under requests submitted to the City of federal way. PARAMETRIX will make recommendations and provide and or identify back up to the Owner regarding the acceptability of the Contractor's request. Parametrix will utilize the Inspectors daily reports and tickets to make determination. The contractor will provide all necessary back up documentation to support the request. Deliverables: • Up to 1(One) copy of back up documentation to support findings. Assumptions: • Parametrix will attend up to two meetings with the City and the Contractor if required. Ciry of Federal Way 214-2441-821 (0l /04) Pacifrc Highway South HO v Lanes Phase !V 2 March 2012 South 3/2th Street to Dash Pornt Road lmprovements Project Scope of Work for Construction Management Services Supplement No. 3 PARAMETRIX of Federal W Pacific Highway South HOV Lanes P6ase IV, Construction Management Services BUDGET SUMMARY (For Additional Review Services) Dired Salary Coat �� SubtWal Lahor+ Fee on DSC Amou Tot� Indudirg ��� S�bco�aultaMS Task Totals (DSC) Ovdhead Fee Rates % Task No. Description _ ... . . ._. . _. .._ . __.._- ----._. _ _ _._._ ._... --- - --- _..---- ---- — -- --....— � ---� --..______- -----....._. _____ _____. Task�1.0 Project Managemem & Coordination .. _. __ _ _ . . _. ___ - -- - ___ _._ .___. _.. ._ — . — - --._.. .-- 1.1 � General Pro�ecl Mana�emenl �� ,_ 5637 $1 172 St 809 ,. $191 . $2 000 __ 52,000__ _ - - _ _ _ _ — - _ _- - _ Task 2,0 Review Force AccountlLakehaven Documeikatioo -__ . - . - _. .. _._- __ .._ _._ -- ...._— --- .... - - — --- __ 2.1 Force AccounVLUD Rewew 51,578 $2 904 _ _ $4482 _5473 ;$4 956 $44 __ . _. _ SS.000 ---_. ._.__ . _... . . . . . _ . . . . . .. . __ .. . 9 Y .... � �.. ... -- � 5277 . � . .. - $510 3787 $83 $870 5870 � 22 � Maetin s with Cit --- .__... __.... _._ __.. ___. __ .____ _.. . _-._._. ._ ._ __.__ .__.. -----.__ ...,._ __. .-- � � --- . . _.. --_. Task 3.0 Reviaw Ovar/Under Compensation request . . _.. .._._ ._._._. _ _ _.. .._ .. .. .-- .._____ _._ _ . _..___.._— .__--_..... . _...__ __.__. .. ...__.__. __- --- -- _. --- 3.1 Review OverlUnder Request (es needed ) _$1,104 52,032___ $3136_ ___5331_ $33 ...-- _ .._.__ .. _ _.. ... ..__ __. .. .. _.... _.._. ___._ _._._.. _ __ . _.. . ... .. . _. .__._ TOTAL $3,587 �6,618 $10,214 51,079 $17,293 $77 511,370 n,.,,,, . „� � c� ���ueov Form O7-PD-401Rev. 04/04 Signatures�� File Name: Copy W P�ase IV CM Budget 20120313 (2).xls 11afw PriniwA' 3/19/2012 PARAMETRIX Form 01-PD-40lRev.04/04 City of Federal Way Pacific Highway South HOV Lanes Phase IV, Construction Management Services LABOR (Additional Review Services) ProjecU Project Chief/Lead Projed Construction Engineer7 ConsVuction Controls Accounhant Direct Salary Manager Assistant Observer Tammy Cost Greg S. CM Tom Fraser Seymour Direct Salarv Rates $62.50 $38.03 $38.68 $27.91 $24.52 7 - - — - --- ---- -- 4 _ 21 -- - _____ $ - 8 $1,5 ------ __ __ _ . _ _ _ ---- _ _- --- _ _ -- -- 2 4 $ _ _------ - _ _ - --_--- __ ___ _-- ----- 4 16 4 - - 4 — _ _ _ _$1,1 16.505 40.92 12 16 4 $3,597 File Name: Copy of Phase N CM Budget 20120313 (2).xls Page 1 of 1- LABOR Date Printed: 3/19/2012 Task No. DescrfpUOn -- ---------- - - --- _ _ Task 1.0 P roject Management 8 Coordin ---- -- 1.1 Ge�eral Project Mana�ement_ — --- - ------- --- --- - - Task 2.0 Revie Force AccounULakehav D ocumentation ---- - — _ 2.1 Force AccounULUD Review _ _ _ ---- ____ _ ._ _ -- __ ._.__ --- 2.2 Meetings with City ------_--__--------..—_---- _____ Task 3.0 Review OverfUnder Compensation request ------------ ------------------ - ._._ __— 3.1 Review Over/Under Request (as needed) 7'OTAL Project Delivery System PARAMETRIX City of Federal Way Pacific Highway South HOV Lanes Phase IV, Construction Management Services EXPENSES (For Additional Review Services) Categorie Mileage Copies F�nal Mylar Full Size Mailing Ex�nses Pbts Bond (Letter-size) Rates $0.500 $0.09 $5.00 $3.00 $0.50 Task No. Description . ____ ___ . __._ _.__ ___ Task 1.0 Project Management 8 Coordinatlon _ __ _ _ 1.1 General Project Mana$ement __ _.. ___ __ __ __. _ _ . .. .- --- --- Task 2.0 Review Force AccounULakehaven Document8tion ___ _ _ __----- _ _ _.__ 2.1 Force AccounULUD Review 52 200 -- - _ _ . __ ._ _ _ _ _ -- — ---- ___ __—_ . 2.2 Meetings with City ---_ __ — —_ _ ___ __ _ _ _ __ -----. ____ Task 3.0 Revisw Over/Under Compensation request _ __ __ _ _ _ _ _ __ _ _ _ - 3.1 Review OverlUnder Request (as needed) 52 75 __ _ --_._. __ _ __ _ __ __ __ _---- - TOTAL 104 275 $77 Form 01 04/04 File Name: Copy of Phase IV CM Budget 20120313 (2).xis c...+eM ner,,,.�� c��.�.,,, Paae 1 of 1- EXPENSES Date Printed: 3/19/2012 Subconsultants RETURN TO: _ Il� � ��/"' EXT: �=�G' CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS / S'��`�C-'�S 2. ORIGINATING STAFF PERSON: '`� r l �t v� (� O�i G{'�� EXT: �c ? c� 3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� O PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� � ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT (AG#�: /Q � IO3 ❑ INTERLOCAL ❑ OTHER S¢4 P l� �C wl C�� � Z S. PROJECT NAME: 6. s� N�v ��� NAME OF ADDRESS: E-MAIL: SIGNATURE NAME: 17 [ a h� �P H r�.c s 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # - In l$` 3 BL, EXP. 12/31 / I( UBI #� (c �/.3 S 3`-lQ , EXP. �'/ / 30 /� 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 3/3 l J'� �/ Z, � �S 3� Sc�6 � —� 9. TOTAL COMPENSATION: $�� �3 7 g�l� �-f ,�t( S� � 13 �` �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES �NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES j�NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 3 �(o- � -� S S� S� � D' Co 3� 1 O. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER � Tnrre r. * *.r •�s-�.�- � DEPUTY DIItECTOR /�!� q fwa� DIRECTOR .r��-r__[_rc .. nnT Tr e nr �l �yL) l � � LAW DEPT � INI L/ DAT R VIEWED INITIAL / DATE APPROVED /� � �� � � y� r COUNCILAPPROVAL DATE: DATE REC'D: , ` I V 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � SENT TO VENDOR/CONTRACTOR DATE SENT: ATTACH: SIGNATURE AUTHORITY IN U NCE CERTIFICATE LICENSES EXHIBITS • ����' i iD s ED � �D LAW DEPT � � SIGNATORY (MAYOR OR DIRECTOR� ��( 2. �ASSIGNED AG # I ED COPY RETURNED �RETURN ONE ORIGINAL COMMENTS; �1 NITIAL ATE IGN AG# "' l � � DATE SENT: I ' � � I 11 /9 TITLE: P f �� GI Pat � SUPPLEMENT NO. 2 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PRECONSTRUCTION SERVICES, CONSTRUCTION MANAGEMENT (CM) SERVICES, AND � SERVICES DURING CONSTRUCTION (SDC) The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrlx, Inc., executed on ]une 10"' 2010 identified as Agreement No. 10-103. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Section II, SCOPE OF WORK, and Exhibits "A" and "A-1" of the Agreement, shall be amended to include those additional services more particularly described in Exhibit "A-2", attached hereto and incorporated by this reference ("Additional Services'�. II Section V, PAYMENT, the maxlmum amount payable under this Suppiement No. 2, inclusive of all fees and other costs is Forty Five Thousand, Six Hundred Thirteen and No/100 Dollars ($45,613.00) for a total amount payable to Contractor pursuant to the Agreement and Supplement No. 1, inclusive of all fees and other costs, to be an amount not to exceed One Million, Five Hundred Eighty Three Thousand, Five Hundred Six and No/100 Dollars ($1,583,506.00). The attached Exhibit "E-2", which describes the payment for work to be performed under this Supplement No. 2, is hereby made a part of this Agreement. Slgned this ��day of � �� , 20�� 1019 39"' Ave. SE, Suite 100 Puyallup, WA 98374 (253)627-0720 CITY OF FEDERAL WAY By: Skip Priest Its: Mayor 33325 8"' Ave S Federal Way, WA 98003-6325 (253)835-2401 APP VED AS TO FORM: Patricia A. Richardson, City Attomey K:iCONTRAC'I'12010\10.103B PMX.doc Its: Principal A-2 SUPPLEMENT NO. 2 SCOPE OF WORK City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road Improvements Project Preconstruction Services, Construction Management (CM) Services, and Services during Construction (SDC) As of December 9, 2011 Parametrix has spent all of the CM budget. The projection in August was reasonably accurate, however, the duration of the project is slightly longer than assumed and the hours of inspection required in the past couple of months has not scaled back as much as expected. The following was assumed when preparing this revised budget: Full Time Parametrix Observation and CM through December 23'�. Finish Record Drawings Finish Change Order 12 Finish Pay Estimate 18 � � Assist with Project Closeout/PunchlisUFinal Inspection Package project documentation for handoff to the City by December 31, 2011 E-2 City of Federal Way Pacific Highway South HOV Lanes Phase IV, Preconstruction Services, CM Services, and Services During Construction LABOR ProjecN ProJect Chief/Lead Conshuctfon ProJed Admin. Conetructlon Engineed Constructlon Observatlon CoMrols Aasletant D&ect &alary ManaQer Assislant Observer 6vertime Tammy Leuretha Cost (irep S. CM Tom Fraaer 1/2 time rete Seymour RWlin Dtrect Salery Rates $6250 y38.03 338.88 517.50 $27•91 518.71 Task No. DescdpUon Task 1.0 Project ManaQement � CoordlnsUon 7.1 C3eneral P'ecl Mana ement 8 4 4 $7 _..--------.. __.._._ _ _....__._ . _.._..___.. .. _.___----- -----._ ____ _ ...__ ..—_._..-- -. ._,.._.,_._..--- — --.___.__.. Tesk 2A Precanatrudlon Servicas 2.1 Proiect PaA�Ana _.__.. _...__.---._ _ __.__ _ ._._..._. _._.. .._._.__._._.. _._.__._ _.._. --..__-__.. __.— 2.2 Atland Ctty Sponaored Open House Task 9.0 Construetfon Maneyemenl SerWces 3.1 CM and Communicalion Work Plen 32 Document Management 15D 30 $4 7 3.9 Cnndud Preconshuctlon CoMerence 3.3.a Preconsiruction Pho�sNldeo 3.4 Conduct ProJect Sile Meetinpe Z 4 5/88 3.5 General CM Support pD 5781 3.5.1 Review Progresa Payments 24 12 51,248 3.5.2 FIeW Instruclio� and Orders _____ .__._ .._ __ _.._.. � _.._. �. . . _ _. _ —_ _--- _...._. .. _ __._..._. ._ _. .._.. . .___. .__ _ _____-. __ _ .._._._ __.---._ __.. 9.5.3 Corree ndence end Communketions 3.5.3a Publk Relatlons 9.5.5 Coordinate Issuance of Charpe Orders 9.5.6 Review of Contractor's Requested Cha�pes 3.5.7 Change Order Reports 2A 2 $86 3.5.6 Clalms and D�spules 8 2 3.5.8 Confractor's Schedule Submittal 3.5.10 ConUact�'c Schedule Updates 8.5.H EfFed a( Change Orders 3.6 Flnal InapectkN CloseouV Warranty g g 5814 Tesk4A ConetrucdonObservation 4.1 ConskucNon Observatbn 40 50' 53.455 42 Material Tesllnp and 3pecial Inspectlon 4.3 Techrdcal Fleld Inspeclion 4.4 Contructlon �servatbn Overtime 10 $17 Task 5.0 OHice Enginserinp Services 5.1 F�gfnearing Desipn Support 52 Sumbitlel Review aiat Coordinatbn 5.3 RequestsforinkrmaUai 5.4 Record Drawings 20 12 2 $1,281 70TAL 8 160 70 10 176 30 $14,6B1 Flle Name: Copy ot Phaes N CM Budpet 20111�Bm�cxls Project DeBvery Syatem Page t of 1- IABOR Dale PrlMed:12/12/2011 E-2 Signatures ��-� �,M.,,g.,-o.. .,�.�. Flewmk cqrya wrw N cN stlp�c�n��.s r�.aw�«ra� r.w� a i.su+�+m wrwarx+a+armn _ _ _. _ City of Federal Way • Paafic H'ighway Sonth HOV Lanes Phase IV, Preconstruction Servicxs, CM Services, and Services Durmg Construction ( BUDGET SUMMAKY RETURN TO: EXT: ���� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / S"'�� te,�5 2. ORIGINATING STAFF PERSON: �� �°�� �E V� ��S EXT: L' 7 Z.3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� O ORDINANCE ❑ RESOLUTION �CONTRA N D ❑ INTERLOCAL ❑ OTHER �IADD�/'iC�' W� CT �� , i �. , , nl _ •T"�l 5. PROJECT N 6. � �jzG tt�t7t{ -�O NAME OF CONTRACTOR: fGZ.Y'a w1e,Tri -1-N-G ADDRESS: IO t q "3�l f��c � E, Su c e �00 � Pc�u� �� a, �/�l �t 83 7�F E-MAIL: SIGNATURE NAME: D t GZ N e L e H �� S TELEPHONE: 2 S 3' 27�- �7 Z� FEvt: TITL Pf! K u pa 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE O ALL OTHER REFERENCED EX TS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICEN ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #�D � I�DIlS �� BL, EXP. 12/31/� UBI # �flQ � 3 J�� , Exr. �l 30 / la-- $. TERM: COMMENCEMENT DATE: COMPLETION DATE: 3/ ��l �'�- � - r, � 37 � 3 �. -� 9. TOTAL COMPENSATION: $�OS 3�I (, 272� �{ �t S� � INCLUDE EXPENSES AND SALES TAX, IF ANY� �IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: O YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES �IO IF YES, $�'I 3, � Z�� PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: 3 �"� ��E �U� —( S�^ S � -3D —� 3 S 1 O. DOCUMENT / CONTRACT REVIEW �ROJECT MANAGER d N A 0 ,�DEPUTYDIRECTOR Ntal`WrxH 3 I�DIRECTOR x ,a�� � .r . . ,..-.0 T .�„- . . n. cl �I n (J� �LAW DEPT // � lI . COUNCIL APPROVAL �IF APPLICABLE� . � ��� , i►!.�'�.�� '��.,�1►*�.711 � M �� . COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CO CT SIGNATURE ROUTING �+ f � I,' ENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: �`'r� ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, XHIBITS �11� L / DATE SIGNED LAW DEPT � G�� 1 �SIGNATORY (MAYOF'��R� f ���� CITY CLERK � �} ���I � � SSIGNED AG # ACi# ���� �IGNED COPY RETURNED DATE SENT: � �• I�J • I� �RETURN ONE ORIGINAL COMMENTS: EXECUTE " 2. " ORIGINALS 11/9 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PRECONSTRUCTION SERVICES, CONSTRUCTION MANAGEMENT (CM) SERVICES, AND SERVICES DURING CONSTRUCTION (SDC) The local agency of the City of Federal Way desires to supplement the agreement entered into with Parametrix, Inc., executed on ]une 10�' 2010 identified as Agreement No. 10-103. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as foilows: I Section II, SCOPE OF WORK, and Exhibit "A" of the Agreement, shail be amended to inciude those additionai services more particularly described in Exhibit"A-1", attached hereto and incorporated bythis reference (`�Additional Services`�. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the date for completion of the work to read: March 31, 2012. III Section V, PAYMENT, the maximum amount payable under this Supplement No. 1, inciusive of ali fees and other costs is Two Hundred Sixty Five Thousand, Three Hundred Ninety Eight and No/100 Dollars ($265,398.00) for a total amount payable to Contractor pursuant to the Agreement and Suppiement No. 1, inclusive of all fees and other costs, to be an amount not to exceed One Million, Five Hundred Thirty Seven Thausand, Eight Hundred Ninety three and No/100 Dollars ($1,537,893.00). The attached Exhibit "E-4", which describes the payment for work to be performed under this Supplement No. 1, is hereby made a part of this Agreement. Signed this � day ofS � V , 2011. Para By: Its: Principal 1019 39"' Ave. SE, Suite 100 Puyallup, WA 98374 (253)627-0720 CITY OF FEDERAL WAY r By: Skip Priest Its: Mayor 33325 8"' Ave S Federa) Way, WA 98003-6325 (253)835-2401 APPR D AS TO FORM: �� atricia A. Richardson, City Attarney K:\CONTRAC112010\10-103A PMX.doc A-1 SUPPLEMENT NO. 1 SCOPE OF WORK City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road Improvements Project Preconstruction Services, Construction Management (CM) Services, and Services during Construction (SDC) There have been some substantive differences from the original staff programming assumptions resulting from the Contractor's approach to the project thus far. • During Stage 1 construction, the Contractor had two separate crews for the joint utility trench, two separate crews for the water installation, and one crew for the storm system. The Stage 1 Construction was well above assumptions within the original scope of work. During this work period it was critical that the City have close oversight of the work to document the quality and quantity of the work. As a result, Parametrix was required to provide up to three additional inspectors and additional field office support for a period of approximately 6 months. • The Contractor has applied a similar approach for Stage 2 Construction on the west side of Pacific Highway requiring Parametrix to provide one additional inspector above the original scope. • The Project is anticipated to extend into mid-December which is approximately three weeks longer than originally planned. This will require an inspector, construction manager, and administrative support. The cost to complete the Construction Management services is based on the Contractor's approach. The estimated versus actual hours through July that the additional inspection staff and field office support staff required for monitoring the Work, and the longer duration of the Work equates to a projected increase of 2,800 Parametrix staffing hours from 9,487 to 12,287. Of the 2,800 additional Parametrix staffing hours required to complete the project, approximately 2000 hours can be attributed to additional inspection staff and 800 hours to administrative support staff. As a result, the following tasks within the original scope of work, dated April, 2010, require additional budget for the completion of the Project: 3.0 CONSTRUCTION MANAGEMENT SERVICES 3.2 Document Management 3.5 General CM Support 4.0 CONSTRUCTION OBSERVATION . 4.1 Construction Observation 5.0 OFFICE ENGINEERING SERVICES 5.2 Submittals CityafFederal Way 2(4-2441-82/ (Ol/04) Pacrfrc Higlnvay South HOV Lanes Phase IV 1 August 201! South 3/21h Street lo Dash Point Road /mprovemenfs Project Scope of Work for Preconstruction and Co�utrrtction Services St�pplemenl No. / PARAMETRIX PaciGc Highway South AOV Lanes Phase N, Preconstruction Services, CM Services, and Services During Construction BUDGET SUMMARY(Cost to Compiete) ��� � We�head � r FwmQSCMnunl To4lhdud4gFee Eapenses SuDmnwMrYs TadcTOte� - Rafss �..,�,; .:. , .. � . .��. s . -� - , ;;.... , _ � - LL� �*' `�.; .°::� g .: � � 2. ,,..._, �. . . . _.... � .: ..� . . -: - `- Task No. Oesc�iptlon Taek 7A ProJact NanapemaM S Coordinetlan t.t GanenlP arrent 899 .335 58234 5889.� S9.tU4 5741 45 Task2A Preeonshue nSsMees 21 Projecl PaMethg 22 Atle� Cip� Sponsorcd Open House Task �A ConslnxUon Ma�ngemenl Servkes 3.1 CM and Comnwnicalion Wak Plan 3.2 DocumentMlaregemeM i17.535 532.264 549,799 55,280.50 355.OB0 i848 555.7W 3.3 Ca�UPrewnsWetionCOMemnce 3.3.a Pmconshuclbn PhotosKWeo 53 fi1 3.4 CAnduetPr�etlSNeMeatinps 53218 55.921 �.9,139 5885.94 $10,104 5610 f10,816 3.5 Genere� CM SuppoA $9,474 317.431 SZ8,905 S2,&12.05 $29,747 5483 ;�0,230 3.5.1 Revlew Progresa Paymenh 5T.754 513.183 520.317 32.146.20 522.484 522./84 3.5.2 FbW §tsWetlons aM OrdNS 5793 57,459 52,252 5237.94 52.490 51�490 3.S.3COnespondeneeandCa�xnunteedons 52.148 53,953 56.107 5664.M 36,705 51.180 57.976 3.5.3a PuWicRdetlons �2 31,21@ 31,880 5198.60 52,0�9 S30 =2,108 3.5.5 Cootdinate luuanee ot CAsrye Oide�s S4fi8 5857 51.323 5139.71 51,462 51,482 3.5.6 Reviewof Conuaeta's Reque�ed Changes � 3793 51,458 32,252 E23794 52,490 =2A80 3.5.7 ChmpeOrderRepmts 5586 57,078 31,889 5�75.71 31,839 51,8�9 3.5.6 Claims and Dispules j586 $1,078 31,683 5175.71 $1,839 f1A39 3.5.8 ConUacto�s 3chedub 3ubmitfel 3.5.10 Contraelofs SGredule Update� � 3.5.11 EQeclotChangeOrders 3691 $1.272 51,960 S207A2 52,171 f;171 3.8 Flnd I�peeUaN CWSdouU Wartanry S1,8T1 53,443 35,375 556t.42 55,876 5405 =8,281 Tesk1A ConslruetfonObeervaUon 4.1 ConswefionOWervation 532,172 358.198 591�7 59657.48 5101.019 53,180 5104.798 42 Matetial TeaWp and Spxial lnspec�on 527 537,OW 537,027 4.3 Ted�nkal FieW Inspectlon S50 S60 4.4 ConUuetion Observadon OveAme f4.725 45.TB6 510,527 51.417.50 511.939 f71,9b9 Task 6.0 011ica Engf�reering 36Mees 5.7 Engtnexi�gDesipnSuPP� 5720 sY21 5341 536.W 5377 5777 5.2 Sum6tpifRe'/Iewa�Coord�natlon SB80 31,214 E7,8T4 S79&00 52,0T2 S9 52,081 5.3 ReqYestsfotMfom2don 5844 S1.7S7 52,881 S2B3.24 42,965 S9 {2,974 5.4 Record�OrewY�gs j7,844 33,393 35,237 555324 55,791 55�797 TOTALSlnN�dingAqydFaa 589.341 5761.489 3250,630 '�. iZ8.802����-' 3277,832 58.671 337,000 �,$�2�,�6 Fixed Fee on DSC to Date $ 104,397 Cost to date throu h Ju , 2011 $1,216,587 Total Fixed Fee for Pro'ect to Com lete $131 199 Total Pro'ect Estimate to Com lete $1,537 893 Current Contrect Fixed Fee $105,364 Less Current Contract $1,272,495 Additional Fixed Fee �.-:: � E25,83b Total Amendment Re uest ::.' #265,898 Fonno�-vo.artw.oua Signatures � f ,9 // PwJett Menager- ,�„/ 9 g t i 0'Nision r Q� \ ~ � � PAncfpal-Date F8e Name: Cupy of Phase N CM @udget Cost to Compleb &7S-11ads Project De6rerq Syslam Paqe 1 oT 1-SUMMARY Dab Printe� 8l18R017 PARAMETRIX City of Federal Way Pacific Highway South HOV Lanes Phase IV, Preconstruction Services, CM Services, and Services During Construction LABOR(Hours to Complete) Fam Ot-P6401Rev. 04/04 � ��' ;„. �. � � '' _, I ���■■■�■■■■■■� ,. .. . . -_ :,„ „ , ., „ � , „ , �������������������� �������������������� ��������o���������������� �������������������v �� ��� ����� ������� ��� ��� � ��������� ���� ��������������������������■ ����������������■������������ °. ..._ . �������������������� �������������������� ��������������� ���� �����������������s�� ,. �. a�������m������������� - ■������������������o�� �������������������� a '� ���i i �����i������■�ii=i�i� � _ . a������■��������������� � . . ._ a�������������������� � asm����o�■������������ a���■���■��������������� .:..: a�������������������� : : a���■�s�������������� a����■����������������� , . ,: ::.. a�m���■���������������� � ��■�����■�������������� , : _: _ ����������������������� � ,:. . '" ���e����������������� a■m������������������� ' ����������������������� , . , . . ���������������������� . ., : ,�. ��m�a��s�—����������� - ��������������������� �' ^ ���������������������� . . . ,: . . , , �o����■������������� :, ���������������������■� ��������0����������� :: : . : , .. as■����■�������������■� ���������������-���� a������o������������ :^'. , . ' ., am�e������������■■������ ����������������e����� �■��������■�■��������■����� �������■���������■������ ������■���■��■��■��������� ���������������������� ���������������������� . � 00000�� :,. ,. ��■���������� Fi� Neme: Copy ot Phase N CM Budgat C�t to Compbte 8-15-11 xis Frajec� OeWery Syslem page 2 of 3- LABOR Date Printed: 6I16/2011 � PARAMETRIX of Federal W Paci�c Highway South HOV Lanes Phase IV, Project DeWery System Preconstruction Services, CM Services, and Services EXPENSES(Cost to Complete) ���,��. F��� S�� �� Categories NGleage Copks pbb Bond (Leltar-size) Expenses Rates $0.500 E0.09 55.00 33.00 50.50 Task No. Description - Task 1.0 Project Management 8� Coord(natlon 1.1 General Pro ect M ement 2U0 350 78 5741 Task 2.0 Preconstructlon Services 2.1 Project Partnering 2.2 Attend City Sponsored Open House Task 3.0 Construcdo� Management Servtees 3.1 CM and Communication Work Plan 3.2 Dacument Menagement 750 3,000 5 5648 3.3 Conduct PreconsWc6on Conference 3.3.a PreconsducUon PhoM�deo 5 $3 3.4 Conducl Projec[ Site Meetings 750 1,500 $510 3.5 Generel CM Support 750 1,200 $483 3.5.7 Review Progress Payments 3.5.2 Fie1d Instructions and Orders 3.5.3 CorrespondanceandCommunications 2,000 2000 $1,780 3.5.3a PubNc Relatans 60 $30 3.5.5 Coorddinate Issuartce of Change Orders 3.5.6 Review oF Conhactor's Requested Changes 3.5.7 Change Order Reports 3.5.8 Claims and Disputes 3.5.9 ConUactors Schedule Submitlai 3.5.10 Contactors Sched�de Updates 3.5.11 Effect of Change Orders 3.6 Final InepecGoN Cbseoutl Warranty 90 2000 60 5405 Task 4.0 ConatrucNon Obaervallon 4.1 Construction Observation 6000 2000 33,780 4.2 Mateiial TesGng and Speciel inspection 300 $27 4.3 Technical Field InspecUon �pp $50 4.4 Contruction Observation Overtime Task S.0 Offlce Engineering Serolces 5.1 Engineering Design Support 5.2 Sumbittal Review and Coordination 100 $8 5.3 Requests for infoimation 100 S8 5.4 Record Drawings TOTAL 8,700 12,550 60 2,028 a6,874 Page 3 of 3- EXpENSES Construction S ubconsultants I �� ���� �� o -_--- ---_- --_-- --__- -_-_- -_-_- ---_- ---_- -_�_- _---_ -_-_- ---_- ----- ---_- ----- �_-_- -_-_- ---_- ----- -- ��� - i�� ___-� ---_- ----- -___- -_-_- -_-_- -_-_- ----- I -_--_' -_-_ _ __ i�� - ��� Fo� o,.ro�aRev. a+oa File Name: Copy of Phase N CM Budget Coat to Complete S-1S11.xis Dale Printed:8H612011 THIS ENDORSEMENT CHANGES THE POLICY. 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 & Use of Elevators 7. Extended Property Damage 8. Incidental Malpractice (Employed nurses, EMT's & paramedics) 9. Knowledge of Occurrence 10. �iberalization 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. Praduct Recall Expense - Each Occurrence Limit - Aggregate Limit 17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or Leakage Damage) 18. Supplementary Payments Increased Limits - Bail Bonds - Loss of Earnings 19. Unintentional Failure to Disclose 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 tncluded 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 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 wham 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 insu�ance, 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) "property damage", "personal injury" or at the location designated in the contract, "adve�tising injury". agreement or permit; or 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 � (2j To any person or organization mcluded as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or arganization 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", "prpperty 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 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 tessor. 2. Additional Insured - Broad Form Vendors Under Sectton 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 follawing additional exclusions: b. The insurance afforded the vendor does not apply fo: (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 exGusion does not apply 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 Ilt - 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-0f-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: (2j Premises you selt, 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. (2) Any express wa►ranty unauthorized by 5. Bodily Injury Redefined you; Under Section V- Definitions, definition 3. "bodily (3) Any physicat or chemical change in the injury" is replaced in its entirety with the following: product made intentionally by the vendor; Incfudes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Service Office, Inc. 1998 4�1-Ob�� t01/�3) Page 2 of 6 • Client#: 319834 PARAMINC ACORD CERTIFICATE OF LIABILITY INSURANCE D 10/29/20 0� 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 T CERTIFICATE HOLDER. IMPORTANT: If the cert�ficate 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, a USI Co. ac" o Ext : 206 441-6300 a No , 610-362-8518 P.O. BOX 37O E-MAIL Seattle, WA 98111 nooRess: cicertrequest@usi.biz 2�6 ��-630� CUSTOMER ID #: INSURED Parametrix, Inc. 1002 15th St. SW, Suite 220 Auburn, WA 98001-6502 INSURER(S) AFFORDING COVERAGE NAIC M iNSUReRa: Hanover Insurance Company 22292 �NSUReR s: Employers Insurance of Wausau 21458 iNSUReR c: XL Specialty Insurance Company 37885 iNSUReR o: Allmerica Financial Benefit 41840 INSURER E : 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. TYPE OF INSURANCE POLICY EFF POLICY EXP POLICY NUMBER MM/DD MMIDD/YYYY LIMITS A GENERALLIABILITY ZHF891561400 11/01/2010 11/01/2011 EACHOCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $� OOO,OOO CLAIMS-MADE � OCCUR MED EXP (Any one person) $� O,OOO X WA Stop Gap/EL PERSONAL&ADV INJURY S��OOO�OOO 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 p AUTOMOBILE LIABILITY AWF889472700 11/01/2010 11/01/2011 COMBINED SINGLE LIMIT X qNY AUTO (Ea acadent) a 1 000 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accideM) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ $ A X UMBRELLALIAB X occuR VHF891561600 11/01/2010 11/01/2011 EACHOCCURRENCE s10 000 000 EXCESS LIAB CLAIMS-MADE XS of General AGGREGATE $�� �00 000 DEDUCTIBLE Auto & Employers $ RETENTION None Liabilit $ B WORKERSCOMPENSATION WCCZ91447422010 11/01/2010 11/01/2011 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � N StBt@S: 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 USL&H onl E.L. DISEASE - POLICY LIMIT $� ���� 0�� DESCRIPTION OF OPERATIONS below C Professional Liab DPR9688709 11/01/2010 11/01/2011 $1,000,000 Per Claim Claims Made Pollution Le al Liab incl $1,000,000 Annual A DESCRIPTION OF OPERA770NS / LOCATIONS / VENICLES (Attach ACORD 107, Additional Remarks Schedule, ff more space ia required) 2142441-821 - Pacific Highway South HOV Lanes Phase IV. City of Federal Way is Additional Insured as respects General Liability per attached endorsement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue S P.O. Box 9718 AUTHORI�D REPRESENTATIVE Federal Way, WA 98063-9718 � � 198&2009 ACORD CORPORATION. Ail rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4967326/M4967262 CNMJU �TURrr To: ��� c�-1 � � 1 �/ /.� �2 j�;� -���1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS / S� � l.' E'�S 2. ORIGINATING STAFF PERSON: � � iG� V1 I�C1 �C �`"�� EXT: G� ?'� 3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONALSERVICEAGREEMENT ❑ GOODSAND SERVICEAGREEMENT � REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRe rT A�a�rrn�a��.rT ( 0 fTitl • � OTHER 5. PROJECT 6. NAME OF CONTRACTOR: ADDRESS: � E-MAIL: q s i Gtaw� ...1_ Lc-� � 1C � cs.t'� vr.� G�J I�TF�,3 TELEPHONE: Z r'S ;�_3- S I2 8 X SZ53 F�: � TITLE: �� � �� 5 4 �r' ( f ��� -�%% .� d ❑ INSU�E REQUIREMEN�/CERTIFICATE a ALL �Nil l�uC-�6 .. . lt .� � l K�^�'1 h I`'nQKCC «- 7. EXHIBITS AND �TACHMENTS:�SCOPE, WORK OR SERVICES ❑ COMPENSATION OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN CFW LICENSE # BL, EXP. 12/31/ S. TERM: COMNIENCEMENT DATE: ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS UBI # , EXP. / /_ COMPLETION DATE: �/ G" �I/ ZL�I Z, — Tr 9. TOTAL COMPENSATION: $ I� 7'�,, C { G I S� �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON AOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDA�Y RATES� REIMBURSABLE EXPENSE: �YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ �� �i �� "— IS SALES TAX OWED: ❑ YES �NO IF YES, � PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: .�j— � f S�"' S� S ZvQ — �v 3� 10. DOCUMENT / CONTRACT REVIEW �'PROJECT MANAGER �� �DEPUTY DIRECTOR NCdtr Wu o-1 '�DIRECTOR ��,{- � � � �f I C � LAw DEPT 11 . COUNCILAPPROVAL �IF APPLICABLE� • ���1' r � �d��� � 1 �'.� i5Li1 � � :��� � � - :�� • COMMITTEE APPROVAL DATE: 12 . CONTRACT SIGNATURE ROUTING r � `l� SENT TO VENDOR/CONTRACTOR DATE SENT: � O U I� �i ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � ZI� LAW DEPT � � � SIGNATOR �CM R DIRECTOR� ,�' CITY CLE � I / ,�C ASSIGNED AG # � SIGNED COPY RETURNED ,18(RETURN ONE ORIGINAL COMMENTS: EXECUTE "� " ORIGINALS INITIAL / DATE SIGNED r � � ��� � (1` � .a '�� � AG# 1U-' lo� DATE SENT: L4 � � ' � DATE REC'D: � . �� lG' ` �'�' - {1�1•� �"l���l� �� � � C�1�11�F/h�' .� � �,S�C'�V C�� �L�. ° , u�1/1 G`ll�S �I.-1 i`�-1� �'EGI.`�l� —� ' '��k 1Vl `L �'� �-�` �5 G�C.�- � {'I.FP� � til l �L h,�Z. �� ' 11/9 � ' �- INITIAL / DATE APPROVED COUNCILAPPROVAL DATE: C:\Documents and Settings\brianhr�Locai Settings\Temporary Internet Files\Content.0utlook\U07KCQ36\PW Routing Form.doc �- ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT �E.G BOND RELATED DOCUMENTS� ❑ RESOLUTION n T�rT�uT nrer Local Agency ConsultanUAddress/Telephone Parametrix. Inc. Standard Consultant 1231 Fryar Avenue Agreement P.O. Box 460 Sumner, WA 98390-1516 � Architectural/Engineering Agreement ❑ Personal Services Agreement (253) 863-5128 A reement Number Project Title And Work Description Federal Aid Number Pacific Highway South HOV Lanes Phase N STPUL 1013(004) Preconstruction Services, Construction Agreement Type (Choose one) Management (CM) Services, and Services during Construction (SDC) ❑ Lump Sum Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No % Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed � % 91-0914810 � Fixed Overhead Rate 184 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 105,364.00 ❑ Yes ❑ No February 29, 2012 ❑ Specific Rates Of Pay Total Amount Authorized $ 1,272,495.00 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 1,272,495.00 Index of Exhibits (Check all that apply): � Exhibit A Scope of Work ❑ E�ibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification � Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum � Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E Fee - Lump/Fixed/Unit ❑ EZChibit E-2 Fee - Specific Rates � E�ibit F Overhead Cost � Eathibit G Subcontracted Work � Exhibit G-1 Subconsultant Fee ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement ❑ Exhibit J Alleged Consultant Design Error Procedures � Exhibit K Consultant Claim Procedures � ❑ Exhibit L Liability Insurance Increase � Exhibit M-la Consultant Certification � Exhibit M-lb Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certification � Exhibit M-4 Pricing Data Certification � App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this ��� day of �(,L���.�� ,�L'' �� , between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form �ao-o89 EF Page 1 of 8 Revised 3l2008 � WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staffto meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Wark and projected level of effort required far this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY ar by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in E�ibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and far 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 Eachibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Eachibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a priar 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 39.76A11. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Warkmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 � third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional ar technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of E�ibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached E�chibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereta 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 fmal payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT' S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, pariner 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 wark of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY fmd 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 far as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be fmal and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Warks or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes conceming claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. 'The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accardance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, offcers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and properiy 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. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective 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, unless 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 accardingly. C. T'he CONSULTANT must submit any "request for equitable adjustmenY', 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 CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Departrnent of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as E�ibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and E�chibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and E�ibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement T'his 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 This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. 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. � B By �J� C� , c�►�E (��l°� w�J Consu�tant Para m e,�r ��X �n c Agency City of Federal Way DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 ATTACHMENT A SCOPE OF WORK City of Federal Way Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road Improvements Project Preconstruction Services, Construction Management (CM) Services, and Services during Construction (SDC) GENERAL PARAMETRIX, INC. (PARAMETRIX) will provide Preconstruction Services, Construction Management (CM) Services, and Services during Construction (SDC) as defined below. These services are intended to assist the Owner to administer the contract for construction, monitor the performance of the Construction Contractor ("Contractor"), verify that the Contractor's work is in substantial compliance with the contract documents, and assist the Owner in responding to events that occur during the construction. These services are based upon the understanding that the Owner will contract directly with the Contractor for the construction project work and with the Engineer of Record (EOR) for construction engineering support during construction. The Owner will be involved in the construction process to make decisions, provide approvals, and perform other actions as needed for completion of the construction. These services are also based upon the Owner executing a contract for construction with the Contractor and a contract for construction engineering support with the EOR that is consistent with the PARAMETRIX Agreement and with these services, and which provides the requisite authority for PARAMETRIX to fulfill its responsibilities. Period of Performance The services under this scope of services will commence upon the receipt of a Notice to Proceed, which will be issued on approximately June 1, 2010. The period of performance will extend from the Notice to Proceed date through February 29, 2012. PARAMETRIX's ability to meet this schedule is contingent upon the Contractor's activities. Services performed after February 29, 2012 will be considered Additional Services and will require written authorization from the Owner. PARAMETRIX's services are also based upon the schedule or duration of construction of 340 working days anticipated at the time that these services are agreed upon. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these services and PARAMETRIX's compensation for the services, and will require an adjustment to PARAMETRIX's compensation. PARAMETRIX will not perform services beyond the agreed to contract amount without written authorization from the Owner. The level of effort to perform the work described is based on a standard 5-day work week and standard 8-hour workday. CityofFederal Way 214-2441-821 (01/04) Pacific Highway South HOV Lanes Phase IV 1 Apri12010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services 1.0 PROJECT MANAGEMENT AND COORDINATION 1.1 General Project Management This task includes overall project management of PARAMETRIX's contract with the City of Federal Way including the following: • Project Planning — Document and communicate the scope of work, budget, and schedule as a road map for the project team. Coordination of project team and issues throughout the project. • Budget and Schedule Tracking — Track the project budget using PARAMETRIX's in-house tools to verify that progress is keeping pace with spending. • Monthly Progress Reports — Prepare monthly progress reports for distribution to the Owner. Prepare a monthly invoice for services performed by PARAMETRIX and its subconsultants. • Correspondence — Prepare written correspondence as needed to document project management issues and/or concerns. • Quality Assurance/Qualiry Control — Perform independent quality assurance/quality control review of key deliverables by senior staff. Assumptions: Following are the assumptions for this task: • The presence or duties of PARAMETRIX's personnel at a construction site, whether as onsite representatives or otherwise, do not make PARAMETRIX or PARAMETRIX's personnel in any way responsible for those duties that belong to the Owner and/or the Contractors or other entities, and do not relieve the Contractors or any other entities of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. • As the Construction Manager on this project, PARAMETRIX's project authority shall be prescribed in Section 1-05.2 of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction 2008. PARAMETRIX has no authority to exercise any control over others' health and safety but will notify affected personnel of any site conditions posing an imminent danger to them which PARAMETRIX observes. • The presence of PARAMETRIX's personnel at a construction site is for the purpose of providing to the Owner a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept, as reflected in the construction documents, has been implemented and preserved by the Contractor(s). • The Owner agrees to include in all construction contracts any provisions providing Contractor indemnification of Owner for Contractor's negligence as equal indemnification of PARAMETRIX and PARAMETRIX personnel. • The Owner shall require Contractor(s) to name Owner and PARAMETRIX as additional insureds on the Contractor's general liability insurance policy. CityofFederal Way 214-2441-821 (01/04) Pacific Highway South HOV Lanes Phase IV 2 Apri12010 South 312th Street to Dash Point Road lmprovements Project Scope of Work for Preconstruction and Construction Services 2.0 PRECONSTRUCTION SERVICES DURING BID AND AWARD OF THE CONTRACT FOR CONSTRUCTION 2.1 Project Partnering At the Owner's discretion, PARAMETRIX will be asked to provide a third party facilitator and attend a project partnering session. This scope element will only be activated upon written request by the Owner. Services will be provided by EnviroIssues, Inc., as referenced in the attached proposal dated April 14, 2010. 2.2 Attend City Sponsored Open House PARAMETRIX will attend and participate in one Owner organized public open house. The PARAMETRIX staff identified to attend will be the Construction Manager, the Lead Construction Observer, and an administrative assistant. It is assumed that PARAMETRIX staff in attendance will only need to be prepared to present and or answer questions related to our role as the construction manager on the project. 3.0 CONSTRUCTION MANAGEMENT SERVICES 3.1 Construction Management and Communication Work Plan PARAMETRIX will develop a Construction Management (CM) and Communication work plan that describes and documents an organized, effective, and disciplined approach to the execution of the CM services and maintaining an ahnosphere of 360 degree communication. This work plan shall provide an understanding of and directions for CM performance, project roles and responsibilities, and the processes and tools to be used in delivering the scope of services. Within this plan, PARAMETRIX will also develop a communication plan/process that addresses the necessary communication between all the stakeholders of the project. 3.2 Document Management PARAMETRIX will establish and implement a system and set of procedures for managing, tracking, and storing all relevant documents between the Contractor, PARAMETRIX, and Owner produced during the construction and closeout phases of the project that are in compliance with the requirements set forth in the WSDOT Local Agency Guidelines. PARAMETRIX will, in coordination with the Owner, maintain one set of hard copy records, suitably organized, of all relevant documentation that will be turned over to the Owner at the completion and final closeout of the project. PARAMETRIX will forward one set of certified payrolls to the Owner, which will review them for wage rate compliance. PARAMETRIX and the Owner will agree on which certain documentation will be provided to the Owner during the course of construction. PARAMETRIX will also implement procedures for the logging and tracking of all relevant correspondence and documents. PARAMETRIX will assist the Owner in monitoring all outstanding decisions, approvals, or responses required from the Owner. City of Federal Way 214-2441-821 (01/04) Pacific Highway South HOV Lanes Phase IV 3 Apri12010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services 3.3 Conduct Pre-Construction Conference PARAMETRIX shall coordinate and attend one pre-construction conference with the Contractor to review the project communication, coordination, and other procedures; as well as discuss the Contractor's general work plan and requirements for the project. PARAMETRIX will take minutes or otherwise record the results of this conference and generate the required meeting summary. PARAMETRIX shall take preconstruction photos and videos showing the pre-existing condition of all landscaping, business signs, parking lot pavements, parking stall striping, and buildings within or adjacent to all right of entry areas. A copy of the preconstruction photos and video shall be provided to Owner at the beginning of the project. 3.4 Conduct Project Site Meetings PARAMETRIX will conduct weekly meetings with the Contractor and will prepare the minutes/summary of these meetings. PARAMETRIX will meet separately with the Owner weekly, prior to the weekly Contractor meeting, to provide a project status update. 3.5 General CM Support PARAMETRIX will provide services to assist in coordinating the site activities, administering the contract for construction, monitoring the Contractor's performance, responding to design and technical submittals, and closing out the contract for construction. The services described below are included as part of this task. 3.5.1 Progress Payments PARAMETRIX will receive and review the Contractor's requests for payment. PARAMETRIX will determine whether the amount requested reflects the progress of the Contractor's wark and is in accordance with the contract for construction. PARAMETRIX shall provide recommendations to the Owner as to the acceptability of the requests. PARAMETRIX will advise the Owner as to the status of the total amounts requested, paid, and remaining to be paid under the terms of the contract for construction. Assumes 18 requests for payment. 3.5.2 Field Instructions and Orders PARAMETRIX will issue field instructions, orders, or similar documents during construction as provided in the contract for construction. Assumes an average of one field instruction per week. 3.5.3 Correspondence and Communications PARAMETRIX will implement and maintain regular communications with the Contractor and EOR during the construction. PARAMETRIX will receive and log all communications from the Contractor and the EOR and will coordinate the communications between the Owner, Contractor, and EOR. PARAMETRIX will not communicate directly with the Contractor's subcontractors. PARAMETRIX will prepare written communications to the Contractor and provide recommendations to the Owner for written communications between the Owner and Contractor. PARAMETRIX will publish the weekly newsletter CityofFederal Way 214-2441-821 (O]/04) Pacific Highway South HOV Lanes Phase IV 4 Apri12010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services in collaboration with the Contractor and the Owner for distribution to business/property owners and the motoring public. Newsletters will be mailed and/or emailed to respective businesses and property owners based on the preferences of the receiver (see Subtask 3.53a below). PARAMETRIX will provide a hot line, a single point of contact for business/property owners, and the general public, to submit questions or complaints. PARAMETRIX will disseminate comments to appropriate stake holders. All instances of immediate project level resolution will be documented and forwarded to the Owner. It is understood that the Owner and the EOR will not communicate directly with the Contractor or any of its subcontractors without first coordinating with Parametrix. 3.5.3a Public Relations PARAMETRIX will walk the project pre-construction to introduce business owners to themselves, and the Contractor, inform business owners of upcoming construction impacts, collect information for newsletter distribution (addresses, email, etc) and provide the project hot line phone number. PARAMETRIX will actively coordinate with all utilities and the Owner to ensure that all planned service interruptions minimize the financial and safety impacts to affected businesses, and minimize inconvenience to affected residences. 3.5.4 Minor Variations in the Work PARAMETRIX may authorize minor variations in the work which do not involve an adjustment in the Contractor's contract price, nor time for construction, and are not inconsistent with the intent of the contract documents. 3.5.5 Coordinate Issuance of Changes PARAMETRIX will receive and review the Contractor's response to the request for change and will obtain such further information as is necessary to evaluate the basis for the Contractor's proposal. PARAMETRIX will assist the Owner with negotiations of the proposal and, upon approval by the Owner, prepare final change order documents for execution by the Owner and Contractor. Up to 10 Owner- initiated change orders are anticipated. Design and engineering services for PARAMETRIX to prepare drawings and specifications for issuance to the Contractor as part of Owner-initiated changes shall be considered as Additional Services, entitling PARAMETRIX to additional compensation. 3.5.6 Review of Contractor's Requested Changes PARAMETRIX shall review all Contractor-requested changes to the contract for construction. PARAMETRIX will make recommendations to the Owner regarding the acceptability of the Contractor's request and, upon approval of the Owner, assist the Owner in negotiations of the requested change. Upon agreement and approval, PARAMETRIX will prepare final change order documents. Up to 10 Contractor-initiated change orders are anticipated Design and engineering services far PARAMETRIX to prepare drawings and specifications for issuance to the Contractor as part of Contractor-initiated changes shall be considered as Additional Services, entitling PARAMETRIX to additional compensation. CityofFederal Way 214-2441-821 (Ol/04) Pacific Highway South HOV Lanes Phase IV 5 Apri12010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services 3 5. 7 Change Order Reports PARAMETRIX will provide weekly reports to the Owner about the status of any current change orders. The report shall include issued change orders, pending change orders, and change order amounts. 3.5.8 Claims and Disputes PARAMETRIX will receive, log, and notify the Owner about all letters and notices from the Contractor concerning claims or disputes between the Contractor and Owner pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. PARAMETRIX will review all such letters and notices and will discuss them with the Contractor as necessary to understand each such claim or dispute. PARAMETRIX will advise the Owner regarding the Contractor's compliance with the contract requirements for such claims and disputes. PARAMETRIX will assist the Owner in discussions with the Contractor to resolve claims and disputes. It is assumed that no more than two (2) claims will be submitted by the Contractor during the PARAMETRIX period of performance. PARAMETRIX will not issue decisions on Contractor claims or disputes. PARAMETRIX will not, except as part of Additional Services, undertake comprehensive and detailed investigation or analysis of Contractor's claims and disputes, nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. 3.5.9 Contractor's Schedule Submittal PARAMETRIX will review the Contractor's construction schedule and verify that it is consistent with the requirements of the contract for construction. PARAMETRIX will advise the Contractor of any areas where the schedule is not in compliance with the contract for construction. PARAMETRIX will provide comments to the Owner to assist the Owner in approving, accepting, or taking other action on the Contractor's schedule, in accordance with the contract for construction. PARAMETRIX's review and comments shall not be considered as a guarantee or confirmation that the Contractor will complete the work in accordance with the contract for construction. 3.5.10 Contractor's Schedule Updates PARAMETRIX will review the Contractor's periodic schedule updates or other schedule submissions. PARAMETRIX will advise the Contractor if the updates or other submissions are not in accordance with the contract for construction. PARAMETRIX will provide comments to the Owner regarding the updates or other submissions. PARAMETRIX will monitor the Contractor's progress on a weekly basis and report any significant changes to the available float and/or the critical path of the project. 3.5.11 Ef�`'ect o}'Change Orders PARAMETRIX will review information submitted by the Contractor regarding the effect of proposed or issued change orders upon the construction schedule, duration, and completion date. PARAMETRIX will advise the Owner as to the potential impact of proposed or issued change orders. PARAMETRIX will assist the Owner in discussions with the Contractor concerning the potential impact of proposed or issued change orders. City ofFederal Way 114-2441-821 (Ol/04) Pacif:c Highway South HOV Lanes Phase IV 6 Apri12010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services 3.6 Finallnspection/CloseoutlWarranty PARAMETRIX will assist the Owner in issuing documents for substantial completion and acceptance of the work. PARAMETRIX will provide to the Owner an organized set of project documents and records. PARAMETRIX is not responsible for any unauthorized reuse or alteration of project documents. 4A CONSTRUCTION OBSERVATION 4.1 Construction Observation PARAMETRIX will conduct daily onsite observations of the Contractor's wark far the purposes of determining if tfie work generally conforms to the contract for construction and �that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractar. PARAMETRIX will provide a Lead Construction Observer that is assigned to project for the entire construction and two (2) additional construction observation staff who be assigned to specific areas of the construction with shorter duration. The lead Construction Observer will be the primary point of contact in the field for the Owner, property/business owners and the Contractor. The Lead Construction Observer will coordinate the preparation of the written field reports, diaries, or other records required of the construction observations. PARAMETRIX's construction observation staff will arrange for taking daily photographs of the work in progress by the Contractor, which will be made available to the Owner. Daily photographs will also document existing conditions that may relate to changed conditions or utility conflicts as they are exposed. PARAMETRIX's observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. PARAMETRIX does not guarantee the performance of the Contractor. PARAMETRIX's observations shall not relieve the Contractar from responsibility for performing the work in accordance with the contract for construction, and PARAMETRIX shall not assume liability in any respect for the construction of the project. PARAMETRIX shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. Copies of all construction observation daily reports will be provided to the Owner the following day. 4.1.a Federal Aid Requirements PARAMETRIX will monitor DBE participation, and ensure that DBEs are providing labor and equipment consistent with construction contract specifications and Local Agency Guidelines. PARAMETRIX will review and monitor the Contractor's training program. PARAMETRIX will conduct all requisite employee interviews as required by the contract specifications and Local Agency Guidelines. 4.1.1 Deficient and Non-conl'orming Work � Should PARAMETRIX discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is otherwise defective, or not conforming to requirements of the contract or applicable rules and regulations, PARAMETRIX will bring this to the attention of the Contractor and the Owner immediately. PARAMETRIX will thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. City ofFederal Way 214-2441-821 (01/04) Pacific Highway South HOV Lanes Phase !V 7 Apri12010 South 312th Street to Dash Point Road /mprovements Project Scope of Work for Preconstruction and Construction Services 4.1.2 Performance and Witness Testing PARAMETRIX will attend and witness field and factory performance tests as specified in the contract for construction and the PARAMETRIX contract scope. 4.1.3 Regulatory and Third Parly Testing and Inspections PARAMETRIX will assist with coordination and monitor the Contractor's coordination of inspection and testing by regulatory and third party agencies that have jurisdiction over the project. 4.1.4 Subsurface and Physical Conditions Whenever the Contractor notifies PARAMETRIX or Owner of subsurface or physical conditions at the site which the contract for construction provides should be so notified, PARAMETRIX will advise the Owner and inspect the conditions at the site. PARAMETRIX will advise the Owner as to the appropriate action(s) and assist the Owner in responding to the Contractor. Engineering and technical services that are required to investigate the subsurface or physical conditions shall be considered an Additional Service. 4.1.5 Substantia/ and Fina] Completion PARAMETRIX will prepare a punch list of items requiring completion or correction by the Contractor, which shall be updated over the final 3 months preceding completion of all work except plant establishment and related items. 4.1.6 Field O�ce PARAMETRIX will staff a Contractor provided field office on the project site for purposes of providing construction observers to observe the work of the Contractor. All office equipment, including but not limited to, shelving units, cabinets, tables, chairs, copy machines, desks, cellular phones, cellular phone service, landline phones, landline phone service, desktop computer and monitor, laptop computer, computer printer, and DSL or broadband communication lines will be provided by the Owner. 4.2 Material Testing and Special Inspection PARAMETRIX will employ an independent firm for the material testing and specialty inspection related to measuring the quality of the Contractor's work. PARAMETRIX will review the reports and other information prepared by the independent firms. PARAMETRIX will coordinate the testing firms' schedules and the transmittal of their reports, findings, or other information to the Contractor and/or the Owner. 4.3 Technical Field Inspection — Walls and Structural Concrete SEW Traffic Barriers PARAMETRIX will provide technical field inspection of the Contractor's work specifically related to the retaining walls and structural concrete traffic barriers for this project. CiryofFederal Way 214-2441-821 (01/04) Pacific Highway South HOV Lanes Phase IV 8 April 2010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services 4.4 Construction Observation Overtime The schedule for daily construction observation is dependent on the schedule of daily activities of the Contractor. It is anticipated that it will be necessary for one or more of the construction observers to wark beyond the standard eight (8) hour work day/ Forty (40) hour work week. This task is intended to be used to cover those occasions when construction observation is required beyond the standard eight (8) hour work day/ Forty (40) hour work week. 5.0 OFFICE ENGINEERING SERVICES 5.1 Engineering Design Support PARAMETRIX will track and provide written responses to the Contractor's request for interpretation or clarification of the contract documents. PARAMETRIX will coordinate and collaborate with the EOR as appropriate for any design clarifications and/or interpretations. PARAMETRIX will assist the Owner with the issuance of changes to the contract for construction. Design and engineering services to prepare drawings, specifications, and other information for the change shall be considered as Additional Services, and shall entitle PARAMETRIX to additional compensation for the design services. 5.2 Submittals PARAMETRIX will obtain from the Contractor a proposed shop drawing and submittal schedule, which shall identify all shop drawings, samples, and submittals required by the contract for construction, along with the anticipated dates for submission. PARAMETRIX will log and track all shop drawings, samples, and submittals. PARAMETRIX will coordinate with the Owner and/or the EOR for the reviews of the Contractor's shop drawings, samples, and other submittals for traffic signal items, retaining walls, major drainage items, and irrigation items. PARAMETRIX will provide review of other items to include standard QPLs, Traffic Control Plans, erosion control, gravel materials, and HMA-related materials. PARAMETRIX's review of shop drawings, samples, and submittals shall be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. PARAMETRIX's scope shall be based upon the scope of work in the contract for construction and shall include a maximum of two submissions by the Contractor for each shop drawing, sample, or submission. Should the average number of reviews exceed two reviews per submittal, PARAMETRIX shall be entitled to additional compensation. 5.3 Requests for Information PARAMETRIX will review the Contractor's requests for information or clarification of the contract for construction. PARAMETRIX will coordinate such review with the EOR and with the Owner as City ofFederal Way 214-2441-821 (Ol/04) Pacif:c Highway South HOV Lanes Phase IV 9 April 2010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services appropriate. PARAMETRIX will coordinate and issue responses to the requests. PARAMETRIX will log and track the Contractor's requests. For budgeting purposes, it is assumed that up to one hundred (100) requests for information will be made by the Contractar. PARAMETRIX will assist the Owner in reviewing and substitution of materials and equipment. PARAMETRIX Owner as to the acceptability of such substitutions. 5.4 Record Drawings responding to the Contractor's requests for will review such requests and will advise the PARAMETRIX will review the Contractor's redlined drawings periodically throughout construction to assure that they are current and accurate. PARAMETRIX will forward the redlined hard copy of the drawings to the OWNER. PARAMETRIX is not responsible for the accuracy or completeness of as-built drawing or survey information provided by the Contractar. 6.0 ADDITIONAL SERVICES The following services will be provided by PARAMETRIX upon written authorization from the Owner and agreement on compensation to PARAMETRIX. An amendment to the contract will serve as written authorization. 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 Services Related to Development of the Owner's Project Financing and/or Budget Services Related to Disputes Over Pre-qualification, Bid Protests, Bid Rejection, and Re-bidding of the Contract for Construction Services Related to Provision of Owner-Furnished Equipment, Materials, and Supplies Services Related to Procurement or Management of Third Party Contractors Other Than Testing, Inspection, and Survey Firms PerFormance of Specialty Testing and Surveying Services Services Necessary Due to the Default of the Contractor Services Related to Damages Caused By Fire, Flood, Earthquake or Other Acts of God Services Related to the Owner's Operation and Use of the Completed Project Other Than as Specifically Provided in the Above Scope of Work Services Related to Warranty Claims, Enforcement, and Inspection 6.10 Services for the Investigation and Analysis of Contractor Claims; Preparation of Reports on Contractor Claims; Provision of Professional Claims Analysis Services; Participation in Litigation or Alternative Dispute Resolution of Claims City of Federal Way 214-2441-821 (01/04) Pacific Highway South HOV Lanes Phase IV 10 April 2010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services 6.11 6.12 6.13 Preparation For and Serving as a Witness in Connection with Any Public or Private Hearing or Other Forum Related to the Project Services Supporting the Owner in Public Relations Activities Value Engineering or Similar Value Analysis Studies 6.14 Services for Review and/or Preparation of Owner or Contractor Proposed Changes to the Project 6.15 Services to Support, Prepare, Document, Bring, Defend, or Assist in Litigation Undertaken or Defended By the Owner 6.16 PARAMETRIX Shall Perform Miscellaneous and Supplemental Services Related to the Project as Requested By the Owner 6.17 Any Other Services Designated in this Scope of Services as Additional Services City ofFederal Way 214-2441-821 (Ol/04) Pacific Highway South HOY Lanes Phase IV I1 April 2010 South 312th Street to Dash Point Road Improvements Project Scope of Work for Preconstruction and Construction Services EXHIBIT A-2 TASK ORDER AGREEMENT Not utilized in this contract. EXHIBIT B-1 DBE UTILIZATION CERTLFICATE Not utilized in this contract. EXHIBIT C ELECTRONIC EXCHANGE OF ENGINEERING AND OTHER DATA Electronic copies of all correspondence and files related to the performance of this contract are to be provided to the City. Any files not compatible with the City's Microsoft Office suite are to be provided on CD. EXHIBIT D-1 PAYMENT — LUMP SUM Not utilized in this contract. 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 for this PROJECT shall be on the basis of the CONSULTANT' S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs 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 Ma�cimum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSiJLTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/OS Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 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 ar 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. 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 CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XN, "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 shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT far 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. EXHIBIT D-3 PAYMENT — HOURLY RATE Not utilized in this contract. EXHIBIT D-4 PAYMENT - PROVISIONAL Not utilized in this contract. PARAMETRIX EXHIBIT E Fam 01-PD-40/Rev. 04/04 of Federal W Pacific Highway South HOV Lanes Phase IV, Preconstruction Services, CM Services, and Services During Construction BUDGET SUMMARY Direct Salary Cast Su6lWal Labor + Total Induding ��� Overhead � fi � Fee on DSC Amoun F � Expenses Subconsulfanis Task Totals Rates 1 Task No. Description ----- ---__----- -- ---- - - - ------ -- - -- -- --- - Task 1.0 Project Manageme�t 8 CoordinaUon 7.1 General Project Managemen $14,768 $27,17 $41,9 _ _ -.. yq,430 $46,3 $304 -- ;46,676 -- Taak 2.0 Preconstruction Servfcea � -- --- - - -- - --� _ --- -- - 2.7 ProjectPaRnerin9 y1,586 $2,918 $4,504 �t76 $4,979 525 $12,880 �17,884 - -- ----- - _ _ __.__ _ _..--- ...----- -___---- -- 22 Attend City Sponsored Open House $793 $1,459 __--_ 52,252 $238 y2,490 y25 E2,515 ------ --------------- -------- ---- _------ -- --- --- ----- _ Task 3 .0 Conatructlon Management Servicea - --- -- - ------ -- - --- --- 3.1 CM and CommunicaGon Work Plan $z,� � � a3,gg4 y5,995 _ a633 E6,628 $90 s6,71g - -- - _-=-- --- ---- -- ---- - --- -- - -- _ _ 3.2 Document Management _ _ _ _ y25,325 a46,598 $77,924 57,598 $79,521 $953 s80,474 - - - - -- - - 3.3 Condud Preconstruction Conference y2,175 _ a4,002 56,177 a653 $6,830 $83 s6,912 -- ------- - -- ----- - - ---- ----------- ------- - - -- 3.3.a Preconstruction Photo�deo ----------- $930 $1.772 $2,642 $279 $2,922 $72 s2,993 - - _ ._--- 3.4 Co nduct Proje Site MeeGngs $30,3 $55,759 3 88,062 $ 9,091 $95,153 $1,315 s96,468 ---- -------- ----------- __ --- - -- - ----- --- ___ 3.5 General CM Support _ _ $1 ,270 E7,270 - -- -- __- ---- -- ___ 3.5.1 Review P rogress Payments _ $5,304 39,759 $15,063 $7,591 a16,654 s16, ___ ---- -- -- - ---- - - - ---- -- ___ 3.5.2 Field Instructions and Orders __ _ y3,�5 $6,523 $10,068 a1,064 577,137 311,131 _ - -----._ .._---- - 3.5.3 C and Communic $8,259 511,576 517,774 57,878 $19,652 $2,200 =21,852 -- - -- --- -- - ---- 3.5.3a PuWic Relations - - _- - - $5,372 __ $9,885 $15,257 $1,612 $16,869 $90 s1B,959 _ - - ----- ----- 3.5.5 Coordinate I of Ch ange Orde a5,751 $9,477 $14,628 31,5 516, s16,174 - -- - -----_ - ---- - -- - ---- - ----- -- ---- - _ 3.5.6 Review of Contrador's Requesled Changes $5,151 $9,477 $14,628 $1,545 $16,174 s16,174 ---- --- 3.5.7 Charge Order Re ports $3,779 $6,953 $10,7 $7,134 y17,865 511,865 _ ----- --- _- -- - - - -- --- --- -- -- - ---- 3.5.8 Claims and Disputes __ $1,852 $3,408 ----- 35,260 $556 $5,816 s5,816 - - - - --- ----- - - 3.5.9 Contractor's Schedule Submittal $737 51,356 $2,093 5227 E2,314 s2,314 _ _ _----- -- --- -- - - ------- -_ _ _-- ---- ------ -- -- 3.5.10 ConVadors Schedule Upd ates _ _ __ _ $1,708 33,143 $4,851 $512 $5,364 j5,364 --- - - -- - --- - -- --- - 3.5.11 Effect of Change Orders a7,893 $3,483 E5,376 $568 a5,944 55,944 _ 3.6 Final InspedioN CbseouU Wartan _ $9,032 516,619 $25,651 $2,710 $28,360 E465 s28,825 ---- --- - --- --- ----- ___---- Task 4.0 Construction ObservaUon -- -- --- -- ---- -- - 4.1 ConstrucGo Obse rvation $152,627 __ $280,833 __ 5433,459 345,788 a479,247 $10,450 s489,897 - --- - --- ----- ---- - - - - ---- __ - - 4.2 Material Testing and Speaal Inspection _ a4,529 $8,333 __ 372,862 _ $7,359 y14,220 $90 $154,000 s168,310 --... _ _�.--- - - -- -- 4.3 Technical Fiefd Inspection ---- - $19,664 $36,782 --- $55,847 55,899 $61,746 $1,250 j62,996 4.4 Contruction Observation Overtime yZ6,250 _ 332,200 y58,450 57,875 566,325 _ __ _ f66,325 Task 5.0 O1fice Engineering Services __ 5.1 EngineeringDesignSupport --- $6,431 $1t,632 $18,2B3 $1,929 $20,192 ---- ---- 520,192 5.2 Sumbittal Review and Coordina _$g,g51 _ $16,285 $25,136 52,655 527,792 $1SO 527,972 ----------- ---- _ __ _ .-- -- -.._---- --- - ------- 5.3 Requestsfor irdormation y3,694 $6,797 _ $10,492 a1,108 E17,600 $45 511,645 --- - ---- ----- 5.4 Record Drawings ----- - --- - 57,394 _ $2,565 $3,959 $ 418 $4,378 j4,378 TOTAL $351,213 $630,132 $981,346 a705,364 51,086,710 $18,906 $166,880 f1,272,495 � Projed Manager - Date Division Manager - Date � -zo- t� Prinapal - Date File Name: Phase IV CM Budget 0430.70 Project Delivery System Page 1 of 1- SUMMARY Date Printed: 4/30/2010 PARAMETRIX EXHIBIT E Form 01-P ev. City of Federal Way Pacific Highway South HOV Lanes Phase IV, Preconstruction Services, CM Services, and Services During Construction ..�- Projed/ Project CFmeULead Construction Construdion Construcbo� ConsUuction Engineer/ Consfructlon Observation Observer Observer Pro �� Admin. Word PfO J� Direct Salary Maneger Assistant Observer Overtime (Electrical Cantrols Graphics Billing ) (Structuraq �� � Assistarrt Processing S Cost Greg S. CM Tom Fraser 7/2 dme rate Terty Campbel Bill Cicone pecialist Direct Salary Rates 356.61 336.00 $35.00 $77.50 534.69 529.00 $30.16 525.00 S24.00 328.00 $23.30 Task No. Description --- ----- - - - --- _- - --- - -- -- -. _ -- - ----- --- - ------- _ - --- ----- ------ ------ --- - ----- --- - ---- ------ -- --- ----- ----- Task 1.0 Proje Management S CooMa�ation _ 1.1 General Proiect Manaslement - -- �Sp - ---- - ----- -______ - � --- � -- ----- - --- -_ � _---- -- - -- _.. ____- ----. ._ _._-- ------ - - 514,768 - ---- -------- _ ----..------ ------- - -- ----- - Task 20 P reconatrucUon Servicea - -- - - - - - ----- - __. _ 2.1 Proiect Partnerin4l - - - -- - - �s - - - -8 --- ------- - _. .-- -- - - __ _- 18 - _ - ----- _ _-- - ----- - -_.. ...--- ---- ----- _ _---- -- - -- -- -- ._ .. ___ __ 51,586 --------- --- -- -- --- 22 Attend Ciry Spo Open Flouse g q g - --- - a793 --- - - ----------------------- ----- _------ - ___...._ ____ _ ------- ---- ----_- ------ ---- ---- ---- ------ Task 3.0 Constructlon ManagemeM Services ----- -- -- -------- - - ---- ------ ------ - - --- ---- - ---- ---- -- - ---- --_ --- ------ ------_ --- - -----_ --- --- ---- ---- ----- ----- --- -- --- - - -- 3.1 CM and Communicadon Woiic Plan 20 16 16 4 52,171 --- --- - -_------ ---- -- ---- - __--- ---- ------ ---- ---- -- - ---- -----. -_--- -- - - 3.2 DocumeM ManagemeM �20 200 500 $25,325 --- ---- - -- - -__ --- ------- -- -- ------ - - ... ------ --- ----- ------- -- -...- - --- ---- ---- ---- --- -- 3.3 Condud Preconstruction Cwiference 16 4 4 4 4 16 8 2 $2,175 -------- - -- ---__-- - ----. __..._..__ ----- --------- - _---- - ---- --- __.. __ - - - ------- --- ----- ---- ---- ---- -- ------ ----- - -- ----.. 3.3.a Preconskudion Photo�deo 4 76 6 $930 __---------- ---- ------ --- -___.. ------.... --------- - - - -_ _ ---- --. ------ _ - ------ ----- -------- ----- ------- --- --- - ---- ---- - - ---- --- 3.4 Condud Project SRe Meetings 280 740 80 280 530,304 --- -------- __. - -- ---..__ 3.5 General CM Support - _ _ _ .- - ----------- - -- --- ----- --- --- - -- -- - -- -- - --- ------ --- --- --- ---- _ - --- -- - --- -- -- -- - - -- 3.5.1 Review Progress Payments p0 72 SO $5,304 -. _..-. - - --- ------- --- - - -- - --- - -- - ---- - -- -- ---- ---- - - --- ---- -- - --- - --- --- -- - -- ----- -- - -- -- - 3.5.2 Field Instructions an Orde yp gp - $3,5q5 - ---- --- - - ---- ----__ ---- -- ------- -------- ----- .- __-.._ ------- ---- .----__ __ -- _ _ _ - --- ----- ------ ----- - - - --- -- ---- --- --- - 3.5.3 Cortespondence and Commu 20 40 40 80 20 56,259 -- -------_ -...---- ---- _ _ -----.. ------..- . --------- _ .__ __ .--- --------- --- ------- --- -- __ _ __ ----- - ----__ -_ __ - --- ----- -- - --- ---- - ---- -- - --- 3 .5.3a Public RelaGOns 20 80 80 $5,372 - - -- - ----- - --- - ----- ----- ---- -- ---- --- - -- -- - ---- - --- ---- -- ---- -- 3.5.5 Coordinate Issuance of Change Orders 40 40 40 10 $5,151 - - - - ---- ------ --- -- ---- - - - ---- --- -- ---- -- --- ---- - -- - -- - 3.5.6 Review of Contractors Requested Changes 4p 40 40 10 55,751 -------- 3.57 Cha�ge Order ReP� 20 40 _ . 40 - - -- - - - -- -- -- - ---- - -- $3,779 ------- - ---- -- - _ 3.5.8 Claims and Disputes 20 20 $1,852 ---- ----------- ----- ----- -------- ----...- ------ ----- ----- --- --- --- ..---- ---- --- ---- - -- -- -- - - - -- 3.5.9 ConVactors Schedule Submittal g q 4 $737 - ---- - -- - -- - - - - --- --- ----- ---- -- 3.5.10 Contrador's Schedule Updates 20 16 $1,708 -- 3.5.11 EffecC of Change Orders 8 40 --- -- - -- --- - --- -- ----- - ---- --- $7.893 -- ------ - ------ 3.6 Final InspectioN Closeout/ WarraMy 80 40 20 100 39,032 ------ --- ------- - - - -- --- - ----- -- T ask 4.0 Construction Observation 4.1 ConsUuctionObservatlon 170 200 2720 1000 --- 80 740 - ----- ------- - --- - - -- - -- - -- ---- ---- $752,627 --...-._ --- -- - - - 42 Material T and Speaai Inspection g0 $4,529 - -- - ----- --- ----- _- --- --- -------- ---- - - 4.3 Technical Field Inspection qp 600 $19,664 - __ ---------- ----- ------ - 4.4 Co Mructlon Ob servation Ove rtime 50p 500 a26,250 Task S.0 Office Engiireering Servkea - 5.1 Engineering Design Support - - 50 100 -- - - ---- - - - - - - - - $6,431 5.2 Sumbittal Review and Coordination 40 80 40 100 $8,851 - --- -- ---.. _._ -- --___ -- - - -- ---- - - - - ----- - ------- ------ - _-_ _- - ------- - -- - ------- ---_ _- - - - --- -- - --- - 5.3 Requests f infortnatio -.. . 25 25 25 25 33,694 . __------- _..... -----_ _ .-- - --- ---- - - - -.-.._ -- - - - - ------ -- - - ---- ---- -- ---- --- ---- ---- - ----- ------- ---- -- - - 5.4 Record Orawings g p0 8 y7,394 TOTAL 7343 789 3316 500 1004 604 877 1513 52 80 80 5351,213 File Name: Phase IV CM Budget 0430-70 Project Delivery System Page t of 1- LABOR Date Printed: 4/30/2070 PARAMETRIX EXHIBIT E F�o�-Po-aom�.oaioa of Federal W - Pacific Highway South HOV Lanes Phase IV, Preconstruction Services, CM Services, and Services Du EXPENSES Categorie Mileage Copies Final Mylar Full Size Mailing ��� Plots Bond (Letter-size) Rates $0.500 $0.09 55.00 $3.00 $0.50 Task No. Description ._---- ----_ ... __— --------- ------- ---- _____— __..._..___ Task 1.0 Projeet Management & CoordinaUon - 1.1 General Project ManagemeM - - - -- 500 - -- 500 ---- - - -- ---- 18 --- $304 ----- - ----------- ----- ------ -- ---- __ _ __ _ -- _ -- -- - --- --- - Task 2.0 Preconstruction Servicea --- - -- ---- -- - - 2.1 Project Partnerin9 50 $25 ---- -- ------ ------- ---- -- __ _ --- --- ----- ------ 2. Atte City Sponsored Open Hous Sp gps - - - --- - -------- ----- --- --- - - -- __ Task 3.0 ConsVuction Management Services -- ------ -- ---- ------ -- - __- ----- ----- -- 3.1 CM and Communication Work P lan �,ppp $gp --__------ -- --- -- - ----.. ._ ---- -- --- -- _ _..- ----- _ _ 3.2 DocumeM Management _ _ �,pp0 _5,000 _ 5 _ $953 3.3 Conduct Preconstruction Conference �ZO 250 $63 — - -- --- ----- _--- -- -- - - 3.3.a Preconstrudion Photos�deo 120 100 5 372 --- - 3.4 Conduct Project Ske Meetings --- - 2000 3,500 ---- --- - 51,31 - - - - - -- --- _ -- - --- - - -- - _- ----- - - ---- 3.5 General CM Suppat pppp 3,000 $1,270 3.5.1 Review Progress Payments --- ---- ---- ----- _ --- - -- -- - --- - _ 3.5.2 Field Instructions and Orders 3.5.3 Correspondence and Communication 5,000 3500 $2,200 - ------- ------ --- - _-- -- ---- - --- 3.5.3a Public Relations �gp $gp 3.5.5 Coordinate Issuance of Ch Ord - _- ---- --- - -------- ------ -___ _ ._ _ _ _._..._ -__ _- _ -- _ __-- 3.5.6 Review of CoMractor"s Requested Cha�ges 3.5.7 Change Order RepoRs ---- ----- - ---------- 3.5.8 Claims and Disputes 3.5.9 Co Mractor ' s Schedule Submittal --------- - ---- - -- --- ----- --- - __- ----__ ---- 3.5.70 Contractors Schedu�e Updates - --- ----- ---- ----- ---- - - — -- 3.5.11 Effect of Change Orders ° ------ --- --- - -- _--- 3.6 Final InspectioN CloseoW Warranty 120 2500 60 $465 ---- - - ------- Task 4.0 Cons Obaervation -- -- - --- - - - - --- ----- - - -- ---- - ----- --- --- - -- 4.1 Construction Observation Zpppp 5ppp _ - --... ------ ---- $10,450 - ---- - ---- -- _------ ---- 4.2 Material Testing and Special inspection �ppp $gp 4.3 Technica Field Ins pection pspp $�.ZSp 4.4 Contrudion Observation Wertime Task 5. Office Engineering Services -- ------ ---- --- - - ----- ------ - 5.1 Engineering Design Support 5.2 Sumbittal Review and Co Zppp $�gp 5.3 Requests for ir�fortnation - -- --- --_ Spp --- -- $q5 - 5.4 Record Drewings - -- --- ----- -- -- - TOTAL --- - - — - 28,640 29,350 60 3,528 $18,906 Construction Subconsultants Ernirolssues Materials Tes[ing (Otto Rose�au) Labor Exp Labor Exp Total , � ._..------ . __ i--- ---_ ___ _ ..._ . _ ..----1-- ----- -------- i i __.._ -�-- ----- --- . - - - ---- --- -- ---- ---1-- - -- - - � ------ --=-- --- ----------�----- - --- � ----- r_ ---- ----- --- - ---- -r----- i -- - - _ _ --- - - $12,680 _ - ---____ � _ g12,880 i - - -- - -------�------ ---- , ; - - ------- -- -- . _. .. _---�----- - __-- s I ------,---- - - - _ __ -�----- ---_ ---� --- � ----- ----- --- -- -- -' - — -- � ---- — ------ --I---- __ __ -- - ----- ---- F--- - - - - ' __ - _ � - - - --- rt--- -- ----- - -- - __ ------ --- - �---- -- — ---�------- --------- j---- --- -- -- -+- -- --- — ----- — __------ � --- --- ---- ' ---+---- ----- -- � -- ------ — ', ---- ----------+-- - , ----- ------- � -- - - i , - -__-- --- --------r-- - -- -- �. _----- - - - � - -- t-- __ -- - -- - --�-- - -- ' - --------�---- ---- -------- ! - _ -- -. -�- ----- -------�--- ------- ' ----- .. .---r---- --- ----- - T, — ---- - - --t--- ------ -- � - ---___ -- --- 3,5a,000 a,sa,000 , � - -- -----r- ---- - - t-- --- - -- --- ' I _'! ------- -- -- — - �---- ---- -- ---i----- ---- � - -i--- -- -- -----+---- _ ---- , -- -- ', - ---- -----{- - ..... --- - -_----- - -�- - ---� ----f- - ------ ---- � - ----�----- - - -- � --- --�- -- ----- _ � _ - - ----- _ --- i_--. ___ $12,680 $200 $154,000 $166,880 File Name: Phase IV CM Budget 0430-10 Project Delivery System Page 1 of 1- EXPENSES Date Printed: 4/30/2010 EXHIBIT E-2 FEE — SPECIFIC RATES Not utilized in this contract. EXHIBIT F � � � Washar�gton S#ate De�ar#rr�en� �f Tr��r��p��#�t��� �aula .7. tiaantt��+o�d F�sE. Seeretary o€ Transportatio� AUgliSt S, 2009 Tracssportation Buiidieg 31 C"�?Gpie Park Avenue S.E. P.O. Box 473C0 C}lympia, WA 98504-7300 s�c-,=asaooa TTY: ,-$OG-833-0388 lNNl�V.WSCJOt: N2.CJOV Ms. Janice Walden Parametrix, Inc. 1002 15 Street SW, Suite 220 Auburn, WA. 98001-6502 Re: Pazametrix, Inc. Overhead Schedule FYE December 29, 2008 Dear Ms. Walden: On August 5, 2009, as a WSDOT representative, I completed my review of your proposed 2008 Overhead Schedule. I also completed an analytical review of the schedule by comparing it to the reviewed & accepted 2007 overhead schedule, and reviewed data that WSDOT had collected in our permanent files. The proposed overhead schedule provided by Parametrix had been prepared from financial statements that were audited by Clark Nuber, CPA. The reviewed data for Parametrix included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of accounting system, basis of indirect costs, in addition to a review of the firm's intemal control structure. Based on my review, I am issuing this letter of concurrence establishing the Parametrix overhead rate for 2008, at 191.12% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. If you or any representative of Parametrix, Inc. have any questions, please contact me at (360) 705-7006. Sincerely, ,� � Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney Marilyn Bowman, MS 47323 Rick Grif�th, MS 47323 Meg Blau, MS NB 82-112 File Christy Trautman, King County I��� � C � PARAMETRIX, INC. Firmwide FAR Overhead Rate For the Year Ended December 2008 FAR Value Direct Labor Payroll Taxes and Fringe Benefits Pension Plan Vacarion, Sick, Holiday Pay Group Insurance Payroll Talces and Fringe Benefits General and Administrative Eapenses Indirect Salaries Building & Equipment Taxes and Insurance Professional Consulting Services Business Travel Office Supplies and Expense Training, Education, Prof. Licenses Totat Overhead before FCM Facilities Cost of Money Total Allowable Overhead FAR Overhead Rate $ 22,454,709 1,588,415 5,068,602 3,714,140 3,411,587 $ 13,782,744 15,779,013 7,335,269 1,881,686 931,251 484,542 1,003,672 1,317,187 $ 28,732,620 $ 42,515,363 $ 400,040 $ 42,915,454 1.9112 % direct labor 7.07% 22.57% 16.54% 15.19% 6138% 70.27% 32.67% 838% 4.15% 2.16% 4.47% 5.87% 127.96% 189.34% 1.78% 191.12% 191.12% EXHIBIT F Hourly Rate Total Hours ProjecU Project Construction Engineer/ Manager Greg Assistant CM S. $56.61 $36.00 1343 789 $76.027.23 $28.404.00 CONTRACT USING AUDITED OH RATE OH Profit Total 191% 30% Inspectors $168,404.76 $321,653.09 $50,521.43 $540,579.28 All other staff $174,058.55 $332,451.83 $52,217.57 $558,727.95 Subtotal $342,463.31 $654,104.92 $102,738.99 $1,099,307.23 CONTRACT USING MODIFIED OH RATE Project Admin. Word Graphics Project Controls Assistant Processing Billing Darla Specialist Wright $30.16 $25.00 $24.00 $28.00 $23.30 877 1513 52 80 80 $26,450.32 $37,825.00 $1,248.00 $2,240.00 $1,864.00 Equivalent Multiplier 3.21 Equivalent OH Profit Total Multiplier 176% 30% Inspectors $168,404.76 $296,392.38 $50,521.43 $515,318.57 3.06 191% 30% All other staff $174,058.55 $332,451.83 $52,217.57 $558,727.95 3.21 Subtotal $342,463.31 $628,844.21 $102,738.99 $1,074,046.51 3.14 Equivalent OH 183.6% Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Tack � p Prin � ►�. �� .�� .- � •- �� DOT Form 140-089 EF Exhibit G Revised 6/OS Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project Pacific Highway South HOV Lanes Phase IV Sub Consultant Otto Rosenau & Associates, Inc. Direct Salary Cost (DSC): Classification Man Hours B�g = Cost See Attached Fee Schedule X $ X X X X X X X X Total DSC = $ Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of % x$ _ Fixed Fee (FF): FF Rate x DSC of % x$ _ Reimbursables: Itemized = SubConsultant Total = Grand Total = Prepared By: Walter C. Hansen Date: March 11, 2010 DOT Form 140-089 EF Exhibit G-1 Revised 01/09 0#to Rosenau & Associates, Ineorpocated Geotechnica! Engineering, Constructi� Inspection & Mat�iats Testing Paramehix Pacific Highway South HOV Lanes Phase IV Proposa) No.: 10-0128 Mlarch 11, 2010 ESTtMATED BUDGET Notes: 1) Pcoctor and sieve analysis estimated quantities are based upon a requirement for one (1) laboratory density test for each 2,500 cubic yards of fiil material placed. 2) Asphalt quantity estimate is based upon the requirement of one (1) rice density sampie for each �k00 tons of asphalt placed. 3) Concrete placement is estimated to tatai approximately 2,200 cubic yards. Our sampte quantity estimate is based upon an assumes requirement of four (4} 6" x 12" eompressive sfre�gth specimens for each 100 cubic yards of cancrete ptaced and is subject to change based upon actuai project scheduling. 4) The above rates ceflect a 10% discount 5j Additional services are available, and will be provided upon request, at our pubfished rates and fees EXHIBIT G-2 FEE — SUB SPECIFIC RATES Not utilized in this contract. EXHIBIT G-3 FEE — SUB OVERHEAD COST Not utilized in this contract. Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT' S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT' S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorparation 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 completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. . Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 EXHIBIT J ALLEGED CONSULTANT DESIGN ERROR PROCEDURES Not utilized in this contract. Exhibit K Consultant Claim Procedures The purpose of this e�chibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultanYs claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3— Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional wark; • Agency's summary of direct labar dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4— Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Progams and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5— Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6— Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. EXHIBIT L LIABILITY INSURANCE INCREASE Not utilized in this contract. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am � �'qp�, �, L��'u� and duly autharized representative of the firm of Parametrix, Inc. whose address is /�. 3 I FrHar� ven � Surr�ner W� 9839 0-! 5l6 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 and ' i Da e Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Federal W Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ��J��J/J -��� Date �iGrl ✓ �/�►-, f � �hta�u,.�/�S/k l'!� � Signa re (J�'7 �/1� DOT Form 140-089 EF F�chibit M-1(b) Revised 6/05 Exhibit M-2 I. Certi�cation 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. IL 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. v1.� � .� � - - � _ - -, (' nature) President or thorized O�cial of Consu an 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: 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 Congess in connection with the awarding of any Federal contract, the making of any Federal gant, 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. DOT Form 140-089 EF Exhibit M-3 Revised 6/05 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 the Pacific Hwy So HOV Lanes Phase N CM * are accurate, complete, and current as of **. 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 Parame trix, Inc. Name Title _� t 'ce, Qres � 'de n � , (ze.4 �'a h l Date of Execution* ** ��Li� 1� '�. 2�' I C� * 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 pr�ce 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 ConsuttanUAdd ress/Telephone Supplemental Signature P��etriX Page fOr 1231 Fryar Avenue Standard Consultant P.o. Box 460 Agreement Sumner, WA 98390-1516 Agreement Number Project Title And Work Description Pacific Highway South HOV Lanes Phase IV Federal Aid Number Preconstruction Services, Construction STPUL 1013(004) Management (CM) Services, and Services �oca1 Agency during Construction (SDC) Federal Way THIS AGREEMENT, made and entered into this day of J� � �� v ,� C"'! L` , between the Local Agency of Federal Way , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSU NT By Consultant Pa ra m e�" r�� )C . IYt G.. By LOCAL AGENCY �y Brian J. City Mai By � Patricia A. Ri City Attorney Consultant ice Chief �' DOT Form 140-088 EF Appendix 31.910 . Revised 6/05