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AG 11-150RETURN TO: li 6s [a EXT: ;o c- l CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC � WORKS / ,�n�1 ��Cf"'iJ' (� 2. ORIGINATING STAFF PERSON: / -yliis� t MLAIt p rl EXT: X Z� Z 3. DATE REQ. BY: O V V5' 15 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT Cl PROFESSIONAL SERVICE AGREEMENT Cl MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION �(CONTRACT AMENDMENT (AG #): il- l50 Cl INTERLOCAL ❑ OTHER /� � t 5. PROJECT NAME: 51320+h -7C 0,+ Zy " ' Ave �J PC �'�nii V�� ' ' "� NAME OF CONTRACTOR: iRTAW,% dlliJ. SIGNATURE NAME: RMJ�:� Ff--rA0-nde--L FAX: T[TLENCCA President 7. EXHIBITS AND ATTACHMENTS: Cl SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFEREN ED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 l"OR CONTRACT/AME DMENTS CFW LICENSE # - O� BL, EXP. 12/31/ UBI #�_11 D "16 6-7 , EXP. // _ Th1S 5� dGL� -ib $. TERM: COMMENCEMENT DATE: -1 I12I 2Z I I COMPLETION DATE: COMAW A23 535.00 �+° .h3/ 9. TOTAL COMPENSATION: $ 1 $2°l,�tOl = $}53,A3to (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES Cl NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES Cl NO IF Y /ESS,f�S PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 0& �`! /✓� '" I�� —����/ 10. DOCUMENT/ CONTRACT REVIEW p PROJECT MANAGER ❑ DIVISION MANAGER 44 DEPUTY DIRECTOR o, DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) pi LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED ' i s� V�fi1� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING I ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 911911,3 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED �►�2b LAW DEPT ' XS[GNATORY (MA�YOROR DIRECTOR) ❑ CITY CLERK ASSIGNED AG # AG# _ SIGNED COPY RETURNED DATE SENT: RETURN ONE ORIGINAL COMMENTS. EXECUTE ": " ORIGINALS INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: )ON, DATE REC'D: 11 SUPPLEMENT NO.4 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR S 320TH STREET AT 20TH AVE S INTERSECTION IMPROVEMENTS DESIGN SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with BergerABAM, Inc. effective the 12th day of July 2011, identified as Agreement No. 11 -150 as supplemented by Supplement No. 1 on July 3, 2012; Supplement No. 2 on October 4, 2012; and Supplement No. 3 on June 11, 2013. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 4 ". The changes to the Agreement are described as follows: Section I, Scooe of Work, shall be amended to add the scope of services as identified on the attached Exhibit A -1 Scope of Work, City of Federal Way, 20th Avenue South, Stormwater Improvements. If Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to July 31, 2014. III Section V, Payment, shall be amended in the amount of $29,901 as identified on the Attached Exhibit E -1, Project Fee Determination. IV Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement No. 4, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this *� day of 0civloe r , 2013. BERGERABAM, INC. By: 6et-, AA -. &Q., Robert Fernandes Its: Vice President 33301 Ninth Avenue S., Suite 300 Federal Way, WA 98003 CITY OF FEDERAL WAY Skip 0 Its: Mayor 33325 81h Ave S Federal Way, WA 98003 APPROVED AS TO FORM: atricia A. Richar son, City A orney K: \STREETS \PROJECTS \S320th at 20th Ave S \Design \Contract \AG 11 -150 Supplement 4.doc EXHIBIT A -1- SCOPE OF WORK CITY OF FEDERAL WAY 20TH AVENUE SOUTH STORMWATER IMPROVEMENTS PURPOSE The purpose of project is to provide a stormwater treatment vault along 20th Avenue South, north of South 320th Street. These improvements will include an upgrade to the water line piping in the area. This project has previously been completed to an 85 %PS&E level; therefore, the scope of this work is to finalize the PS &E package and prepare it as a stand -alone project. PROPOSED IMPROVEMENTS Proposed improvements for 20th Avenue South include • Installation of a new stormwater treatment vault • Replacement of existing asbestos cement water pipe with ductile Iron pipe • Sidewalk and roadway restoration per CITY standards PROJECT LIMITS The improvements on 20th Avenue South extend from the intersection South 316th Place to approximately 200 feet to the south and will extend from the east and west curb lines of 20th Avenue South. PROJECT ASSUMPTIONS • Survey work was completed during the South 320th Street at 20th Avenue South roadway improvements project. Additional survey work is not anticipated as part of this project. • All work will be done within the existing right -of -way (ROW). Therefore, no real property acquisition, temporary, or permanent easements will be necessary for this project. • Public involvement and community meetings will not be required for this project. • Storm drainage analysis was covered under the South 320th Street at 20th Avenue South project. Therefore, additional analysis or documentation will not be part of this project. • The initial layout and design of the stormwater vault has already been completed. Therefore, only minor revisions may be necessary to that design. • Temporary detours and traffic control plans are not included in this work. These will be provided by the Contractor and submitted to the CITY for review and approval. • All environmental permits have been acquired by the CITY and additional environmental services will not be required as part of this work. • A temporary shoring design is not included in this work. CITY of Federal Way 20th Avenue South Stormwater Improvements Exhibit A -1 BergerABAK Al2.0031.00 28 August 2013 Page 1 of 4 WORK ELEMENT 1 PROJECT MANAGEMENT The estimated project duration is four months. The work will be completed in accordance with a mutually agreed upon detailed plan /schedule to be developed by the CONSULTANT within two weeks of the notice to proceed. 1.1 Provide project management administrative services, including — Project set -up and execute agreement — Execution of subcontractor agreements — Preparation of monthly progress reports and invoices — Record keeping and project closeout 1.2 Provide overall project management, including — Project staff management and coordination — Subcontractor management and coordination — Prepare and update project schedule — Schedule and budget monitoring 1.3 Coordinate with CITY staff, including preparation and attendance of up to four monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of two CONSULTANT staff at each of the following meetings. — One formal kickoff meeting at project start — Monthly meetings at the CITY throughout the project duration (estimate two). WORK ELEMENT 2 QUALITY CONTROL/QUALITY ASSURANCE (QA/QC) The CONSULTANT shall provide internal quality assurance /quality control (QA /QC) reviews of the following major work elements prior to submittal to the CITY. 2.1 Provide senior review of 100 percent PS&E. WORK ELEMENT 3 LAKEHAVEN UTILITY COORDINATION AND DESIGN This work includes coordination with Lakehaven Utility District to incorporate water line upgrades and improvements into the plan set. 3.1 Coordinate with Lakehaven Utility District to incorporate water line upgrades and improvements into the plan set. 3.2 Prepare design drawings of the water line improvements in accordance with Lakehaven Utility District standards. 3.3 Prepare specifications of the water line improvements in accordance with Lakehaven Utility District standards. CrrY of Federal Way BergerABAK Al2.0031.00 20th Avenue South 28 August 2013 Stormwater Improvements Exhibit A -1 Page 2 of 4 3.4 Estimate preliminary quantities and update preliminary opinions of probable cost for construction. Prepare a separate bid schedule for the water line improvements. 3.5 Attend review meetings with Lakehaven Utility District to review the PS &E package at the 100% submittals to the CITY. 3.6 Perform Quality Control / Quality Assurance review on Lakehaven applicable PS &E package. 3.7 Incorporate all applicable Lakehaven Utility District review comments and markups into the final PS &E package used for advertising. WORK ELEMENT 4 FINAL DESIGN The CONSULTANT shall prepare one set of PS &E for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. CITY standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the state of Washington. 4.1 Assemble a title and index sheet that would include a vicinity map. 4.2 Assemble a sheet for symbol and abbreviation legends, and general notes 4.3 Prepare a schematic map showing survey control monuments location and their coordinate values. 4.4 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 4.5 Update the street utility plan and profile for the final plan set. 4.6 Update the drainage elevation and details plans for the final plan set. 4.7 Update the paving plans and details for the final plan set. 4.8 Prepare miscellaneous plans and details highlighting other work items not covered on other sheets. 4.9 Perform 100 percent design quantity take -offs and update opinion of costs. This will include preparing separate bid schedules for the roadway work and the water line work. 4.10 Prepare contract special provisions for the 100 percent plan set based on WSDOT /APWA standards (English), and applicable LAG standards. 4.11 Prepare contract documents for the 100 percent submittals based on WSDOT /APWA standards (English), and applicable LAG standards. CITY of Federal Way BergerABAK Al2.0031.00 20th Avenue South 28 August 2013 Stormwater Improvements Exhibit A -1 Page 3 of 4 WORK ELEMENT 5 PLAN PRODUCTION 5.1 Assemble and submit plans and specifications for the 100 percent level of design. — One full size set of plans — Six half -size sets of plans (11x17), including one unbound original — Six copies of specs, including one unbound original — Six copies of the opinion of cost 5.2 Assemble and coordinate the final plans and specifications for printing of 50 sets of half - size contract plans, 50 sets of specifications for bidding, and 5 full size sets of plans. WORK ELEMENT 6 ASSISTANCE DURING BIDDING. 6.1 Prepare addenda and respond to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare two addenda. SHEET LIST Title/Index Sheet (1 sheet) Legend, Abbreviations General Notes (1 sheet) Survey Control (1 sheet) TESC Notes and Details (1 sheet) Site Preparation and Erosion Control Plans (1 sheet) Street Utility Plan and Profile (1 sheet) Drainage Elevations and Details (1 sheet) Paving Plan and Details (1 sheet) Miscellaneous Details (1 sheet) TOTAL 9 sheets CITY of Federal Way 20th Avenue South Stormwater Improvements Exhibit A -1 BergerABAM, Al2.0031.00 28 August 2013 Page 4 of 4 EXHIBIT E -1, PROJECT FEE DETERMINATION Total Costs BergerABAM 8/28/2013 20th Avenue South - City of Federal Way DIRECT SALARY COSTS (DSC) for BergerABAM Personnel Hours Rate (see note) cost 1 Project Manager 26 X $58.50 = $ 1,521 2 Project Engineer 52 X $43.75 = $ 2,275 3 Structural Engineers 2 X $45.35 = $ 91 4 Civil Engineers 38 X $31.97 = $ 1,215 5 Environmental Scientists 0 X $57.69 = $ - 6 Designers /CAD Oper /Graphics 34 X $38.46 = $ 1,308 7 Project Coord. /Admin 52 X $30.41 = $ 1,581 BERGER/ABAM Hours, TOTAL 204 Subtotal Direct Salary Costs (DSC) = $ 7,991 0% Salary Escalation (SE) for Design (assume 100% of effort in FY2013) = Subtotal (DSC + SE) = $ 7,991 Overhead (OH) 150.57% of (DSC + SE) = $ 12,032 Fixed Fee (FF) 30.00% of (DSC + SE) = $ 2,397 TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 22,420 DIRECT NONSALARY COSTS (DNSC) Lakehaven Utility District Cost Contract Document Printing Misc. Expenses Allocation SUBCONSULTANTS $ 5,381 $ 2,000 $ 100 TOTAL REIMBURSABLE EXPENSES (DNSC) = $ 7,481 TOTAL BergerABAM FEE (DSC + SE + OH + FF + DNSC) _ $ 29,901 TOTAL SUBCONSULTANT FEES = $ - TOTAL AUTHORIZED AMOUNT= $ 29,901 CONTINGENCY FUND MANAGEMENT RESERVE FOR OTHER UNANTICIPATED PROJECT ISSUES (10 %) _ TOTAL CONTRACT AMOUNT = Exhibit E -1 Page 1 of 5 0 �B � to §� § B §( �B /§ §& a ■ � Lo o . cj ® $ \ o k�am 2k§ � t6 2 �) . . ■ 0 � kk� a ® - - ,§ . n � ~ ." C _N to e co § to 04 -w kB � ao' o ® $ °- - © © ■ # ■ GR k �E c4cl - - - ** z . ) §rA § f § $2§$ k)� � aka£ 0 D) ° ) § ƒk o C/) e = g # « W 2 a §� o X L) 'z f§I § f2 \f R »k\ 4 8 q -G a i -_ ,E �±§� K Lu § �a §k § 2 z 0 327E 2 § .w 2 § ) S §(�ƒ 2 $ / z § ' $ k q oo § } § m °m / 2 $ - IL \ \ k U) & K } o a ffi m Z QO Z w w 0 w ww LL VW W Z w 2 p, W .g W �a and W V W M N N N H \ 10 N v N N � � C a�Q a�Q H r M r r r r r r {p r� =Oa N v co a v �Cr •G W � y D V (7 y r N r v �Vi V •� e G ri. W W � y a v m d • V ,G O W aW ag N in v u� v� r ao v v v v v v v v y W ` N Z O d a N N N to N v Go ED 0La 00 3 Q C c C> mom �oioo �W D J w O C Z 'y'� 7 o C L° m w m Q > w Z m W � N N o tm CL m CL J a � Y d Nvi H'O uS 0 2 3 tm c N o N H a` Q N N o v c hicti rNM V wto Fl- ooe+ O Q O C O Z Z o m a a 0' 0 a C7 � o Z to Z W o F LU � v �a o v N . . 0 c m U o E Z cli a :3 m 2 C/) N c a Q m 1W t0 Y Y n ` H N d N i0 N N M r r r N r fir, N! H y \ , �0 a�Q H r M r r r r r r {p r� =Oa OVO •G W � y y r N r v V •� W vl W • V d G O aW ag N in v u� v� r ao v v v v v v v v t6 IO N ` N Z O d a N N N Z 0La 00 3 c C> mom �oioo CD 3 y U a: c N D J w O C Z 'y'� 7 o C L° m _ > w Z m W o tm CL m CL J c co 0 m CL N a` w_ U) hicti rNM V wto Fl- ooe+ EXHIBIT E -1, PROJECT FEE DETERMINATION Lakehaven Costs BergerABAM 8/28/2013 20th Avenue South - Lakehaven Utility District Costs DIRECT SALARY COSTS (DSC) for BergerABAM Personnel Hours Rate (see note) cost 1 Project Manager 4 X $58.50 = $ 234 2 Project Engineer 14 X $43.75 = $ 613 3 Structural Engineers 0 X $45.35 = $ - 4 Civil Engineers 14 X $31.97 = $ 448 5 Environmental Scientists 0 X $57.69 = $ - 6 Designers /CAD Oper /Graphics 10 X $38.46 = $ 385 7 Project Coord. /Admin 2 X $30.41 = $ 61 BERGER/ABAM Hours, TOTAL 44 Subtotal Direct Salary Costs (DSC) = $ 1,740 0% Salary Escalation (SE) for Design (assume 100% of effort in FY2013) = Subtotal (DSC + SE) = $ 1,740 Overhead (OH) 150.57% of (DSC + SE) = $ 2,619 Fixed Fee (FF) 30.00% of (DSC + SE) = $ 522 TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 4,881 DIRECT NONSALARY COSTS (DNSC) Contract Document Printing $ 500 Misc. Expenses Allocation $ - SUBCONSULTANTS TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ 500 TOTAL BergerABAM FEE (DSC + SE + OH + FF + DNSC) _ $ 5,381 TOTAL SUBCONSULTANT FEES = $ - TOTAL AUTHORIZED AMOUNT $ 5,381 CONTINGENCY FUND MANAGEMENT RESERVE FOR OTHER UNANTICIPATED PROJECT ISSUES (10 %) _ $ - TOTAL CONTRACT AMOUNT = $ 5,381 L Exhibit E -1 Page 4 of 5 \� � � ! ! k § � § ¢ § § § (§ k cezus � �. \ lb� § F: LM L■ a -� - - -© a 0 � 20 � � � f \{ ok� . a §$ . CO) Aa � 2 . . k� m � �E z . $ 2 5 m z f)�2 g LL LL 4 —2 °ate =�2 � � k 0 2 -1 &° 7 ��� /�k[ k k�U)0 u k CL #�©3ƒ k m #� \$72 2 # &o( 2w f Q__ U) � Corporations: Registration Detail Corporations Division - Registration Data Search BERGERABAM INC. Purchase Documents for this Corporation UBI Number 601110595 Category REG Profit /Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 09/27/1988 Expiration Date 09/30/2014 Inactive Date Duration Perpetual Registered Agent Information Agent Name ANN B KENNEDY Address 333019TH AVE S STE 300 City FEDERAL WAY State WA ZIP 980036395 Special Address Information Address City State Zip Governing Persons Page 1 of 2 Title Name Address 29915 2ND AVE SW President RUSTEN , ARNFINN FEDERAL WAY, WA 98003 4917 - 129TH AVE CT E Vice President GRIEBENOW , ROBERT EDGEWOOD , WA 98372 700 NE MULTNOMAH ST STE 900 Vice President WILCOX , TOM PORTLAND, OR 972324189 805 62ND AVE NE Vice President,Chairman LANIER , MICHAEL TACOMA, WA 984223815 Vice President WHITE , JOHN http: / /www.sos.wa.gov/ corps /search_detai1.aspx ?ubi= 601110595 9/26/2013 Corporations: Registration Detail Page 2 of 2 Purchase Documents for this Corporation http: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi = 601110595 9/26/2013 1606 NW 79TH CIR VANCOUVER, WA 986656626 Vice President KUMAR , VISWANATH 29427 4TH AVE S FEDERAL WAY, WA 980033666 Vice President FERNANDES , ROBERT 782145TH AVE SW SEATTLE, WA 981362217 8620 51ST STREET CT W Vice President GUARRE , JAMES TACOMA, WA 984671852 Vice President OZOLIN , ELMER 825 BERG CT NW GIG HARBOR, WA 983357709 18525 SE LAKE YOUNGS RD Secretary KENNEDY, ANN RENTON , WA 980580533 Treasurer MCDONALD , TAMMY 8220 -133RD ST E PUYALLUP , WA 98373 35636 57TH AVE S Director MAST, ROBERT AUBURN, WA 98001 Director REPLOGLE , JAMES 1561 MAGNOLIA BLVD W SEATTLE, WA 98199 Purchase Documents for this Corporation http: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi = 601110595 9/26/2013 RETURN TO: 1. 2. 4. EXT: �,� � � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS / S��Qi� OR[GINATING STAFF PERSON: l/f ►YI �l II�Le �I ��L(iY� EXT: J 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 ❑ PROFESS[ONAL SERV[CE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTA1"E DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT (AG#�: � "I 2 ❑ INTERLOCAL ❑ OTHER .'r7U!�nIP.iYLP� ��J 5. PROJECT NAME: J JL-V� � f/l� L1J" '�'�le. S --4-� ►"� SGGTI�� Zm� rnve � 6. NAME OF CONTRACTOR: .V ADDRESS: O � �I ELEPHONE: ZO�O��JI •.�•i O E-MAtL: F�� S[GNATURENAME: �R[�i�PX�'� Ferna.r�de� TITLE: ICP PiL�.St�'F'i _ 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERT�'ICATE ❑ ALL OTHER REFERENC�^E�fD1 EXFH[BITS ❑ PROOF OF AUTHOR[TY TO S[GN ❑ REQUIRED LICEN,rS�ES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # tyV�` IGl �����BL, EXP. 12/31�,�ii'f ,� UBI#�����,.,-1"I,T _, EXP. �/�/�%�� � �tN►S S�(�►��t H. TERM: COMMENCEMENT DATE: �� i�-. � 1� COMPLETION DATE. CXiC�1d5 IG'�'� � da�►e -to #" � 9. TOTAL COMPENSATION: $ 423 53 5 0o z YiO C� (INCLUDE EXPENSES AND SALES TAX, IF ANY� �i/��( % (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF PLOYEES TITC,ES AND HOL[DAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO [F YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO [F YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: �U ��"f*1'O VJ I� `� '��!�! �') I 10. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER � DEPUTY D[RECTOR p� DIRECTOR��� � 3 a � � ' C,IVIGIV I�!'CDLL� � LAW DEPT �I� ���� �• � �.��� ' . • , � ���� ,.++�� 7,/� �/����j � � 11. COUNCILAPPROVAL ([F APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT S[GNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �I3 I� ❑ ATTACH: S[GNATURE AUTHORITY, INSURANCE CERTIFICA►'E, L[CENSES, EXHIB[TS `� LAW DEPT �❑ S[GNATORY (MAYOR OR DIRECTOR� �7 CITY CLE �— 'o�ASS[GNED AG # � SIGNED COPY RETURNED �RETURN ONE ORIG[NAL COMMENTS: � '�'---_• •-_ «n � �........ . . .. IN[TIAL/ DATE S[GNED i AG# ( -1 �C'. DATE SENT: l O• � I• l� INITIAL / DATE APPROVED COUNC[L APPROVAL DATE: DATE REC'D: b/,1 I � � 11/9 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR S 320T" STREET AT 20T" AVE S INTERSECTION IMPROVEMENTS DESIGN SERVICES The local agency of the City of Federai Way desires to supplement the agreement entered into with BergerABAM, Inc. effective the 12th day of July 2011, identified as Agreement No. 11-150 as supplemented by Supplement No. 1 on July 3, 2012 and Supplement No. 2 on October 4, 2012. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 3". The changes to the Agreement are described as follows: Section IV, Time for Beainnina and Completion, shall be amended to extend the completion date to July 31, 2013. 11 Ratification. Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this Supplement No. 3, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this �_ day of ��,..,n,� . , 2013. BERGERABAM, INC. CITY OF FEDERAL WAY By: By: Robert Fer and Skip Prie Its: Vice President 33301 Ninth Avenue S., Suite 300 Federal Way, WA 98003 Its: Mayor 33325 8�' Ave S Federal Way, WA 98003 APPROVED AS TO FORM: P ricia A. Richar on, City Attorney K:\STREETS\PROJECTS\S320th at 20th Ave S\Design\Contract\AG I1-150 Supplement 3.doc RETURN TO: I�vM CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS / S��eZ�s 2. ORIGINATING STAFF PERSON: � C' � a �.� 1� n�j �? y`�S EXT: 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 ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AGI#�: r�_� s�� ❑ INTERLOCAL ❑ OTHER S tn �'! b I f,.0 o�-t' �/"� __— � i ..� 5. PROJECTNAME: �. 3Z1�� S�Fre�T d1� ���}(7�ilu� �'T�v,'f'ml'SC'L�i/)r� �wr� I`D(�PwIE+A�� G. NAME OF ADDx�ss: 3 3 30 ( /V � N� ��� S-� � Cfi(T, � r��r�� t�f/A �I �3 TELEPHONE: 22_(��- �-} 3 I- 2 3GYI'� E-MAIL: FAx: � SIGNATURE NAME:_��(2e��F- FP rua u� � TITLE: !%i LO P�e s� aH %. 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 #_�-/�� �(,('� BL, EXP. 12/31/ UBI # C'o01 /(_(7S4S , EXP. / / 8. TERM: COMMENCEMENTDATE: 7/l2/lJ COMPLETIONDATE: �/��II� = y Z��s�s� 9. TOTAL COMPENSATION: $�'j ��� � i� C{ �J. �-{ �S� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: 1,�YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $/ 6, F� / 7 IS SALES TAX OWED: ❑ YES f�NO IF YES, $ PAID BY: O CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 3�"�y C�" -( 3 �I - SGI S- 3(7 - 4 I I lO. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER �DEPUTY DIRECTOR � ,� �,�jJl Z �DIRECTOR ( ��Z��y � 9� I��'�.�11aLA�A'�..�_�TF A pDT i!'� e n r vl � LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE� y� �/�� •r' � ��C�3I ' 1, ��'.,��27 �1 L.��'��l•7��� � !� Y COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT � SIGNATORY (MAYOR OR DIRECTOR� �� '� CITY CLERK ❑ ASSIGNED AG # lj� SIGNED COPY RETURNED �RETURN ONE ORIGINAL INITIAL / DATE SIGNED AG# I' DATE SENT: I D"�-f� � 2 COMMENTS: .�L I .�L EXECUTE "�,`� ORIGINALS Co Ksu (Tq.K 1 S&M � S iqKecl o�q r�ewt2� 1� INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 1/9 �� �// p�p�t�e�t 7Y�any�artailan Sll lementai A reement Organization and Address p p 9 BergerABAM Inc. Number z 33301 Ninth Avenue S., Suite 300 Federal Way, WA 98003 Original Agreement Number AG11-150 Phone: 206-431-2300 Project Number Execution Date Completion Date 7/12/2011 5/30/2013 Project Title New Maximum Amount Payable S 320th Street at 20th Ave S Int Improvements $ 423,535.00 Description of Work Additional scope of work is required in order to obtain survey information beyond the originallimits of the project, and analyze an additional, preferred drainage option. This work will include utility locates. The Local Agency of City of Federal Way desires to supplement the agreement entered into with BergerABAM Inc. and executed on 7/12/2011 and identified as Agreement No. AGl 1-150 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: coA ,rra..�,A.� Fxhihit A_� �� Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: :`?^ �?�angP 111 Section V, PAYMENT, shall be amended as follows: eoo �++�,.1+pc1 Fxhihitc F� and C'T as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and retum to this office for final action. gy: gy: S' Pri est, Ma�nr �/f�'__'�`�+► Consultant Signatu App ving Authority Signature DOT Form 140-063 EF Revised 9/2005 In/�► / 12- Date EXHIBIT A-2 - SUPPLEMENT N0. 2 SCOPE OF WORK CITY OF FEDERAL WAY SOUTH 320TH STREEi AT 20TH AVENUE SOUTH INTERSECTION IMPROVEMENTS PURPOSE Additional scope of work is required in order to obtain survey information beyond the original limits of the project, and analyze an additional, preferred drainage option. This work will include utility locates. Additional work was performed to analyze the foundation system for proposed banner poles to be located along South 320th Street. That scope of work was previously authorized by the City and has been completed. This supplement accounts for that effort of work. PROJECT LIMITS The original project limits will now extend approximately 1,200 feet to the north on 20th Avenue South,100 feet wide with 50 feet each side of the centerline to 50 feet north of the intersection of 20th Avenue South and South 316th Street. WORK ELEMENT 1 PROJECT MANAGEMENT Additional work will be necessary for managing this work and coordinating with subconsultants and the City. WORK ELEMENT 2 QUALITY CONTROL/QUALITY ASSURANCE (QA/QC) No changes to this work element are necessary as part of this supplement. WORK ELEMENT 3 MAPPING The limits of survey are amended to include the following: 1,200 feet in the north direction along 20th Avenue South,100 feet wide, 50 feet each side of centerline to 50 feet north of the intersection of 20th Avenue South and South 316th Street. The survey control will follow the original contract requirements and the items below items supplement the original scope items. 3.2 The survey will include measure down distances to the storm drain and sanitary sewer pipe inverts. 'This will include the pipe size and pipe material if it can be determined. 3.3 All existing and proposed ADA ramps will be topographically surveyed to specifically illustrate slopes across sidewallcs and ramps, gutter lines, and crosswallcs. 3.4 Perform field survey work as required to perform cross sections at critical azeas along 20th Avenue South. 3.8 An additional mounted 1"=100' aerial photograph of the revised project area. City of Federal Way BergerABAM, SAPWT-10-031 South 320th Street at 20th Avenue S 19 September 2012 Intersection Impmvements Exhibit A-2 Page 1 of 3 3.10 No changes to this subtask are required as part of this supplement. WORK ELEMENT 4 UTILITY MAPPING This work element will follow the original contract for the additional survey area along 20th Avenue South. WORK ELEMENT 5 GEOTECHNICAL REPORT No changes to this work element are anticipated as part of this supplement. WORK ELEMENT 6 DESIGN REPORT This work element will follow the original contract and will be supplemented with the additional items listed below and as described herein. The preferred drainage alternative requires a large increase in drainage basin analysis effort (from 3.3 acres to 13.7 acres) that could not be fully analyzed within the time and budget constraints of the original contract. The design report will be modified to include this additional work. 6.1 Confirm that the original design criteria are still applicable to the additional project area. Add photos of the additional project area to the log of existing conditions alorig the conidor. Revise the 30 percent plans to include any revisions to the preliminary horizontal and vertical alignment, curb, gutter, and sidewallc locations, channelization, signalization, illumination, landscaping, wall locations, and storm drains. It is assumed that most if not all of these changes will occur witivn the additional project area. 6.3 Document the existing stormwater facilities within the revised limits of the project. Identify any SWM projects in the project vicinity proposed in the next 10 years based on review of the City's comprehensive plan and/or discussions with City staff. Document approach to treatment in a brief inemorandum for City review and approval. 6.4 Prepare a type, size, and location (TS&L) analysis for the revised stormwater treatment facilities. It is assumed that one water quality facility will be required along the corridor. Water detention will be accomplished through the City's regional system. Present findings in a brief technical memorandum for City review and approval. 6.5 Revise the draft Technical Information Report (TTR) describing the technical information and analysis of the stormwater facilities. The revised draft T'IR will be m accordance with City requirements, including a Level l downstream analysis at two locations, hydrologic calculations, detention and water quality facility design, pipe sizing calculations, and plan view layout as shown on the revised 30 percent plans. The TIR will be finalized concurrent with final design under Work Element 10. WORK ELEMENT 9 RIGHT OF WAY CALCULATIONS 'This work element will follow the original contract for the additional survey area along 20th Avenue South. The ROW will be determined along 20th Ave South based on assessor maps and plats. City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A-2 BergerABAM, SAPWT-10-031 19 September 2012 Page 2 of 3 WORK ELEMENT 10 FINAL DESIGN This work element will follow the original contract and will be supplemented with the additional items listed below and as described herein. It is assumed that five additional sheets will be required to show the additional work area along 20th Avenue South. In addition, the Consultant shall include new ADA ramps at identified intersections. 10.8 Prepare ADA ramp designs for the intersection of South 320th Street/20th Avenue South. SHEET LIST The sheet list will be rnodified as necessary to account for the additional project limits along 20th Avenue South. WORK ELEMENT 13 BANNER POLE ASSESSMENT This is a new work element that was previously approved by the City. This work included the review of three banner poles that the City wanted to use to hang seasonal banners across South 320th Street for various festivals and events. The work elements are described below. 13.1 Determine the foundation design, sizing, and depth required to support banner poles and banners to be placed across South 320th Street. The spacing shall include three poles evenly spaced with one pole in the center median and the other two poles on either side of the roadway. 13.2 Prepare a report that summarizes the findings of the foundation design and the maximum banner sizing that may be supported between the banner poles. A draft report shall be submitted to the City for review. Once the comments are received from the City, the Consultant shall incorporate any changes into the report and then issue the report in final format to the City. City of Federal Way South 320th Street at 20th Avenue S Intersecflon Improvements Exhibit A-2 BergerABAM, SAPWT-10-031 19 September 2012 Page 3 of 3 EXHIBIT E-2, PROJECT FEE DETERMINATION BergerABAM 320th St - City of Federal Way DIRECT SALARY COSTS (DSC) for BerqerABAM Personnel Hours Rate (see note) Total Costs 9/21 /2012 Cost 1 Project Manager 12 X $71.67 =$ 860 2 Project Engineer 44 X $55.41 =$ 2,438 3 Structural Engineers 14 X $43.33 =$ 607 4 Civil Engineers 72 X $41.75 =$ 3,006 5 Environmental Scientists 0 X $46.40 =$ - 6 Designers/CAD Oper/Graphics 66 X $36.97 =$ 2,440 7 Project Coord./Admin 12 X $29.76 =$ 357 BERGER/ABAM Hours, TOTAL 220 Subtotal Direct Salary Costs (DSC) _; 9,708 4% Salary Escalation (SE) for Design (assume 50% of effort in FY2011, 50% in FY 2012) _ Subtotal (DSC + SE) _ ; 9,708 Overhead (OH) 755.00% of (DSC + SE) _� 15,048 Fixed Fee (FF) 30.00% of (DSC + SE) _� 2,912 TOTAL SALARY COSTS (DSC + SE + OH + FF) _� 27,668 DIRECT NONSALARY COSTS (DNSCI Misc. Expenses Allocation $ - TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ - TOTAL BergerABAM FEE (DSC + SE + OH + FF + DNSC) _$ 27,668 SUBCONSULTANTS Hart Crowser - Geotechnicai Services ESM Consulting Engineers - Surveying Senrices Transpo Group - Signals and iliumination $ - $ 16,817 $ - TOTAL SUBCONSULTANT FEES = $ 16,817 TOTAL AUTHORIZED AMOUNT = $ 44,485 CONTINGENCY FUND MANAGEMENT RESERVE FOR OTHER UNANTICIPATED PROJECT ISSUES (10%) = $ TOTAL CONTRACT AMOUNT = $ 0 Exhibit E-2 Page 1 of 7 EXHIBIT E-2, PRWECT FEE DETERMINATION BergerABAM ENGINEER3 BergerABAM Hours 9/21/2012 Designers✓ Project Task Project Project Structural Civil Environ. CAD Oper✓ Coord. / TASK DESCRIPTION Number Mana r En ineer En fneers En Ineers Scientists Gra hics Admin. Totals TASK 1- PROJECT MANAGEMENT 1 8 10 - 2 - - 4 24 Project Coordination 1.1 4 4 8 Management of Subconsultants and Scheduling 1.2 2 4 � � 4 10 Ciry Coordination, Meetings & Prep 1.3 2 2 2� j � 6 i TASK 2 - QUALITY CONTROUQUALITY ASSURANCE 2 - - � - � - - - f - � - i � � � i Review Base Maps 2.� � - Senior Review of Geotech Plan and Report z.2 ' � � - Senior Review of Design Report 2.s � � ; � - Senior Review of 85% PS&E Package z.a ' � � i � - Senior Review of 100% PS&E Package z.s } � � � ; ! - � � TASK 3 - MAPPING 3 - - - - - - - - � Establish Horizontal and Vertical Control 3.1 � � i - Field Survey and Note Reduction 3.2 � ` i j - Topographic Base Mapping 3.3 � j � + - Cross Sections of Critical Areas 3.4 � � � � � - Utiliry Paint Markings Survey 3.5 i - Asbuilts Storm System 3.6 � � i - Supplemental Field Survey for Base Mapping/DTM 3.7 , � � � - Aerial Photograph 3.8 ; - Supplemental Survey for Storm Water 3.9 - Survey Utility POtholes 3.10 - Survey Existing Retaining Wall 3.11 - TASK 4-UTILITY MAPPING 4 - 2 - 2 - - - 4 Coordinate APS Marking of Utilities 4.1 - Obtain Utility Record drawings and Utility Mapping 4.2 2 2 4 Pothole Plan Preparation 4.3 - ExMbR E-2 Page 2 of 7 EXHIBIT E-2, PROJECT FEE DETERMINATION BergerABAM ENGINEERS BergerABAM Hours 9/21/2012 Designers/ Project Task Project Project Structura/ Civil Envlron. CAD Oper./ Coord. / TASK DESCRIPTION Number Mana er En ineer En ineers En ineers Scientists Gra hics Admin. Totals � � ; TASK 5 - GEOTECHNICAL REPORT 5 - ! - � - � - j - j - j - - � � Geotechnical Exploration Plan s.� k j i ! � � - Field Exploration s.z , ; , , ' - i Engineering Analysis 5.s ; ; ; ; - Geotechncial Report - Draft 5.4.1 � ' ! � � � - Geotechnical Repport - Final s.a.2 � ; i ; ' ' - F � I � i E � � � � � , TASK & DESIGN REPORT 6 4 i 10 I I 28 � I 4 i 6 52 Compile Design Criteria and Prepare Photo Log s.t � 2� � 4� ! ; 2 8 Evaluate Parking Impacts and Address Concerns sz ; � i ' i i - Document Existing Stormwater Facilities e.s ! 4 � � 8� � ; 12 Prepare Stormwater Treatment Facility Memorandum s.a 2 i 2; ; 8; � i 2 14 Prepare Draft TIR s.s 2 i 2 i j 8' , 4; 2 �s Prepare Construction Staging Concepts s.s I ' . . . . . . . . . . . i ......................... i...,.............,....... �.....,.,...... ,......... � - in irmn .� j e ::::::::::::::.: Anal e New Pavement Des Re u e e ts s :.:.:.> :.:...:..:.:..................................... ......:::........�::.::: YZ q ::::::::::::::::::::::::: ::::::::::::::::::::::::: ::::::::::::::::::::::::: :: 9 ]:.: :...:.:.:.:.:c:.:.:.:.:.:.:.:.:.:.:.. : ..:.:.. : ... ........... i;i;i�iii•Ji�:�:�:�:�:�:�:�:�:K:�:�:�:�:�:�:�:�:�:�:�:�: :�:�:�:�:�:::�:�:�:�:::�: i�i�5��i�i�i�i�i�i�i�i�i�i�i�i���i�i�i�i�i�i�i�i�i�i�i�i���i�i�i�i�i�i�i�i�i�i�i�i�7�i�i�i�i�i�i�Jiiiii�...� .•.•.•.•.�.•.�.•.�.�.•.•..•.�.�.�.�.�.�.�.�.�.�.�..�.�.�.�.�.�.�.�.� �.�.�. Anal e and Pre are a Prelimina Illumination Layout s.a ....:f .:.:.:.:...:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.,._.:.:. .:.:.:.:._.:.:.:.-:.:.:. YZ P rY ::::: q ::::::::::::::::::::::::: �:::::::::::::::::::::::::: :::::::::::::::::::.... � . . . . . . . . . . . . .; . . . . . . . . . . . . . . . . . . . . . . . . . . Develop Retaining Wall Cross Section Alternatives s.s ���E ���� ; i i ! - Estimate Quantities and Prepare Preliminary Costs 6.10 � � � j � 1 - � Prepare an Analysis of Right-of-Way Requirements s.�� I ; ; i i ; - Prepare Draft and Final Design Report s.�z � � ; ; ; � - � � ; � ' � i , � TASK 7- ENVIRONMENTAL 7 - ' - � - � - ! - � - � - - i i � F i i Prepare a SEPA Checklist 7.1 ; j � � � i - Prepare Notice of Intent for NPDES Permit 7.2 ; � � � i � - f i i i TASK 8 - COMMUNITY AND AGENCY COORDINATION 8 - � - ! - i - ' - i - ' - - Prepare Meeting Minutes (Assume 6 Meetings) 8.1 � � � i - Attend Utility Coord Meetings (Assume 2 Meetings) 8.2 � � � i - Attend One Community-Wide Open House 8.3 ' � - Prepare Open House Flyer And Exhibits / Attend 5 Mtgs 8.4 � � , _ I Exhibit E-2 Page 3 of 7 EXHIBIT E-2, PROJECT FEE DETERMINATION BergerABAM ENGINEERS BergerABAM Hours 9/21/2012 Designers✓ Project Task Project Project Structural Civil Environ. CAD Oper./ Coord. / TASK DESCRIPTION Number Mana er En ineer En ineers En lneers ScienfTsts Gra hics Admin. Totals TASK 9 - RIGHT OF WAY CALCULATIONS 9 - - - - - - , - - i Research Records 9.1 ' - Determine and Order Title Reports 9.2 j - Calculate Right of Way 9.3 i - Right of Way Acquisition 9.4 � - � f i � i , i i i i TASK 10 - FINAL DESIGN 10 - � 20 j - j 40 � -' 60 ; - 120 s ; i j � E Roadway Design and Drawings (assume 5 sheets) 10.10 to .20 ; 20 � E 40 � � 60 � t2o Prepare Final TIR 10.14 � � � ; j ! - Corrdinate wth Utilities 10.18 ; ; � � ; ' - Prepare Contract Specifications 10.21 � j ; � � � - i � � i i ! i ! i i i TASK 11 - PLAN PRODUCTION 11 - I - � - ! - � - � - � - - i i j � ! Submit PS&E Package for 85% and 100% Review 11.1 � � � � � � - Submit PS&E Package for Advertising � �.2 � ; � � ; � - i i ! i t i � i � i TASK 12 - ASSISTANCE DURING BIDDING 12 - ; - ; - i - � - ' - ; - - Prepare addenda (3) and respond to bidders questions 12.1 ; � ' � � E - i i � � � i i TASK 13 - BANNER POLE ASSESSMENT 13 - i 2 i 14 i -; - ; 2; 2 20 � i i i i E Assess Banner Pole Foundations Across 320th ST 73.1 -! 1� 10 ; � i 2 I 13 Prepare Technical Memorandum 13.2 - � 1! a � 2 7 TOTAL ALL TASKS: 12 44 , 14 72 - 66 12 ; 220 i Exhibit E-2 Page 4 of 7 EXHIBIT G-2 SUBCONSULANT FEE DETERMINATION AND STAFF HOUR ESTIMATE DIRECT SALARY COSTS (DSC) Personnel 1 Senior PLS 2 Project Manager 3 Survey Technician 4 Scanning Technician 5 Survey Crew-Party Chief 6 Survey Crew-Chainman 7 GIS Technician Hours 8 23 44 0 43 43 3 X X X X X X X Rate $52.88 $38.38 $29.00 $24.00 $27.22 $24.20 $24.00 _ $ _ $ _ $ _ $ _ $ _ $ _ $ ESM Fee 9/21 /2012 Cost 423 883 1,276 1,170 1,041 72 Hours, TOTAL 164 Subtotal Direct Salary Costs (DSC) = 5 4,865 Salary Escalation (SE) = 4% of DSC =� 195 Subtotal (DSC + SE) _ $ 5,059 Ovefiead (OH) 152.98% of (DSC + SE) _� 7,740 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 1,518 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 14,317 DIRECT NONSALARY COSTS (DNSCI Mileage for Site Visits miles @ $ - Plots @ $ - Copies @ $ - Fax @ $ - GPS hours @ $ - Vessel days @ $ - Per Diem days @ $ - Lodging days @ $ - County Research estimate @ $ - TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ - SUBCONSULTANTS Utility Locate Firm (APS) TOTAL FEE (DSC + SE + OH + FF + DNSC) _$ 14,317 $ 2,500 TOTAL SUBCONSULTANT FEES = $ 2,500 TOTAL AUTHORIZED AMOUNT = $ 16,817 Page 5 of 7 EXHIBIT G2 - SUBCONSULTANT STAFF HOUR ESTIMATE ESM Hours 9/21 /2012 ACtivity Survey Survey /Dwg. Senior Project Survey Scanning Crew Crew GIS TASK ACTIVITY DESCRIPTION No. P�S PM Technlcian Technician Parly Chief Chainman Tech Totals WORK ELEMENT 3 Eatablish horizontal and vertical control 3.1 1 1 4 4 10 Field Survey and Note Reduction 3.2 1 4 16 16 37 Topographic Base Mapping 3.3 2 2 24 28 Cross Sections of critical areas 3.4 1 2 3 3 9 Utility Paint Markings survey 3.5 1 1 3 4 4 13 Asbuilts Storm System 3.6 1 6 8 8 23 Supplemental Field Survey for Base Mapping/DTM 3.7 1 4 4 9 Aerial Photograph 3.8 2 3 5 Supplemental Survey for Storm Water 3.9 1 1 4 4 10 Survey Utility Potholes 3.10 - SUBTOTAL WORK ELEMENT 3 3 11 41 0 43 43 3 144 WORK ELEMENT 4 -UTILITY MAPPING Coordinate APS Marking of Utilities 4.1 1 4 5 Obtain Utility Record drawings and Utility Mapping 4.2 1 4 5 Prepare a Potholing Plan 4.3 - SUBTOTAL WORK ELEMENT 4 2 8 0 0 0 0 0 10 Page 6 of 7 EXHIBIT G2 - SUBCONSULTANT STAFF HOUR ESTIMATE ESM Hours 9/21 /2012 ACtivity Survey Survey /DWg. SeNor Project Survey ScanNng Crew Crew GIS TASK ACTIVITY DESCRIPTION No. PLS PM Technician Technician Party Chief Chainman Tech Totals WORK ELEMENT 9- RIGHT OF WAY CALCULATIONS Research Records 9.1 2 2 4 Determine and Order Title Reports 9.2 - Calculate Right of Way 9.3 1 4 1 6 Right of Way Acquisition 9.4 - SUBTOTAL WORK ELEMENT 9 3 4 3 0 0 0 0 10 TOTAL ALL TASKS S 23 44 0 43 43 3 164 Page 7 of 7 RETURN TO: ���� I EXT: "Z '1 c�7� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLICWORKS/ Stre�� 2. ORIGINATING STAFF PERSON: (� r tGt v� R� �n P. C'"� S EXT: Z? Z� 3. DATE REQ. BY: TYPE OF DOCUMEPiT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION l�CONTRACTAMENDMENT�AG#�: I I � ❑ INTERLOCAL �❑�OTHER Sct a P I e wt2 h� � I 5. PROJECT NAME: S 3���' ��rt�'T a"r 2(`�� ��H ��£' S ZK"'�er SPc�lO vi �w_o tor� w�eK�c 6. NAME OF CONTRACTOR: 1 R A ADD�SS: 3� 3 01 N� h t� v� S� S 3c� FccEe Rz( r.Ja� � �ic.�f� �l FS D'D� E-MAIL: SIGNATURE NAME: l�o ber'� r� r na K.�P c TELEPHONE: �OCo-'131 - 2300 TITLE: (l«�t Prts � c�a. 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 # Bt; -!01 S�P3 BL, EXP. 12/31/ UBI # Co/7/ 1/O SZJ � , EXP. / / H. TERM: COMMENCEMENT DATE:� � COMPLETION DATE:_ �`� 1 9. TOTAL COMPENSATION: $ 7 �1, /3 Sl� � tP� _� 3 7�(� � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOU YRL�LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO ES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ IF YES, $ PAID BY: ❑ CONTRACTOR o CITY ❑ PURCHASING: PLEASE CHARGE TO: 30(0- `i N OD- / 3°l S°�� 3(� �°f l( 10. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER �DEPUTY DIRECTOR �DIRECTOR Diov Tdei.Tnno*LC �TF pppi irea. c� ¢�LAW DEPT 11. COUNCIL APPROVAL (IF APPLtCABLE� ��� , ` �'�� V� Q� .� � COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �'�� II Z ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �'L,AW DEPT �SIGNATORY (MAYOR OR DIRECTOR� �CITY CLERK ❑ ASSIGNED AG # 1�JSIGNED COPY RETURNED T �RETURN ONE ORIGINAL COMMENTS INITIAL / DATE SIGNED _ /1 AG# II-15D1� DATESENT: �"'��IZ. INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: �` J! I Z- 1/9 � � Washingtan State Departmer�t of 7�ransportation S LI lemental A reement Organization and Address pp g Berger.ABAM Inc. Number 1 33301 9thAve S., Ste 3Q0 Federal Way, WA 98003 � Original Agreement Number AG1 I-150 Phone: 206-431-2300 Project Number Execution Date Campletion Date 7/12J2011 5/30/2012 P�oject Title New Maximum Amount Payable S 320th Street at 20th Ave S Int Impmvements � 379,050.04 Description of Work Intersection improvements design services The Local Agency of City of Federal Way desires to suppiement the agreement entered into with Ber�erABAM Inc and executed on 7/12/2011 and idenkified as Agreement No. AGI 1-150 Ali provisivns in the basic agreement remain in effect except as expressly modi�ed by this supplement. The changes to the agreement are described as follows: Section 1, SC�PE �F WORK, is hereby changed to read: u� �t,angP �� Section IV, TIME FoR BEGINNING AND COMPLET is am to change the number of calendar days for completion of the wa�k to read: r�.,+,��t Pfl� (19�P PV�ATIlIAA �'!1 �r.en���1 � fll Section V, PAYME(dT, shall be amended as follows: Nn ehangP as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Ca�sultant Signa re DOT Farm 740-063 EF Revised 9V2005 By: �ki�PriPi� Ma��r A ving Authority Signature ��.1.� 3 2�� -�- Date � ' _ ' :'p EXT: o . RETURN TO: � , � �;°�� � ; - �, CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM L ORIGINATING DEPT/DIV: PUBLIC WORKS / �,.�'j"'t� P r fZ 2. ORIGINATING STAFF PERSON: i� i+�;�►^ I� `� I�'' I k';i. �q EXT: Z 7 Z 2- 3. DATE REQ. BY: ��r. ''�// 4. TYYE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� �l PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICEAGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT�AG#�: ❑ INTERLOCAL L�1 OTHER ., G.. r', ai�, • r:t �s-t rr�ca f S. PROJECTNAME: S ; L L'� S��r 1 � � �� C~ F'ev�Cv�v(' ��v+ �t'✓'iL'.c't `,< .1vr�. jrl`C Le°'r+-+(� �t^ 6. NAME OF CONTRACTOR: �t� C''" 1Q ►� �}1� �-v+ ' ADDRESS: ���v I�U''.��{+ 1�+�'�h�+.uc' � 5✓� '�L`t �fi�°'Z��',-n�� W:,,� L..rff''f�G'�^'> TELEPHONE�Z� E-MatL: FAx: SIGNATURENAME: 1`�I>c^t' Le�'v.t,.v�i��s TITLE: I'�'C� P'rG ".crc: /` 7. EXHIBITS AND ATTACHMENTS: �' SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ,6 ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS CFW LICENSE # �''.�` "t'''��'��- "�: � BL, EXP. 12/31/ 4 j UBI # ���I�lG ,� �S �. , EXP. �l �3't^l 1G // 8. TERM: COMMENCEMENT DATE: U� v n �y,�� �•.�., ��4--.- _ COMPLE'I'ION DATE: / r� �i 2 t'' � 7 - 9. TOTAL COMPENSATION: $ j 7�� G' 3 L� �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 IFYES, MAXIMUM DOLLARAMOUNT: $ �is � ys � 3 IS SALES TAX OWED: ❑ YES �dd'NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY IS, PURCHASING: PLEASE CHARGE TO: �' �'``� L��� '" � `l ' � �S �" �>'v ' lO. DOCUMENT / CONTRACT REVIEW q(PROJECT MANAGER ❑ DIVISION MANAGER �,� ���� �DEPUTYDIRECTOR l�'I r)('` �DIRECTOR � ❑ RISK MANAGEMENT �IF APPLICABLE� ;� 1,'f.( [�' LAW DEPT INITIAL / DATE REVIEWED �"'�. E�Lz��t ,� ' - "L7 = f ; ` ,,.-r,, . �.-.�i ' INITIAL / DATE APPROVED 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCILAPPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ( �I �� SENTTO VENDOR/CONTRACTOR DATE SENT: 1l f� r ��� DATE REC'D: �TTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS -� � ' �Law DEpT IGNATORY �MAYOR vit b: e`°� � ' � CITY CLERK � � � ASSIGNED AG # SIGNED COPY RETURNED �RETURN ONE ORIGINAL INI L / DATE SIGNED � .. AG# ' � DATE SENT: COMMENTS: EXECUTE Z ORIGINALS C���-C. S i�nr t� /�' l z ,/��'� 2 % �i�%i1 �`7 �-c r c �' l�/'a� '� ��` -�� �"s � C='°� s �.� �{z, ��t� 11/9 Local A enc ConsultanUAddress/Telephone g y Berger ABAM Inc. Standard Consultant Berger ABAM Inc. Agreement 33301 Ninth Avenue S, Suite 300 — Federal Way, WA 98003 � Architectural/Engineering Agreement ❑ Personal Services Agreement (206)431-2300 Agreement Number __ _--. ---- Project Title And Work Description Federal Aid Number S 320th Street at 20th Avenue S Intersection Improvements Design Services Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Yes � No % ❑ Actual Cost -- Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 91-1422812 � Fixed Overhead Rate 1 55.00 %, Do you require a 1099 for IRS? Completion Date Fixed Fee $ 27,747.00 _❑ Yes � No _ May 30, 2012 ❑ Specific Rates Of Pay Total Amount Authorized � 379,0 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work I Maximum Amount Payable $ 379,050.00 Index of Exhibits (Check all that apply): � E�ibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification � Exhibit C Electronic Exchange of Data ❑ E�ibit D-1 Payment - Lump Sum � E�ibit D-2 Payment - Cost Plus ❑ E�ibit D-3 Payment - Hourly Rate ❑ E�ibit D-4 Payment - Provisional � Exhibit E-1 Fee - Lump/Fixed/iJnit � E�ibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work � Exhibit G-1 Subconsultant Fee � E�ibit G-2 Fee-Sub Specific Rates � Exhibit G-3 Sub Overhead Cost � E�ibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � E�ibit J Alleged Consultant Design Error Procedures � E�ibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase � E�ibit M-la Cansultant Certification � Exhibit M-]b Agency Official Certification � E�ibit 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 _��(, ��, , 201 1 _, between the Local Agency of City of Federal Way , Washington, he�er called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form �40-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall 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 Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups ar individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice priar to meetings requiring CONSULTANT participation. The minimum required hours or days notice shali 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 SUBCONSUL'I`ANT, 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 E�ibit "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 or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time, V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENTD 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 �vork as shown in E�ibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.01 l. 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 ar secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee �vorking 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 ar otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSUI.TANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the wark 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. Vill 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 ] 26 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civi] Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached E�ibit "H" in every sub-coritract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of wark originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the wark by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT far any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall 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 Legai Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction 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 properiy 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 ofthe 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 E�ibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, E�ibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and E�ibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, ar 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. CONSULTANT: Berger ABAM InP� 1'.� j �' s % � �: / ���"���'�---.. y l ,� Robert Fernandes, Vice President 33301 Ninth Avenue s, Suite 300 Federal Way, WA 98003 AGENCY: CITY OF FEDERAL WAY By ` Ski riest. Mayor 33325 8` Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: �`���� -��� Patricia A. Richardson, City Attorney DOT Form 140-089 EF Revised 312008 Page 8 of 8 Exhibit A-1 City of Federal Way S 320 Street at 20 Avenue S Intersection Improvements Berger/ABAM Scope of Work June 6, 2011 PURPOSE The purpose of project is to improve corridor operations through the installation of dual left-turn lanes. New sidewalks, roadway illumination, replacement of the existing traffic signal at South 320th Street at 20th Avenue S, landscaping, and utility relocation will also serve to improve the safety and aesthetic character along South 320th Street. PROPOSEDIMPROVEMENTS Proposed improvements for South 320th Street include ■ Roadway widening, as required, to provide two left-turn lanes in both directions ■ Installation of curb, gutter, and sidewalk along the south side of the roadway ■ Upgraded stormwater collection, treatment, and detention facilities ■ Installation of a new roadway illumination system ■ Replacement of the existing traffic signal at 20th Avenue S ■ Landscaping restoration per City standards PROJECT LIMITS This project extends improvements on the east and west legs of the intersection of 20th Avenue S. The side streets will be improved to the minimum extent necessary to provide a smooth transition into South 320th Street. The improvements on South 320th Street extend a maximum of 500 feet from the east and west curb lines of 20th Avenue S. City of Federa] Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPPWT-11-126 6 June 2011 Page 1 of 14 WORK ELEMENT 1 PROJECT MANAGEMENT The estimated project duration is nine months. The work will be completed in accordance with a mutually agreed upon detailed plan/schedule to be developed by the CONSULTANT within two weeks of the notice to proceed. No design work will proceed after completion of the Design Report (30 percent plans), without written authorization from the CITY. No design work will proceed after the submittal of the 85 percent plans, specifications, and estimate (PS&E) without written authorization from the City. 1.1 Provide project management administrative services, including — Project set-up and execute agreement — Execution of subcontractor agreements — Preparation of monthly progress reports and invoices — Record keeping and project closeout 1.2 Provide overall project management, including — Project staff management and coordination — Subcontractor management and coordination — Prepare and update project schedule — Schedule and budget monitoring 1.3 Coordinate with CITY staff, including preparation and attendance of up to nine monthly coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of two CONSULTANT staff at each of the following meetings. — One formal kickoff meeting at project start — One formal kickoff meeting upon reauthorization to proceed following 30and 85 percent approval — Monthly meetings at the City throughout the project duration (estimate 6). WORK ELEMENT 2 QUALITY CONTROL/QUALITY ASSURANCE (QA/QC) The CONSULTANT shall provide internal QA/QC reviews of the following major work elements prior to submittal to the CITY. 2.1 Field review completed base maps for completeness and accuracy, and incorporate findings. 2.2 Provide senior review of geotechnical investigation plan and report. 2.3 Provide senior review of design report. City of Federal Way BergerABAM, SPPWT-11-126 South 320th Street at 20th Avenue S 6 June 2011 Intersection Improvements Exhibit A Page 2 of 14 2.4 Provide senior review of 85 percent PS&E. 2.5 Provide senior review of 100 percent PS&E. WORK ELEMENT 3 MAPPING Limits of survey: South 320th Street from 500 feet east of the east curb of 20th Avenue S to 500 feet west of the west curb of 20th Avenue S; 200 feet wide, 100 feet each side of centerline of the South 320th Street centerline; 200 feet in each direction along 20th Avenue S, 100 feet wide, 50 feet each side of centerline. Pick up building corners that lie within the limits described above. 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Federal Way Datum. Approximately four control points will be established and will be made available for the construction Contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Per RCW 58.24.040, the CONSULTANT will prepare an application for a permit to remove or destroy any applicable survey monument(s), should such monument(s) fall within the construction area. Monumentation destroyed during the construction process shall be re-established by a Washington State licensed land surveyor. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following. — Section corners — Side street monuments — Monuments on South 320th Street, centerline, construction, and any monument shown or found as indicated on survey records 3.2 Field Survey and Note Reduction. PerForm note reduction of the field survey data. 3.3 Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in Civil 3D/AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, building awnings, signs, trees, curbs, sidewalks, utility poles, signal poles and other surFace features within the mapping area as describe above. The mapping shall include data collected under Work Element 4, including pipe sizes and inverts. Pipes shall be drawn connecting the existing storm drain and sanitary sewer structures, and other utility lines such as water, power, and communication lines based on field data and record drawings. One-foot contours will be generated from the DTM. Field survey to establish existing pavement surFace elevation on South 320th Street and all side streets within the limits of the project described above. Profiles of the existing roadway surface will be surveyed along the edge City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPPWT-11-126 6 June 2011 Page 3 of 14 lines and along turn lane lines and at the roadway crown line. Points will be surveyed at approximately 50-foot intervals on South 320th Street and all side streets within the project limits. 3.4 Fietd survey work to perform cross sections at critical areas along South 320th Street. Cross sections of the existing ground will be taken at 25-foot intervals along the roadway edge and where necessary up to the face of existing buildings and The Commons entrance sign. 3.5 Field survey to locate paint marks in Work Element 4.1 at 50-foot intervals and surface feature (valves, manholes, catch basins, junction boxes vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. 3.6 Perform observation and measure-downs of existing storm drain catch basins and manholes. The approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surFace. 3.7 After a design alternative is selected, supplemental field surveying may be necessary to update the base map and digital terrain model (DTM). Create the DTM from data supplied in 3.3. � 3.9 Obtain a mounted 1"=100' aerial photograph of the project area. Supplemental surveying for stormwater treatment, detention facilities, and storm drainage connections. 3.10 Survey utility potholes. For estimating purposes, it is assumed that 10 potholes will be required. 3.11 Survey existing ground profile at retaining wall footing and top of wall locations. WORK ELEMENT 4 UTILITY MAPPING 4.1 Applied Professional Services (APS) and/or utility purveyor will mark all utility locations within the project corridor so that they can be surveyed in Work Element 3.5. Service line locations and gravity storm and sewer will not be field located or mapped. 4.2 Request utility companies' record drawings and update utility mapping prepared in 3.5. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e., adding the type of water main, and type, location, and symbol of water valves). Utility depths wi�l not be shown with the exception of those described in Work Element 3.10. City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPPWT-11-126 6 June 2011 Page 4 of 14 4.3 Coordinate with the utility companies and identify locations for potholing based on the preferred design alternative. The CONSULTANT will prepare a potholing plan for review and approval by the CITY. All potholing will be performed under the direction of the utility owners and is not included in this scope of work. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction Contractor. Survey of potholing information will be included in Work Element 3.10. WORK ELEMENT 5 GEOTECHNICAL REPORT 5.1 Geotechnical Exploration Plan: The CONSULTANT will prepare a geotechnical exploration plan that identifies the location and type (boring, test pit) of investigation to be perFormed at each exploration location along the project. The exploration plan will include 1"=40' plan views showing these locations. A written description for the type of analysis to be performed will be prepared. The CONSULTANT will obtain and review existing information; coordinate and plan access and restoration for test holes; and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the CITY. 5.2 Field Explorations: The field exploration program will consist of borings to characterize soil and groundwater conditions to support design of retaining walls, stormwater vaults, stormwater conveyance pipelines, and signal pole foundations. 5.2.1 Borings. Complete a series of five borings to depths of about 15 to 20 feet below existing road grades to characterize subsurFace soil and groundwater conditions for the proposed stormwater conveyance pipeline, detention vaults, retaining walls, and signal pole foundations. A boring will be located at each proposed vault location (one total), and four additional borings at new signal pole locations and about 500 to 700 feet spacing along roadway corridor to fill in gaps. The borings will be completed by a reputable drilling contractor under subcontract to the CONSULTANT with a truck-mounted drill rig advancing hollow-stem augers. The CONSULTANT will mark the boring locations in the field and arrange for underground utility location ("call before you dig") prior to drilling. 5.2.2 Geotechnical Laboratory Testing. Complete a limited geotechnical laboratory testing program consisting of natural moisture content determinations and grain size analyses (course-grain soil) and/or Atterberg limit determinations (fine-grain soil) on selected soil samples from the borings to aid in classifying site soils and determining pertinent engineering properties of the soil. We have budgeted for four moisture content determinations and three grain size analyses/Atterberg limit determinations. ■ Assumptions City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPPWT-11-126 6 June 2011 Page 5 of 14 - All subcontractors, equipment subcontractors, laboratories, traffic control personnel, and other related subcontractor personnel will be selected, hired, and paid by the CONSULTANT. - Appropriate traffic control, consisting of flaggers and warning signs, will be provided during the falling weight deflectometer (FWD) survey, pavement coring, and drilling of borings. The CONSULTANT will submit a traffic control plan to the CITY for approval prior to commencing field explorations. - The CITY will provide a no-cost street use permit. - Assume one day to complete the FWD survey. - This project has a budget for a total of 100 feet of drilling. - Soil sampling will be in accordance with ASTM D1586 (Standard Penetration Test procedure), ASTM D3550 (Ring-lined Barrel Sampling of Soil), and ASTM 1587 (Thin-Walled Tube Sampling of Soil). - Pavement cores and borings located in streets and/or driveways will be patched with fast-setting concrete. - Piezometers will not be installed in the borings. Groundwater levels at the time of drilling (if encountered) will be recorded. - Field exploration will be performed during the daylight hours. - Soil cuttings must be disposed of off site. - Utility clearing will be the responsibility of the CONSULTANT. - Soil samples will be disposed of 30 days after the date of the final report. - Assume the soil samples are not contaminated; if they are the CONSULTANT will contact the CITY to determine the course of action. ■ Deliverables - Traffic control plan - Geotechnical exploration plan 5.3 Geotechnical Engineering Analyses The CONSULTANT will develop geotechnical engineering conclusions and recommendations in accordance with WSDOT Standard Specifications for design and construction of the proposed roadway improvements, including City of Federal Way BergerABAM, SPPWT-11-126 South 320th Street at 20th Avenue S 6 June 2011 Intersection Improvements Exhibit A Page 6 of 14 ■ MSE Retaining Walls: reinforcing type, length, and vertical spacing, foundation support requirements, and wall backfill and drainage recommendations. ■ Earthwork: temporary and permanent slope configurations, suitability of on-site soil for reuse as structural fill, import fill criteria, fill placement criteria, and pavement subgrade preparation. ■ Stormwater Facilities: construction dewatering considerations; excavation and retention; lateral earth pressures for design of temporary shoring; pipe foundation support, pipe bedding and initial backfill materials; suitability of excavated soil for use as trench backfill; backfill compaction criteria; foundation support and lateral earth pressure for design of below-grade vaults; vertical loads on pipe and buried structures; uplift resistance; passive soil resistance and ultimate soil/pipe friction for resistance to lateral loads. ■ Signal pole foundations based on WSDOT standard design procedures. ■ Pavement: overlay and new pavement thickness per AASHTO 1993 design procedures. ■ Assumptions - CITY will provide traffic data (design life, ADT, growth factor) for pavement design. 5.4 Geotechnical Report The results of our field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft geotechnical report for review by the CONSULTANT and the CITY. The draft report will be provided for review by the project team. Upon receipt of review comments, the CONSULTANT will address the comments and submit a signed and sealed geotechnical report. ■ Deliverables - An electronic copy (in pdf format) and two bound copies of the Draft Geotechnical Report. - An electronic copy (in pdf format) and two bound and one unbound copies of the Final Geotechnical Report. WORK ELEMENT 6 DESIGN REPORT Prepare a design report. The report will include the 30 percent plans and cost opinions for the project. 6.1 Compile and review data and records from the CITY, other agencies, and utilities. Document the design criteria that will be used to develop and evaluate City of Federal Way BergerABAM, SPPWT-11-126 South 320th Street at 20th Avenue S 6 June 2011 Intersection Improvements Exhibit A Page 7 of 14 alternatives. Design criteria will be per the WSDOT Design Manual. Prepare photo log of existing conditions along corridor. Prepare 30 percent plans, which will include the preliminary horizontal and vertical alignment, curb, gutter, and sidewalk locations, channelization, signalization, illumination, landscaping, wall locations, and storm drains. 6.2 Evaluate parking impacts/remedies as appropriate to achieve the CITY's access goals. Address concerns raised during community open house meetings and one-on-one property owner meetings included in Work Element 8. The CONSULTANT will prepare a plan and profile for each existing access along the project. 6.3 Document the existing stormwater facilities within the limits of the project and document applicable stormwater regulations, standards, hydrology, and hydraulic design criteria. Identify any SWM projects in the project vicinity proposed in the next 10 years based on review of the CITY comprehensive plan and/or discussions with CITY staff. Document approach to detention and treatment in a brief inemorandum for CITY review and approval. 6.4 Prepare a type, size, and location (TS&L) analysis for stormwater treatment facilities. It is assumed that one water quality facility will be required along the corridor. Water detention will be accomplished through the CITY's regional system. Present findings in a brief technical memorandum for CITY review and approvaL 6.5 Prepare a draft Technical Information Report (TIR) describing the technical information and analysis of the stormwater facilities. The draft TIR will be in accordance with CITY requirements, including a Level 1 downstream analysis at two locations, hydrologic calculations, detention and water quality facility design, pipe sizing calculations, and plan view layout as shown on the 30 percent plans. The TIR will be finalized concurrent with final design under Work Element 10. 6.6 Prepare preliminary construction staging concepts for the preferred alternative. Traffic control requirements and construction sequencing criteria will be described in the design report. No plans will be prepared until final design. 6.7 Analyze pavement design requirements for new pavement sections and overlay sections using 1993 AASHTO Design Methodology. Complete a truck classification study to provide the type and percentage of trucks traveling the corridor. The truck classification study will collect data in each existing through lane at two locations (east leg and west leg) within the project limits. Existing and projected traffic counts will be provided by the CITY. 6.8 Analyze illumination to provide levels consistent with the current CITY illumination standards. Prepare a preliminary layout of the street illumination system and include supporting calculations as an appendix to the design report. City of Federal Way BergerABAM, SPPWT-11-126 South 320th Street at 20th Avenue S 6 June 2011 Intersection Improvements Exhibit A Page 8 of 14 6.9 Develop retaining wall cross section alternatives (plan and typical section) and comparative level of opinion of cost. It is anticipated that walls will be either MSE or Modular Block. In determining the type of wall to use, the CONSULTANT will analyze cost and constructability of each wall system. Detailed design of the wall will be performed under Work Element 10. 6.10 Estimate preliminary quantities and prepare preliminary opinions of probable cost for construction. 6.11 Prepare an analysis of preliminary right-of-way (ROW) requirements based on existing property lines, estimated required takes, easements, and changes to current access. The CITY will provide the required width of ROW for affected roadways and copies of associated plats, short plats, boundary line adjustments, development agreements, real property right dedication documentation, existing easements, and other related real property encumbrances. Title reports in Work Element 9.2 may provide similar information. 6.12 Compile and prepare the draft and final design report. Five bound copies and one unbound original will be submitted for the draft and final reports. WORK ELEMENT 7 ENVIRONMENTAL 7.1 SEPA Checkfist. The CONSULTANT will prepare a SEPA checklist. The checklist will also include a discussion of stormwater treatment and detention, which will be based on information provided under Work Element 7. ■ Assumptions — The project will be determined to be either a Determination of Nonsignificance (DNS) or a Mitigated DNS. The project will not result in a Determination of Significance. ■ Deliverables — An electronic and paper copy of the draft SEPA Checklist in Adobe PDF — An electronic and six paper copies of the final SEPA checklist Adobe PDF 7.2 Environmental Permits The Contractor will prepare a Notice of Intent letter for submittal to the Washington Department of Ecology for a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit. ■ Assumptions — The CITY will submit all permit application materials to the resource agencies and will pay all permit fees. — The CITY will prepare and publish all required public notices for the permits City of Federal Way BergerABAM, SPPWT-11-126 South 320th Street at 20th Avenue S 6 June 2011 Intersection Improvements Exhibit A Page 9 of 14 — No other environmental permits besides the NPDES will be required for this project. ■ Deliverables — An electronic copy of the draft application materials in Adobe PDF — An electronic and six paper copies of the final application materials WORK ELEMENT 8 COMMUNITY AND AGENCY COORDINATION. E�il E:� � Provide meeting minutes and action items from CITY arranged project meetings with cooperating and permitting agencies (assume six meetings). Arrange and coordinate up to two project meetings with the utility companies. Provide meeting minutes and action items. Attend one community-wide open house. 8.4 Prepare an open house flyer, one roll-plot at 20 scale, cross-section exhibits, landscaping exhibits, a project schedule exhibit, and two other design exhibits as required for the open house. Attend up to five meetings with groups of abutting property owners and/or tenants. WORK ELEMENT 9 RIGHT OF WAY CALCULATIONS Perform the following work items necessary to establish the ROW corridor for this project. 9.1 9.2 Research Records. Determine which existing corners and monuments should be field located and surveyed. Determine and order title reports. Cost for the title reports will be billed directly to the CITY. 9.3 Calculations for ROW centerline alignment and ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. The CONSULTANT will determine the centerline alignment for South 320th Street within the project limits as defined in this scope. The ROW centerline will be defined geometrically using Washington State plane coordinates and stationing will be assigned to the alignment. 9e4 The CITY believes that no ROW acquisition will be necessary for this project based on agreements in place with adjacent property owners, including tracts and easements provided per Work Element 6.11. If ROW acquisition becomes necessary, based on the preliminary layout, the contract will be supplemented to add the additional work. VIIORK ELEMENT 10 City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements ' FINAL DESIGN BergerABAM, SPP4VT-11-126 6 June 2011 Exhibit A Page 10 of 14 The CONSULTANT shall prepare one set of PS&E for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. CITY standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the state of Washington. 10.1 Assemble a title and index sheet that would include a vicinity map. 10.2 Assemble a sheet for symbol and abbreviation legends, and general notes 10.3 Prepare construction staging plans that illustrate a method by which the Contractor could perform the required work while minimizing, to the extent possible, the impacts on traffic and access to adjacent property. 10.4 �i[��� Prepare roadway typical sections. Prepare paving detail sheets. 10.6 Prepare a schematic map showing survey control monuments location and their coordinate values. 10.7 Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. 10.8 Prepare alignment, paving, and grading plans. These plans will include horizontal alignment information and plan views of pavement planing, grading and paving limits, as well as limits of cut/fill required and retaining walls. 10.9 Prepare roadway profiles for South 320th Street and 20th Avenue S. These plans will include roadway profiles required within the project limits. Roadway centertine and curb flow line elevations (left and right) will be shown at 25-foot intervats. 10.10 Prepare private driveway plan and profile drawings, including any required parking revisions. 10.11 Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings, including lane lines, crosswafks, turn arrows, bicycle lanes, stop lines, and curb face painting. These plans will also show the locations and sizes of all signs. 10.12 Prepare drainage detail sheets, depicting special or nonstandard drainage features. For budgeting purposes, it is assumed that treatment facilities will consist of underground vaults or filters. KCRTS software will be used for hydrology and facility sizing. Precast vault elements are assumed with no structural design needed and treatment facilities will be manufactured stormwater treatment devices. City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPP4VT-11-126 6 June 2011 Page 11 of 14 10.13 Prepare drainage plans and profiles. These plans will include information and plan views of storm drainage system, including type, size, and location of pipes; catch basins; oil control devises; stormwater detention, and treatment facilities. 10.14 Prepare final TIR addressing draft TIR comments from the CITY at the 85 percent completion submittal. Include drainage profiles, detention, and treatment design. Prepare storm drain analyses (both uniform flow and backwater) for the proposed storm drains. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not included in this scope of work. 10.15 Prepare traffic signal plans per CITY standard plans and WSDOT standard plans for the following:. — Replacement of existing traffic signal at South 320th Street and 20th Avenue S For each new traffic signal, prepare a traffic signal plan and traffic signal wiring diagram. Prepare traffic signal details, including signal pole details and pole foundation details, OPTICOM location (to be approved by the South King Fire and Rescue District), and detection locations. 10.16 Prepare landscaping and irrigation plans showing elements affecting planting and irrigation such as luminaires, driveway cuts, utilities, etc. The plans will include the type and location of all planting materials, as well as the layouts for any project required irrigation within the public ROW. Landscape improvements will be consistent with the CITY's Development Standards. Prepare landscaping and irrigation detail sheets that include details for items such as connections for the irrigation lines to water sources and planting details. The CONSULTANT will verify the existing water pressure available for the irrigation system with Lakehaven Utility District and field measurements of the available water pressure. Water pressure will be measured at three locations along the project using a standard residential water pressure gauge. 10.17 Prepare roadway illumination system plans. Plans will include layouts of lighting system equipment, and conduit and conductor schedules. Illumination design shall be per the current City of Federal Way Street Lighting Standards. Photometric and line loss calculations shall be submitted to support the CITY's design standards. 10.18 Coordinate with Puget Sound Energy, Qwest, and Comcast Broadband and Internet Services to coordinate their design of utility relocations. The CONSULTANT will coordinate with each utility company to confirm that their design is consistent and compatible with the roadway design. The CONSULTANT will review utility company standard plans and details for conflicts with other standard plans and details, and provide written notification of conflicts to the utility companies. This will be accomplished at up to five meetings with all utility companies and correspondence with each utility company and the CITY. Prepare retaining wall plans. Plans views of retaining walls will be shown on the City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPPWT-11-126 6 June 2011 Page 12 of 14 paving and grading plans prepared in Work Element 10.8. The horizontal limits of the retaining walls will be shown by station and offsets. 10.19 Prepare retaining wall profiles. Wall profiles will be prepared showing the top of wall, top of wall barrier, top of footing, existing ground line, and final ground line. Existing and proposed storm drain or utility crossings will be shown in the profile. Top of wall elevations will be provided at 25-foot stations along the wall profile. 10.20 Prepare retaining wall details. The wall will either be a MSE wall or a modular block wall. Plans and details will be prepared and provided on the plans and the geotechnical design parameters will be provided in the Special Provisions. The Contractor will provide shop drawings and have a structural engineer sign off on the plans when the project is being built. Perform 85 and 100 percent design quantity take-offs and opinion of costs. 10.21 Prepare contract specifications for the 85 and 100 percent submittals based on WSDOT/APWA standards (English), and applicable LAG standards. WORK ELEMENT 11 PLAN PRODUCTION 11.1 Assemble and submit plans and specifications for 85 and 100 percent levels of design. — One full size set of plans — Six half-size sets of plans (11x17), including one unbound original — Six copies of specs, including one unbound original — Six copies of the opinion of cost 11.2 Assemble and coordinate the final plans and specifications for printing of 50 sets of half-size contract plans, 50 sets of specifications for bidding, and 5 full size sets of plans. WORK ELEMENT 12 ASSISTANCE DURING BIDDING. 12.1 Prepare addenda and respond to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare three addenda. City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A BergerABAM, SPPWT-ll-126 6 June 2011 Page 13 of 14 SHEET LIST Title/index sheet Legend, Abbreviations General Notes Construction Staging Plans (1"=50') Roadway Sections Paving Details Survey Control Site Preparation and Erosion Control Plans Alignment and Paving Plans Roadway Plan and Profiles Private Driveway Plan and Profiles Parking Lot Revisions Channelization and Signing Plans and Details Drainage Elevations and Details Drainage Plans and Profiles Traffic Signal Systems Plans and Details Landscaping and Irrigation Plans Landscaping and Irrigation Details Illumination Plans and Details Retaining Wall Plan and Elevations Retaining Wall Details TOTAL City of Federal Way South 320th Street at 20th Avenue S Intersection Improvements Exhibit A (1 sheet) (1 sheet) (1 sheet) (2 sheets) (2 sheets) (1 sheet) (4 sheets) (3 sheets) (3 sheets) (2 sheets) (2 sheets) (3 sheets) (3 sheets) (3 sheets) (4 sheets) (3 sheets) (3 sheets) (4 sheets) (2 sheets) (2 sheets) 49 sheets BergerABAM, SPPWT-11-126 6 June 2011 Page 14 of 14 EXHIBIT "C" Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (jpg), scanned or electronic documents (pdf, doc, xls, etc.), Contractor baseline and progress schedules (if provided by the Contractor in mpp). Data is to be transferred by e-mail, CD, or FTP site(s). Agency OS is Windows XP Professional, Agency e-mail software is Microsoft Outlook 2007, Software Suite is MS Office 2003. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for wark 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 far 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 wark 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 CO�ISLILTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in E�chibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing far 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 wark 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 XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. , Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment 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, ar related to this contract is initiated befare the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. EXHIBIT E-1, PROJECT FEE DETERMINATION BergerABAM 320th St - City of Federal Way DIRECT SALARY COSTS (DSC) for BerqerABAM Personnel Hours Rate (see note) Total Costs 6/22/2011 Cost 1 Project Manager 195 X $69.51 =$ 13,555 2 Project Engineer 429 X $53.73 =$ 23,051 3 Structural Engineers 0 X $40.44 =$ - 4 Civil Engineers 508 X $40.38 =$ 20,515 5 Environmental Scientists 160 X $44.85 =$ 7,177 6 Designers/CAD Oper/Graphics 684 X $35.81 =$ 24,496 7 Project CoordJAdmin 128 X $28.88 =$ 3,697 BERGER/ABAM Hours, TOTAL 2,104 Subtotal Direct Salary Costs (DSC) _$ 92,490 4% Salary Escalation (SE) for Design (assume 50% of effort in FY2011, 50% in FY 2012) _ Subtotal (DSC + SE) _ $ 92,490 Overhead (OH) 155.00% of (DSC + SE) _$ 143,360 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 27,747 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 263 DIRECT NONSALARY COSTS (DNSC) Misc. Expenses Allocation $ TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ 250 250 TOTAL BergerABAM FEE (DSC + SE + OH + FF + DNSC) _$ 263,848 SUBCONSULTANTS Hart Crowser - Geotechnical Services ESM Consulting Engineers - Surveying Services Transpo Group - Signals and Illumination $ 33,704 $ 31,116 $ 50,383 TOTAL SUBCONSULTANT FEES = $ 115 ,203 TOTAL AUTHORIZED AMOUNT = $ 379 ,050 CONTINGENCY FUND MANAGEMENT RESERVE FOR OTHER UNANTICIPATED PROJECT ISSUES (10%) _ $ TOTAL CONTRACT AMOUNT = � 050 Exhibit E-1 Page 1 of 1 320th Street - City of Federal Way BergerABAM Rates Classification Project Manager Project Engineer Structural Engineers Civil Engineers Environmental Scientists Designers/CAD Oper/Graphics Project Coord/Admin Name � Base Wage Rate� �/, Hoglund-Gray, Gin $69.11 Bob Fernandes $77.16 Steve True $54.08 Ross French $50.60 Greg Banks $42.30 Santiago Aguilar $34.86 Selove, Naomi $38.46 Rob Schurman $43.27 Tabitha Reeder $41.47 Sacamano, David $47.11 Jef Blake $45.43 John Reyes $34.13 Aaron Savage $33.89 Nora Morrow $29.23 Kelly Robinson $28.73 Rate 95°/a 5% $69.51 90% 10% $53.73 75% 25% $40.44 60% 40% $40.38 40% 60% $44.85 15% 80% 5% $35.81 30% 70% $28.88 EXHIBIT E-1, PROJECT FEE DETERMINATION BergerABAM ENGINEERS TASK DESCRIPTION TASK 1 - PROJECT MANAGEMENT Project Coordination Management of Subconsultants and Scheduling City Coordination, Meetings & Prep TASK 2- QUALITY CONTROL/QUALITY ASSURANCE Review Base Maps Senior Review of Geotech Plan and Report Senior Review of Design Report Senior Review of 85°/a PS&E Package Senior Review of 100°/o PS&E Package TASK 3 - MAPPING Establish Horizontal and Vertical Control Field Survey and Note Reduction Topographic Base Mapping Cross Sections of Critical Areas Utility Paint Markings Survey Asbuilts Storm System Supplemental Fieid Survey for Base Mapping/DTM Aerial Photograph Supplemental Survey for Storm Water Survey Utility Potholes Survey Existing Retaining Wall TASK 4 -UTILITY MAPPING Coordinate APS Marking of Utilities Obtain Utility Record drawings and Utility Mapping Prepare a Potholing Plan TASK 5 - GEOTECHNICAL REPORT Geotechnical Exploration Plan Field Exploration Engineering Analysis Geotechncial Report - Draft Geotechnical Repport - Final Designers/ Project Task Project Project Structural Civil Environ. CAD Oper./ Coord. / Number Mana er En ineer En ineers En ineers Scientists Gra hics Admin. 1 72 i 64 i - - 16 ; - 28 1.1 16' 16! 8! 16 1.2 16 ? S ! 12 1.3 40? 40; 8; 2 28 I 100 I - I 24 I 24 ! 20 I _ 2.1 4; 16' 20! 22 4! 16; 8? 2.3 8; 16; 8; 2.4 8; 32; 8; 2.5 8; 32j 8; 3 - I - � - � - I - I - � - 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 4 - 8; - 26; - 18i - 4.1 2i si 4i 4.2 2? 12! 6? 4.3 4 ! 8 ! 8 ! 5 - - - - - - - 5.1 5.2 5.3 5.4.1 5.42 � � � � � � Exhibit E-1 BergerABAM Hours 6/22/2011 Totals 180 ss 36 8s 196 40 28 32 48 48 52 12 20 20 Page 1 of 5 EXHIBIT E-7, PROJECT FEE DETERMINATION BergerABAM ENGINEERS BergerABAM Hours 6/22/2011 Designers/ Project Task Project Project Structural Civil Environ. CAD Oper./ Coord. / TASK DESCRIPTION Number Mana er En ineer En ineers En ineers Scientists Gra hics Admin. Totals TASK 6- DESIGN REPORT 6 30 ; 16 i - 44 i 4 i 32 ; 8 134 � � � � � � Compile Design Criteria and Prepare Photo Log s.� 1 4� 16 ; 4 E 8; a a� Evaluate Parking Impacts and Address Concerns s.z 2 � a' 16 ; 12 i 38 Document Existing Stormwater Facilities s.s a? �2 ; 12 � 28 Prepare Stormwater Treatment Facility Memorandum s.a 1 i 4 i 16 ? a 25 Prepare Draft TIR s.s a; a i 32 i 8! 12 so Prepare Construction Staging Concepts s.s a; t2 ; 2a ; ao Analyze New Pavement Design Requirements s� �� � ' � ' � � � � � ' ��� � �; Analyze and Prepare a Preliminary Illumination Layout s.a '' �� � � � � �� � . „ _,_, � , ,_ _, �, . ...� � � _ ,. . _. , , � . �_.. � �� Develop Retaining Wall Cross Section Alternatives s.s a; s; �2 ; s; 1s ; a8 Estimate Quantities and Prepare Preliminary Costs s.io a; 8� �s � s; 32 ; sa Prepare an Analysis of Right-of-Way Requirements s.�� 2; s; 8' �2 ; 2a Prepare Draft and Final Design Report s.�z 8; 12 ; 32 i 12 i 8 i 20 92 TASK 7- ENVIRONMENTAL 7 - - - - 48 i 8 i - 56 Prepare a SEPA Checklist 7.� 32 ; a; ao Prepare Notice of Intent for NPDES Permit 7.2 1s i 16 Exhibit E-1 Page 2 of 5 EXHIBIT E-1, PROJECT FEE DETERMINATION BergerABAM ENGINEERS BergerABAM Hours 6/22/2011 Designers/ Project Task Project Project Structural Civil Environ. CAD Oper./ Coord. / TASK DESCRIPTION Number Mana er En ineer En ineers En ineers Scientists Gra hics Admin. Totals TASK 8- COMMUNITY AND AGENCY COORDINATION 8 40 i 44 ? - 32 ; 20 ; 24 ; 36 196 Prepare Meeting Minutes (Assume 6 Meetings) 8.1 24 i 24 i 12 i 8 i 12 ao Attend Utility Coord Meetings (Assume 2 Meetings) s.2 a; 8; a; 20 Attend One Community-Wide Open House s.3 a; a i a; a i �6 Prepare Open House Flyer And Exhibits / Attend 5 Mtgs 8.4 8 i s; 8 i 8� 24 i 24 so TASK 9 - RIGHT OF WAY CALCULATIONS 9 - - - - - - - - Research Records 9.1 - Determine and Order Title Reports s.2 - Calculate Right of Way 9.3 - Right of Way Acquisition 9.4 - TASK 10 - FINAL DESIGN 10 7' 149 ; - 342 ; 28 ; 530 ; - 1,056 Roadway Design and Drawings (see drawing list) �o.�o to .2 7; 149 ; - 342 ; 28 ; 530 ; - 1,056 Prepare Final TIR 10.14 a� s; 2a ; ts 52 Corrdinate wth Utilities �o.�& a i 32 ; 32 ; 8; 80 Prepare Contract Specifications 10.21 16 i 32 � 32 ; �s i so ��s TASK 11 - PLAN PRODUCTION 11 6 i 24 ? - 16 i 8; 28 � 32 114 Submit PS&E Package for 85% and 100% Review 11.1 2; a; a i a: 16 i 8 a2 Submit PS&E Package for Advertising 11.2 4! 16 ! 12 ; 4 i �2 i 2a 72 TASK 12 - ASSISTANCE DURING BIDDING 12 12 ; 24 ; - 24 ; 12 ; 24 ` 24 120 Prepare addenda (3) and respond to bidders questions t2.1 12 i 24 i 24 i 12 i 24 i 24 �20 TOTAL ALL TASKS: 195 ! 429 ! - 508 '; 160 ; 684 ; 128 '; 2,104 ; Exhibit E-1 Page 3 of 5 EXHIBIT E-1, PROJECT FEE DETERMINATION BergerABAM ENGINEERS BergerABAM Hours 6/22/2011 Task Project Project Structural Civil Environ. CAD Oper./ Coord. / TASK DESCRIPTION Number Manager Engineer Engineers Engineers Scientists Graphics Admin. Totals PS&E FOR TASK 10.1 - ROADWAY DESIGN AND DRAWINGS No. 1 2 3 a 5 6 r 8 9 10 11 12 13 14 15 16 17 18 19 20 27 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Title/index sheet 10.� Legend, Abbreviations General Notes �0.2 Construction Staging Plans (1"=50') �0.3 Roadway Sections �o.a Roadway Sections Paving Details 10.5 Paving Details Survey Control 10.6 Site Preparation and Erosion Control Plans �0.7 Site Preparation and Erosion Control Plans Site Preparation and Erosion Control Plans Site Preparation and Erosion Control Notes Alignment and Paving Plans 10.8 Alignment and Paving Plans Alignment and Paving Plans Roadway Plan & Profiles �o.s Roadway Plan & Profiles Roadway Plan & Profiles Private Driveway Plan & Profiles 10.10 Private Driveway Plan & Profiles Parking Lot Revisions Parking Lot Revisions Channelization and Signing Plans and Details 10.11 Channelization and Signing Plans and Details Channelization and Signing Plans and Details Drainage Elevations and Details 10.�2 Drainage Elevations and Details Drainage Elevations and Details Drainage Plans and Profiles �0.�3 Drainage Plans and Profiles Drainage Plans and Profiles Traffic Signal Systems Plans and Details 1o.�s Traffic Signal Systems Plans and Details Traffic Signal Systems Plans and Details Traffic Signal Systems Plans and Details Landscaping and Irrigation Plans �o.�s Landscaping and Irrigation Plans Landscaping and Irrigation Plans Landscaping and Irrigation Details Landscaping and Irrigation Details Project Project Structura/ Civil 1 � 1 1 4 4 4 a 4 4 4 4 4 4 2 4 4 4 4 4 4 2 2 6 6 2 2 2 4 4 4 4 4 4 �., �; 2 2 2 2 2 Exhibit E-1 4 8 12 8 s 8 8 8 10 10 10 4 8 8 8 12 12 12 8 8 12 12 8 8 8 12 12 12 12 12 12 - Designers/ Project Environ. CAD Oper./ Coord. / icientists Graphics Admin. 8 8 8 2 2 6 4 12 is 16 16 16 s 16 16 16 8 12 12 12 16 16 16 12 12 16 16 12 12 12 12 12 12 12 12 12 22 22 22 8 10 Totals 11 16 29 2s as 28 28 zo 30 30 30 14 24 24 24 32 32 32 22 22 34 34 22 22 22 28 28 28 28 28 28 32 32 32 12 14 Page 4 of 5 EXHIBIT E-1, PROJECT FEE DETERMINATION BergerABAM ENGINEERS BergerABAM Hours 6/22/2011 Designers/ Project Task Project Project Structural Civil Environ. CAD Oper./ Coord. / TASK DESCRIPTION Number Mana er En ineer En ineers En ineers Scientists Gra hics Admin. Totals 41 Landscaping and Irrigation Details � 2 2 a2 Illumination Plans and Details �0.�7 � ` { ' �� ' 3 ,� � � � � - � � � . a3 Illumination Plans and Details ` � � � , �� � � � � � � ' q4 Illumination Plans and Details �� � �� �� ` � �� � � � t „ ` � k � a5 Illumination Plans and Details � � � �� _.., � � � . ` ; _ � �;, „ �.,. � � .. : , � .� • . { ,. � �;, � � � � �. �. �. .. � w_.. qg Retaining Wall Plan and Elevations 10.19 1 6? �2 ; 12 i 31 q� Retaining Wall Plan and Elevations 1� 6; �2 ; 12 � 31 qg Retaining Wall Details 10.20 1 6 i 12 i 12 ? 31 qg Retaining Wall Details 1 6? 12 ; 12 i 31 SUBTOTAL PS8�E CIVIL/ROADWAY DRAWINGS 7� 149 � - 342 � 28 � 530 � - 1,056 Exhibit E-1 Page 5 of 5 EXHIB F Robinson, Kelly � - - From: Fernandes, Bob Sent: Tuesday, Aprii 12, 2011 1:37 PM To: Rabinson, Kelly Subject: FW: Y-10851 BergerABAM 09, On Cail Structural Design Services Attachments: image0Q1.jpg; Y 10851 BergerABAM Exhibit D.pdf; Y 10851 BergerABAM sub ABKJ Exhibit E.pdf Kelly, Attached is an ernail string with WSDOT that culrninated in the attached rates. Looks like they actually agreed to 155% nat 1 �5.09. Bob Fernandes Vice President Voice 206J357-5615 Cell 206/226-2966 Email bob,femandes@abam.com BergerABAM 1301 Fiftfi Avenue, Suite 1200 Seattie, Washington 98101-2677 http://www.abam.can Ncs�aea: This message and/or any attachmenLS are private er prlvils�ed. If you are not Lhe �erson for wham this message is intende�, plea�e delete it and nctiry ehe sender lmmediateiy. PEea� da net copy or send this me�age to anyone �Is2. F�rior to use of Ynis em�ail mes�age ar fts at`�chme�cs, the inten� recipierst agrees to the terms oP use v^U�IiCl2� Qft $2[RE��N!`s intellectua( property tink at w�,+na.a�am.com. A::y sucts use ind'r�tes re�ipi�nt's accaptance o€ the stat�.meer.ts and conditions of permitt� use r;iihout excep�on. � Please consider the envirorment when printing this email From: Griffith, Rick [mailto:griffitri@wsdot.wa.gov] Sent: Wednesday, March 31, 2010 3:53 PM To: Fernandes, Bob Cc: Jonsnn, Erik; Schofield, Larry � Subject: RE: Y-10851 BergerABAM 09, On Call Structural Design Services Your rates look aK. We should be sending yau cop9es of your agreement saon. Thanx, Ricl< From: Fernandes, Bob [mailto:Bob.Fernandes@abam.com] Sent: Wednesday, March 31, 2010 3:45 PM To: Griffith, Rick Cc: 7onson, Erik Subject: RE: Y-10851 BergerABAM 09, On Call Structural Design Services Erik and Rick, Attached are revised ANTE tables for BergerABAM and ABKJ. A11 requested adjustments/carrections have been made. 1 am assuming all other information is OK. We'd like to proceed to execute ths contract and add Linn & Associates and SC So}utions later. ( have let them both know. Linn says they havs a new breakdown into for audit and are waiting. Let me know 'rf there anything else I nesd to do. � Thanks. Bob Fernandes $er er�AM �ce President g Voice 206/357-5615 1301 Ffth Avenue, Suite 1200 Cell 206/226-29b6 Seattle, Washington 98101-2677 Email bob femandesCalabam com htto•//www.abam.com PBo�ic�: This message an�(x any a ochmen� are F� ivate or �riv;ieged. If you 2re not the persan for wham this message is intended, piease deleta it and netiiy the serder Emmedi�talq, �lease do not capy ar send this me�aos to anyor�e °Ese. Prior to use af this �meii message or i�s attachmen�s, the intended recicient agrees to the kerms of use ai�liiied on 8ergerAnAtH's int�Ilecival property link at www.abam.com. Any such use indicates recipient's accepT.anc� of the statements and conditions of permitted use �vithout extepoon. Please consider the environment when prindng this email From: Gri�th, Rick [mailto:griffitri@wsdot.wa.gov] Sent: Tuesday, March 30, 2010 10:29 AM To: Fernandes, Bob Subject: Y-10851 BergerABAM 09, On Call Structural Design Services 1. BergerABAM — We negotiated your overhead rate at 155�0 (see afitached). Fixed Fee is at 30% of DL. Please rernave aii the line starting with "Note: NTE ..." down to the bottom and rep(ace with the follawing "Invoiced labor rates may be less than the Low rate shown per jab ciassification, but may nat exceed the NTE rate". Also re- label respective columns "Low" and "NTE" and remo�e the "Ra#es EfFective 1 July 2Q09 to 30 June 2010". 2. A6KJ — The Fixed Fee is 30% of DL. Alsa ask them to add "lnvoiced labor rates rnay be less than the Low rate shown per job classification, but may not exceed the NTE rate" to the bottam of the schedule. 3. L&A — t?ur audit Office found sigr�ificant deficiencies in their time keepi�g system. Unless they can show that they have improved their system, I cannot approve them as a sub cansultant. 4. SC Solutions —! referred SC's 2009 overhead rate to WSDOT Audi# Office for review, 3J19/10. I need the results of that re�iew befiore I can appro�e their rates. Thanx, Rick From: ]onson, Erik Sent: Monday, March 29, 2010 8:00 AM To: WSDOT Consultant Rates; Griffith, Rick Subject: FW: 09, On Call Structural Design Services ERIK K. JaNSOlU 1 WSflOT 310 Maple Park Ave SE � Olympia, �PlA 985d1 T 350.705.7106 From: Ferna�des, Bob [mailta:Bob.Fernandes@abam.com] Sent: �riday, March 26, 2010 3:20 PM To: Jonson, Erik Cc: Kirsch, Carol Subject: RE: 09, On Call Structural Design Services Erik, Attached is the information requested in WSDOT's consultant selection letter of 4 March 201 Q for On Call Structural Design Services. We have sent these electronically, as requested, and do not intend to mail hard copies. Please let me know if you wouid like copies by mail or if any additional information is required. Sincerely, Bob Fernandes Bob Femandes Ber C�,�AM Vice President g Voice 206/357-5615 1301 Fifth Avenue, Suite 1200 Ce11206J226-2966 Seattie, Washington 9810l-2677 Email bob.fernandes(alabam.com htfi:l/www.abam.com hlot9ce: T7iis message andJor any att�chments are private or privileged. if you are nnfi �.he person for whom this msssage is irrtended, �lease delete it and notiiy the sender immediate[y. Pfease do not copy or send this message to anyone else, Pncr to use of Ghis �mail message or its attachments, the intended �ec"spient agrees to the tercns af use autlined an BergerAB,�NPs int�llectual property link ai www.abam.com. Rny such use indicaYes �edpient's �cceptanc� of the statemen�s and corditiors of permitted use vwithout ex�eptior:. Piease consider the environment when printir:g this email From: Kirsch, Carol [mailto:KirschC@wsdot.wa.gov] Sent: Friday, March 05, 2010 9:39 AM To: Fernandes, Bob Subject: 09, On Call Structurai Design S2rvices Mr. Fernandes, Attached is your letter regarding the 09, On Call Structural Design Services. Your original. letter is being sent via the US Mail. Thank you, Carol CAROL KIRSCH � WSDOT .CONTRACf SPECIALIST, OPERATIONS CdNSULTANT SERVICES OFFICE ENVIR4NMENTAL & EiVGIt�I�ERI}VG PROGi2AM5 DIVIS?ON 310 Maple Park Avenue SE � Olympia, WA 98501 T 360.705.6962 � F 360.705.6838 --.:��s _ � ;� �...._�..�., �f *** eSafe2 scanned this email for malicious content *** *t* IP4PORT�NT: Do not open. attachments from ur�recognized senders *** *** eSafel scanned this ema�1 for malicious content *** *** IMPORTANT: Do not open a�tachments irom unrecognized senders *** 3 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: �Sk 1_1 - PrgeCt Cvoorciinatinn_(H�t C'mw�Pr, Trasn_n� C'r_._r�iiTl — - — Ta�k i�_ p Aclmin 1�eet��s �Trasnnc�o�� ---- Tack �'� -�eni�r RPViP� of Desl�n Re= prt (Trasnn� ('Trot�nl - Ta�k �_4 -�eninr Review (2f 85% P1ans (Tras� cLGr�l_. in� Tack �,� -�eni�r RPViPwQf 1 n(1% Planc (Trasn�n0 GrQiT� Tack � - MapTing r (ESI�[L) -- Ta�k 5 - ('Teotechnic�ineer�'n�(�Iart C�o�rsPr) Ta�k � � _ Pciun Criteria�Tr�ns}�c�xaiT� — '� 6 R -�a1Te T1lliminatian �Trasn�cZCJroiirl — Ta�k fi_ 1 O- Preliminarv�ualltit�es �nCLOnini�n� �f Pr�hahle �aStl,Tranc C',rnnnl Tack R 2 - Lltilit� ��n, .panv Meetinuc (Tran�c�('Trnunl Tack $ 4- C? Hrn��e F.xhihitc (Trancpn ('Trnnnl __ — Ta Q 1- Re�earc,h ReCCZrds�F.S11�� —.— Ta�k 9 �_ nPtermine anrl nrrlPr Title RPTOTts �FSlYI1 _ — _— �'�_A '� - �1�iilatP Ri� of Wa (ES11�11 _ _ Task ltl_15 - Traf_fic �ignal Plans (Tra�nn� C'TTO�in� — Tack 1� 17 - T11urr►�nation Plans (Tr_ acn�n l T� — Ta�k 1 Q 21 - �nntra�t �nPCifi�atinn� (Trancnn ('Trrnml Ta�k 11 1 A�semhle and �i�hmit Plan� ancl � nPCifiCat�S�tls� lT� Ta��_1 PrPTare Acicl�ncia R� RPCrnncl tn Ricic�Pr� (�uPCti�nc (TrancnoSrQi�l DOT Form 140-089 EF Exhibit G Revised 6/05 EXHIBIT G-1/G2 SUBCONSULANT FEE DETERMINATION AND STAFF HOUR ESTIMATE DIRECT SALARY COSTS (DSC) Personnel 1 Project Manager 2 Project Engineer 3 Field Coordinator 4 Field Geologist 5 CADD Drafter 6 Office Administration Hours 16 X 64 X 12 X 22 X 10 X 12 X Hours, TOTAL 136 Subtotai Direct Salary Costs (DSC) _$ 5,190 Salary Escalation (SE) = 4% of DSC = Subtotal (DSC + SE) _ $ 5,190 Overhead (OH) 190.00% of (DSC + SE) _$ 9,861 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 1,557 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 16,607 DIRECT NONSALARY COSTS (DNSC) Mileage for Site Visits Field Truck Field Equipment Laboratory Tests Communcations 200 3 1 1 1 Rate $70.70 $35.58 $48.33 $29.33 $25.70 $24.94 miles @ $ 0.510 days @ $85 @ $ 450.00 @ $ 1,230.00 @ $ 250.00 HC Geo Fee 6/22/2011 Cost _ $ 1,131 _ $ 2,277 _ $ 580 $ 645 $ 257 _ $ 299 $ 102 $ 255 $ 450 $ 1,230 $ 250 $ - � - TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ 2,287 TOTAL FEE (DSC + SE + OH + FF + DNSC) _$ 18 ,894 SUBCONSULTANTS Traffic Control Plan Traffic Control APS Utility Locate Drilling FWD Testing (8 plans @ $200 plus tax) (1 day of transition truck, driver, signs plus tax) (4 hours @ $80 plus tax) (4 borings @ 20-ft each plus tax) (one day plus tax) TOTAL SUBCONSULTANT FEES = $ $ $ $ $ 1,760 1, 775 350 7, 925 3,000 �.810 TOTAL AUTHORIZED AMOUNT = $ 33 ,704 Page 1 of 1 EXHIBIT G1/G2 - SUBCONSULTANT STAFF HOUR ESTIMATE 6/22/2011 HC Geo Hours Activity /DWg. Project Project Field Field CADD Admin./ TASK ACTIVITY DESCRIPTION No. Manager Engineer Coordinator Geologist Drafting Clerical Totals TASK 1- PROJECT ADMINISTRATION 1 4 - - - - 4 8 Project Coordination 1.01 4 4 8 Management of Subconsultants and Scheduling 1.02 - City Coordination, Meetings & Prep 1.03 - TASK 5- GEOTECHNICAL ENGINEERING 5 12 64 12 22 10 8 128 Geotechnical Exploration Plan 5.1 1 6 4 2 2 15 Field Exploration 5.2 1 4 8 22 35 Engineering Analysis 5.3 4 24 28 Geotechncial Report - Draft 5.4.1 4 20 6 4 34 Geotechnical Repport - Final 5.4.2 2 10 2 2 16 SUBTOTAL TASK(S) THIS WORKSHEET 16 64 12 22 10 12 136 Page 1 of 1 G1/G2 HC Geo Direct Nonsalary Costs Laborato Testin Unit Quanti Unit Cost Total Cost Water Content each 24 $20 $480 Grain Size �ar -$125, buik -$150 each 2 $125 $250 Minus 200 Wash each 0 $100 $0 Grain Size with H drometer each 2 $250 $500 Atterber Limits each 0 $125 $0 1-D Consolidation each 0 $720 $0 Direct Shear set 0 $520 $0 UU Triaxial each 0 $420 $0 Unconfined Com ression each 0 $220 $0 Proctor cohesive - $300 each 0 $250 $0 Or anic Content each 0 $25 $0 California Bearin Ratio CBR each 0 $400 $0 Total Laborato Cost = $1,230 EXHIBIT G-1/G-2 SUBCONSULANT FEE DETERMINATION AND STAFF HOUR ESTIMATE DIRECT SALARY COSTS (DSC) Personnel 1 2 3 4 5 6 7 Senior PLS Project Manger Survey Technician Scanning Technician Survey Crew-Party Chief Survey Crew-Chainman GIS Technician Hours 26 33 98 20 96 96 4 X X X X X X X Rate $52.88 $38.38 $29.00 $24.00 $27.22 $24.20 $24.00 _ $ _ $ _ $ _ $ _ $ _ $ _ $ ESM Fee 6/22/2011 Cost 1,375 1,267 2,842 480 2,613 2,323 96 Hours, TOTAL 373 Subtotal Direct Salary Costs (DSC) _$ 10,996 Salary Escalation (SE) = 4% of DSC = Subtotal (DSC + SE) _ $ 70,996 Overhead (OH) 152.98% of (DSC + SE) _$ 16,821 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 3,299 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 31,116 DIRECT NONSALARY COSTS (DNSC) Mileage for Site Visits miles @ $ - Plots @ $ - Copies @ $ - Fax @ $ - GPS hours @ $ - Vessel days @ $ - Per Diem days @ $ - Lodging days @ $ - County Research estimate @ $ - TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ - TOTAL FEE (DSC + SE + OH + FF + DNSC) _$ 31,116 SUBCONSULTANTS $ TOTAL SUBCONSULTANT FEES = $ - TOTAL AUTHORIZED AMOUNT = $ 31,116 Page 1 of 1 EXHIBIT G1/G2 - SUBCONSULTANT STAFF HOUR ESTIMATE 6/22/2011 ESM Hours Activity Survey Survey /Dwg. Senior Project Survey Scanning Crew Crew GIS TASK ACTIVITY DESCRIPTION No. PLS PM Technician Technician Party Chief Chainman Tech Totals WORK ELEMENT 3 3 Establish horizontal and vertical control 3.1 2 2 2 12 12 30 Field Survey and Note Reduction 3.2 2 8 10 Topographic Base Mapping 3.3 4 8 40 20 72 Cross Sections of critical areas 3.4 2 2 8 8 20 Utility Paint Markings survey 3.5 2 2 8 8 20 Asbuilts Storm System 3.6 4 16 24 24 68 Supplemental Field Survey for Base Mapping/DTM 3.7 4 16 16 16 52 Aerial Photograph 3.8 1 4 5 Supplemental Survey for Storm Water 3.9 4 16 16 36 Survey Utility Potholes 3.10 4 2 12 12 30 SUBTOTAL WORK ELEMENT 3 6 33 88 20 96 96 4 343 WORK ELEMENT 9- RIGHT OF WAY CALCULATIONS 9 Research Records 9.1 4 4 8 Determine and Order Title Reports 9.2 4 2 6 Calculate Right of Way 9.3 12 4 16 Right of Way Acquisition 9.4 - SUBTOTAL WORK ELEMENT 9 20 0 10 0 0 0 0 30 TOTAL ALL TASKS 26 33 98 20 96 96 4 373 Page 1 of 1 EXHIBIT G-1/G-2 TRANSPO Fee SUBCONSULANT FEE DETERMINATION AND STAFF HOUR ESTIMATE (Transpo Group) 6/22/2011 DIRECT SALARY COSTS (DSC) Personnel 1 Project Manager 2 Quality Control 3 Project Engineer 4 Technician/CADD 5 Graphics 6 Office Administration Hours 66 X 39 X 160 X 190 X 6 X 12 X Rate $47.50 $51.20 $34.33 $24.00 $33.98 $23.05 Cost _ $ 3,135 _ $ 1,997 _ $ 5,493 $ 4,560 $ 204 _ $ 277 Hours, TOTAL 473 Subtotal Direct Salary Costs (DSC) _$ 15,665 Salary Escalation (SE) = 4% of DSC = Subtotal (DSC + SE) _ $ 15,665 Overhead (OH) 190.81% of (DSC + SE) _$ 29,891 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 4,700 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 50,255 DIRECT NONSALARY COSTS (DNSC) Mileage for Site Visits Plots Copies Fax GPS Vessel Per Diem Lodging County Research 250 miles @ $ 0.510 @ @ @ hours @ days @ days @ days @ estimate @ TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ 128 $ - $ - $ - $ - $ - $ - $ - $ - $ 128 TOTAL FEE (DSC + SE + OH + FF + DNSC) _$ 50,383 SUBCONSULTANTS $ - $ - TOTAL SUBCONSULTANT FEES = $ - TOTAL AUTHORIZED AMOUNT = $ 50,383 Page 1 of 1 EXHIBIT G1/G2 - SUBCONSULTANT STAFF HOUR ESTIMATE (Transpo Group) TRANSPO Hours ACtlVlty GSM KRC SKM JEF RFM AMC /DWg. Project Quality Project Technician/ AdminJ TASK ACTIVITY DESCRIPTION No. Manager control Engineer CADD Graphics Clerical Totals TASK 1- PROJECT ADMINISTRATION 1 21 6 3 0 0 10 40 Administration, Invoicing and Progress Reports (9 months) 1.1 12 2 10 24 Project Admin Meetings 1.3 9 4 3 0 0 0 16 Kick-off Meeting (1 meeting) 3 3 �x.._a�i.. �e..,.a:___ in ....,._•:.._..� c o n TASK 2- Quality Control/Quality Assurance 2 Senior Review of Design Report 2.3 Senior Review of 85% Plans 2.4 Senior Review of 100% Plans 2.5 TASK 6- Design Report 6 Design Criteria 6.1 Document Design Criteria Photo Log of Existing Conditions Analyze Illumination 6.8 Preliminary (30%) Layout AGI32 Calculations Preliminary Quantities and Opinions of Probable Cost 6.10 Schematic Signal Design Signal Quantities/Cost Illumination Quantities/Cost TASK 8- Community and Agency Coordination 8 Utility Company Meetings (1 meeting) 8.2 Open House Exhibits 8.4 0 26 0 0 0 0 26 2 2 16 16 8 8 6 2 25 24 0 0 57 1 1 6 8 0 0 16 1 1 4 6 2 8 10 2 1 12 10 0 0 25 1 4 6 11 1 1 8 4 14 3 0 7 6 0 0 16 1 4 2 7 1 2 2 5 1 1 2 4 1 1 10 0 6 0 18 6 6 1 1 4 6 12 6/22/2011 Page 1 of 2 EXHIBIT G1/G2 - SUBCONSULTANT STAFF HOUR ESTIMATE (Transpo Groupl TRANSPO Hours ACtiVity GSM KRC SKM JEF RFM AMC /DWg. Project Quality Project Technicianl Admin./ TASK ACTIVITY DESCRIPTION No. Manager control Engineer CADD Graphics Clerical Totals TASK 10 - Final Design 10 26 4 108 750 0 0 288 Traffic Signal Plans 10.15 14 2 62 98 0 0 176 85%Traffic Signal Plan 6 32 48 86 85%Signal Wiring Diagram/Conduit Schedule 2 1 8 16 27 85%Signal Pole Details 2 6 10 18 100°/a Traffic Signal Plans 4 1 16 24 45 Illumination Plans 10.17 6 2 36 52 0 0 96 Incorporate 30% Comments/Update AGI32 1 4 8 13 85%Illumination Plan 2 1 16 24 43 85%Conductor Schedules/Line Loss Calcs 1 8 4 13 100% Illumination Plans 2 1 8 16 27 Contract Specifications 10.21 6 0 10 0 0 0 16 85% Signal/Illumination Specifications 4 6 10 100% Signal/Illumination Specifications 2 4 6 TASK 11 - Plan Production 11 4 0 8 12 0 0 24 Assemble and Submit Plans and Specifications 11.1 4 0 8 12 0 0 24 85% PS&E 2 4 6 12 100% PS&E 2 4 6 12 TASK 12 - Assistance During Bidding 12 8 0 6 4 0 2 20 Prepare Addenda 8� Respond to Bidders Questions 12.1 8 0 6 4 0 2 20 Prepare Addenda (Assume 1) 4 2 4 1 11 Respond to Bidders Questions 4 4 1 9 SUBTOTAL TASK(S) THIS WORKSHEET 66 39 760 190 6 12 473 TOTAL ALL TASKS 66 39 160 190 6 12 473 6/22/2011 Page 2 of 2 . ' E�CH o BIT G-3 w�shingfon sia�te �r�rtaaon e�a��,a �,� Department o� Transpartatiori ata �a parx averme s.�. ' Ooagla5 S. II�acDonalrl PA. Bwc 47300 Seta+elarq W Tran5port8tfon 0lymp(a, WA 9850d-73aD ' 360-705-7UOQ f��J2� �Q�/ �� ��BB �. �'CEGy 7'OWll&EI1C� E5M Cansulting Engine�rrs. LLC 33915 First Way 5ontt�, Suiie 200 Federal Way, WA 98UU3»6396 Re: FSM Consa�tiag Engineers, LLC E)verh�ad Sche.�ule FYE Decetnb�r 31, 2fl06 AearMs T��a: � (}u Ju1y 2420U7, as a WSDOT representativ+e, I cor�pleted a r$view nf y�ur pmposed �005 Overhead Scheciule. � also campte#ed aa aaalytical review af ttie schedtile 6y comparing it to tha review�ci $c a�cepted 20Q5 av�rheed schednle, and xeviewed data t�iat WSDOT bad aolleci�d in onr�e�mieaea►t.fles. I The rsvie�ved data included, but was not Ii�nited �a, ttze �ednIe of ti�e indirect cast rata, f a description of ttze companY, besis of accuunting at�3 descsiptien af ESM's accoumling , sYstem, l�asis cf indiract casta, in addition to a review af t6e firm's inter�al coatrol � strueture. , � Based on my revi�vu, I am issaing this Ietter of �oua�srence estab�g FSM°s r�v3iewed � & accepted overhead rate fc�r2A06 at 152.98°!0 o�di,rect labor. Cos�s biIIed tc actt�at i agreemen�s will srill be s't�bject ta andit o� actual cosEs. If you or any mpreaeatative af ESM have �ny questia¢�s, please coatact me at 36D 9Q5-7006. Sinceraly ���� MarF33a S: Rc�ach Ext�nqal Audit Mana�er MR:�s �nclasures ��: st�vs Nr���y . M�e Kane, Ms 473z3 Aick Gri�th, MS 47323 ' 0 ��li�r� 3UL 3 D 2�47 �� . � E5M Cansuiting Englneers LLC W5D07' Gverhead Se��edule December 31, 2006 � pro�c�a �wt wsornr aci�Rtea . • Desa�i tion ' Amount Ac�. ' AdJ. itef: Amout�t 9L _ � -- - Di��ct 1.aboc 8aas Sa[ary Overhead Pay�vlt Taxes L�I Tax �xp�se Empbyme� Secu�y Flff'A Vas�oNS'u�clFldiday GtvuR AAed[cal Long Term Disab�'6�y Ins� 6orn�ses 4a1 K Savin� 401 K Adm fn Expa'�ae . Fleoc Plan Admin Cods • Total Salary Qvarh�d G � A �rerhe�d indhed 5sla�ies � , Auto Logos Auto Exper�se - C�as • Auto Repefr/Mainh�nencs Auta 6cPsnse - Mieage Auto Dcpense - l.Kxrtaes Auia 6ip�nse - Instn'ance Bank Charges _ Toasfmastara pU63i�[otls E�ense Brochura►S�tionety Expense Brodlure/Pfapoe8l Exp9nse I3epr�cietian F.�cpat�e c)utsrde .�,itoria� services � Insurance-Liabi�tY Umbre�a Ir�s�ance Expenae�-E8A . Insurarsca Expense = t.�ab�ig► � ��� ' A+xotintin9 Expen�s Own�' Ac�ota�tlng F�Cpenses I�sof.tBus. License Expense Mea6r,gs F�nse Praf�ssiorrel Mernberahtp Expense SaminaialEd�icatiaidTraining . Twirt Lalces Duae /�t�Vf�l�f9�10 . . c�rn n��et�s ' . Reaul�ng Expense Tempaary Agerny F.xpenss Ofike Supp6es Expensa StmeY �R� �� �rtgir�eerirtg S�tpp�ees Expertes Compufer SuppTias $ 4,297,959.�0 t12�85'l.82? IC � 4,'17'P,107.A8-- 444,552.87 17,948.'f8 - 74,'l92.62 . 6,6�7.21 504��.00 382,BOB.BD • 13,633.78 495�344.7@ • 164,813.14 - 28�5+W,84 ' 7a7.29 ; 2.106,880.1B B.OD 1;648,64�5.OD 1,838.72 82�069.83 30,384.87 19,'142.�1 2,3Q8.20 21.583.97 859.22 {37•37) 7,26527 4,�4.84 8,295.05 �tB5,748.00 � 2�07&.66 2,�5&.47 1Q3,937.47 6,430.34 57,8fi1 38,219.00 za,000.00 3,'fZ8:51 28,715.81 23,981.8D 9D0,280.38 5,702.88 $3,saz.ez 6,4A5.13 2i 1,217.82 11,980.OQ 't24,538.84 i05,408,74 59,248.35 A4.880.51 . +t?�0.552.87 d0.55°.6 97,14818 0.4996 74,1'12.82 1.7796 6,82�.21 0.18% SOa,88�9.00 ,12.fl996 • 382,808.� 8,6896 93,833.73 0.3396 • +F85,344.7Q 71.8896 'f84,693.i4 3.85% 26,344.84. 0.84R6 7�7.23 0.02°6 S 2.106,980.16 SO.d�I!f. {Z0289.8� iC . S (183@J� L 37.37 �A � (703.937.47'). 1i (7,920.Q1� C {�o,naa.�� a (28,715.81} N (3,B38.T� E (�,70288) A t�,5e2.�) � {84�f5,1� O (85,38426) F 7,626.975.11 aao ffi 80,984,67 19;142.01 2,808.20 21,583.97 859.?2 . O.OQ 7,28527 4,�4.54 O.OD 4$5,746.�t} 2.ffT8.88 2,$54.47 0.00 6�A3Q 34 6l,65i.86 28,89B OQ dW 3,126.59 28,715.81 ZU,753.2Q � 70D.230.96 0.00 . 0.00 o.oa 211,217.82 11,880.00 124,536.64 3'7,012.48 59,248.95 94�880.51 35.94`K O.OG95 1.969L 0.739G 0.4�6 0.(iB96 05296 Q029b ' O.Wi6 0.1796 Q129E C.O� 11.15% 0.0596 O.ti796 OA096 0.15% 7.9696 Q.�96 0.0096 � 0,0796 0.8896 O.QS% 2.4U°� O.OD% 0.0035 o.oa� 5.D896 Q.Z896 zsa� U.8996 1.42% 1.07% ESAA Cansultiag Engineers, LLC WSDOT Overhead SchedaUa December 31, ?.008 ' Prapaced E3M WSDOT Accepted . . Descr�rtlon Amount Ad� A�. ' Ref. Amo�nt X . . ..��:..� ,.. SmaA O�fce Equ�t Ofhce tnterior Expense Project �xpe�e c�uarter�y Tsx Expense Properry Tez Expense . Monthy 88�0 Tax �cpense Move Expense ' CeBufar Phanes Teleph�e �Cpense Compu�rTtm� Empioyee RecoQni6on � Ernployee F�mclion� Contribt�Bons • Mair�tance A�ement Exp� comguoer suppo�rrair��q Compute�' Upgrad�s Compu6� Suppll� .Eqe�mers� Selup Gt�rges Eq�ipmer�t Repau� l.e�ase Expensa Flre/Security MoraAorfig Bullc6r�g Ma�tenanw 11Uitty EScpenses Qftice Rent Expense . Skue9e �icpense C1e Etum'ftavel F�settses 8o�i Travel Exper�ses� Eaensbuig B�I[dUtg'T'I�s . COSE Df MOLI� To#ai Gener,�l Overfiead 7,49Q.?6 . 9��88.82 5$7,Q48.33 (597,Q46.33j &712.88 1Q�4�61.OB 235,1'14,33 ' 13.S74.B6 . *�8,3'E3.07 52,U69.51 (9.12497� 8�988.l4 6R�589.86 21,7a{6.98 {96,�6.16J a,na.� (e,�s.00� 27,�r�.� 182.19Q.84 28,212.97 BQ8.99 _ . 3�8A4.80 12,28296 • . 28,299.83 . 830.67 �.4�7.70 3,149.77 6Q7,118.+C� � 7;93221 � 1,128.51 . . � 1;935.00 10,448.80 0.04 85,529.36 $ 5,282,583.96 (823,218.9� Cr (FQ,6�.�} R �2,000.0� H . � (464,734Zf� S (10,4�l6.90) 7 J wr+�rr++� � " • 7,490.28 D.1890 � 9,�9.82 0.2290 0.00 O.Q096 • 8,712.� 0.1B9b 10,441.0B Q,2596 235,714.93 5.8396 13.5T�.86 0.329�a 56,313.0T 1.4U96 48.9A9.34 1.1796 . 8,88B.14 0.2196 50,3�.86 1.2796 2,250.Q0 O.Q5% Q00 ' Q00% �r,�r�.� o.ea� ' 182,1�.84 4.36�6 ?.8,21247 . 0.88°!0 6�.9:i O.Q'L95 3,594.80 O.QB% 12,292.96 O,Z896 Z8,218.83 ' O.7G96 830.87 0.�2% • 6,027.70 0.1296 3,1A3.77 0.0896 442,SB4.28 10.5996 7,932.21 0.16°16 1,176.51 . O OS�o- 1,15a00 O.a396 0.00 0.�096 85.529:36 ?�696 � 4,283,0�.98 702.&ig5 E5M Gansulting Engineers, LLC WS�OT OverbeRd Schec[ule Decem6er 31� 2005 8ropooed ESNA YV5C07' Accepfisd Descr�8on ' Amout�E `_ AdJ. � Ad1. Ref, Attio�mt Sto ..... Tartat UYertfead E�cpe� � 7 999,57d.12 �,_ �23,219.33) t457,372.ZB) $ = 6,388,9�.16 � Ovefi�d Rata 462989L �trrtis� e�— esrtr- Rereeer�ces: � F.SMI AdJusiments: ' � . � A Non•profis�iorial ocgan�ian dues �allovua� per 48 CFR 31.20�t(��7} and 48 CFR 31:Z05-�19(a): B Ame�etlon of gooduril unatloHrable per 48 C�R 81.205,27(a� WA t�is yaar. C Fede�al.&�come tex rehnm p� fees ave�' �250 una0awable per AS CFR 31.20�41(bj(1}, 48 C�R 3920 snd WSDOT Ov�ltead Pflllcy. . . 17 Owners persoc� exper� un�k�wable per une�locable p� A8 CFR 31.28t-4. E Lcbbying cos� urialknMable per 48 CFR 31.205�2 F AdverU�ng antf pramo�� cos�e unaibvuebla p�r 48 GFR 31.205-'!(Q- � DIrecE prvject cos� unaflowable in overhead par 98 CFR 31.202{a). H Ho!ldaY l��Y coefs over $Z5 Per �nplcYee ivaalloNrable per 48 CFR 31.�5-14 and WSQO'F O+refiead PoQcy: I Ca�trtia7s ta�allawebie per�EB CFEt 34.Zfl5�8. ' J Cost ofmoney e�owable perA8 CFR 31.205-10(a). �� � YYSD07 A�usbnsr� K Ovar5me prendum uneiowa4le perAB CFR 22.709 22.40:i-4 (� 84 WSQOT poHey. L•Adver�ding (logas on autos) unallawuable per 48 CFR 3i20S-1(b). M E8A tr�9urence qne[lovnab� per �!8 GFR 31.205-19 ( c) {3)- N MeeEfinO expens88 - uneUox�ab[e �at moals. They don't �tteef the G1f�t�a of VY5WT poliCy. . Enf�nment per A8 CFR 39.24�-44. • Q C�er►'1 me�[ngs wla�owable pet 48 CFR 31.202 {aJ & 39.Zt31-8. P Non-bdlabte dtre�t proj�ct t�ts unaUowable !n ofi per �4B CFl2 31202 (aj. R Ent�ainment �mallowable p�r �i8 CFR 51.245-94. S Common corth cl ratrt a�ustment per 98 CFR 81.2Q5 36 (b) C3)• . T Prior y�r or pest year expens� unallowable pe� 48 CFli 39.20�{ 2( c j 8� 31.201-3 {s). � � Washington State DepartmenL of Transporta#�on Paula J. Hammond, P.E. Secretary of Transpo�tation November 4, 2010 Mr. Robert Jenson, CFO Nart Crowser, inc. 1700 Westiake Ave N, Suite 200 Seattle WA 98109-62'12 Re: Hart Crowser, inc. Overhead Schedule Fiscai Year End June 26, 2Q09 Dear Mr. Jenson: Transportation Buildiag 310 Iblaple Park Avenue S.E_ F'.O. Box 4730a O!ycnpia, WA 98504-7300 350-705-7Q00 TTY: 1-8�70-833-6388 arrvw.wsdot,wa.gov On November 4, 2d1d, as a WSDOT representative, Michelle Swanson, Audit Specialist, completed a desk review af your proposed �YE June 26, 20o9, Overhead Scheduie. Micl�etle also reviewed the documentatiort provided by Hart Crowser, Inc. during this review process. The reviewe� data inciuded, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and descriptian of Hart Crowser, Inc. accounting system and the basis of indirect costs. Based on our wark, we are issuing this letter of review establishing Ha�t Crowser, Inc. overhead rate fo� the fiscal year ending June 26, 20(?9, at 990.38°/a of direct labor. CQSts biEled to actual agreernents wiil s#ill be subject to audit of actual costs. Pfease check with the WSDOT Consultant Services Office (HQ) andtor the WSDOT Area Cor�suitant Liaison ta deterrnine when this reviewed �ate will be applicabie to your WSD�T agreement(s). If you or any representatives of Hart Crowser, lnc, have any questions, please contact Martha Roach, Jeri Sivertson, or Stave McKerney at (360} 705-7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclasures cc: Steve McKerney, Director of internal Audit Jeri Sivertson, Assistant Director af Internal Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File Hart Crowser, Inc. Overhead Scheduie Fiscal Year J'une 26, 20d9 Finaaciaf Statement Hart Accepted Description Amaunt Crowsec Adj. WSDOT Adj. itef. AmaoIIt °/. Ilirect Labor Base Fringe Benefits Holiday ' Vacation Sick Leave Payroll Taxes Life & Health Ins. Workers Comp. Fringe Benefit Adjnstrnent (Marketing} Total Fringe Ben�ts Geueral Overhead Proposal Proposal i�ian-Labor Profassional Development Labor Professional Development Marketing Labor Marketing Conferences Seminars & DS/i.abor Conferences Seminars & DS Professional Liab. Ins. Computer Recruiting Office Expense Telephone Depreciation Depreciation Reimbursable Rent Field Expenses Field Reimbursables Labontory Laboratory Reimbursables . Tech Pubs/Subscriptions Vehicles Vehicle Reimbursables Employee Benefits ESOP & 401(k) GeneralInsurance Bnsiness Taices - State Business Taxes - Ciry Safety General & Admin. Labor General & Admin. General & Admin. Reimbursables Facceptional Perf. Recognition (Bonus) Inceniive Compensation Misc. �ffice Items Bad Debts Interest Tota2 General Overhead Total Overhead Costs Overhead Rate 53,299,269 Sl 99,2 ] 4 $517,844 $7,655 $511,143 $524,523 $38,973 ($50,049) $1,799,358 �0 (550,049} $528,937 ($405) $25,114 ($2,946) S 106,2U7 $86,041 (5695) $185,781 ($185,781) $33,6U2 {$33,602) $94,581 (�76,970) $7,152 ($225) $I7,024 �70,464 534,739 ($8,000) 545,663 �128,70a $183,898 (537,999) $858,906 E�g,�} $79,633 ($59,139) ($7,84U) aso� (595,544) $95,043 514,962 {$500) $?2,767 ($79,082) $6,3I5 543,501 ($38,36I) ($L,674) $186,580 $ t 07,373 520,00� $193,313 (S 10) 550,121 S 16,905 $1,657,409 (525,025) $508,289 . ($256,270} (549,608) (517,699) 575,616 (575,616) 559,919 • (�b,201) 55,88b 560,000 ($60,000) $107,12$ ($107,128) 55,344,754 {$76t,333) ($15I,776} $7144123 ($?b1,333) {$201,825) 216.54% 193.46°/a Y A P A B B K A C R � J n,M,o,� V Q L D,E,F,N,P,S,T,U,W M x G H $3,299,Zfi9 100.00% S i 99,214 b.04% $517,849 I5.76% $7,655 Q.23% �511,143 15.49% 5524,523 15.90% $38,973 . 1.18% ($SO,Q49) -I.52% 51,744,309 53.02% $528,532 522, [ 68 $106,207 $85,346 SO $0 $17,6i0 $6,927 $17,024 510,064 526,739 545,663 S128,700 5183,898 (537,999) $849,306 �74,633 (566,979) $Sal (5501) S 14,462 $72,767 �$���76'� 53,466 �18b,580 5127,373 $193,303 $50,121 $16,905 $1,632,384 5202,411 (S t 7,699) SO E59,419 (�315) $0 $0 $4,531,753 16A2°/a . Q.67% 3.22% 2.59% O.QO% 0.00% 0.53% 0.21 % 0.52% 2.12% 4.81 % l .38% 3.90% 5.57% -1.15% 25.74% 2.4I% -2.03°fo 0.02% -0.02% 0.44% 2.21 % -2.21 % 0.11% 5.66% 3.86% 5.8b% 1.52% 0.51% 49.48% 6� 14°10 -0.54% 0.00°h ] .82°k -O.Ol% 0.40% O.dO% 137.36% $6,281,062 190.38% 19038% Pa�e 1 Hart Crowser, Inc. Overhead Schedule Fiscal Year June 26, 2009 Finsnci�l Statement Hart Accepted Description Amount Crowser Adj. WSDOT Adj. Ref: Arnfl�IIt % Hcrt Crowser,lac. - Reviewed and Accepted II/4/2010 MRS "Overkead Rate stiJt subject to WSDOTAudit" References Hart Ciowser Dverkead compiled in-house by Robert Jenson Hart Crowser Adjustmeuts: A Excess Lodgiag & Per Diem unallowable per 48 CFR 31.205-14, 31.245-46 & WSDOT Accaunting Mannal, Ch. 10, Travel. B Mazketing unallowabie per 48 CFR 31.205-1(fl. � C Signing inceatives unallowable per 48 CFR 31.2U5-34{b). D Entertainment unailowable per 48 CFR 31.205-14. E Contributions unallowable per 48 CFR 31.205-8. F Organizadonal Costs tmallowable per 48 CFR 32?OS-27{a). G Bad Debts unallowahle per 48 CFR 3 I.205-3. FI Interest urtallowable per 48 CFR 31.205-20. I Mazk-ups an fieId expenses unallowable per 48 CFR 31.2Qi-4 & 22.103-]. J Lab reimbursables unallowable per 48 CFR 31.201-b. K D"srect Projeci Costs unatowable per 48 CFR 31.2d2(a). L Overtime Premium unallowabte per 48 CFR 22.103-1, 22.103-4(g} & WSD�T O/H Poticy. M Bonus �mallowabte per 48 CFR 31.205-6(� and WSDOT Bonus Poiicy. Aue to econamic condi��ions, Hart Crnwser only pravided bonuscs w selected staff. N Federal Income Tax Prep Fees in excess of $250 unallowable per 48 CFR 31.205-42(b)(I}, 3t.24i-6(a) & WSDOT O/Ii Policy. p Excess Christmas Party expenses to#aiing $16,292.11 unallowable per 48 CFR 3 I.205-I4 & WSf30T Policy. Hart C�owser had 3 Christmas Parties attd a total of 75 ee's who attended. vVSDUT Adjustmeau: p Local meals not in compliance with WSDOT Iocat meals policy are unallowable per 48 CFR 31.205-14 and WSDOT Accounting Manual M 13-82, Chapter l0 -$866 was removed from Employee Benfts for empioyee staff reviervs; $1,269 was removed from Genez'al and Admin for snacks/meals at staff ineetings; We remaved d�e entire account #9581 - General Meals, ia the amount of $35,829 from Genetal and Admin; 52,946 was removed from Proposal Non-l.abor for meals purchased for employees working after hours. Q State income taxes unallowable per 48 CFR 31.201-5 R parking unallowable per 48 CFR 31.201-4 - noc availabie to al] employees. S Severance pay in the amount of S6,�03 unallowabte per 48 CFR 31.245-6(g) T Trave2 not ia compliance with WSDOT Accounting Manual M 13-82, Chap4er 14 Travel is unallowable per 48 CFR 31.205-46(a)(� -$2,545 was removed &om Acctf#9582 because ao purpose for the h�avel was listed on supporting documentation. U Gifis in the amount of 5808 are unallowable per 48 CFR 31.205-3(b) - per Robert Jenson, these are €or tickets and other smali incentives for a,yob wall done. No written policy is in place for these items. V Insurance agent fee ailowable per 48 CFR 31.205-33 -$24,000 was incorrecdy recorded with interest expense, which was eritireiy removed. Added back in commision fee in cdrrect account. W Cosu associated with litigation unaliowable per 48 CFR 3I.205-47 - Travel costs, in the amaunt of $3,262, are for a consultant working on titigation for the firm. X Project cxpcnses unallowable per 48 CFi� 31.202 Y Fringe benefits direcdy related to marketing labor unallowable per 48 CFR 31.201-6. Page 2 �as�a������ �ta�e H��p��#sxa�z�� r�� T��e���a�ae�#�t�r�r� Pauia ,9. @�as'sarrsont�, P.�. Secrstary of Transpartation September 2, 2010 Sarah Brinkerhoff, Finance Manager Transpo Group, lnc. 11730 118�' Ave NE, Suite 600 Kirkland WA 98034-712Q Re: Transpo Group, inc. Overhead Schedule Fiscal Year End December 3.1, 2009 Dear Ms. Brinkerhoff: 3r�r�s�ortat'aon BuiE�'6reg 3� a�tapie Fark Aven4e S.E. °.O. Box Y7300 Orymp(a itctA 88504-73fls� 36t}-7G5-730Q TTY: 1-3flQ-833-6388. w�ww.visdotwa.gov. � :�: �E� � � zo�� �� iRI�1���C3 �n`�'t.�.� On September 2, 2010, as a WSDOT representative, Laura Trainer, Audit Specialist, completed a desk review of your proposed FYE December 31, 2009, Overhead Schedule. Laura also reviewed the documentation provided by Transpo Group, Inc. during this review process. The reviewed data inciuded, but was not limited to; the schedule of. the indirect cost rate, a description of the company, basis of accounting and description of Transpo Group, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review esfablishing Transpo Group, Inc. overhead rate for the fiscai year ending December 31, 2009, at 190.81°/a (rate includes Facilities Cost of Capital} of direct laboc. Costs bilted. to actuai agreements wil( stilF be subject to audit of actual costs. Please check with the WSDOT Consultant Services Offce (HQ) andJor the Vi/SDOT Area Consuitant Liaison to determine when this reviewed rate will be applicable to Xour WSDOT agreement(s). If you or any representatives of Transpo Group,. inc. have any questions, pfease contact Martha Roach, Jeri Sivertson, or Steve McKemey at (360} 7Q5-7003. Sincerely, � Martha S. Roach Agresment Compliance Audit Manager MR:ds Enclasures cc: Steve McKerney, Direcfar of Internai Audit Jeri Sivertson, Assistant Director of (nternai Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File Transpo Group Overhead Schedule , .__...._.__—_--..--------_s_...._.._.____........_...._._.----._..._...._.._..__.__.___�_.....__. For the Year Ended December 31, 2009 Rinancial Statement Transpo Accepted Description Amount Adj. WSDOT Adj. Ref. Amount % Direct Labor Fringe Benefifis: Vacation, Sick, & Hoiiday Payroll Ta:ces Health Insurance Workers' Comp. Insurance Profit Sharing (401-k) Total Fringe Benefits General Oxerhead: Administrative Labor Signing/PE License Bonuses Service Awards Bonuses , Depreciation Professional Dues & Training Meals & Entertainment Employee Relations Travel Professional Nleetings & Conferences Insurance-Gen Liab, Pro£ Liability Insurance - Key Employee Interest Expense LegaVAccountin ;/Advisors Recruiting Costs Outsource-HR, Computer & Temp Office Supplies/ReproBquip Rental Communications & Advertising Rent, Repairs & Maintenance Business Taxes Corporate Charitable Contributions Bad Debts Total Gener�l Overhead Total Overhead Costs Overhead Rate (Less FCC) Facilities Cost of Capital Overhead Rate (Includes FCC� $2,239,950 $484,218 335,258 397,710 18,051 58,146 $1,293,383 $0 $0 $1,301,376 ($l��fli� 35,250 . (35,250) ' 10,394 (10,394) 428,653 (428,653) 2Q5,389 62,157 46,951 (15,846) (31,105} 11,833 (1,383) 225,461 (45,392) (104,738) 21,368 (13,662} 101,773 4,299 (4,299} 21,236 (21,23� 217,723 (23,571) 40,254 5,166 227,170 (10,799) 159,463 (14,864) (1,853) 489,85 i (31,750) 149,834 (1,438) (159) 10,407 (10,407) 0 $3,776,008 ($174,913) ($643,902) $5,069,391 ($174,913) ($643,902} 226.32% 218.51% $23,427 I,K N N N C,G,I,J,O,P H B,C,I,O,S I E L D,F,E A,I I,Q O I,R M Traatspo Group - Revie►ved & Accepted 09/02/X 0 LT "Overhead Rnte still subject to WSDOTAudit" $2,239,950 $484,218 335,258 397,710 18,051 58,146 $1,293,383 $1,289,360 0 0 0 205,389 62,157 0 10,450 75,331 7,706 101,773 0 0 194,152 40,254 5,166 216,371 142,746 458,101 148,237 0 0 $2,957,193 �[iI���I�Y�! 21.62% 14.97% 17.76% 0.81 % 2.60% 57.74% 57.56% 4.00% 0.00% 0.00% 9.17% 2.77% 0.00% 0.47% 3.36% 0.34% 4.54% 0.00% 0.00% 8.67% 1.80% 0:?3% 9.66% 6.37% 20,45% 6.62% O.OQ% 0.00% 132.02% $4,250,576 189.76% 189.76°/a $23,427 1.05% $4,274,003 190.81% Page 1 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, colar, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly ar 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 ar 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 ar 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, ar suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant ar 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 ar 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 wark 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 wark 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 The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/ar cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design errar(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2- Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3— Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4— Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design enor(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6I05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design errar(s) issue be forwarded to the Directar of Public Works ar Agency Engineer for review. If the Directar of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged errar(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of wark and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Warks or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request far consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification far 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 wark 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 far federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible far 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/OS If the Agency does not agree with the consultant's claim; proceed to step 3 of the procedures. Step 3— Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4— Director of Public Warks or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHi�VA 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 M-1(a) Certification Of Consuitant Project No. Local Agency I hereby certify that I am Robert L. Fernandes and duly authorized representative ofthe firm of BergerABAM Inc. whose address is 3 3 3 01 9 th Av� s_, � t P 3..p n��a wa ��wn 41-8 9�1 �d 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 CONSULTAN'1� to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 1 6�une 2 p 1 � � f ������� Date � Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/OS Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City 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, ar 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. CITY OF FEDERAL WAY r'f � /2 • Zo�l Date kip Priest Mayor 33325 8` Avenue S Federal Way, WA 98003-6325 DOT Form 140-089 EF ExhibitM-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibiiity Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-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 (federai, sta.te, or local) transaction or contract under a public transaction; violation of federal or sta.te 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 (n (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explana.tion to this proposal. Consultant (Fi.rm): Berc�rABAM Tnc . .- � � � (Signature) resident or Authorized Official o onsuftant DOT Form 740-089 EF Exhibit M-2 Revised 6/OS Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by si�ing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Pederal 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 o�cer 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 sha11 require that the language of this certification be included in a111ower tier subcontracts which eYCeed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): g 16 June (Date) or Authorized Official of DOT Fortn 140-089 EF Exhibit M-3 Revised 6/OS Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data, (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of 320th Street .Proj ect * are accurate, complete, and current as of 1 6 T�nP 01 1 _**. 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 BerqerABAM Inc Name Robert L. Fernandes Title Vi�ce President Date of Execution* ** 16 June 2 01 1 * 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 yeaz when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Fortn 140-089 EF Exhibit PA-4 Revised 8/OS BER50325 °�� � DATE (MM/DDIYYYY) ' �� �' CERTIFICATE OF LIABILITY INSURANCE 6/30/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Commercial Lines - (206) 892-9200 NAME: PHONE F� Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 E-MAIL �uc No : ADDRESS: 601 Union Street, Suite 1300 INSURER S AFFORDING COVERAGE NAIC # Seattle, WA 98101-1371 iNSURERA: Travelers Property Casualty Insurance Company 36161 INSURED gergerABAM, Inc. iNSUReR s: Travelers Indemnity Co of America 25666 33301 9th Ave S. iNSUReR c: State National Ins. Co., Inc 12831 iNSUReR �: Lexington Insurance Company 19437 INSURER E : . Federal Way, WA 98003 COVERAGES CERTIFICATE NUMBER: 2965434 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR pOLICY NUMBER MM/DDIYYYY MM DDYIYYYY LIMITS LTR A GENERAL LIABILITY 6808264P255 05/01/11 05/01/12 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurtence $ CLAIMS-MADE � OCCUR MED EXP (Any one person) $ 10,000 X WA Stop Gap PERSONAL & ADV INJURY $ 1,000,000 GENER,4L AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 2,000,000 POLICY PR � X LOC Employer's Liability $ 1,000,000 B AUTOMOBILE LIABILITY BA8269P109 05/01/11 05/01/12 E�a accideDtSINGLE LIMIT 1,000,000 x ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON-OWNED Per�a cidentDAMAGE $ HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY �. � N ANY PROPRIETORIPARTNER/EXECUTIVE ❑ N � A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED7 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe undar DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Maritime Employers Liability TUV88101901 05/Qt/11 05/01/12 $�,000 ,000.Any One Person/$1,000,000. Any One Accident DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Sehedule, if more space is required) RE: SOUTH 320TH STREET AT 20TH AV ENUE SOUTH INTERSECTION IMPROVEMENTS DESIGN SERVIVES PROJECT. CITY OF FEDERAL WAY IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTO LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED ENDORSEMENTS. DJT TE City of Federal Way Attn: John Mulkey City Hall 33325 8th Avenue South Federal Way, WA 98063 SHOU�D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POIICY PROVISIONS. AUTHORIZED REPRESENTATIVE f} / l. � (RaM �,�°+""'Fi ti J The ACORD name and logo are registered marks of ACORD OO 1988 ACORD CORPORATION. All rights reserved. ACORD 25 (2010I05) CID: BER50325 SID: 2965434 6808264P255 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIOMS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 11�, Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which c�vers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is soug ht arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by ycv. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is cieleted. 3. The following is added to Paragraph b. Excess Insurance, as an addition��l subparagraph under Subparagraph (1): That is availabte to the insured when the insured is added as an additional insured under any other policy, induding any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 R�: POLICY N0. BA8269P109 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ-IT CAREFULLY. BUSiNESS AUTO EXTENSI.O�V END�RSEMENT This endorsement modifies insurance provided under ihe follawing: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, fl�e provisions ot #he Coverage Form apply unless modi- fied by the endorsement. C3E111ERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, caverage for any injury, damage or medical expenses described in any of the provis[ons of this endorsement may be exduded or limited by another endorsement to ihe Covarage Part, and these coverage broadenirtg provisions do nat apply to the extent that coverage is excluded or limited by such an endorsemenf, The folfowing listing is a generat cover- age descriptivn onfy. Limitations and exclasions may apply to these coverages. Read all the provisians of this en- dorsement and the rest af your policy carefuily to determine rights, dulies, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITI�NAL INSURED C. EMPLOYEE HIRED AU70 p. EMPLOYEES AS tNSURED E. SUPPLEMENTARY PAYMENTS — INCREASED t,IMiTS F. HlRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. INAiVEFt OF DEOUCTIBLE — GLASS PRUVISIONS A. BRORD FORM NAMED INSURED The foliowing is added to Paragraph A.1., Who Is An lnsured, of' SECTtON 11 — UABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the pollcy period over which you maintain 50�0� or more ownership interest and that i& not separately insured for Business Auto Coverage. Coverage under this provision is afforded oniy un- tii the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITfONAL INSURED The fvHowing is added to Paragraph c. in A.1., Who Is An Insured, of SEC710N !I — LIABILITY COVERAGE: Any person or organization who is required under a written contract ar agreement between you and that person or arganization, 4hat is signeQ and H. HIR�D AUTO PHYSICAL DAMAGE — LOSS O� USE — fNCREASED LIMIT t. PMYSICAL DAMAG� — 7RAN5PORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K.. AIRBAGS L. NOTICE AND KNOWLEDGE �F ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAI ERRORB OR OMI8SIONS executed by you before the "bodily injury" or "pCOperty damage" occurs anc3 that is in effect during the policy period, to be named as an addi- #ional insured is an "insured" far l.iability Cover- age, but only far damages to which this insurance applies and only to the extent that person or or- ganization qualifies as ar► "insured" under the Who Is An Insured provision contained in Seci(on il. C. EMP�.�YEE HIRED AUTb 1. 7he following is addad io Paragraph A.1., Who Is An lnsured. of SECTiON il — LI- ABiLITY COVERAGE: An "employee" of yours is an °insured" whiEe operating an "auto" hired or rented under a contract or ag�eement in that "employee's" name, with your permission, while pertorrning duties related io the conduct of your busi- ness. � CA T3 b3 06 09 � 2009 The TraveEers Companies inc. Page 1 of 4 includes the copyrighted material of Ineurance Services Office, Inc. wllh ita permisslon. COMMERCIAL AUTO , .=. � ;�.�.�.�.• � a �� � � a o o� � o� � m ..� a � m--�- ...,� ._.� �� �•-- os � o� � cs � .� ._... 2. The foilowing replaces Paragraph b. in B.s., Other insurance, of S�CTlON IV — BUSI- NE33 AUTO CONDITIONS: � b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any aovered "auto" you lease, hire, rent or borrow; and (2� Any cflvered "auto" hired or rented by your "ernployee" under a contraci in that individuat "employee's" �name, with your permission, while perform- ing du#ies reiated to the conduc{ of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. �MPLOYEES AS tNSURED The follow�ng is arld�d ta Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABtLITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your pers�nal affairs. E�. SUPPLEMEN7ARY �PAYMENT8 — INCREASED R.IMITS United States of America applies to and pro- hibits the transaction of business with vr within such country or jurlsdlction, for Liability Coverage for any covered "auto" that you lease, hire, renf or borrow wifhout a driver for a period af 30 days or less and that is not an "auta" you lease, hire, rent or borrow from any of your "emptoyees", partners (if yau are a partnership), members (if you are a itmited iiability company) or members of their house- holds. {1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: {a) You�must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) I�feither you nor any other in- volved "insured" will make any settlement without our cansent. (c) We rriay, at our discretion, par- ticipate in defending the "Insured" against, or in the settlement of, any claim or "suiY'. 1. The following replaces Par�graph A.2.a.{2), of 5�CTION q— LIA8ILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related trafffc law viola- t{ons) required because of an "accident" we cover. We da not have to furnish these bands. Z. 7he foNawing replaces Paragraph A.2.a.(4), of SEC1'ION 11— I.lAB1�.ITY COVERAGE: (4) All reasonat�le exp8nses incurred by tha "insured" at our request, including actual foss of eamings up to $500 a day be- cause of time off from wosk. F. HIRED AUTO — UMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following repfaces Subparagraph e. in Para- � graph 8.7., Policy Term, Coverage Territory, of SECTION !V — BUSINESS AUTO GONDI7iONS: e. Anywhere In the world, except any country ar jurisdlction while any trade sanction, em- bargo, or similar regulation imposed by the (dj We wfll reimburse the "insured": (i�� For surns that the "insured" legally must pay as dernages because of "bodily 1nJury" or "property damage" ta whfch this insurance applies, that the "insured" pays wlth our consent, but onty up to the limit descriped in Paragraph C., Limit Of Insurance, of SECTION 1! — LIABILITY COVERAG�; (ii) For the reasonabls expenses incurrad wiEh our consent for your .investigation of such claims and your defense of the "insured" egainst any such "suit", but only up to and included within the Iimit de- scribed in Paragraph C., Limit Of Insurance, of SECTIOIV II — LlABILtTY COVERAGE, Page 2 of 4 � 20os The Travelers Companies, �nc. CA T3 53 06 08 tncludes the copyrtghted materiel o( Inaurance Services Offica, !na with (ts permisslon. OD4946 COMMERCIAL AUT4 and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This Insurance is excess over any valid and collectibie other insurance available to the "insured" whether primary, excess cor�tingent or on any other basls. {3} This insurance is not a substitute for re- quired or compulsory insurance in any cauntry outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. � You agree to maintain all required or compuisary insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalicfate fhe c4verage afforded by this policy, but we will only be liabie to the same extent we would have been liable had you camplied with ihe compulsory in- � surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the Uni#ed States of Ameri�a, Its te�ritories and possessions, Puerto Rico and Can- ada. We assume no responslbility for the furnishing of certificatQS of insurance, or for comp(iance fn any way with the laws of other countries relating ta lnsurance. G. WAfVER OF DEDUCTIBLE — GLASS The follovuing is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to �� glass damage if the.glass is repaired rather than reptaced. H. NIRER AUTO PHYSICAL DAMAGE = LOSS OF USE — INCREASED LIMIT The foAowing replaces the fast sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- 7fON ltl — PHYSICAL DAMAG� COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, ta a maximum of $750 for any one "accident". 1. PHYSICAL DAMAGE — TRANSPORTATIOIV EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., 7ransportation Expenses, of SEC- TfON ill — PHYSiCAL DAMAGE COVERAGE: We wil! pay up to $50 per day to a maximum of �1.500 for temporary transpartation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger fype. J. PERSONAL EFFECTS The following is added to Paragraph A.4., C�ver- age Extensions, of SECTION ill — PFtYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $40a fo� "loss" to wearing ap- parel and other personal effects which are: {�I) Owned by an "insured"; and (2) In or on your covered "auto". This co�erage applies oniy in the event of a totai theft of your covered "auto". � Na deductibtes apply to this Persona{ Effects coverage. K, AIRBAGS The following is added to Paragraph 6.3., Exciu- sians, of 3ECTION 1!I — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "Eoss" to one or rnore airbags in a covered "auto" you own #hat in- flate due to a cause other than a cause of "{oss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. ff that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The afrbags were not intentionally inflated. We will pay up to a maxirnum of $1,000 for any one "loss". L. N�TlCE AND KNOWLEDGE OF ACCIDENT OR LOSS 7he fullowing is added to Paragraph A.2.a., of SEC710N IV — BUSINE3S AUTO COND11'IONS: Your duty to give us or our author�zed representa- tive prompt notice af the "acc�dent" or "loss" ap- plies anly when the "accident" or "Ioss" is known to: (a) You (if you are an individua�; CA T3 53 Ofi 09 � 2009 Tha Travalers Companles, lnc. Page 3 of 4 Ineludes ifi►e eopyrfghted rneterlal of lnsurance Services Ofllce, Inc. with fts permisslon. COMMERCIAL AUTa � �— � a� �� m- �� �� o,�� s o� � o� � o� rs� � o� ' � � r�� � � �� n^ o� o� � �� �� � w+� � �� •�r (bj A partner (if you are a partnership); (c) A member (if you are a limited IiabNity com- pany}; ' (d) An execuiive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e} Any "employee" authorized by you io give no- tice of the "accidenY' or "loss". M. BLANKET WAIVER OF SU8ROGATfON The following replaces Paragraph A.S., Transfer Of Rights �f Recovery Against Others To Us, of SEC710N IV – BUSlIUESS AUTO CQNDi- TiONS: 5. 7ransfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organlzation to the ex- tent required of you by a written contract signed and executed prior #o any "accident" OI' ° �OSS��, provided that the .'�aCCII�BIlt�� 01' ���OSS arises aut of operations contemplated by such contract. Ttee waiver appiies onty to fhe person nr organization designated in such contract. N. UNINTENTIONAL ERROR3 OR OMISSIONS The following is acided to Paragraph 8.2., Con- ceatment, Misrepresentation, Or Fraud, of SECTfON iV – BUSINE5S AUTO CONDITIONS: 7he unintentional omis5ion of, or unintentional error in, any informatfon glven by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect addllional premium or exercise our right of cancellation or nan-renewal. Page 4 of 4 � 2009 The Travelers Companies, Inc. CA T3 53 OB 09 Includes the copyrighted materlai of insurance Services Otffce, Inc. with its permission. 001846 6808264P255 COMMERICAL GENERAI. LIABlLITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU�LY. BLANKET ADDITfUNAL INSURED (ARGHITECTS, ENGINEER� AND SURVEYORS) .� . _.... � �� � � �,-.... ...... o .:. w o a ---*. , �,� ...._ o ..;.,.. _ �,�^— ...._ ...... � a 4 = �_ ,.`.. This endorsement modifes insurance providec! under #he following: C�MMERCfA�. GENERAL LIABiLI`iY COVERAGE PART A. The foilowing is added to WHO iS AW 1NSURED (Section fl): . Any person or organization that you agree in a "contracf or agreement �equiring insurance" to in- clude. as an additionai insured on this Coverage Part, but only with respect to liability far "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts ar omissions of those acting on your behalf: a. In #he pertormance af yaur ongaing opera- tians; b. In connection with premises owned by or rented #o you; or c. 1n connection with "your work" and inciuded witf►in the "products-completad operations , hazard". Such person or organization does not qualify as an additional insured for "bodity injury", "property damage" or "personal injury" for which that per- son or organization has assumed tiabifity in a con- tract or agreement. INSURANCE (Sectian !il) for this Coverage Part. B. The foilowing is added to Paragraph a. of 4. Other Ensurance in COMMERCIAL GENERAL. LlABI�.iT'Y CONUITIONS (Section 1V): However, if yd� specifica#ly agree in a"contract or agreement requiring insurance" that the insurance prov�ded to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance tha# is availabie to such additiona{ insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: {1} The "bodily�injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as €ollows: d. This insurance does not appiy on any basis to any person or organization for which cover- � age as an additianal insured specifcally is added by another endnrsement ta this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to fhe acfdi- tionai insured shall be t�e limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that addifional insured, or #he limi�s shown in the Declara- tions for this Coverage Part, whichever are less. This endocsement does nat increase the limifs ofi insurance stated in the LIMiTS OF after you have entered into that "contraci or agreement requiring insurance". Sut this insur- ance still is excess over valid and collectible ofher insurance, whether primary, excess, con#ingent or on any oiher basis, that is availabie to the insured when the insured is an additiona! insured under any Qther insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LlAB1LITY CON- DlTIONS (Sectian N): We waive any rigMs of recnvery we may have against any person or organizatian because of payments we make for "bodily injury", "property damage" or "personal injury" arising ou# of ° �IOUT wark" pertormed by you, or on your behalf, under a"coniract or agreemerrt requ9ring insurance" with ihat person or organization. We waive these rights only where you have agreed fo do so as part of Ehe "contract or agreement requiring insur- ance" with such person or arganization ente�ed into by you before, and in effect when, the "bodiiy CG D3 81 Q8 0'7 t� 2tMa7 The Travelers Companies inc. Page 1 of 2 Encludes the copyrighted material of lnsurance 5ervices Office, Inc., with its permissiort. 005758 COMMERICAL GENERAL UABILETY injury" or "property damage" occur�s, or the "per- sonaf injury" offense is committed. D. The foflowing definition is added ta DEFIAIlTIONS �Secti�n V}: "Contract or agreemen# requiring insurance" means that part of any contract or agreement un- der which you are required Yo include a person or organizaiion as an additionaf ins�red on this Cov- erage Part, provided that the "bodily injury" and "proper#y damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part ofithe contract or agreement.is in effect; ancf c, Before the end of the poticy period. Page 2 af 2 t�20a7 The Travelers Companies, Inc. CG D3 81 09 07 lncludes the copyrightecf materiaE ot Insurance Setvices Office, Ine., wiFh its permission.