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AG 13-067RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/Div: PUBLIC WORKS/ 5+ C n�� 2. ORIGINATING STAFF PERSON: (�I' 1�- nc- M EXT: X �� 2 3. DATE REQ. BY: A S/�i'r 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) Cl ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ■ OTHER ba L�j • OLD-7 15IUflO Lo009f,1'tf' � 5. PROJECT NAME: S? 20-k" St X- I& Age, C-) 6. NAME OF CONTRACTOR: ADDRESS: '3? 1501 N• TELEPHONE: E -MAIL: � 0 FAX: SIGNATURE NAME: ,QbWY i fPx1'IQInde- - TITLE: \PtCe ��Z51C�i�l�i 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 # BL, EXP. 1/2�/�3,1 / UBI # , EXP.' 1 / / 8. TERM: COMMENCEMENT DATE: o �Zf) 5� o� I3 COMPLETION DATE: 1; I?J1 / A (Mod►J�icLl U.) l,-V 1 9. TOTAL COMPENSATION: $ 2 91 -(Q(0 .'bD (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: $ �k I LOt6 . 00 IS SALES TAX OWED: ❑ YES a NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: SOLD • gLkoO. 139 • -r)c�5 - 30-.4 k� 10. DOCUMENT/ CONTRACT REVIEW K PROJECT MANAGER ® DIVISION MANAGER ig DEPUTY DIRECTOR L1 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) es LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED 1 • aq • 1 S Z COMMITTEE APPROVAL DATE: N>)lk 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I2'2cI `I'T ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ;Q LAW DEPT CHIEF OF STA 1 SIGNATORY AYO OR DIRECTOR CITY CLERK ASSIGNEDAG# SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE "f-- " ORIGINALS 15 .. -c p, k lc a1reAAA4 -1le 7 \jcs - INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: 1JJA AV DATE REC' D: I s- 11/9 AG 13 -067 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR S 320TH STREET AT 20TH AVE S INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with BergerABAM, Inc. effective the 5tH day of April 2013, identified as Agreement No. 13 -067, and as supplemented by "Supplement No. 1" on June 19, 2013, and as supplemented by "Supplement No. 2" on May 21, 2014. 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: I Section IV, Time for Beginning and Completion, shall be extended and the new date for completion shall be December 31, 2014. II 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 d`day of Sa 1.Gll� �.( 20L5 BERGERABAM, INC. B y,: a(-,� y � -, /- Robert Fernandes Its: Vice President - -- ! 33301 Ninth Avenue S., Suite 300 Federal Way, WA 98003 CITY OF FE RAL WAY By: Ferr I Its: Mayor 33325 8th Ave S Federal Way, WA 98003 APPROVED AnS TO FO M: V Amy Jo Pearsall, City Attorney K:AS'1'RI,;I �' I'S \IIROJI sC'I'S \5320th at 20th Ave S & Water Quality Vault \Construction \Intx Improv cmcnts \CM .Agrccment \Contract \Suppicmcnt No 3 \AG 13 -067 Supl. 3.doc RETURN TO: �L`�u,,� EXT: L CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC 1 jWORKS // 151 ree `JI 1 2. ORIGINATING STAFF PERSON: l/� IrI�J_I I� MWIC4 EXT: A 2--72-3 3. DATE REQ. BY: 5 /Z / ZO I + 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(AG #): ❑ INTERLOCAL >L OTHER ) V D le-Vh & 1•^ 02. Al I �5 ^ 0 (D -7 5. PROJECT NAME: 5320 4�1 5t 0.t2 O+hA\/e 5 -T ie r5 b� o n � VP.Iri���IifYJ 6. NAME OF CONTRACTOR: 1BCrOjeeA13AH -lhL ADDRESS:'YS * O A TELEPHONE: 20,0. LI Z 1•'lU)C0 E -MAIL: QBpU?J FAX: SIGNATURE NAME:- QnhPrk r=ernande5 TITLE: VICG President 7. EXHIBITS AND ATTACHMENTS: 9 SCOPE, WORK OR SERVICES JV COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #00 kolSlco 00o UO ' BL, EXP. 12/31/ UBI # h[)l kl n-r tS , EXP. a{ /30 8. TERM: COMMENCEMENT DATE: O'T 1 / COMPLETIONDATE: Q '50I2b14 $i 22.E 2eD . 50 -K%5 SupplCrileflE. 4.2) 9. TOTAL COMPENSATION: $ $ 2.011,1CU - to VeA i6ed - Iir!'011 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ® YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ tl I0(5-00 IS SALES TAX OWED: ❑ YES IENO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: SOU . y1A00 • 1301 • 5 015"50 - Lt II 10. DOCUMENT/ CONTRACT REVIEW tg PROJECT MANAGER ig DIVISION MANAGER CIL DEPUTY DIRECTOR p DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 44 LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED chelyn kA 29 LA �. on lei COMMITTEE APPROVAL DATE: QlAt 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 51,5 Im ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) tYCITY CLERK ASSIGNED AG # SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE 2." ORIGINALS IN L / DATE SIGNED of AG1 otp7jf� DATE SENT: = • �1.�• INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: t4 jA DATE REC'D: S 19 1 I 11/9 AG 13 -067 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR S 320TH STREET AT 20TH AVE S INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with BergerABAM, Inc. effective the 5th day of April 2013, identified as Agreement No. 13 -067, and as supplemented by "Supplement No. 1" on June 19, 2013. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 2 ". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A -1.2" attached hereto and incorporated by this reference (Additional Services). II Section IV, Time for Beginning and Completion, shall be extended and the new date for completion shall be June 30, 2014. III Section VI, Subcontracting, shall be amended to credit the unused subconsultant budgets back to the approved contract amount, more particularly described on the attached Exhibit E -1.2. IV Section V, Payment, The maximum amount payable under this Supplement No. 2, inclusive of all fees and other costs, is Twenty -two Thousand, Two Hundred Eighty and 50/100 Dollars ($22,280.50), for a total amount payable to the Contractor, pursuant to the Agreement, Supplement No. 1, and this Supplement No. 2, inclusive of all fees and other costs, to be an amount not to exceed Two Hundred, Ninety Seven Thousand, Seven Hundred Six & 50/100 Dollars ($297,706.50) as identified on the attached Exhibit E -1.2. V 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. 2, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this 2-1 day of BERGERABAM, INC. B: Qj� Ro ert Fernandes Its: Vice President 33301 Ninth Avenue S., Suite 300 Federal Way, WA 98003 CITY OF FEDERAL WAY By: Jim errell I Mayor 33325 81h Ave S Federal Way, WA 98003 APP AS TO FORM: i Amy Jo Pearsall, Interim City Attorney K: \STREE.TS \PR0JECTS \S320th at 20th Ave S \Construction \Intersection Improvements - Titan \CM Agreement \Contract \Supplement No 2 \AG 13- 067 Supt 2.doc EXHIBIT A -1.2 SCOPE OF WORK SOUTH 320TH ST AT 20TH AVE S INTERSECTION IMPROVEMENTS PURPOSE The purpose of this Supplement No. 2 is to allow for additional construction management services that are required for the project, beyond what was in the previously approved scope of work. Task 2.4 Conduct Project Site Meetings The scope of this task has not changed. This supplement includes additional hours to reflect additional meetings, as well as a longer duration of these meetings (an additional hour per meeting) than what was originally scoped. Task 2.5.1 Progress Payments The scope of this task has not changed. This supplement includes additional hours to reflect an eighth progress payment as the original contract was scoped for an estimated seven progress payments. Task 3.1 Resident Observations The scope of this task has not changed. This supplement includes additional hours to efforts required by the Resident Engineer to provide field inspection and respond to issues that were raised during construction that needed to be elevated beyond the Project Inspector. Task 3.2 Deficient & Nonconforming Work BergerABAM provided one field visit by their survey crew and subsequent office review of recently constructed handicap ramps that were out of compliance with ADA regulations. This supplement includes additional hours associated with these services that were not included in the previously approved project scope. Task 6.0 Block Wall Revisions BergerABAM provided engineering design services for the block wall revisions. These services were previously billed to the City on Invoice #303827REV, but were not applied to the contract balance and were subsequently credited by the $20,850.30 credit for the project from BergerABAM. These block wall revision charges are being included in this supplement #2 in order to help clarify the application of the project credit. An adjustment of our billing records will be completed to reflect the previous billing to this task. Task 7.0 Contaminated Material Handling Previously approved Supplement No. 1 included services by Hart- Crowser to complete testing and analysis services of contaminated materials that were found within the project limits. There were no hours associated with BergerABAM's efforts included in that supplement. This Supplement No. 2 provides hours for BergerABAM's efforts. Note, that the remaining Hart- Crowser budget is being credited against this requested increase (see Supplement No. 2 cost summary). K: \STREETS \PR0JECTS \S320th at 20th Ave S \Construction \Intersection Improvements - Titan\CM Agreement \Contract \Supplement No 2 \AG 13- 067 Supl. 2.doc N i � I 1 W m X W 'W ui I CL. CL 1 H IZ I �WC 1 uL .a IZ I a O 1 t3 1 Z V O I•- N � r t H 1.- N w o m � g ;E M � a w V N CL E C cm co � w 8 w w L M Z w cm d Q � r3�pjw O M CL O C — w d N N � v C W w « °mo '46 C Y7 ♦Y W w ON1 'm c o a` `O w W t`On N c0 t0 M � N o ad ui m I CMf crf N w w w w w M M I-- O M LO N cli r M � E9 6!i E9 69 69 619 69 69 wl� r 69 co V 69 6% co 0 to N 69 69 69 69 69 6% 6-a 69 69 c O) M co ai co crj 69 6H 69 69 69 69 v v N co N — c0 aO V' LO 69 69 69 64 69 69 N I� CD co V% 69 69 69 69 69 CR CR N oho Cco. co r N M CO M co EA 69 69 69 69 64 a0 N ui m N U'j 69 69 69 69 69 69 000`80 `o�o`o� 00'0 0 S U S U S U S U S U S U C ca y a w Y al 3 O , 0 C ' w P fZ a L 1R c 1 d o ' ° c c E A ir Ii 1a' N c .� q C) ,ti N M cn r- O 0 A O v Z o N cp � r- n cn Lq cc cc c"1 r r N w w 69 65 n It O U p o cri 1 0 cvi w r K x LL O °p W CD N LL p O LL CD w 0 w CD 2 N w M w 0 0 N9 P- 403, O x M a W Q N w m Go w 8 N � N w N w L' w x °V O H 0 IR co N_ t w u U- LL O N O N O V O}C a a 0 CO O O C 69 w m U � N N f >�j7 O a c d d � 7 C c 7 7 .0 2 2 U U Co 1L! N C 403� 411- 2c 2c 11 11 V U N W LL N + = a CJ W W J W co H LL M m M W O m H Q H N Z H J N Z O v m N OMO N c0Q Lo LQ N Q Ld 4 P.- �^�! A 6 9 w w 40k 11 CO) W W LL Z H J CO z O U m CO) a 0 � N 7 C A N N � p F � _ T H Z O Q J H O Appendix C - List of Board - elected Posltlons and Board- approved Authorizations Resolved that in addition to those named above, the following employees be authorized to sign proposals and contracts up to $100,000 on behalf of the firm. Sam Adams William L. Allen John C. Bardi C. Scott Branlund Brian P. Carrico Christopher B. Cornell Jefferson Cross Sally L. Fisher Donald C. Hardy Robert E. Ham Virginia Hoglund -Gray Lars E. Holte Jilma V. Jimenez Susan K. Johnson Darrell T. Joque Ahmad Khan Louis A. Klusmeyer Matthew T. Kumpula Hamid Liaghat M. Lee Marsh Jeffrey W. McInnis Carlos E. Ospina Sieu H. Quan James E. Replogle Robert E. Richardson Stephen P. Schneider David J. Sacamano Kaushal H. Shah Charles W. Spry F. Read Stapleton Joseph A. Stockwell Virginia Erin Sweeney Armando Valdos Craig E. Voss Howard A. Wells Markus Wernli David Y. Woo Michael G. Wray Manfred H. Zinserling All of the above authorizations are subject to compliance with Risk Evaluation and Mitigating protocol. Additionally, design/build proposals or contracts must be reviewed by Arnfinn Rusten, Michael W. LaNier, or James S. Guarre. END OF APPENDIX C BergerABAM Personnel Manual C-4 Rev. October 2013 ,acorn ©® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/2/2014 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 Servco Pacific Insurance 1100 Dexter Ave. N. Ste 220 CONTACT NAME: Melanie Kelly PHONE 2 -21 -4 FAX No: -2 - No, E-MAIL ADDRESS: I INSURERS AFFORDING COVERAGE NAIC N Seattle WA 98109 INSURER A:Travelers Propedy Casualty Company 25674 /1/2015 INSURED 694 INSURER B:Travelers INSURERC.AIESka National Insurance Company 38733 BergerABAM, Inc. 33301 Ninth Avenue South Suite 300 INSURER D:Lexington Insurance m n 437 DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 Federal Way WA 98003 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 208080128 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM/DD EFF MMIDD EXP LIMITS A GENERAL LIABILITY 80- 8264P255 /1/2014 /1/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE [K] OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X WA Stop Gap GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO- LOC WA Stop Gap $$1m/$1m/$1m 8 AUTOMOBILE LIABILITY BA8269P10g /1/2014 /1/2015 g, inwnw accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNERIEXECUTIVE ❑ N/A IJB3903T78A 14E WU 08982 Including USL &H /1/2014 /1/2014 /1/2014 /1/2015 /1/2015 /1/2015 X WC STAT r OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professtional liability 013001562 /1/2013 /1/2014 Per Claim $1,000,000 and Pollution Liability Aggregate $1,000,000 Deductible $225,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CG D3 79 09 07, CG D3 8109 07 Re: Project Name - S. 320th Street at 20th Avenue South Intersection Improvements, Construction Management Services. BergerABAM Project No. A13.0317.00 See Attached... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. Attn: John Mulkey, PE, Street Systems Project Engi 333255 8th Avenue S. AUTHORIZED REPRESENTATIVE Federal Way, WA 98003 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 694 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Servco Pacific Insurance BergerABAM, Inc. 33301 Ninth Avenue South Suite 300 POLICY NUMBER Federal Way WA 98003 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of Federal Way is Additional Insured under General Liability when required by written contract regarding their interest in the operations of the Named Insured. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage — Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises K. Additional Insured — Lessor Of Leased Equipment L. Additional insured — State Or Political Subdivi- sions — Permits Relating To Premises M. Additional Insured - State Or'Political Subdivi- sions — Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Com- mon Policy Declarations Is amended as fol- lows: The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or In which you maintain the majority ownership interest on the effective date of the policy. However, ij COD3790907 t N. Additional insured -- Architect, Engineer Or Surveyor O. Who Is An Insured — Newly Acquired Or f=ormed Organizations P. Who Is An Insured — Unnamed Partnership Or Joint Venture — Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con- tract Or Agreement U. Amended Bodily injury Definition V. Amended insured Contract Definition — Railroad Easement W. Amended Property Damage Definition — Tangible Property X. Additional Definition — Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, If any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per- son or organization for which coverage Is ex- cluded by another endorsement to this Cov- erage Part. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following Is added to Paragraph 1. Insur- ing Agreement of COVERAGE A BODILY G 2007 The Travelers Companies, Inc. Page 1 of 8 d� flit_= o o 99;9—_ EZ A� r= aa� o� o� OEM= rM COMMERCIAL GENERAL LIABILI rY INJURY AND PROPERTY DAMAGE LI- ABILITY In COVERAGES (Section 1): "Bodily injury" arising out of the rendering of, or failure to render, "first aid" or "Good Sa- maritan senricee to a person, other than a co- "employee" or "volunteer worker", will be deemed to be caused by an "occurrence ". For the purposes of determining the applica- ble limits of insurance, any act or omission together with all related acts or omissions In the furnishing of the services to any one per- son will be deemed one "occurrence ". 2. As used in this Provision B.: a. "First aid" means medical or nursing ser- vice; treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dlspensing of drugs or medical supplies or appliances; b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any of your "employees ", who are not employed as a doctor or nurse by you, but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1): Sale of Pharmaceuticals "Bodily injury" or "property damage" ar €s- Ing out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. S. The insurance provided by this Provision B. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla- rations for this Coverage Part. C. REASONABLE FORCE – BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is de- leted and replaced by the following: Expected Or intended Injury Or Damage "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect any person or property. D. NON -OWNED WATERCRAFT – INCREASED TO UP TO 75 FEET 9. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY in COVERAGES (Section 1) Is deleted and replaced by the following: (2) A watercraft you do not own that €s: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects the insurance provided by this Provision D., WHO IS AN INSURED (Section 11) Is amended to include as an in- sured any person who, with your expressed or Implied consent, either uses or is respon- sible for the use of the watercraft. 3. The insurance provided by this Provision D. shall be excess over any valid and collectible other insurance available to the insured, Whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply In excess of the Limits of insurance shown in the Decla- rations for this Coverage Part. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COW ERAGES (Section 1): Aircraft chartered with crew, including a pilot. to any Insured. Page 2 of 8 0 2007 The Travelers Companies, Inn. 004023 CG D3 79 09 07 N 2. This Provision E. does not apply If the char- tered aircraft is owned by any insured. 3. The Insurance provided by this Provision E. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to apply in excess of the Limits of Insurance shown In the Decla- rations for this Coverage Part, F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo- sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN- SURANCE (Section III). 2. The Insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to S. above, the Damage To Prem- Ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to COMMERCIAL GENERAL LIABILITY any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the some "occurrence ", whether such dam- age results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of a. $1,000,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. Paragraph a. of the definition of "Insured con- tract" In DEFINITIONS (Section V) Is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you.wKh permission of the owner, caused by; fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; S. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1) is excluded by another endorsement to this Coverage Part. G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN- JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: This exclusion does not apply to "personal injury" caused by malicious prosecution. CG D3 79 09 07 0 2007 The Travelers companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara- tions for this Coverage Part is Increased to $10,000. 1. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B in COW ERAGES (Section 1) are amended as follows: 1. In Paragraph 1.b., the amount we wit pay for the cost of ball bonds is increased to $2500. 2. In Paragraph 1.d., the amount we will pay for loss of earnings Is increased to $600 a day. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section It) is amended to include as an insured: Any person or organization that you have agreed In a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and �. b. Only if the "bodily Injury", "property dam - .M age" or "personal injury" Is caused, in whole or in part, by acts or omissions of you or any person or organization per - " forming operations on your behalf, and " arises out of the ownership, maintenance ° or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional " insured under this Provision J. is subject to - the following provisions: - a. The limits of insurance afforded to such additional Insured shall be the limits which you agreed to provide In the con - tract or agreement, or the limits shown in the Declarations for this Coverage Part, °_._, whichever are less; and °M b. The Insurance afforded to such additional -99 Insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused by an offense committed, af- ter you cease to be a tenant In that premises; Page 4 of 8 W4924 (2) Any structural alterations, new con- struction or demolition operations performed by or on behalf of such additional Insured; or (3) Any premises for which coverage Is excluded by another endorsement to this Coverage Part, 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional Insured specifically is added by another en- dorsement to this Coverage Part. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. WHO 15 AN INSURED (Section Ii) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to Include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal Injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in Mole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, in the maintenance, operation or use of equip- ment ]eased to you by such additional in- sured. 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con- tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal In- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or ® 2007 The Traverers Companies, Inc. CGD3790907 t4- (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cov- erage Part. L. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section ii) to include as an insured: Any state or political subdivision that has Issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only with respect to "bodily Injury", "property damage ", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has Issued such permit. M. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING To OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section 11) to include as an Insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily Injury", "property damage ", "personal injury" or "advertis- ing Injury" arising. out of operations performed by you or 'on your behalf for which that state or po- litical subdivision has issued such permit. How- ever, no such state or political subdivision is an Insured for 1. "Bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or 2. "Bodily Injury" or "property damage" included within the "products — completed operations hazard". COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED — ARCHITECT, ENGI- NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree in a "contract or agreement requiring Insurance" to Include as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" that is caused, in whole or in part, by acts or omissions of you or any person or organiza- tion acting on your behalf in connection with your premises or "your work ". 2. This Provision N. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically Is added by another endorsement to this Cov- erage Part. 0. WHO IS AN INSURED —NEWLY ACQUIRED OR FORMED ORGANIZATIONS 1, Paragraph 4.a. of WHO iS AN INSURED (Section 11) Is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza- tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe- riod, even if there are more than 180 days remaining uritil the end of the policy period; 2. This Provision O. does not apply to any or- ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED — UNNAMED PART- NERSHIP OR JOINT VENTURE — EXCESS 1. The last paragraph of WHO IS AN INSURED (Section 11) Is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 0 2007 The Travers Companies, Inc. Page 5 of 8 COMMERCIAL. GENERAL LIABILITY Page 6 of 8 00492$ Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project ", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project "; b. The General Aggregate Limit; or c. The Products - Completed Operations Ag- gregate Limit. The limits shown In the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate. Limit applies. 3. As used in the Provision Q.: "Project." means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right - of -way of a railroad shall be considered a sin- gle "project'. R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (f you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. 0 2007 The Travelers Companies, Inc. CG D3 79 08 07 However, this exciuslon does not apply to your liability with respect to your conduct of the business of any current or past partner- ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and every one of your co- ventures in that joint venture is an archi- tectural, engineering, or surveying firm. 2. This Provision P. does not apply to any per- son or organization for which coverage Is ex- cluded by another endorsement to this Cov- erage Part. 3. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which Is issued to such partnership or joint venture. __ ... _ _.....:._ Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE ` (Section Ill) Is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and o b. Damages from "occurrences" under Cov- erage A and for all medical expenses a� caused by accidents under Coverage C which cannot be attributed only to opera - tions at a single "project" 2. The following is added to LIMITS OF IN- SURANCE (Section 111): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" =ate under Coverage A and for all medical ex- penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part, Page 6 of 8 00492$ Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen- eral Aggregate Limit for that "project ", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project "; b. The General Aggregate Limit; or c. The Products - Completed Operations Ag- gregate Limit. The limits shown In the Declarations for this Coverage Part for Each Occurrence, Dam- age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro- ject General Aggregate. Limit applies. 3. As used in the Provision Q.: "Project." means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right - of -way of a railroad shall be considered a sin- gle "project'. R. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (f you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. 0 2007 The Travelers Companies, Inc. CG D3 79 08 07 ho, Notice of an "occurrence" or of an offense which may result In a claim will be deemed to be given as soon as practicable to us if it Is given in good faith as soon as practicable to your workers' com- pensation, accident, or health insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi- cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an Individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individ- ual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph S. Rep- resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten- tional error In, any information provided by you which we relied upon in Issuing this pol- €cy shall not prejudice your rights under this Insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable Insurance laws or regu- lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following Is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage ", "personal Injury" or "advertising injury" arising out of COMMERCIAL GENERAL LIABILITY 4. "Your products ". We waive these rights only where you have , agreed to do so as part of a contract or agree- ment entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal Injury" offense or "adver- tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury" in DEFINITIONS (Section V) Is deleted and replaced by the fotiow- Ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injtiry'or Illness, or emotional distress, resulting at any time from such physical hams, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. Subparagraph c. of the definition of insured contract" In DEFINITIONS (Section V) is de- i leted and replaced by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract" in DEFINITIONS (Section V) Is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION — TANGIBLE PROPERTY The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically Injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the "occur - 2. Ongoing operations performed by you, or on rence" that caused it. your behalf, under a contract or agreement For the purposes of this insurance, tangible prop - with that person or organization; erty does not Include data. 3. "Your work "; or CO D3 79 09 07 0 2007 The Travelers comp®nies, Inc. Page 7 of .8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V -- DEFINITIONS: "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional Insured on this Coverage Part, provided that the "bodily injury" Si m o== M M o» I� m� and "property damage" occurs, and the "personal injury" Is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement Is in effect; and c. Before the end of the policy period. Page 8 of 8 0 2007 The Travelers COM -les, Ino. CG D3 79 09 07 004NO 6808264P255 005M COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring Insurance" to in- clude. as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal Injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does'not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to 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 the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the OMITS OF INSURANCE (Section Ili) for this Coverage Part. S. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring Insurance" that the Insurance provided 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 that is available to such additional 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; after you have entered Into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other Insurance, whether primary, excess, contingent or on any other basis, that Is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal Injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 $11109 07 0 2007 The Travelers companies, Inc. Page 1 of 2 Includes the copyrigNed material of Insurance Services Office, Inc., with its permisslon. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal Injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property 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 of the contract or agreement.is in effect; and c. Before the end of the policy period. Page 2 of 2 ®2007 The Travelers Companies, Inc. CIS D3 8109 07 Includes the copyrighted material of Insurance Services Office, Ino., with Its permission. SERVCO PACIFIC INSURANCE 1100 DEXTER AVE N STE 220 SEATTLE, WA 98109 CITY OF FEDERAL WAY ATTN: JOHN MULKEY, PE, STREET SYSTEMS PROJECT ENG 33325 8TH AVE S FEDERAL WAY WA 98003 -6325 RECEIVED MAY 12 2014 =_ PUBLIC WORKS DEPARTMENT RETURN TO: EXT: � —� �� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBL[C WORKS / S� C ep ` S 2. ORIGINATING STAFF PERSON: l�' I�S� � M u,�len EXT: 123 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR L[MITED PUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERV[CEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION �CONTRACTAMENDMENT(AG#�: (�J•O�D� ❑ INTERLOCAL ❑ OTHER 5�.1�i�°YileXl'� # 1 5. PROJECTNAME: S'�LL'' •..J� O� ZO� /�Ye S=r%�'P/i'Se+G't1��'�i =m�il��%e.�leil'� 6. NAME OF CONTRACTOR: � ADDRESS: �J�'✓?J� � Nin-I�h A11� S ��'JUIi� �� �� FP[�Ynl.l �.I�QV� l.t�i� E-MAtL: S[GNATURE NAME: ROI�Xt FCt'Y1QilC��� F.vc: TITLE: V1C,e Pires►dent 7. EXHIB[TS AND ATTACHMENTS: � SCOPE, WORK OR SERVICES �. COMPENSATION ❑ INSURANCE REQUtREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBCfS o PROOE OF AUTHORITY TO S[GN ❑[ZEQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/_ UBI # , EXP. J /_ H. TERM: COMMENCEMENTDATE: COMPLETIONDATE: �—�JI����i' � 1o,8�t.Oa - -Cri►s supplement ► ,�7�� �, 1 9. TOTAL COMPENSATION: $$�„"( 5�4 Zi0 OO � 1��0�iCl.i 'tp'EAC ►f1C.1' - lii�CLUDE EXPENSES AND SALES TAX, IF ANY� ([F CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOL[DAY RA,,TYE_S.�_r \ REIMBURSABLE EXPENSE: �YES '�NO IFYES, MAXIMUM DOLLARAMOUNT: $ 2�'F���(,D CUhCi1WK�7 b�1 St� #� J IS SALES TAX OWED: ❑ YES �8N0 [F YES, $ PAID BY: ❑ CON CTOR ❑ CiTY ❑ PURCHASING: PLEASECHARGETO: X7to" l�C7�� �� I"- �`S ��ll lO. DOCUMENT / CONTRACT REVIEW �' PROJECT MANAGER ❑ DNIS[ON MANAGER � DEPUTY D[RECTOR �? D[RECTOR ❑ RISKMANAGEMENT ([FAPPLICABLE� ,� Law Dee�r � � i.� l� � 1�� `*..�:�i�� ��� w� 11. COUNC[LAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SICNATURE ROUTING �'"�' �e'�� J�� ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: ��GII � ❑ ATl'ACH: S[GNATURE AUTHORITY, INSURANCE CERT[FICATE, L[CENSES, EXH[BITS IN[TIAL/ DATE S[GNED � LAW DEPT ' � �i� L�_ � S[GNATORY (MAYOR OR D(RECTOR� � �, C[TY CLERK C� • ' I ❑ ASS[GNED AG # AG# � OI�J '� S[GNED COPY RETURNED DATE SENT: �t • Iq • I� '�RETURN ONE OR[GMAL COMMENT/S�:, EXECUTE " 4-` ORIGINALS INITIAL / DATE APPROVED COUNC[L APPROVAL DATE: DATEREC'D: �II�U� 11 /9 AG 13-067 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR S 320T" STREET AT 20T" AVE S INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT SERVICES The local agency of the City of Federal Way desires to supplement the agreement entered into with BergerABAM, Inc. effective the 5th day of April 2013, identified as Agreement No. 13-067. All provisions in the Agreement remain in effect except as expressly modified by this supplement, "Supplement No. 1". The changes to the Agreement are described as follows: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A-1.1" attached hereto and incorporated by this reference (Additional Services). II Section VI, Subcontractina, shall be amended to include those additional costs attributed to Hart Crowser, Inc., more particularly described in Exhibit "G-1.1" attached hereto and incorporated by this reference (Additional Services). III Section V, Pavment, the maximum amount payable under this Supplement No. 1, inclusive of all fees and other costs, is Ten Thousand Eight Hundred Ninety Seven and 00/100 Dollars ($10,897.00), for a total amount payable to the Contractor, pursuant to the Agreement and this Supplement No. 1, inclusive of all fees and other costs, to be an amount not to exceed Two Hundred Seventy Five Thousand Four Hundred Twenty Six and 00/100 Dollars ($275,426.00). 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. 1, is hereby ratified as having been performed under the Agreement as it existed prior to this supplement. Signed this �� day of ��r�,�- , 2013. BERGERABAM, INC. B : � �/'/' � Y Robert Fernandes Its: Vice President 33301 Ninth Avenue S., Suite 300 Federal Way, WA 98003 CITY OF FEDERAL WAY ��.�_ � : :� � Its: Mayor 33325 8th Ave S Federal Way, WA 98003 APPROVED AS TO FORM: � Patricia A. Ric ardson, City Attorney K:AS'CK(?I�°CS\PRO�1�.C1'S\ti320th at 211th 1c�c S\Construction\(:i�[ �Agrecment\(;nntxact\Supplement No 1\:AG 13-0G7 Supl. l.doc Exhibi# "A-1.1" r • � � Date: 05/24/13 CLIENT Ber�erABAM JOB NO. 17818-00 PRO)ECT South 320`h Street at 20`h Avenue South Intersection Improvements Descri tion of Work Task 1 Environmental soil sample collection and associated chemical analyses. Costs include up to three field sampling trips of up to 8 hours each. Chemical analyses are estimated for up to nine soil samples for gasoline/BTEX, diesel, and total metals analyses. Laboratory costs include surchar;es for rush turnaround analyses. Costs for Task 1 Three site visits for environmental sampling (labor) $2,030 Laboratory analytical testing with 100% surcharge for rush turnaround analyses (9 samples) $4,320 Field equipmenT and supplies $1,040 Total $7,390 Task 2 Project management, analysis of sample results, and documentation of environmental sampling as a memorandum, including draft and final versions. This task does not include any potential interactions or meetings with the Washington State Department of Ecology. Costs for Task 2 Environmental analysis and project managemenk $1,861 Memorandum (draft and final) $1,646 Total $3,50? Tota) Costs $10,897 a.. _ , Exhibit "G-'!.1" SUBCONSU�TANT 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 7 Principal in Charge Hours 14 0 0 24 4 9 4 Rate X $32.13 X X X $26.45 X $26.37 x $ZS.o� X $76.45 Hart Crowser Fee 5/29/2013 Cost _ $ 450 _ $ - _ $ - $ 635 $ 105 _ $ 235 _ $ 306 Hours, TOTAL 55 Subtotal Direct Salary Costs (DSC) = S 1,731 Salary Escalation (SE) = 0% of DSC =$ - Subtotal (DSC + SE) _ $ 1,731 Overhead (OH) 190.00% of (DSC + SE) _$ 3,288 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 519 TOTA� SALARY COSTS (DSC + SE + OH + FF) _$ 5,538 DIRECT NONSALARY COSTS (DNSC) Mileage fior Site Visits Field Truck Field Equipment Laboratory Tests Communications SUBCONSULTANTS 150 3 1 1 1 miles @ $ 0.565 days @ $$5 @ $ 450.00 @ $ 4,320.00 @ $ 250.00 TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ $ $ $ $ $ $ 85 255 450 4, 320 250 5,360 TOTAL FEE (DSC + SE + OH + FF + DNSC) _$ 10,897 $ - TOTAL SUBCONSULTANT FEES = � - 70TAL AUTHORIZED AMOUNT = 1 O,$97 Page 1 of 1 RETURN TO. i�"^^�� � EXT: 'Z �:`L CITY �F FEDE�L WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /�.fy�[,�I S 2. ORIGINATi1YGSTAFFPERSON: �OI/�Y1 YY�LI.I �C�I EXT: �� 2Z 3. DATEREQ.BY: � S�/' TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOI� SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREENtENT a GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL � OTHER e%»'L»� PROJECTNAME:4,�j����� �Y�1 � ZO�l�V�MU4.��� � N�S�G"� '�T ��S � � � � � � � �Zn'L.-��"e�L3��_:U ��� � �' •• ► i ���� I♦ .��7R�� -.� � • � � �i. ' �.� �• i.. FAx: TITLE:,,%,`S 7, EXHIBITS AND ATTACHMENTS:�Q SCOPE, WORK OR SERVICES 7Q COMPENSATION ❑ INSURANCE REQUIREMENTS/CERT[FICATE �( ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGI�I �i REQUIRED LICENSES ❑ PRIOR CONcf�RACT/AMENDMENTS CFW LICENSE # ��I S� O i!W (� BL, EXP. 12/311� UBI #� I Il b S) S , EXP. !�� �� TERM: COMMF.NCEMEIVT DATE: COMPLETION DATE: � I I 31 I ZO� TOTAL COMPENSATION: $ v� �p"1" �C„�� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES^ AND HOLIDAY RATES) REIMBURSABLE EXPENSE: �Q YES ❑ NO IF YES, MAXINNM DOLLAR AMOUNT: � .L� I hL. IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: o CONTRACTOR ❑ CIT` ❑ PURCHASING: PLEASE CHARGE TO: �� �UO� «� 'S �� �` I 10. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER ER �,DEPUTY DIRECTOR �DiRECTOR LE) �LAW DEPT 11. COUPIC[L APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED ��un, 3 t3" �� i � .1 � COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ,/%Z� � �3 �SENT►'O VENDOR/CONTRACTOR DATE SENT: ATTACH: SIGNATURE AUTHORITY, IIVSURANCE CERTIFtCATE, LICENSES, EXHIBITS � LAW DEPT �! %fI ��,� SiGNATORY (M�YOR UR D[ttECTOx)c�ll�'�� CITY CLERK vj �� � ASSIGNED AG S[GNED COPY RETURNED �I RETURN ONE ORIGINAL � OMMENTS: _ ----- K-� w „_.��.. . .. INITIAL / DATE StGNED_ �- 3 _ ( � —+.�- A�'i# — DATE SF,NT: IIVITIAL / DATE APPROYED COUNCIL APPROVAL DATE: DATE REC'D: �I3��O%� Local Agency ConsultanUAddress/Telephone BergerABAM Standard Consultant 33301 Ninth Avenue S, Suite 300 Agreement Federal Way, WA 98003-2600 � Architecturai/Engineering Agreement � Personal Services Agreement 206-431-2600 A�reement Number Project Title And Work Description Federal Aid Number South 320th Street at 20th Avenue South Intersection Improvements Agreement Type (Choose one) Provide Construction Management for the ❑ Lump Sum improvement at S 320th Street and 20th Ave S. Lump Sum Amount $ � Cost Plus Fixed Fee Overhead Progress Payment Rate % -- Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No % Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % � Fixed Overhead Rate 1533 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 24,106.00 ❑ Yes � No ❑ Specific Rates Of Pay Total Amount Authorized $ 264,529.00 ❑ Negotiated Hourly Rate ' Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 264,529.00 Index of Exhibits (Check all that apply): � Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit B-1 DBE Utilization Certification � Exhibit C Electronic Exchange of Data ❑ Exhibit D-i Payment - Lump Sum � E�chibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E-1 Fee - LumplFixed/Unit ❑ Exhibit E-2 Fee - Specific Rates � Exhibit F Overhead Cost � Exhibit G Subcontracted Work � Exhibit G-1 Subconsultant Fee ❑ Exhibit G-2 Fee-Sub Specific Rates � Exhibit G-3 Sub Overhead Cost � Exhibit H Title VI Assurances � Exhibit I Payment Upon Termination of Agreement � Exhibit J Alleged Consultant Design Error Procedures � Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase � Exhibit M-1 a Consultant Certification � Exhibit M-lb Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certification � Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this �h day of , ,��_, between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT". DOT Form tao-oss EF Page 1 of 8 Revised 3l2008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufiicient 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 ofthis AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE frms 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 fles, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C:' All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY 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 amibutable 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, eyuipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 3 L A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the 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 ofthe Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT 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 ar person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide emp(oyee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VI11 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 V 1 of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.6Q.180 In retation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. [n 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 fnal payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form ar 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, ar dissolution of the partnership, termination of the corporation, or disa�liation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shail not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work reGuired 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 shalt 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. Xl 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 refened 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 chatlenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. [f 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 wili be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in 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 ar 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 specifcally assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnifcation 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 shail 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 property 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 miilion 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 [nsurance 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 comp(ete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shalt 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 (]) 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 adjustmenY', hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before 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 payabie for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans [f 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 Consuitant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding 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 Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVII{ Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as 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: AGENCY: Berger ABAM, Inc. CITY OF FEDERAL WAY B �l�Y �'/'�— B ��\�`-\''� Y G'�(/ Y Robert Fernandes iest Vice President Mayor 33301 Ninth Avenue S, Suite 300 33325 8`h Avenue S Federal Way, WA 98003-2600 Federal Way, WA 98003-6325 APPROVED AS TO FORM: � atricia A. Richardson, City Attorney DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 EXHIBIT A-1- SCOPE OF WORK CONTRACT ADMINISTRATION SERVICES AND SERVICES DURING CONSTRUCTION (SDC) SOUTH 320TH STREET AT 20TH AVENUE SOUTH INTERSECTION IMPROVEMENTS PURPOSE The purpose of project is to construct corridor improvements with the installation of dual left- turn lanes at the intersection of South 320th Street and 20th Avenue South. Improvements will include the replacement of the existing traffic signal at the intersection, new sidewalks, roadway illumination, retaining walls, landscaping, and utility relocation to improve the safety and aesthetic character along South 320th Street. 1.0 SERVICES DURING BID AND AWARD OF THE CONTRACT FOR CONSTRUCTION These services are not included within this scope of work. 2.0 CONTRACT ADMINISTRATION SERVICES 2.1 Prepare Construction Management Workplan CONSULTANT will develop a Construction Management (CM) workplan that describes and documents an organized and disciplined approach to the execution of the CM services. This workplan shall provide an understanding of and directions for its performance, project roles and responsibilities and the processes and tools to be used in delivering the scope of services. 2.2 Establish Document Management System CONSULTANT will establish a system and set of procedures for managing, tracking and storing documents between the Contractor, CONSULTANT and OWNER produced during the Construction and Closeout phases of the project. CONSULTANT will, in coordination with the OWNER, maintain hard copy records of said documentation. CONSULTANT will also implement procedures for the logging and tracking of correspondence and documents. CONSULTANT will assist the OWNER in monitoring outstanding decisions, approvals or responses required from the OWNER. 2.3 Conduct Pre-Construction Conference CONSULTANT shall coordinate and attend one pre-construction conference with the Contractor to review the project communication, coordination and other procedures and discuss the Contractor's general workplan and requirements for the project. CONSULTANT will take minutes or otherwise record the results of this conference. 2.4 Conduct Project Site Meetings CONSULTANT will conduct weekly meetings with the Contractor and will prepare the minutes of these meetings. City of Federal Way Contract Administration Services South 320th Street at 20th Avenue South Exhibit A-1 BergerABAM, P13.0282.00 March 2013 Page 1 of 9 2.5 General CM Support CONSULTANT will provide services to assist in coordinating the site activities, administering the contract for construction, monitoring the contractor's performance, responding to design and technical submittals, and closing out the contract for construction. The following services are included as part of this task. 2.5.1 Progress Payments CONSULTANT will receive and review the Contractor's requests for payment. CONSULTANT will determine whether the amount requested reflects the progress of the Contractor's work and is in general accordance with the contract for construction. CONSULTANT shall provide recommendations to the OWNER as to the acceptability of the requests. CONSULTANT will advise the OWNER as to the status of the total amounts requested, paid, and remaining to be paid under the terms of the contract for construction. 2.5.2 Field Instructions and Orders CONSULTANT will issue field instructions, orders or similar documents during construction as provided in the contract for construction. 2.5.3 Correspondence and Communications CONSULTANT will implement and maintain regular communications with the Contractor during construction. CONSULTANT will receive and log communications from the Contractor and will coordinate the communications between the OWNER and Contractor. CONSULTANT will not communicate directly with the Contractor's subcontractors. CONSULTANT will prepare written communications to the Contractor and provide recommendations to the OWNER for written communications between the OWNER and Contractor. 2.5.4 Minor Variations in the Work CONSULTANT may authorize minor variations in the work which do not involve an adjustment in the Contractor's contract price nor time for construction and are not inconsistent with the intent of the contract documents. 2.5.5 Review of Contractor's Requested Changes CONSULTANT shall review Contractor requested changes to the contract for construction. CONSULTANT will make recommendations to the OWNER regarding the acceptability of the Contractor's request and, upon approval of the OWNER, assist the OWNER in negotiations of the requested change. Upon agreement and approval, CONSULTANT will prepare final change order documents. Consultant shall provide design and engineering services to review up to two Contractor initiated changes and to prepare drawings and specifications for issuance to the Contractor. Any additional changes shall be considered Additional Services, entitling CONSULTANT to additional compensation via an amendment of this Agreement. City of Federal Way BergerABAM, P13.0282.00 Contract Administration Services March 2013 South 320th Street at 20th Avenue South Exhibit A-1 Page 2 of 9 2.5.6 Coordinate Issuance of Changes: CONSULTANT will receive and review the Contractor's response to the requested change and will obtain additional information needed to evaluate the basis for the Contractor's proposal. CONSULTANT will assist the OWNER with negotiations of the proposal and, upon approval by the OWNER, prepare final change order documents for execution by the OWNER and Contractor. 2.5.7 Change Order Reports CONSULTANT will provide periodic reports to the OWNER about the status of Change Orders. The report shall include issued Change Orders, pending change orders, and change order amounts. 2.5.8 Claims and Disputes: CONSULTANT will receive, log, and notify the OWNER about letters and notices from the Contractor concerning claims or disputes between the Contractor and OWNER pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. CONSULTANT will review such letters and notices and will discuss them with the Contractor to gain an understanding of the nature of the claim or dispute. CONSULTANT will advise the OWNER regarding the Contractor's compliance with the contract requirements related to the claims or disputes. CONSULTANT will assist the OWNER in discussions with the Contractor to resolve claims or disputes. CONSULTANT will not issue decisions on Contractor claims or disputes. CONSULTANT will not, except as part of Additional Services, undertake comprehensive and investigation or analysis of Contractor's claims or disputes, nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. 2.5.9 Contractor's Schedule Submittal CONSULTANT will review the Contractor's construction schedule to confirm it is consistent with the requirements of the contract for construction, including review for inclusion of shop drawings and other significant submittals. CONSULTANT will advise the Contractor of any areas where the schedule is not in compliance with the contract for construction. CONSULTANT will provide comments to the OWNER to assist the OWNER in approving, accepting or taking other action on the contractor's schedule, in accordance with the contract for construction. 2.5.10 Contractor's Schedule Updates CONSULTANT will review the Contractor's periodic schedule updates or other schedule submissions. CONSULTANT will advise the Contractor if the updates or other submissions are not in accordance with the contract for construction. CONSULTANT will provide comments to the OWNER regarding the updates or other submissions. CONSULTANT will monitor the Contractor's progress on a weekly basis and will report significant changes that could impact the project's available float and/or the project's critical path. City of Federal Way Contract Administration Services South 320th Street at 20th Avenue South Exhibit A-1 BergerABAM, P13.0282.00 March 2013 Page 3 of 9 2.5.11 Effect of Change Orders CONSULTANT will review information submitted by the Contractor regarding the effect of proposed or issued Change Orders upon the construction schedule, duration and completion date. CONSULTANT will advise the OWNER as to the potential impact of proposed or issued Change Orders. CONSULTANT will assist the OWNER in discussions with the Contractor concerning the potential impact of proposed or issued Change Orders. 2.6 Finai Inspection / Closeout CONSULTANT will assist the OWNER in issuing documents for substantial completion and acceptance of the work. CONSULTANT will advise the OWNER on payment, and partial release of retention. CONSULTANT will assist the OWNER in issuing documents for final completion and acceptance of the work. CONSULTANT will advise the OWNER on final payment, release of retention, and release of insurance and bonds. CONSULTANT will provide to the OWNER a set of project documents and records. CONSULTANT is not responsible for any unauthorized reuse or alteration of project documents. 3.0 RESIDENT OBSERVATION 3.1 Resident Observation CONSULTANT will conduct daily on-site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. CONSULTANT will supervise a team of field inspection staff, who will prepare written reports, diaries, digital photos or other records of their daily observations. CONSULTANT's inspection staff will arrange for monthly photographs of the work in progress by the Contractor, which will be made available to the OWNER. 3.2 Deficient and Nonconforming Work Should CONSULTANT discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is otherwise defective, or not conforming to requirements of the contract or applicable rules and regulations, CONSULTANT will bring this to the attention of the Contractor and the OWNER. CONSULTANT will thereupon monitor the Contractor's corrective actions and shall advise the OWNER as to the acceptability of the corrective actions. 3.3 Performance and Witness Testing CONSULTANT will attend and witness field performance tests as specified in the contract for construction. 3.4 Regulatory and Third Party Testing and Inspections CONSULTANT will monitor the Contractor's coordination of inspection and testing by regulatory and third party agencies that have jurisdiction over the project. City of Federal Way BergerABAM, P13.0282.00 Contract Administration Services March 2013 South 320th Street at 20th Avenue South Exhibit A-1 Page 4 of 9 3.5 Subsurface and Physical Conditions Whenever the Contractor notifies CONSULTANT or OWNER of subsurface or physical conditions at the site which the contract for construction provides should be so notified, CONSULTANT will advise the OWNER and inspect the conditions at the site. CONSULTANT will advise the OWNER as to the appropriate action(s), and will assist the OWNER in responding to the Contractor. Engineering and technical services that are required to investigate the subsurface or physical conditions in addition to those services identified in sections 3.1.8 and 3.1.9 shall be considered an Additional Service. 3.6 Substantial and Final Completion CONSULTANT will assist the OWNER with inspections at substantial and final completion, in accordance with the contract for construction. CONSULTANT will prepare up to two (2) separate punch lists of items requiring completion or correction by Contractor. CONSULTANT shall make recommendations to the OWNER regarding acceptance of the work based upon the results of the final inspection. 3.7 Field Office No field office will be provided. The OWNER will provide a work station at City Hall that will include landline phone service, desktop computer, monitor and printer. 3.8 Materiai Testing and Special Inspection CONSULTANT will contract with an independent firm for the material testing, specialty inspection related to measuring the quality of the Contractor's work. Material Testing and Special Inspection will include compaction testing, sieve analysis, proof testing subgrade for roadway and walls, HMA acceptance testing and concrete acceptance testing. CONSULTANT will review the reports and other information prepared by the independent firm. CONSULTANT will coordinate the testing firm schedules and the transmittal of their reports, findings or other information to the Contractor and/or the OWNER. 3.9 Technical Field inspection - Walis CONSULTANT will provide technical field inspection of the contractor's work specifically related to the retaining walls for this project. 4.0 OFFICE ENGINEERING SERVICES 4.1 Engineering Design Support: CONSULTANT will provide written responses to the Contractor's request for interpretation or clarification of the contract documents. CONSULTANT will coordinate up to six (6) visits to the site by selected design team members to review progress and quality of the work. The visits shall observe the general quality of the City of Federai Way BergerABAM, P13.0282.00 Contract Administration Services March 2013 South 320th Street at 20th Avenue South Exhibit A-1 Page 5 of 9 work at the time of the visit and review any specific items of work brought to the attention of the design team members by the Construction Manager. CONSULTANT will assist the OWNER with the issuance of changes to the contract for construction. Design and engineering services to prepare drawings, specifications and other information for the change shall be considered as Additional Services, and shall entitle CONSULTANT to additional compensation for the design services. 4.2 Submittals CONSULTANT will obtain from the Contractor a proposed shop drawing and submittal schedule, which shall identify the shop drawings, samples and submittals required by the contract for construction, along with the anticipated dates for submission. CONSULTANT will coordinate with the design team for the reviews of the Contractor's shop drawings, samples, and other submittals. CONSULTANT will log and track all shop drawings, samples and submittals. CONSULTANT's scope shall be based upon the scope of work in the contract for construction and shall estimate for a maximum of two submissions by the Contractor for each shop drawing, sample or submission. Should the average number of reviews exceed two reviews per submittal, C�NSULTANT shall be entitled to additional compensation. 4.3 Requests for Information CONSULTANT will review the Contractor's requests for information or clarification of the contract for construction. CONSULTANT will coordinate such review with the design team and with the OWNER. CONSULTANT will coordinate and issue responses to the requests. CONSULTANT will log and track the Contractor's requests. For budgeting purposes it is assumed that up to fifty (50) requests for information or clarification will be made by the Contractor. CONSULTANT will assist the OWNER in reviewing and responding to the Contractor's requests for substitution of materials and equipment. CONSULTANT will review such requests and will advise the OWNER as to the acceptability of such substitutions. 4.4 Record Drawings CONSULTANT will revise the original design drawings to reflect available record information provided by the Contractor. One full size reproducible set (mylars) and one half-size hard copy will be submitted to the OWNER. CONSULTANT, Inc. is not responsible for the accuracy or completeness of as-built drawing or survey information provided by the Contractor. 5.0 PROIECT MANAGEMENT & COORDINATION 5.1 Workplan CONSULTANT will develop a general workplan that defines CONSULTANT's delivery approach, staffing, responsibilities, and project deliverables. City of Federal Way BergerABAM, P13.0282.00 Contract Administration Services March 2013 South 320th Street at 20th Avenue South Exhibit A-1 Page 6 of 9 5.2 Invoicing CONSULTANT will prepare and submit timely monthly invoices to the OWNER for payment. Each invoice will identify the current financial status of the project budget. The CONSULTANT will monitor total costs expended under this supplemental agreement and will notify the OWNER when costs for this work have reached 50 percent and 75 percent of the allowed costs for this work. At the 75 percent expenditure notification, the CONSULTANT will provide the OWNER with an estimated amount to complete the work for this supplemental agreement. If CONSULTANT's estimated costs for the remaining work are estimated to be higher than the allowed contract amount under this supplement, the remaining work above the allowed contract amount will not be performed without prior written authorization from the OWNER, which shall not be unreasonably withheld. The OWNER and the CONSULTANT shall meet to discuss options for completing the work, including a supplemental agreement for the additional work or a reductions in scope. The CONSULTANT shall have no obligation under this agreement to provide services for this work where the cost would exceed the authorized allowed contract amount. 5.3 Communication and Meetings with OWNER CONSULTANT will keep the OWNER advised of the progress of the construction. This includes submitting monthly progress reports to the OWNER and holding periodic meetings and consultations with the OWNER. 5.4 CONSULTANT's Personnel at Construction Site As the Construction Manager on this project, the CONSULTANT's project authority shall be prescribed in section 1-05.2 of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction, 2012. The CONSULTANT has no authority to exercise any control over others' health and safety but will notify affected personnel of any site conditions posing an imminent danger to them which the CONSULTANT observes. 5.5 Additional OWNER shall require contractor(s) to name OWNER and CONSULTANT as additional insureds on the contractor's general liability insurance policy. 6.0 ADDITIONAL SERVICES The following services will be provided by CONSULTANT upon written authorization of the OWNER and agreernent on compensation to CONSULTANT. An amendment to the contract will serve as written authorization. • Services related to development of the OWNER's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. City of Federal Way BergerABAM, P13.0282.(� Contract Administration Services March 2013 South 320th Street at 20th Avenue South Exhibit A-1 Page 7 of 9 • Services related to provision of OWNER furnished equipment, materials, and supplies. • Services related procurement or management of third party contractors other than testing, inspection and survey firms. • Performance of specialty testing and surveying services not identified in Sections 3.1.8 and 3.1.9. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to the OWNER's operation and use of the completed project other than as specifically provided in the above scope of work. • Services related to warranty claims, enforcement and inspection. • Services for the investigation and analysis of contractor claims; preparation of reports on contractor claims; provision of professional claims analysis services; participation in litigation or alternative dispute resolution of claims. � Preparation for and serving as a witness in connection with any public or private hearing or other forum related to the project. • Services supporting the OWNER in public relations activities. • Value engineering or similar value analysis studies. • Services for review and/or preparation of OWNER or Contractor proposed changes to the project. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the OWNER. • CONSULTANT shall perform miscellaneous and supplemental services related to the project as requested by the OWNER � Any other services designated in this scope of services as additional services. City of Federal Way Contract Administration Services South 320th Street at 20th Avenue South Exhibit A-1 BergerABAM, P13.0282.00 March 2013 Page 8 of 9 Period of Performance The services under this scope of services will commence upon the receipt of a Notice to Proceed, which will be issued on approximately 1 Apri12013. The period of performance will extend from the Notice to Proceed date through 31 January 2014. The CONSULTANT's ability to meet this schedule is contingent upon the Contractor's activities. Services performed after 31 January 2014 will be considered Additional Services (which may be subject to additional compensation for increases to CONSULTANT's labor costs, etc.) and will require written authorization from the OWNER. City of Federal Way BergerABAM, P13.0282.00 Contract Administration Services March 2013 South 320th Street at 20th Avenue South Exhibit A-1 Page 9 of 9 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 7 Enterprise, Agency e-mail software is Microsoft Outlook 2010, Software Suite is MS Office 2010. Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed wark and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specifed in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 3 I. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. Direct Salary Costs: The Direct Salary Cost is the direct sa(ary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms ofthis AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary ofthe CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 6I08 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel wili 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 (exc(uding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Satary 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. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S proft, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which couid 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 fnal payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section 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 verifcation 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 ciaims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of iinal audit, all required adjustments will be made and reflected in a final payment. In the event that such fnal audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 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 3/21 /2013 Cost Design Project Manager 22 X $55.77 =$ 1,227 Construction Project Manager 50 X $52.21 =$ 2,611 Resident Engineer 206 X $49.59 =$ 10,216 Office Engineer 140 X $42.91 =$ 6,007 Inspector 1,280 X $38.70 = $ 49,536 Document Control 192 X $24.11 =$ 4,629 Design Civil Engineer 94 X $31.25 =$ 2,938 Proiect Coordinator 16 X $29.62 =$ 474 BERGER/ABAM Hours, TOTAL 2,000 Subtotal Direct Salary Costs (DSC) _$ 77,637 Escalation of DSC for FY 2013 at= 3.5% $ 2,717 Subtotal (DSC + SE) _ $ 80,354 Overhead (OH) 153.30% of (DSC + SE) _$ 123,183 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 24,106 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 227,643 DIRECT NONSALARY COSTS (DNSC) Qty Duration Rate miles/day days/const $ / Mile Mileage (20 miles per day for RE/DC) 20 150 $ 0.565 $ 1,695 Vehicle - Inspector 9 months @$ 1,000 $ 9,000 Reimbursable (Postage Printinq, Copies etc.) $ 500 TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ 11,195 TOTAL BergerABAM FEE (DSC + SE + OH + FF + DNSC) _$ 238,838 SUBCONSULTANTS Transpo $ 8,437 Hart Crowser (Not Included in Contract) ESM (Not Included in Contract) Mayes Testing � � 7,254 TOTAL SUBCONSULTANT FEES = $ 25,691 TOTAL AMOUNT = $ 264,529 Exhibit E-1 Page 1 of 1 EXHIBIT E-1 CONSULTANT FEE DETERMINATION BergerABAM CA Rates 3/21/2013 Rate (July 1, 2012 to June 30, Percent (%) Blended Hourly Classification Name 2013) Participation Wage Rate Design Project Manager Steven True $55.77 100% $55.77 Construction Project Manager Bob Lee $52.21 100% $52.21 Resident Engineer Ed Cline $49.59 100% $49.59 Office Engineer Shawna Lawrence $42.91 100% $42.91 Inspector Dick Platt $38.70 100% $38.70 Document Control/Asst inspecto Dana Salyer $24.11 100% $24.11 Design Civil Engineer Brook Emory $31.25 100% $31.25 Project Coordinator Kelly Robinson $29.62 100% $29.62 Page 1 of 1 Exhibit E-1 CONSULTANT FEE DETERMINATION ASK SERVICES DURING BID AND AWARD (Not in this Scope of Work) CONSTRUCTION MANAGEMENT SERVICES Prepare CM Work plan Establish Document Management System Conduct Pre-Constructing Conference Conduct Project Site Meetings (Assume 30) General Construction Management Support Progress Payments Field Instructions and Orders Correspo�dence and Communications Minor Variations in the Work Review of Contractor's Requested Changes Coordinate Issuance of Changes Change Order Reports Claims and Disputes Contractor's Schedule Submittal Contractor's Schedule Updates Effect of Change Orders Final Inspection / Closeout RESIDENT OBSERVATIONS Resident Observations Deficient and Non-Conforming Work Performance and Witness Testing Regulatory and Third Party Testing and Inspections Subsurtace and Physical Conditions Substantial and Final Completion Field O�ce (No field office will be provided) Material Testing and Special Inspection Technical Fieid Inspection OFFICE ENGINEERING SERVICES Engineering Design Support Submittals Request for Information (Assume 30) Record Drawings PROJECT MANAGEMENT & COORDINATION Work Plan Invoicing Communication & Meeting w/ OWNER Consulta�Ys Personnel at Construction Site Additional Insured No. 1 2 2.1 2.2 2.3 2.4 2.5 2.5.1 2.52 2.5.3 2.5.4 2.5.5 2.5.6 2.5.7 2.5.8 2.5.9 2.5.10 2.5.11 2.6 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 4 4.1 4.2 4.3 4.4 5 5.1 5.2 5.3 5.4 5.5 BergerABAM DCSS Hours 3/21 /2013 Design Construction Project Project Project Resident Office Inspector pocument Design Civil CoordinaU Manager Manager Engineer Engineer Control Engineer qdmin ��v����mr �---� ���-� �-�-� ����i ���-� ���-� �-�-� �-�-� m���'' � �---- �--�� �--�- �--�� ����� ���-- ���-- ���-� ����� �- �- �- �� �� Totals 677 18 29 Page 1 of 2 Exhibit E-1 CONSULTANT FEE DETERMINATION BergerABAM DCSS Hours 3/21 /2013 Page 2 of 2 EXHIBIT F BergerABAM Inc. Overhead Schedule FYE May 31, 2012 % of General Firm Overhead Direct Classi�ication Ledger Adjust. Costs Cost Direct Labor Base Indirect Salaries Proposal Admin Sataries ProposaUNegotiation Salaries Administrative Salaries Payxoll Variance Office Support Salaries Accounting Salaries Flousekeeping/Stby. Salaries Professional Activities Salaries Education & Train.ing Salaries Research and Development Computer Salary Total Indirect Salaries Fringe Bene�ts/Salary Overhead Incentive Compensation Vacation Holiday 8ick Leave Other Paid Leave FICA Federal UnempIoyment State Unemployment IndustrialInsurance USL&H Work Comp Group Insurance Retirement Expense Benefit Recovery Total Fringe Benefits/Sal. Ovhd. $13,169,869 $131,000 $13,300,869 $590,767 ($93,949) $496,818 2,445,09I (16I,925) 2,283,166 2,671,357 80,998 2,752,355 (6,864) (241,0(?0} {247,864) 154,688 154,688 459,332 459,332 3,035 3,035 126,195 126,195 312,970 312,970 28,162 28,162 328,058 328,058 $7,112,791 ($415,875) $b,696,916 $727,458 $727,458 1,289,770 1,289,7'10 623,393 623,393 342,080 342,080 29,308 29,308 1,641,674 1,601,674 14,116 14,116 125,248 125,248 78,538 78,538 65,438 65,438 1,968,185 1,968,185 471,406 471,406 (6,7'64) (6,764) $7,329,848 $0 $7,329,848 3.74 17. i7 20.69 (i.s6) 1.16 3.45 0.42 0.95 235 o.ai 2.4? 5.47 9.70 4.69 2.57 0.22 12.04 0.11 0.94 0.59 0.49 14.80 3.54 (0.45) Administrative Expenses Travel & Subsistence $148,859 ($3,000) $145,859 1.10 Recrui.ting Fees & Expenses 18,889 18,889 0.14 Page 1 BergerABAM Inc. Overhead Schedule FYE May 31, 2012 �io ot General Firm Overhead Direct Classi%cation Ledger Adjust. Costs Cost Contract Personnel Advertising Entertainment Charitable Contributions Employee Welfare Library Professional Activities Education & Training Fees General Admin Association Dues General Liability Insurance Legal Fees Accotmtin� Fees Proposal Administration Proposal & Aiegotiation Office and Work Space Operating Expense Furniture & Small Equipment Furn & Small Office Depr. Office Equipment Office Equipment Lease O�ce Supplies Field Equipment Field Equip Depreciation Auto Fuel & Maintenance Auto Insurance & License Auto & Truck Depreciation Field Equip Recovery Telephone Postage & Freight Reproduction Copy Equipment Lease Personal Property Tax Fidelity Insurance Business & Prof License Interest Expense 22,960 8,307 2,080 37,975 286,805 32,366 24,778 233,558 49,877 84,122 98,432 154,214 115,986 272,313 4 1,577,313 68,589 9,498 343,062 9,501 101,959 37,83d 31,678 83,220 8,166 43,498 (84,219) 294,346 28,753 182,283 19,025 15,719 36,023 2,256 Page 2 (8,30'7} (2,080) (37,975) {216,496) (1,138) (4,695) (11,073) (95,327) (93,152} 22,960 0 0 170,309 31,228 20,083 233,558 49,877 73,049 98,432 58,887 115,986 179,162 4 1,577,313 68,589 9,498 343,062 9,501 0 101,959 37,836 31,67$ 83,220 8,166 43,498 (84,219) 294,346 28,753 182,283 0 19,025 15,719 36,023 2,256 O.i7 0.00 0.00 0.00 1.28 0.23 0.15 1.76 037 0.55 0.74 0.44 0.87 1.35 0.00 11.86 4.52 0.07 2.58 0.07 0.00 0.77 0.28 0.24 0.63 0.06 033 (0.63) 2.21 0.22 I .37 o.00 0.14 0.12 0.27 o.az BergerABAM Inc. Overhead Schedule FYE May 31, 2012 % of General Firm Overhead Direct Classificatioa Ledger Adjus� Costs Cost Error & Urnissions Insurance B&O Taxes City and State Taxes Computer Expense Computer Depreciation Total Administrative Expenses Total Overhead Expenses 527,168 527,168 3.96 841,532 842,532 6.33 5,478 5,478 0.04 b11,339 611,339 4.60 355,983 355,983 2.68 $b,741,531 ($373,242) $6,368,289 $21,184,170 ($789,1 I7) $20,395,053 Overhead Rate I60.9% 153.3% Page 3 EXHIBIT G Subcontract Work Mayes Testing Scope of work is described in Task 3.1.7, Material Testing and Special Inspection, Scope of Work Construction Management Services and Services During Construction. Transpo Group Scope of work is described in Task 2.5, General CM Support, and Task 4.2, Submittals, Scope of Work Construction Management Services and Services During Construction. Exhibit G-1 Mayes Testing Costs SUBCONSULTANT FEE DETERMINATION 3/21l2013 Personnei Cost Personnel Hours Unit Price Cost Notes Projeci Manager 8 X $95.00 =$ 780 Soils Technician 120 X $85.00 =$ 10,200 Asphalt Technician 40 X $85.00 =$ 3,400 Concrete Inspection 2 X $75.00 =$ 150 SJgnal Bases Only Total Hours 170 E 14,510 TOTAL SALARY COSTS = $ 14,510 Laboratorv Sevices Soil Moisture Densky 4 each $200 $800 Concrete Compressive Sirength Cyllnder Test 2 each $22 S44 Signal Bases Only Asphalt Rice Density Test 2 each $100 $200 Asphalt Extraction/Gradation Test 2 each $250 $500 Seive Malysis 6 each $200 $1.200 TOTAL EXPENSES = $ 2,744 TOTAL AUTHORIZED AMOUNT = $ 17,Y54 Page 1 of 1 Exhibit G-3 Breakdown of Subconsultants Overhead Cost Account Title $ Beginning Totai % of Direct Labor Direct Labor All inclusive Lab r Rates (Small Firm) Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance HolidayNacation/Sick Leave Commission/Bonus/Pension Total Fringe Benefits � General Ovefiead: � State B&O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professionat Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professionaf Development Rent Equipment Support O�ce, Miscellaneous & Postage Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor) DOT Form 740-089 EF Exhibit G-2 Revised 8107 EXHIBIT G-1 TRANSPO Fee SUBCONSULANT FEE DETERMINATION AND STAFF HOUR ESTIMATE (Transpo Group) 3/21/2013 DIRECT SALARY COSTS (DSC) Personnel Hours Rate Cost Project Manager 22 X $47.50 =$ 1,045 Proje�t Engineer 38 X $34.33 =$ 1,305 Office Administration 4 X $23.05 =$ 92 Hours, TOTAL 64 Subtotai Direct Salary Costs (DSC) _$ 2,442 Salary Escalation (SE) = 0% of DSC = Subtotal (DSC + SE) _ $ 2,442 Overhead (OH) 212.05% of (DSC + SE) _$ 5,178 Fixed Fee (FF) 30.00% of (DSC + SE) _$ 733 TOTAL SALARY COSTS (DSC + SE + OH + FF) _$ 8,352 DIRECT NONSALARY COSTS (DNSC) Mileage for Site Visits 150 miles @$ 0.565 85 Plots @ $ - Copies @ $ - Fax @ $ - GPS hours @ $ - Vessel days @ $ - Per Diem days @ $ - Lodging days @ $ - County Research estimate @ $ - TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ 85 TOTAL FEE (DSC + SE + OH + FF + DNSC) _$ 8,437 SUBCONSULTANTS $ - $ - TOTAL SUBCONSULTANT FEES = $ - TOTAL AUTHORIZED AMOUNT = $ 8,437 Page 1 of 1 EXHIBIT G-3 � ��lashirfgton St�t� �te�ar#�rnent �r� i'r�►x�y¢ortatias� �aula .�. l3arr►montl, �P.1�. S�ecretary �f �'ransport�tinn January 23, 2013 Sarah Brinkerhoff, Finance Manager Transpo Grnup 11730 118`� Avenus NE; Suite 600 Kirkland, WA 98034-7120 Re: Transpo Group Overhead Schedule Fiscal Year Ead December 31, 2U11 Dear Ms. Brinkerhoff: Yrans�wrtaiion Building 31U �fapie F'ark Auenue S.E. P.U. Box 4`730{} Olympia, W� 91i504-73�3 3Stl- lUtr7000 m: �-aoo-sa�a{=.., ,. mvww.wsdntw��+;;.�,,,, ?" ; , e ; ,. ,`f�` P - � � � �:. , �',,; . u _ �Ve have completed a desk review of your overhe�d schedule for the abc>ve referenced fiscal year. Our review included the dc>cumentation provided by Transpo Groug. The reviewed data included, but was not Iimited to; the schedule of the indirect cost rate, a description of the company, basis af accounting and descrig#ion of Transpo Group accoanting system and the basis of indirect costs. Based on our work, we are issuing this letter o�f review esiablishing Transpo Group's averhead rate for the fiscal year ending December 31, 201 l, at 212.05°l0 of direct labor (rate includes Facilities Cost of Capital of 0.52%). Costs billed to actual agreements will still be subject to audit of actual costs. Ptease check with the WSDflT Consultant Sarvices Office {HQ) and/ar the WSDOT Area Consuitant Liaisan ta determine when this reviewed rate will be applicable to your VI/SDOT agreernenf(s). Also, when yon provide next ysar's overhead schedute ta aur office or to your CPA ium, please suhmit ei#her your internally prepared Compensation Analysis, or the National Compensation Matrix (NCl1� worksheet. If you, or any representatives of Transpo Group, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve MeKarney a# (3b0)705-7003. Sineerely, ������ n�,a s. R��� Agreement Complianae Audit Manager MR:ds Enciosures cc: Steve McKerney, Director of Internal Audit ]eri Sivertson, Assistant Director af Internat Audit Mark Brooks, MS 47440 Latry Schofietd, MS 47323 Fiie Transpo Group Overhead Sc6edule For the Year Ended December 31, 2411 Financiai Statcment Accepted Description Amount Transpn Adj. WSDOT Adj. g�� Amount % Airect Labor Fringe Beneflt3: Vacation, Sick, & Holiday Payroll Taxes Health Insurance Profit Sharing (401-k) Fringe Benefit Adjustment Totai Fringe Benefitg Geaeral Overhead: Indirect Labor SigninglPE License Bonuses �annges Depreciation i'rofessional Dues & Training Traffic Count Vendors Meals 8t Entertainment Employee Relations Travel Professional Meetings & Conferences Insurance-Gen Liab, Prof. Liabiiity Insurance - Key Employee Intsrest Expense Legal/AccountinglAdvisors Recruiting Costs Outsaurce-I-IR, Computer & Temp Office Supplies/ReproBquip Rental Cammunications & Advertising Rent, Repairs & Maintenance Business Taxes . Corgorate Chaz'stab2e Contributions Bad Debts Total Genera2 Overhead Total Uverheed Costs Overhead Rate (Lcss FCC) Faciiities Cost of Capital Overhead Rate (Includes FCC) $1,312,101 $36�,022 285,135 301,629 28,341 ($12b,766� $9'75,127 ($12b,766} �0 $1,116,609 {$313,196} ($5,727) 2,884 (2,884) 29,393 (29,343) 168,372 30,329 {8,590) 4,628 $1,312,1O1 $360,022 285,135 301,629 28,341 Q (226,766) �84$,361 A, B, R, 5 C C D, T 28,554 (21,82]) (2,722) D, E, F, G, T 9,364 (8,518) G 93,15? (74,208) D,E,1 14,Ofl8 (13,825} D 41,796 3,015 (3,016) 32,500 (32,SQ0) 84,271 (6,754) 65,492 17,070 (2,660) Zo�,saa ta7,044) {Z,s69) gg,g2$ (4,279) {339) 291,$93 104,576 (3,615) (909} 2,343 (2,393) 1,959 (1,959) $2,496,036 {5556,62'7) ($12,256) $3,471,163 {$683,393) ($12,266) 264.55% 2i2.47% $6,8i5 Transpo Group - Reviewed and Accepted QIIZ3/13 SO "Overhead Rate stiil subject tv WSDOT Audit" Page 1 � D D,G,L,U D, V M, N, V � P $797,7Q6 Q a 16$,372 21,739 4,628 4,O11 846 18,949 183 91,796 a 0 77,521 b5,492 I4,410 175,235 94,214 291,843 t00,152 0 0 �1,927,143 $2,775,544 211.53% � $6,815 $2,782,319 212.05% 100.00% 27.44% 21.73°!0 22.94% 2.26% -9.66% 64.66% 60.80% 0.00°l0 0.40% 12.83% 1.66�0 4.35% 0.31% 0.05% 1.44% 0.01°!0 7.00% OAO% 0.40% 5.91% 4.99% 1.10% 13.36°!0 7.18% 22.25% 7�b3% 0.00% O.dO% I46.8?% 211.53% 0.52% Trauspt� Group Qverhead Schedule For the Year Ended December 31, 2011 Financial Statement Accepted Amount Trans o Ad WSDOT Adj, g�f Amoant % Description p 1• References Transpo Groap Adjustments: A Adver[ising and Public relations labor unallowaUEe per 48 CFR 31.205-i ($311,802} B Overtime premium unallowable per 48 CFR 22.103-1, 22103-4{g) & WSDC3T OH Policy (Indirect only, $1,374) C Bonus unallowable per 4$ CFR 3 i.2{35-6( fl(Signing/PE $2,884, Bonuses $29,393) D Advertising and Public relations expenses unatlowable per 48 CFR 31.205-1 (Professiona[ Dues & Training $8,59Q, Meais & Entertainment $6,205, Travel $3 t,228, Prof Meetings $13,825, Outsouzce 52,66Q, t7ffice Suppiies $14,239, Communication & Advertising $4,279) E Lodging, meal, and mileage rate in excess of federal travel regulation unallowabte per 48 CFR 31.205-46(a}(2) (Meats $2,177, Travel $2,105) F Entertainment utlallowable per 8 CFR 31.245-14 atad Gifts unailawablo per 48 CFR 3l .2fl5-13 ($6,782) G Unaliowabie Employee morale per 48 CFR 31.205-13 (Employee relatians $8,538, Office Supplies $1,743, Meals S6,b57) H Key person life insuranoe unattowable per 48 CFR 31.205-14{e){2)(v) {S3,O I6) I Interest unallowabie per 48 CFR 31.2Q5-81 ($32,540) J Auto allowance payment unallowable per 48 CFR 31.205-t5(m)(2) and 31.201-2{d} ($40,874) K Federal Income Tax Preparation fees unailowabie per 48 CFR 31.205-741(b)(t), 31.205-b(d) ($b,750) L Finance Chazges, Bank Fces and I,ine oPCreflit Pees per 48 CFR 31.205-20 ($1l,058} M State Income Tax unallowable per 4$ CFR 31.ZOi-4 ($1,08i) N PanaIrics unallowable,per 48 CFR 31.205-IS ($2,534) O Contributian unallowable per �8 CFR 31.205-81 ($2,393) P Sad Debt unallowable per 48 CPR 31.205-3 (� 1,454) Q Fridge Benefit adjustment: directiy assoeiated eost to unallowable a�ivertising, pubiic relatians and direct selling lahor per 48 CFR 31.20I-6(a} WSDOT Adjustmen�: R Remove Job Cost Variance ($7,102). 48 CFR 31.201-2. - Error - added back S �T premium allowable {$1.,374}. WSDOT OH policy no longer in effsei. Addecf back. T Ennpioyee sncial functions, unsuppoc�tsd meal purpose, tips unaliowable per 48 CFR 3I205-14, and 31.241-2. U Expenses fnr the Abu Dhabi office unallowable. 48 CFR 201.4 - Pmject related expense. V Advartising and Public relarions expenses unaklowable per 48 CFR 31.205-i Page 2 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compiiance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • W ithholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs ( I) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit 1 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 reyuired for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A fnal payment shall be made to the CONSULTANT which when added to any payments previously made, shatl total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A fnal 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 determ ine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2- Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude•of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3— Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4— Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultanYs aileged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. Ifthis 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 6l05 Local Programs Engineer, a summary ofthe settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5— Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to �nd a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution ofthe 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 Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This e�chibit 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 frst step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classifcation for each frm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's c(aim, 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 Pub(ic Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. Ifthe 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 consultanYs claim(s). Include the fnal 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. I hereby certify that I am Exhibit M-1(a) Certification Of Consultant Project No. Local Agency (/!�. ��d�,�,,�'" and duly authorized representative of the firm of BergerABAM whose address is ��3d� �`— �,�i?Lf, �p�q,�,� ��✓ and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any frm, 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 certifcate 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. � L�T�i3 Date DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 � Signature Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Offcial of the Local Agency of City of Federal Way , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certi�cate 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. �-� -�201?� Date DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 CITY OF FEDERAL WAY Skip Priest Mayor 33325 8�' Avenue S Federal Way, WA 98003-6325 I. Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifes to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). ofthis certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Ber�erABAM ��� �3 (Date) DOT Form 140-089 EF Exhibit M-2 Revised 6/05 �/,.2�r�� (Signature) President or Authorized Official of Consultant .1�7 iT1:�i��3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federa) agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offcer 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 certi�cation is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to fle the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $] 00,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): BergerABAM z 1a�3 ( ate} DOT Form 140-089 EF Exhibit M-3 Revised 6/05 (Signature) President or Authorized O�cial of Consultant 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 defned 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 offcer or to the contracting offcer's representative in support of a✓ .'.�0�' Go�tlS.�'AU.t?O�-( * are accurate, complete, and current as of � Z m(?j **. 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 BergerABAM Name !�d'�� f��l�t,QEs Title �%�� ��lQLFx.C.i' Date of Execution*** _� Z ZO/3 ___ _______ * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 258277 '� � CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/VYVY) 4/3/2013 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 NAME: _ Commercial Lines -(206) 892-9200 PHONE FAX A/C No Ext : ___ __ (A/C, No): _ Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 E-MAIL ADDRESS: 601 Union Street, Suite 1300 INSURER S AFFORDING COVERAGE NAIC # Seattle, WA 98101-1371 iNSUaER n: Travelers Property Casualty Co of America 25674 INSURED INSURER B: PhO6f11X If1SU�8nC2 COI'1'IpBfIY 25623 BergerABAM, Inc. Lexin ton Insurance Com an 19437 INSURER C: 9 p y 33301 9th Ave S. ..,�..s�s„. Federal Way, WA 98003 COVERAGES CERTIFICATE NUMBER: 5881837 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 EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD A GENERAL LIABILITY 6808264P255-12 05/01/12 05/01/13 E'°`CH OCCURRENCE $ 1,000,000 DAM GE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S 1,000,000 CLAIMSMADE � OCCUR MED EXP (Any ane person) $ 10,�0 X WA Stop Gap PERSONAL & ADV INJURY $ 1����� GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO- $ 1,000.000 POLICY X LOC WA Stop Gap B AUTOMOBILE LIABILITY BA8269P109-12 05/01/12 05/01/13 COMBINED SINGLE LIMIT �,ppp,000 Ea accident x ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERN DAMAGE $ NON-OWNED Per accident X HIRED AUTOS X AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S ' DED RETENTION $ $ WORKERS COMPENSATION WC�TATU- OTH- A ANDEMPLOYERS'LIABILITY y�N 6808264P255-12 05/01/12 05/01/13 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ �'�'�� OFFICER/MEMBER EXCLUDED7 � N/ A WA Stop-Gap Only (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 7.000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liability 013001562 07/01/12 07/01 /13 $1,000,000 Per Claim /$1,000,000 Agg $225,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Altach ACORD 701, Additional Remarks Schedule, if more space is requirod) Re: Project Name - S. 320th Street at 20th Avenue South Intersection Improvements, Construction Management Services. BergerABAM Project No. A13.0317.00 City of Federal Way is Additional Insured under General Liability when required by written contract regarding their interest in the operations of the Named Insured. TE TION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: John Mulkey, PE, Street Systems Project Engineer THE EXPIRATION DATE THEREOF, NO710E WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue S. Federal Way, WA 98003 AUTHORI2ED REPRESENTATIVE 9«���- The ACORD name and logo are registered marks of ACORD �O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2070/05) CUMM�RCiAL G�NERAL L1ABlLITY THIS ENDOt2SEMENT Ci-iANGES THE P41.lCY. P�.EASE READ IT CAREFUl.L.Y. ARCHIT�CTS, ENG�PtEER� AND SURVEYOR� XTEND ENDt�RSEMENT This endorserr�en# modifies insurance provided under #he folfowing: COMMERCiAL GENERAL LIAB1Li7Y COVERAGE RART �ENERAL L?E8CRIPTFON �F CCtVERfiGE Provisions A. - T. and V. o# this endorsement broaden coverage. Provlsions U. and W. ot #Ir€s endorsemer�t may limit eoverage. The following listing is a genera) coveraga descripilon only. Limitations and exclusions rnay appty tu these cove�ages. Read all fhe PROVESfONS of this endo�sernent carefu{ly to deiermine rights, duties, and what is a�rd is nat covered. A. Broadened Named Insured �. lncidental Medical Malpractice C. Reasanabie Farce - Bodily injury Or Property Damaga d. Non-Owned Watercraft - lncreased To Up To 7b feei E. Aircraft Charlered Wifh Crew F. Extension C}f Covecage - Damage To Fremises Rented To You G. iVlallcious Prosecution - Exception To Knawing Violation Of Righis Of Another Exciusian N. Additional tnsured -- Arcfiitect, Engineer �r Surveyor O. Who Is An Insureci - NevrAy Acquired Or �orrrted Organ€zations P. Who is An I�sured - Unnamed Partnership �r Joint Venture - Excess Q. Per Project Genera! Aqgregate LimR R. Knowlecige And Notice Of Oacurrance Or Difense S. Unin#errtionalOmission T. H. Medical Paytnents Limif i, fncreased Supplementary Payrnents U. J. Additionat Insured - Owner, Manager t3r Lessar Of Premises v- K. Additionat Insured - Lessor Ot Leased Equipment L. Additional in5ured �- State �r Political Subdiv�- sions - Perrnits Reiating To Premises � M. Acidittanal Insured - State Or'f'oiitical Subdivi- sions - Permits Relating To Operations PROVISiONS , A. BRt�ADENEb NAM�� INSURED 1. The IVamed lnsure8 in Item 1. of the Com- mon Policy baciarations is amended as fol- iaws: The person or organization named in item 1. af the Cammon Policy Beclarations at�d any organizaiion, other than a pa�tnership, jofnt venture, timited liability company ar trust, af which you are fhe sote owner or in which you mainfain the majority awttership interest on the effective da#e of the policy. However, i C(3 D3 79 08 O7 �� Waiver �f Trans%r Of R�hts Of Recovery Against Others To Us When Reguired By Con- traci Or Agreernent Amended Bodily in�try Definition Amended lnsured Contract �efinition -- �tailroad Easement W. Amended Praperty Damage befinifion - Tangible Property X. Additional Definition - Coniract or Agreement Requiring Insur�nae caverage for any such addiiianal arganizetion wilt cease as af the date, if any, during the poticy period, that you na longer are the sole owner o€, or maEntain the majority awnersh#p interest ir�, such acganization. 2. This Provisian A. does nat apply ta any per- son or organizaiion for which coverage is ex- cluded by another endorsemeni to this Cov- erage Part. B. INCtDENTAL MEDiCAL MALpRACTtCE 1. The following is added to Paragraph 1, lasur- ing Agreement of CQVEl2ACE A BOdILY � 2007 The'Fravelers Caritpanies, lric. Page 1 of 8 .� �� � �� � a� � o� oe n �" � _� �� = � �-----. � ,..:.r ,..�..�. a� a�i � �� � .� C�MMERCIAL GENERAL LIAB►E.i fY ENJURY AND PROP�RiY bAMAGE �.1- ABILITY in GQVERAGES {8ection f): "Bodify injury" arising out of the r�nd�ring of, ar failure to cender, "first aid" or "Good Sa- mariian services" io a person, other ihan a co-"smptayee" or "vaEunteer warlcer", wiil be deemed to be caused by an "accurrence". �ar ths purpases of determining the appiica- bfe limits of insurance, any act or omisstan #ogether wi�h ati related acts or omissians in the furnishing of ifie setvices to any one per- son wiR be deetned one "accurrence". �, As used in this Provision B.: a. "F{rst aid" means rnedical or nursing ser- vioe, i�eatment, advice or instr�uctian; #he related #urnishing of food oi beverages; the fumishing ar dispensing of drugs or rnedical supplies or appiiances; b. "Good Samarifan senrices" rneans those �nedicai services rendered ar provided in an ernergency and for which no remu- neration is demanded or recelved. 3. paragraph 2.a.{1j(d� of WHO IS AN IN- SURL[3 (Section ii) does noi apply to any of your "employees", wha are not employed as a doctor or nurse by yau, but only wiiife per- forrning #he services desc�ibed in Paragraph 1. above and while acting within the soape af thetr employtr�ent by you, A�y such "empioy- ees" rendering "Goad S�maritan services" will be d�emed to be acting within the scope of their employment by you. 4. ihe fallvwing exclusion is added to Para- graph 2. Exclusions of COV�RAG� A BOD- ILY IWJURY AND PRL)PERTY DAMAGE LIABILiiY in COVERAGES {Section I): Sal� of pharmaceuticals °Bodily injury" oe "property damage" aris- ing oui of the willfu) violation nf a penai siatuie or ordinance relating to the sale of pharmaceuticafs commiited by or with the knovuledge or aonsent o# the insured. 5. The insurance provtded by this Provision B. shali be excess over any valid and collectible oiher insurance available ta the Insured, whether psimary, excess, contingeni ar an any ather basis, except far insurance p�r ch�sed specifically by you ta appty in excess of the Limifs of lnsurance shvwn in the Decla- ra%ians fior this Gaverage Part. C. REASONAB�.E �'ORC� — BODIL»Y INJURY OR PROPERTY pAMAG� The �xpected Or intended Injury Exclusion in Paragraph Z. Exclusions of COVERAG� A BODIE.Y INJURY ANb PRf3P�F�TY DANtAGE LIABILITY in GOVERAGES (Sectian i) is de- leted and replaceci by the faEiowing: Expectecf Or Intended Injury Or Damage "BodiEy injury" or "propariy damage" expected or intended from fhe siandpoint of the insured. This exc(usio� daes not appiy t� "bodity injury" or "property damage" resulting from i.iie use of tea- sonable force to pr�teci any person ar property. D. N�N-OWNED WATERCRAFi' — lNCREASED TO UP TO 75 FEET 1. The exception Gantafned in Subparagraph (2} of #he Airsraft, Auto Or �Ilatercraft Exc1u- sian in 2. Exclusions of G�V�RAGE A BODt�Y lNJURY AND PROPERTY pAM- AGE L1ABlLIiY in COVERAt3ES (Scction i) is deteted and replaced by ihe fotlowir�: (x) A wa#ercraft you do not own that is: (a) Less thar� 75 feet long; and (bj Not beir�g used to ca�ry pe�sons or praperEy for a charge; 2. Qniy as �espects the insurance provided by this Provision D., WH4 IS AN 1NSURED (Sectivn t!) is amended to include as an in- sured any person v�fio, with your expressed ar impiied consent, ei�her uses or is respan- sibEs far' the use of the waterorafi. 3. The insurance provided by this Provision D. shall be excess over any valid and collsctible other insurance avaitaDle to the ins�r�t. whether primary, excess, contingeni ar on any other basis, except for it�surance pur- chased spea�catly by yau to apply in excess of the Limits af insurance shown in the Decla- rations for this Coverage Part. E. AIRGRAFi CHARTERED W1TH CRE'W 1. The iollawing is atlded io the exceptiot�s con- tained in the AirCrati, Auko �?r Watercrafi Exclusion in Paragraph 2. Exciasions of G�VERAGE A BODILY i[�tJURY AND I�R(3PERTY DA�A�E lIABIUTY in COV- ERAGES (Section ij: Alrc�aft chartered with crew, inciuding a pilof, to any insured. Page 2 of 8 � zooz The Traveiers cotnparst�, tnc. CG D3 79 09 47 ooaoaa � 2. This Provision E, ctoes not appiy (f the char- tered aircraft is own�d by any insured. 3. The tstsu�ance provided by this Provision E. shai! be excess over any valid and coilectibEe o#her insurance avaitabie to the insured, whether primary, exeess, contingent or art any other basis, except for insurance pur- chased specificafly by you to appfy in excess of the Limits of Insu�ance shown in the Decla- rafions for ihis Caverage Part, �. �XT�NSION OF C4VERAGE — DANflAGE 70 PREMISES REN7�D TO YOU 1. The tast paragiaph of COVERA�E A 800. ILY INJURY ANi3 PEtCaPERTY D�,MAG� LIABtI.ITY in C�V�RAt3E8 (Section I) is cieteted and replaced by the foltowfig: ExclusTans c. thrnugh n. do noi apply to dam- age to premises while rented to you, or tem- porar'iiy ocoupied by yau wiih permission of the owner, caused by: a. �9re; b. �cplosian; c. Lightning; d. Smake resulti�g from such fire, expla- sion, ar lighfning; ar e. Water. A separate 1irr�it pf insarancQ applies #o this coverage as described in LIPAI'i3 OF IN- SUl�ANCE (section Itl). 2. The insurance under this Provision F. does not apply to dam�ge ta premises white ren#ed to you, or temporarily occupied by you with permissian of #he owner, caused by: a. Rupture, bursiing, or aperation of pres- sure relief devices; b. Rupture or bursting due to expans€on or swetting of th� contents of any bui[ding or structure, caused by or resutting from wa- ter; ot c. Explosion of steam bofiers, sieam pipes, steam engines, or steam turbines. 3. Paragraph 6. of i.IMi3's oF INSURANC� (Section lil) is deleted and repiaced by the foitowing: Subject to 5. �bove, #he Damage To Prem- ises Rented io You Limit is the mast we wi11 pay under Caverage A for the sum af aii damages becausr� of "properky damage" to CC:>MN{ERCfAL GENERAL LIABILI7Y any one premises wliile rerrted to you, or tempprarily occupied by you wfth permission of the owner, caused by: fire; explasion; lighf- ning; smoke resuiting irom such fire, explo- sion, or lightning; ar water. ihe Dam�ge Ta Premises Rented To Yau Limit wiE! apply to a!! "qraperty damage" proximately caused by 4he same "occurrence", whethar suctt dam- age results irom: �re; explosion; 4'tghtning; smoke resutting from such fire, explosion, or lightning; or water; or any cambination of any of these causes. i'he Damage Ta Pr�m€ses Rerrted To You i.imif wtlt be the higher of: a. $1,OOD,OQt?; ac b. 'The amount sAown for #he Damage To Premises Rented To You Limit ln the Declarations for this Caverage 1'art. 4. Paregraph $. of the definition qf "insured con- tractu in D�FIiViTIONS (Se�tion Y) is deletecl and repiaced by the following, a. A caritraat for a lease of premises. Hovw ever, that portion of the contract for a Isase of premises that #ndemntfies any person or organization tor damage tQ �� premises wttiile reMed to you, or tempo- �.� �' rarily acc�tpied by you,wlth permissian of the nwner, caused by: fire; explosion; lightniag; smoke resulting from suah fire, explasion, or lighf�ing; or water is no! an "insured cantract°; 5. 7his Provision �. does noi appiy if coverage for Oamage 'io Premises R�nted To You of COVERAGE N BClDtLY lNJURY AND PRqPER'iY �AMAGE L,IABlLt7Y in C�V- ERAGES (SectioM Ij is excluded by another endorsemerrt to this Coverage Part. G. MALICIOUS PRQSECUT1011t — EXCEPTiOPI TG1 KNOWiNG V10tATfON OP RIGH73 OP AW- OTHER EXCLUSIOAI 'iite foNowing is added to the Knowing Vioiatia» Of Rights Of Anuther Exclusion Pn 2. Exclu- sions of COVERA[3E B PERSONAL iNJURY, AO'VER7'1SiNG INJURY AND WEB SITE IiV- JURY LIABILI"fY of the WEB XiENb LIABIUiY Endorsem�nt: This exci�sion does not apply to "persona! in�ury" caused by maiicious prosecution. CG D3 79 Q9 07 � 2007 7tie iwavelers Companlec, tnc. Page 3 of 8 COMMERCIAL GENE�tAL L{ABl�iTY H. M�OICAL PAYM�NTS E.IMIT .� d.� �� � a� o� � b� o� � �� � � _� ._.._ � � _� --�..�"'-s � �� � p��ww O� �.� � �� .� 004984 The IVledical Expense Limit shovur� in the Dectara- iions for th'ts Coverage Part is i�creased to $10,000. L ItVCREAS�D SUPPLEMENiARY PAYME(dTS Paragraphs 1.b. and 1.d. of SUPPl.�MENl'ARY PAYMEWTS — COVERAGES A A�f� B in COV- ERA6ES {Sectian Ij are amended a5 fotlaws: 1. In Paragraph 1.b., the amaunt we wiU pay for tite coSE of baii boacts is increa5ed ta $250Q_ 2. In Paragraph 1.d., the arnour�f we will pay for ioss of earnings is �ncreased to $500 a day. J. ADDl1'IQNi4L {MSl1RED — OWNER, MANAGER OR L�SSt)R OF PREMt3ES 1. WHD 15 AN INSURED (Section li) is amended to i�ude as an insured: Any person oc organization tfiat you have agreed ln a coatrac� ar agreement to include as an additional insured on th�s Coverage f�art, but: . a. �niy wiih respecf to liability for "bodily in- jury" or "property damage" thai occurs, oc "persunal injury" aaused by an offense carnmit#ed, after yo�r have entered into that contraot ar agee�ment; and b. Or►ly if ihe "bodity injury" "prope�ty dam- age" or "persanal injury" is caused, in whale or in part, by acts or omissians of you ar any persan or organizaiion per- farming aperatians or� your behalf, and arises ou# of the awnership, maintenance ar use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additianai insured under this Provision J. is subject to� the foliowing provisfons: a, The iimits of insurance affarded to such additional insured sha11 be the limits whiah ynu agreed #o provide In #he cnn- tract o� agreernent, or the iimits shown in the Declarations for this Covera�e Part, whichever are {ess; and b. 7he insurance afforded to suoh additional insurer! does not apply to: {1j Any "bodily ir+jury" or "property dam- �ge"' that occurs, or "persor�al injury" eaused by an offense cammitted, af- ter you cease to be a tenant in thai premises; Page 4 of 8 {2) Any strueturai alteratians, new con- sYruction or demoiitian operations performed by or on behalf of such additianat insured; o� (3� Any premises for which caverage is excluded by anether endorsemerit io this Coverage Part. 3. This Provision J. does nat apply on any basis to any person or arganization for which couerage as an add3tional insured specifically is added by another en- dors8ment to this Coverage Pari. K. ADDtTlOIdAL 1NSURED -- I.ESSOR OF I.�ASED EC,�UIPMEN7 1. WHO 1S AN IAlSUREQ (Section ilj is amended to include as an insared: Any persan or organization tt�at you have a�reed in a cot�tract or agreement to include as an addii{anai insured on ihis Coverage part, but: a. b. Onty with respsd to fiability for "badily in- jury" ar "property damage" that occurs, or "personai injury" caused by an offense comrnitted, affer you have entered into that contract or agreement; and Only if the °bodily injury", "Property dam- age" ar "persona! injury" is caused, in whole or in part, by acEs or omissions of you or any person or organization per- fornning operatians an your behalf, in the maintenartce, operatfon or use of equip- ment leased ta you by such adcittioha! in- sared. 2. The insurance provided to such additionai insur�d under this Provision K. is subject to the fotiowing provisions: a. ihe limi#s of irtsurance affarded to such additionai insured shail be the iimits which you agreed io provide in the con- tract or agreemenf, or tfie {imits shown in th� Deciaratians far ihis Coverege Part, wh{cheve�r are less; and b. The insurance afiorded to such additional insured does not appiy: (1) To any "baiily injury" ar "property damage" that occurs, o� "personat in- jury" caused by an affense commit- ted, aftar the equipment iease ex- pires; or � 2007 The 7ravelera Companies, l�. CG D3 T9 p8 Q7 f' "'" {2) If the equipmen# is ieased with an operator. 3. 7his Provisian K. does not appty on a�y basis ta any person or organixatior� ior whicft cov- erage as an additiortai insured speciflaally is added by another endorsement to this Cov- srage Pa�t. t�. ADDi710NAL INSURED — STATE OR POLITI� CAL SUBpiVIS10NS — PERMiTS R�iATIk�G TCr PR£MISES The foilowing is added to Paragraph Z. of WHO IS AN tNSUR�D (8ection !I) to inciutfe as an insured: Any s#ate or political subdivision that has issued a permit in connectian wiih premises owrted or oc- cupied by, or rented or loaned to, you, bu# only witf► respeci fo "bodily injury«� ,�property damage", "personai injury" or "advertising injury" arising out oi ihe existence, ovur�e�ship, use, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coai hoies, driveways, rnanhvles, marquees, hoist away openings, s�dewaik vauits, elevators, street banners ar decaraffons %r whiah that state or poiiticat snbdivisiort has issuerS such permit, M. ADDIi'IONAL INSURED — STATE OR AOLITI- CAL. SUBD3VISIONS — PERMI'�S RELAiiIVG TO OPERAiiC3NS The foitowing is added to Paragraph 2. of WHO tS AN iNSUR�D (SeGtinn II) to inctuBe as an insured: Any state oc pofitical subdivisivn tha# has issued a permit, but only wiih respect to "bodily injury", "propetty damage", "personaf injury" or "advertis- ing tnjury" arising, aut o# operations performed by you or on your behaEi for which that s#ate or po- liticei subdivision has issued such permit. How- ever, no such state or political sul�ivision is an insured for: 1. "Bodily injury". "property damage,', „personal injury" or "adve�tising injury" arising out of operations performed for thaE sfate or potitical subdivision; or 2. "�odity injury" or "prope�ty damage" inciuded wiihin the "products — compieted aperations hazard". �C)MM�RCIAL G�NERAL LIABlLIiY N. ADDITtONAL WSUREb -- ARCHETECT, ENGI- NEER OR SURVEYOR � 1. The follor�ring is added ia Paragraph 2. o# WHO IS AN INSUREd (Sec�ort fl) to inGude as an insured: Any arciiiiect, engineer or surveyor engaged by or for you tt�at you agree in a"coniract o� agreement requiring insurance" to include as an additional insured an this Coverage Part, but only with respect ta liability for "bodity in- jury", "praperty damage" or "personaE 'snjury" that is caused, in whole or in part, by acts or omissians of yau or any person or osganiza- tion ac#ing on your behaif in cannectian vdith your premises ar "your work°. 2. Thi� Provision N. doss not appiy �n any basis to any person oe organization for which cov- erage as an additionai insured specificaQy is added by another endorsement to this Cov- erage Part. O. WNO IS AN INSURED — NEWLY ACQUMRED OR FORMEb ORGARi1ZAT10N5 7. Aaragraph 4.a. of WHO i5 AN fNBURED (Section 1!) is deleted and rep[ac�d by the foilowing: a. Coverage under this provision is afforded oniy untii the 180th day aftef you acquire or form th� organization ar the end of fhe policy period, whichever is eadier. A�y such newrly acquired or formed oryaniza- #ion that you report in writing to us within 98D days after you acquire or fo�rn if�e arganizatiott wiN be covered urxier this provisfon until the end of the policy pe- riad, even if there are mare than 180 days remaining uritii the end of the policy period; 2. This Pmvision O. does nat apply to any or- ganization for which coverage is exclud� by another endorsement fo this Caverag� Part. P. WI-t0 tS AN IN5URED — U�iNAMED PART» NERSHlP OR J4iMT VENTURE — EXCE5S 1. The last paragraph of WHO IS AN IMSUR�Q (Sectian ii) is dele#ed and replaced by the tollowing: No persan or organizatian is an insureci with respect to the conciuct oi any current or past partnership, joint venture or limited fiabiilfy campany that is �ot shouw� as a Named in- sured in the Common PoEicy Dectarations. CG C3S 79 OS 07 � 2007 The iraveiers Cumpantes, Ina F'ag8 5 of 8 � � GaMNiERCIAL GENERAL LIASILITY r� .� �� � � �� a� � a� � �� � r� � � �� � � � o� � o� !. .� � .� o�aszs 2. � However, this �xctusion daes not apply to your liability wiih respect ta yau� conduct of the business af any currenf or past partner- ship ar jaint venture: a. That is not shown as a Named lnsured in the Comman i'ol�cy Declarations, and b. ir� wfi�ich you are a member or partner where each and every ane of your ea- ventur$s in that joi�i venture is an archi- tecturai, enginee�ing, or surveying firm. 'ihis Provisivn P. daes r�at appiy ta any per- son or arganization far which caverage ts ex- cluded by another endorse�►ent to #his Cov- erage Part. The insurance provided by this Provision P. shalt be excess over any vatid and coltectible othsr insurance, whether primary, excess, con#inge� or on any other basis, which is avaiiable co�ering your iiab9lify with respect to your conduct of fhe business af any currerrt or past partnership or jaint venture tfiat is nat showm as a Narned tnsured in the Cornrnon Poficy Dec[arafions and which is issued to sach partnership or joint venture. Q. PER PROJECT G�NERAL AGGREGA'fE LiMIT 1. Paragraph 2. of I.IMiTS UF INSURANCE (Section IUj is deEeted and replaced by the fotlowing: 7he General Aggregate Limit is the most we wi11 pay for ihe sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov- erage A and for al{ rt�edicai expenses caused by acciden#s under Covetage C which cannat be atfributed oniy ta npe�a- tions af a singis "praject". 2. The foltowing is added td C.IMlTS OF IN- SURANCE tSection Ili): A separate Per P€oject Generaf Agg�egate Limi# applfes to each "project" far ali snms wi�iah the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for atl medicaf ex- penses caused by accidenis under Caverage C which aan be atiributed only ta operations at a sing(e "project", and tha# tlrnit is equal to the arr�ount of the General Aggregate Ltm'rt shown in th� Declarations for ihis Coverage P�rt, Page 6 oi 6 Any paymet�ts made under Coverage A for damages and under Covesage C ior medlcal expenses shal! reduce ihe Per F'roject Gen- eral Aggregate Limit for that "project", bui shali not reduce: a. Any ather Per Praject General Aggregafe Limit far any other "project"; b. The Generai Aggregate Limit; or c. The Products-Completed Operations Ag- gregate Limit. The limfts shown in the Declarations for this Coverage Pari for Each accurrence, Dam- age To F`remises Rer�ted Ta You and Medieaf �xpense are also subjeot to the Per Project Generai Aggregate Limlt when the Per Pro- ject C3enerat Aggregaie. Limit app{ies. 3. As used in ihe Provision Q.: "Proj�cf" means an area avvay from premises owrted by or rented ta yau at wtiich you are pertorming operatia�s pursuant to a contraM or agreement. For the purposes of determin- ing the applicable aggregate limit of insur- ance, each "project" that incfudas premises irrvniving the sarne or conne�ting lots, or p�mises whose co�ne�tion �s interrupted oniy by a stceet, raadway, waterway or right- ot-way af a raitroad shali �ie considered a sin- gle "pro}ecY'. R. KMOWLE�G� AtVD NO►TIC� OF dCCUR- REfdCE OR t�FFENSE The foltowirtg is added to Pat�agraph 2. Duties in The Evenf of Occurrence, ('3ffense, Ciaim Car Suit af COMMERCIAL GEAIERAL LIABILI7Y cor�ot-��on�s fse�fo�, N}: Notice of an "occurrence" or of an of�ense which rr�ay result in a claim must be given as soon as practicable after knowledge af the "occunence" or offense has been repoRec3 ta you, one af your "execu#ive o�oers" (if yau are a corporation), ane of your partners wiso is an indEviduai (if you are a partnership), one af your managers (if you are a limited [Eabifity company), one of ynur tn�slees who is an individual (if yau are a trust), or an "empioyee" (such as an insurance, loss conirot or risk manager ar aciministrator} designafed by you to give such notice. Knowlsdge by any other "employee° af an "occur- rence" or offense does not irnply that you aisa have such knowledge. � 2007 7ha Travelers Corr►penies, Inc. Ct3 D3 7'9 09 O7 l�.>. , � Nofice of an "occurrence" or of an offense whicY� may resutt ir� a claim wilt be deemed ta be given as soon as practicabie to us if it is given in good faith as soon as practiaabie to your wor�cers' com- pensation, accident, ar heafth insurer. This ap- pfies only if you subsequentiy give notice af the "occurrenc�" or offense to us as saon as practi- cable afier you, one of your "executive officers" {if you are a corparation), one of your partners wha Is an individual (if you are a partnership), one oi your managers (if you are a limiied liability � company}, one of yQU� trusteas who is an individ� uai (if you are a trust}, ar an "empioyee" (such as an insurance, ioss contro! ar r�sk rnanager or ad- rninistrator) c#esignated by yau to give such notice discovers that the "nccurrence" or offense may involve this policy. S. UN1N'T�WTIO�fAL OMISSION 1. The foliowing is added to Paragraph 6. liep- resentatians of CaMMERCIAL GENERAL L.lABILITY COldDtitONS (Section IVj: ihe uninientionaE om3ssian of, or unin#en- tional error in, any informatian provided by yau wttict� we reliad upon in issuing thts pol- icy shaA not prejudice your rights under tt�is insurance. 2. 7his provisian S. do�s not affect our right iv collect additional premiurn or to exercise ou� righi af cancellation or nonrertewai in accor- dance with applicable insurance laws or regu- laifons. i. WAIVER O� TRANBFER OF RIGH'i'S O� R�COVERY AGAiNST t�THER8 TO US WHEN REQUIR�D BY CONiRACT OR A(3R��MEN7 ihe fallowing is added fo Paragraph 8. Transfer of Rights of Recovery Against 4thers ta !Js of COMMERCfAL �ENERAL LIABlLITY COMDI- T{ONS (Seciiort IV}: We wai�e any rights af recovery we may have against any person ar organization because af payments we make for "bndily injury", "property damage", "parsonaf injury" or °advertising injury" srising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owne�, or leased or rented ta you; CUMNiERCIAL GEN�RAL LlAB1L1TY 4, "Your praducfs". We waive these righfs only where you have agreed tn do so as part of a contract or agree- ment entered into by you before, and in effec� when, the "bodily injury" ar "property damage" occurs, ar the "persanal inj�ry" affense or "adver- tising injury" offense is committed. U. AMENpED B{JDlI.Y iN.lURY DEFIAlIT10M ihe deffnition of "badily injury" in DEFINITI�NS (8ection 1� is deleted and �eplac.�d by the foliow ing: "Borlily injury" meatts: a. �'hysical harm, tnciuding sickness or disease, susiained by a person; b. Memal anguish, injtiry or iAness, or ernotionai distress, resulting at any time from such physicat harm, sicics�ess or disease; or c. Care, loss of setvices ar death resutting at any time from such physicaf harm, sickness ar disease. V. AMENDED INSURED CONTRACT DEFINITION — RAI�ROAD EAS�MEN7 1. Subparagraph c. of the definiiion of �nsured contract° in DEFtNfilON8 (5ectian V) is de- � leted artd replaced by the followtng: . c. Any easement or ticense agreemerrt; 2. 5ubparagraph f.(1� of the definiiion of "#n- sured cantract" in DEFtNITlONS (Section V) is deleteci. W. AMENDED PROP�RTY DAMAt3E D��{NfiION — TANGtBLE PRO!'ERTY The de�nition af "property damage" in DE�IPiI- TTONS (5ection V} is deieteci and repiaced by the foliowfng: "Property damage" means: a. Pfiysical injury to tangible property, inctuding a!1 resuliing Eoss of use of that property. A!i such loss of use sbatl be deerned to occur at the time af the physical injury that caused it; or b. Lass nf use of tangible property tha# is aoi physicalty injured. All such loss of use shali be deemed io occur si the time of the "occur- cence" that caused it. 2. �ngoing operations pertormed by you, or on �or #he purposes a� this insurance, tangibt� prap- your behaif, und�r a contract ar agreemeni with that pe�son or organization; erty d�es not include data. .. 3. '"Your work' ; or `� CG D3 79 09 07 � 2047 The Travelers Companies, tnc. f7ag� 7 of S COMMERCIAL G�N�RAL LIABIE,IIY X. Tha foilowing defint�ion is added io S�CTfON V— DEFIN1T10tdS: � "Contraci ar agreement requiring insurance" means tha# pa�t of any coniract or agreament under which you are fequired to include a pecson or arganization as an additlonal insured an #his Coverage Part, provided that fhe "bodily injury„ . -�— m� � �� � � � 4� � a� r� r� � ��� � m-�--�,.... �"�L '�' ....w.� ,� 'L'�..�.: � o�rii�i � G� ��» �"�'L� ��� ■� and "properiy damage" occurs, and tha "personai injury" is caused by an of�ense commitied: a. After you have entereci into that coMraci or agreemet�f; b, While that part of the contract or agreeme�t is in eftect; and c. Before the end af the poticy periad. Page 8 of 8 � 2ao7 The Tr�velers companies, inc. CG D3 79 09 07 ooaezs �808264P255-12 066788 COMMERICAL GENERAL LIABILII`Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITf4NAL fNSURED {ARCHITECTS, ENGINEERS AND SURVEYORS} This endocsement modfies insurance provided under the foliowing: COMMERCtA� GENERAL LIABILITY COV�RAGE PAR7 A. The foilowing is added to WHO IS AM IidSURED jSecteon ff): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clvde. as an additionai insured on this Coverage Part, but only writh respeet to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whaie or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In cannection with premises owned by or rented to you; or c. !n connection with "your work" and inciuded within the "products-compteted aperations hazard". Such person or organization does not qualify as an additianal insured for "bodi[y injury", "property damage" or "personal injury" far which that per- son or organization has assumed liability in a con- tract or agreement. ihe insurance provided to such additiortai insured is Ifmited as follows: d. 7his insurance does not appty on any basis fo any person or organization for which cover- age as an addi#ianal insured speci�caAy is added by another endorsement to this Cover- age Pari. e. This insurance daes not apply to the render- i�tg of or failure to render any "professional services". f. The limits of insurance afforded to fhe addi- tional insured shai4 be the limits which you agreed in fhat "contract or agreernent requir- ing insurance" to provide for that additional insured, or the limiis showm in the Declara- tions far fhis Coverage Part, whichever are less. This endorsement does not increase the iimits of insurance stated in the LIMITS OF iNSIiRANCE (Section !II) for this Coverage Part. B. The foliowing is added to Paragraph a. of 4. Otiier tnsurance in COMMERC[AL GENERAL LIASlE.ITY CONOITION3 (Section IV): However, if you specificaily agree in a"contract or agreement requiring insurance" fhat the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, ar a primary and non-contributory basis, this irisurance is primary to o#her insurance #hat is availabie to such additional insured which covers such addi- fional insured as a named insured, and we wil) not share with the other insurance, provided that: (7 ) The "bodiiy in�ry" or "property damage" for which coverage is sought occurs; and {2) The "personal ir�jury" for which coverage is sought arises out of an offense committed; after yau have entered into that "contraci or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, exeess, corriingent or on any ather basis, that is avaitabie to the insured when the insured is an additionai insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMAAERCIAL GENERAL UABILITY CON- DI710NS (Section N): We waive any rights of tecovery we may have against any person or o�anization because of payments we make for "bodily injury", "property damage" or "personal in�ry" arising out of "your wark" performed by you, or on your behal#, under a"contract ar agreemerrt requiring insurance" with ihat person or organiaatian. We waive these rights only where you have agreed to do so as part af the "contract or agreement requiring insur- ance" with such person or arganization errtered into by you before, and in effect when, the "bodily CG D3 $1 09 Q7 � 2007 The Travelers Compar�es, inc. Page 1 of 2 Includes the copyrighted materEai of tnsurance 5ervices Oif�ce, lnc., with its permission. GOMMERICAL. GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" oifense is committed. D. The following definition is added to DEFIIVITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organizatian as an additianat insured on this Cov- erage Part, provided that the "badily injury" and "proper#y damage" accurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreemenl; b. While thai part of the contract or agreemen#.is in effect; and c. Befare the end of the policy period. PBge 2 of 2 � 2�7 The Travelers Compenies, tnc. CG D3 $1 09 O7 Includes the copyrighted ma4eriaf oi lnsurance 5ervices Oftice, lnc., with its perrnission. Corporations: Registration Detail Page 1 of 2 Contact Us � Connec[: m' � SEARCH �i iax.�� Corporations and Charities Division '•. Corporations Home Nonprofit Home Charities Home Awards Public Notices I Contact Info : Corporation Detail Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System dces so at his or her own risk. All documents filed with the Corporations Division are considered public record. BERGERABAM INC. UBI Number Category Profit/Nonpmfit Active/Inactive State OfIncorporation WA FYling Date Expiration Date Inactive Date Duration Registered �gent Information Agent Name Address 6oiiio595 REG Profit Active WA 09/27/1988 a9/3o/2013 Perpetual ANN B KENNEDY 333oi 9TH AVE S STE 300 City FEDERAL WAY State WA ZIP 980036395 Special Address Information Address City State Zip Governing Persons Title Vice President Vice President Director Director President Name FERNANDES,ROBERT GUARRE,JAMES MAST,ROBERT REPLOGLE , JAMES RUSTEN , ARNFINN Address �82i - 45TH AVE SW SEATTLE , WA 98i36 8620 5iST ST Cf W TACOMA , WA 9846� 35636 5�'H AVE S AUBURN , WA 9800i i56i MAGNOLIA BLVD W SEATTLE , WA 98i99 http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601110595 3/25/2013 Corporations: Registration Detail Vice President Vice President Vice President Treasurer Vice President Vice President Secretary 29915 2ND AVE SW FEDERAL WAY , WA 98003 GRIEBENOW , ROBERT 491� -129TH AVE CT E EDGEWOOD , WA 98372 70o NE MULTNOMAH ST WILCOX , TOM STE 900 PORTLAND , OR 97232 OZOLIN , ELMER $25 BERG CT NW GIG HARBOR , WA 98335 DALLARA , DENNIS �9309 2o4TH PL SE KENT , WA 98042 WHIT'E , JOHN 1606 NW 79TH CIRCLE VANCOUVER , WA 98665 29427 4TH AVE S KUMAR , VISWANATH FEDERAL WAY , WA 98003 i8525 SE LAKE YOUNGS KENNEDY,ANN RD RENTON , WA 98058 Vice President,Chairman LANIER , MICHAEL 805 62ND AVE NE TACOMA , WA 98422 Purchase Documents for this Corporation » « Return to Search List Page 2 of 2 Phone Numbers � Privacy Policy � Accessibility � Mobile Translate our site into: Washington Secretary of State • Corporations Division Select �anguage 8oi Capitol Way South powered Dy Gx�gle Tranalate PO Box 40234, Olympia WA 98504-0234 (360)725-0377 http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601110595 3/25/2013