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AG 13-071RETURN TO: . e351 Cuk EXT: Zi 0 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAP 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 #):13 -071 ❑ INTERLOCAL ® OTHER SUPPLEMENT NO. 3 5. PROJECT NAME: 21STAVE SW AT SW 336TH INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT 6. NAME OF CONTRACTOR: CH2M HILL INC.. ADDRESS: 1100 112TH AVENUE NE, BELLEVUE, WA 98004 TELEPHONE:425- 453 -5000 E -MAIL: FAX: SIGNATURE NAME: TUNG H. LE TITLE: VICE PRESIDENT 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 #101683 BL, ExP. 12/31/2014 UBI # 601482400 , Exp. 7/31/2015 8. TERM: COMMENCEMENT DATE: APRIL 12, 2013 COMPLETION DATE: 11/30/2014 9. TOTAL COMPENSATION:* -73 771 444- (a-t4 CLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOUWLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $17,215.33 (UNCHANGED) IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 306 - 4400 - 170 - 595 -30 -650 10. DOCUMENT/ CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED 5K-PROJECT MANAGER A ., Q %. / %LL 1r DIVISION MANAGER IR DEPUTY DIRECTOR 7 IC 17 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT C q 4 1N 11. COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: gul4' DATEREC'D: D ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS se LAW DEPT W SIGNATORY ) '] CITY CLERK mrASSIGNED AG # V SIGNED COPY RETURNED H RETURN ONE ORIGINAL COMMENTS: EXECUTE" 2 " ORIGINALS INITIAL/ DATE SIGNED (-47 %01%S1144 AG# 1 - 0'7 DATE SENT: 11/9 SUPPLEMENT NO. 3 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVENUE SW AT SW 336TH STREET INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with CH2M Hill, Inc. effective the 12th day of April 2013, identified as Agreement No. 13 -071 as supplemented by Supplement No. 1 on January 17, 2014 and by Supplement No. 2 on May 30, 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: Section II, Scope of Services, shall be amended to include those additional services more particularly described in Exhibit "A -3" attached hereto and incorporated by this reference (Additional Services). Section IV, Time for Beginning and Completion, shall be amended to extend the completion date to November 30, 2014. Section V, Payment, the maximum amount payable under this Supplement No. 3 inclusive of all fees and other costs is Seventy -Three Thousand Seven Hundred Seventy -One and 39/100 Dollars ($73,771.39) for a total amount payable to the Contractor pursuant to the Agreement, Supplement No. 1, Supplement No. 2 and Supplement No. 3 inclusive of all fees and other cost to be an amount not to exceed Four Hundred Forty -Four Thousand Two Hundred Ninety -Nine and 67/100 Dollars ($444,299.67). The attached Exhibit "E -3 ", which describes the payment for work to be performed under this Supplement No. 3, is hereby made a part of the Supplemental Agreement. 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 11,E day of ()c tpbe r , 2014. CH2M Hill, Inc. By: Tung Le FV Its: Vice President 1100112 th Avenue NE, Suite 500 Bellevue, WA 98004 (425) 453 -5000 APPROVED AS TO FORM: -- Gj,� Amy Jo Pearsall, kbwkya City Attorney CITY OF FEDERAL WAY By: jFerr I Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 C: \Users \jpippin1\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \UKGB2YJx\13 -071 Supplement 3- 21 st at 336th CM.docx EXHIBIT A -2 SCOPE OF WORK City of Federal Way 21St Avenue SW at SW 336t1 Street Intersection Improvement Project Construction Management Supplement #3 August 2014 The City of Federal Way has requested that CH2M Hill, Inc. provide additional Construction Management Services due to time extension on the construction completion. The following is a summary of the tasks that we anticipate being affected by the time extension for the construction contract. I. INTRODUCTION CH2M Hill, Inc., the CA Contractor, will perform the following scope of construction services on the 21" Avenue SW at SW 33661 Street Intersection Improvements Project. Assumptions The accompanying budget for the additional construction management services is based on the services of one full -time Inspector beyond the original 162 working days to up to a 182 working -day construction contract plus support from the CA Contractors Bellevue office. Any additional increase or decrease in the number of working days affects the time an inspector will be on -site. Supplemental assistance may be needed depending upon contractor's activities (multiple crews, multiple shifts, overtime, night/weekend work). It is assumed that the construction will be under suspension from February 1, 2014 to April 1, 2014. The same assumptions as under the original agreement scope of work apply to this supplement. II. DETAILED SCOPE OF WORK Task 1 — Pre - Construction Services This Task supplement includes the continuation of document management services as previously scoped and are extended based on the contract extension as defined in the Introduction to this supplement City of Federal Way 21st Ave SW @ SW 336`h Street January 2014 Supplement #3 Scope of Work Task 2 — General CM Support This Task supplement includes the continuation of previously scoped subtasks (2.1 to 2.10) as defined in the CA Contractor original construction support services scope for the contract extension as defined in the Introduction to this supplement. It is assumed that up to four (4) additional project site meetings and two (2) additional progress payments will be needed. Task 3 — Resident Observation This Task supplement includes the continuation of previously scoped subtasks (3.1 to 3.5) as defined in the CA Contractor original construction support services scope for the contract extension as defined in the Introduction to this supplement. It is assumed that one (1) full time inspector will be needed for the extended period. For budgeting purposes it is assumed that normal eight (8) hour shifts will be worked and no second shifts are anticipated. Supplemental assistance may be needed depending upon contractor's activities (multiple crews, multiple shifts, overtime, night /weekend work). If required, supplemental assistance will be provided and considered as extra work. This Task supplement also includes work performed during the period from April 12, 2013 and January 31, 2014 that was beyond the original scope of work. During the course of construction the Contractor operations required the use of more than one full time inspector, shifts greater than 8 hours or double shifts. The contract is supplemented to incorporate 370 additional resident observation hours performed under this April 12, 2013 to January 31, 2014 timeframe. Task '4 — Office Engineering Services This Task supplement includes continuation of previously scoped subtasks (4.1 to 4.4) as defined in the CA Contractor original construction support services' scope for the contract extension as defined in the Introduction to this supplement. It is assumed that no more than 40 hours of office engineer support will be needed for the extended period of the contract. Task 5 — Project Management and Coordination This Task supplement includes continuation of previously scoped subtasks with the exception of Subtask 5.1 that is a completed task as defined in the CA Contractor original construction support services scope for the contract extension as defined in the Introduction to this supplement. It is assumed that two (2) additional invoices will be prepared during the extended contract period. Deliverables The following deliverables will increase in number based on the contract extension- as defined in the Introduction to this supplement. • Daily Reports on a weekly basis or upon request. • Weekly meeting minutes. • Field change orders with backups. • Requests for information with responses. 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DATE REQ. BY:ASAP 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#): 13 -071 ❑ INTERLOCAL ❑ OTHER SUPPLEMENT No. 2 5. PROJECT NAME: 21 STAVE SW AT SW 336TH INTERSECTION IMPROVEMENTS, CONSTRUCTION MANAGEMENT 6. NAME OF CONTRACTOR: CH2M HILL, INC.. ADDRESS: 1100 112TH AVENUE NE, BELLEVUE, WA 98004 TELEPHONE:425- 453 -5000 E -MAIL: FAX: SIGNATURE NAME: TUNG H. LE TITLE: VICE PRESIDENT 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 #101683 BL, ExP. 12/31/2014 UBI # 601482400 Exp. 7/31/2014 8. TERM: COMMENCEMENT DATE: APRIL 12, 2013 COMPLETION DATE: 7/31/2014 9. TOTAL COMPENSATION: $370,528.28 (UNCHANGED) (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: $17,215.33 (UNCHANGED) IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY Cl PURCHASING: PLEASE CHARGE To: 306 - 4400 - 170 - 595 -30 -650 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) )Rr LAW DEPT INITIAL/ DATE REVIEWED V COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING XSENT❑ TO VENDOR/CONTRACTOR DATE SENT: Id M(( ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY &R DIRECTOR) CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED RETURN ONE ORIGINAL INITIAAL./ DATE SIGNED 7— AG# 1 B -0-7I DATE SENT 14 COMMENTS: EXECUTE" 2 " ORIGINALS) C1c�ke t +r1�1 lr ClC1(Q c Li�[� CkHe c� INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: �a 1. 13 ` 14 1/9 SUPPLEMENT NO. 2 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVENUE SW AT SW 336TH STREET INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with CH2M Hill, Inc. effective the 12th day of April 2013, identified as Agreement No. 13 -062 as supplemented by Supplement No. 1 on January 17, 2014. 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 IV, Time for Beginning and Completion, shall be amended to extend the completion date to July 31, 2014. 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 30 day of , 2014. CH2M Hill, Inc. By: Tung Le Its: Vice President 1100112 th Avenue NE, Suite 500 Bellevue, WA 98004 (425) 453 -5000 CITY OF FEDERAL WAY r By: I Fetfell Its: Mayor 333258 1h Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: Amy Jo Pearsall, Interim City Attorney K: \STREETS \PROJECTS\21st Ave SW at SW 336th St \Construction \CM Agreement \Contract \Supplement No. 2 \13 -071 Supplement 2 - 21 st at 336th CM.docx A� " CERTIFICATE OF LIABILITY INSURANCE DATE /2014 YYY`t7 06/06/2014 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 MARSH USA INC. 122517TH STREET, SUITE 1300 CONTACT NAME: FAX PHONE o Ex t): A/C No E -MAIL ADDRESS: DENVER, CO 80202 -5534 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 15114 - 01245 -SG2PL -14/15 027376 BK INSURED C112M HILL, INC. 9191 SOUTH JAMAICA STREET INSURER B: XL Insurance America, Inc. 24554 INSURER C : N/A N/A INSURER D: 05/01/2014 ENGLEWOOD, CO 80112 INSURER E : $ 1,500,000 MED EXP (Any one person) INSURER F : CLAIMS -MADE 1XI OCCUR COVFRAnFR CFRTIFICATF NIIMRFR- SFA- 002404986-13 REVISION NUMBER:3 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 LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM /DDIYYYY MM DD/YYYY LIMITS GENERAL LIABILITY X EACH OCCURRENCE $ 1,500,000 A X COMMERCIAL GENERAL LIABILITY RGE500025503 05/01/2014 05/01/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,500,000 MED EXP (Any one person) $ CLAIMS -MADE 1XI OCCUR PERSONAL & ADV INJURY $ 1,500,000 X $500,000 SIR GENERAL AGGREGATE $ 5,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 5,000,000 $ POLICY PRO LOC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT Ea accident 2,000,000 BODILY INJURY (Per person) $ A X ANY AUTO RAD500025403 (AOS) 05/01/2014 05/01/2015 BODILY INJURY (Per accident) $ A ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS RAD500025603 (MA) 05/01/2014 05/01/2015 PROPERTY DAMAGE Peraccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA RWD500025203 STOP GAP LIABILITY '' 05/01/2014 05/01/2015 WC STATU- OTH- T RY LI E E.L. EACH ACCIDENT $ 1'000'000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below 'ONLY' DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. CERTIFICATE HOLDER CANCFLLATION CITY OF FEDERAL WAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 33325 8TH AVENUE S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FEDERAL WAY, WA 98003 -6325 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sharon A. Hammer C CA ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ENDORSEMENT # 005 This endorsement, effective 12:01 a.m., May 01, 2014 forms a part of Policy No.RAD500025403 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II A. 1. WHO IS AN INSURED is amended to include: Any entity, person, or organization you are required or have agreed in a written contract, permit, access agreement and any other written agreement to provide insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and /or limits required by said contract or agreement. (Authorized Representative) MANUS C 2014 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # 009 This endorsement, effective 12:01 a.m., May 01, 2014 forms a part of Policy No.RAD500025403 issued to CH2M HILL COMPANIES, LTD, by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason, other than nonpayment of premium, or if coverage is materially reduced, advanced written notice will be mailed or emailed to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: Per the most current schedule maintained by Marsh USA, Inc. and furnished to XL Insurance no less than 15 days prior to the 60 days of notice of cancellation, non - renewal or material reduction in coverage 60 days For the purpose of this endorsement, non - renewal shall mean solely non - renewal of the Policy and shall not include Notice of Conditional Renewal. Material reduction in coverage shall mean a decrease in the Policy limits, an increase in the deductible or self- insured retention or the application of a Policy exclusion not contemplated at Policy issuance, All other terms and conditions of the Policy remain unchanged. E(ftct -j (Authorized Representative) MANUS © 2014 X.L. America; Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # 041 This endorsement, effective 12:01 a.m., May 01, 2014, forms a part of Policy No.RGE600026603 by Greenwich Insurance Company issued to CH2M HILL COMPANIES, LTD. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSURED'S PRIMARY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Part apply unless modified by this endorsement. SCHEDULE Name Of Additional Insured Person s' Or Organization Locations of Covered Operations Any entity, person or organization you are required All Locations by an contract, permit, access agreement, executed prior to any loss to provide additional insured status under this Policy. A. Section II — Who is an Insured is amended to include as an additional insured the person(s) or Organization (s) shown in the schedule and any other person(s) or organization(s) you are required to add as an additional insured under the contract, permit or access agreement described in the schedule but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury caused, in whole or in part by: 1. "Bodily Injury ", "property damage" or "personal and advertising injury" caused by the your operations on the additional insured's premises or 2. "Your work" for the additional insured and included in the "products- completed operations hazard "; or 3. Your acts or omissions; or 4. The acts or omissions of those acting on your behalf. As resects 2, 3, and 4 the following also applies in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: MANUS C 2014 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 1. the insurance afforded to such additional insured(s) only applies to the extent permitted by law; and 2. If coverage provided to the additional insured(s) is required by a contract, permit or access agreement, the insurance afforded to such additional insured(s) will not be broader than that which you are required by the contract, permit or access agreement to provide for such additional insured(s) B. Only when required by a contract, permit or access agreement this insurance applies to: 1. (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. 2. "Bodily Injury" or "Property Damage arising out of any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. However: 3. The insurance afforded to such additional insured(s) only applies to the extent permitted by law and 4 If coverage provided to the additional insured(s) is required by a contract, permit or access agreement, the insurance afforded to such additional insured(s) will not be broader than that which you are required by the contract, permit or access agreement to provide for such additional insured(s). C. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless a contract specifically required that this insurance be primary, or you request that it apply on a primary basis. When this insurance applies on a primary basis for the additional insureds described above, it shall apply only to "bodily injury ", "property damage" or "personal and advertising injury" caused by your work for that additional insured by or for you. Other insurance afforded to those additional insureds will apply as excess and not contribute as primary to the insurance afforded by this endorsement. The limits of, insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured All insuring agreements, exclusions and conditions of this policy apply. In no event, shall the coverage or limits of insurance in this coverage form be increased by such contract, permit or access agreement. All other terms and conditions remain the same. Authorized Representative MANUS OT 2014 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # 027 This endorsement, effective 12:01 a.m., May 01, 2014 forms a part of Policy No.RGE500025503 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason or if coverage is materially reduced, or coverage is cancelled for non - payment of premium advanced written notice will be mailed or emailed to the person or entity according to the notification schedule shown below: Number of Days Name of Person or Entity Mailing Address: Advanced Notice of Cancellation: Per the most current schedule maintained by Marsh USA, Inc, and furnished to XL Insurance no less than 15 days prior to the 60 days of notice of cancellation, non - renewal or material reduction in coverage 60 days For the purpose of this endorsement, non - renewal shall mean solely non - renewal of the Policy and shall not include expiration or Notice of Conditional Renewal. Material reduction in coverage shall mean a decrease in the Policy limits, an increase in the deductible or self - insured retention or the application of a Policy exclusion not contemplated at Policy issuance, All other terms and conditions of the Policy remain unchanged. (Authorized Representative) MANUS © 2014 X.L. America, Inc. All Rights Reserved. May not be copied without permission. RETURN TO: �- I C-�c .- EXT: '--L 1 v\ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / � �c'(`'' -.l1 -7 2. ORIGINATING STAFF PERSON: 50L 1�' ` " EXT: ` 7� 3. DATE REQ. BY:� 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) Cl 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 1$ CONTRACT AMENDMENT(AG #): C3-07 1 ❑ INTERLOCAL ❑ OTHER SU n 0 ( .4 A- 5. � PROJECT NAME: 2- ' r t � Ofl�tKev� 6. NAME OF CONTRACTOR: / & '1 rt " -I q :ADDRESS: I L 19 Ol 1 v �vv� /1%� / � � Iw d li li !Hr' �12 ✓ vC �(�/ ��0 Y ys b°i E -MAIL: SIGNATURE NAME: ^ v H a / - I-e— TELEPHONE: `M % 000 FAX: TITLE:AAc r" 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 CFWLICENSE# 00- Jolb6� -00 BL, EXP. 12 /31/13 UBI EX y 6 ` t f P.7 /�? /jam / 8. TERM: COMMENCEMENT DATE: - l 3 COMPLETION DATE: rglfAA# /ib 9. TOTAL COMPENSATION: $ 3-70,,E7-9.11 I- yr� -�� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY /RATES) t REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ i ? Z / S'.; 3 C " Cl, IS SALES TAX OWED: ❑ YES Cl NO IF YES, $ G Q PAID BY: ❑ CONTRAC OR ❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER ❑ DIVISION MANAGER 1 DEPUTY DIRECTOR 6 - DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIA`L /DAATE REVI WE ! wl ly COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING J ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED LAW DEPT L - SIGNATORY (MAYOR OR DIRECTOR) )i CITY CLERK o Ass [GNED AG # AG# Cl SIGNED COPY RETURNED DATE SENT: RETURN ONE ORIGINAL COMMENTS: EXECUTE "2 "ORIGINALS INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: DATEREC'D: 1 1 1 11/1 SUPPLEMENT NO. 1 CITY OF FEDERAL WAY LOCAL AGENCY STANDARD CONSULTANT AGREEMENT FOR 21ST AVENUE SW AT SW 336TH STREET INTERSECTION IMPROVEMENTS CONSTRUCTION MANAGEMENT The local agency of the City of Federal Way desires to supplement the agreement entered into with CI-12M Hill, Inc. effective the 12th day of April 2013, identified as Agreement No. 13 -062. 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 IV, Time for Beginning and Completion, shall be amended to extend the completion date to May 31, 2014. Signed this 0"" day of Jcanoo.�r� —,2014- CH2M Hill Inc. By: Tung Le Its: Vice President 1100112 th Avenue NE, Suite 500 Bellevue, WA 98004 (425) 453 -5000 CITY OF FEDERAL WAY By: Jim Ferm- k Its: Mayor 33325 8th Ave S Federal Way, WA 98003 (253) 835 -2401 APPROVED AS TO FORM: Patricia A. is rdson, City Attorney KASTREETSTROJECTS\21st Ave SW at SW 336th St \Construction \CM Agreement \Contract \11 -137 Supplement 1- 21st at 336th CM.docx RETURN TO: ���,��� EXT:Z CITY i�F FED �ZAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATIIYG DEPT/DIV: PUBLIC WORKS / S�l /�C,G� Z. �RIGINATIIYG �TAFF PERSOIV: �+d�n 1 I 1 V�1� (� Ex-r: 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESS[ONAL SERVICE AGREENfENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ ❑ CONTRACT AMENDMENT (AG#): ❑ pCOr�x L...�G-Q A�¢nn T 4��QYc��- PROJECT NAME OE ADDRESS E-MAIL: SIGNATURE SMALL OR LIMITED FUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION Na,ME:Tc..ne N_ I� _ TITLE:�,�_ J��1 "' � 4c.`%�,�r ��r �• wr . i 7. EXHIBITS AND ATTACI�IMEIYTS�SCOPE, WORK OR SERVICES COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE `�ALL OTHER REFERENCED EXHIBITS �PROOF OF AUTHC�R?TY TO SIGN ❑ REQUIRED LICEN^S,E'S�, � PRIOR CONTRACT/AMENDMENTS CFW LICENSE # Q�"'�b� 1Q�J-��i BL, EXP. 12/31/�3 [JBI ##�� G�T�� � EX�• ��gt ��—�'`3 B. TERM: COMMENCEMENT DATE: _ _t� COMPLETtON DATE; I I'3:_ I �� 9. TOTAL COMPENSATIOIY: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LAB CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: �.YES ❑ NO IF YES, MAXIMUM DOLLAR AMOtJNT: � ��. Z� .'3'.�, IS SALES T'AX OWED: ❑ YES ❑ NO [F YES, $ PAID BY: ❑ CONTRACTOR ❑ CtT� ❑ PURCHASING: PLEASE CHARGETO: �Ol� `'7TQd-� 7d �S�J� �iJ- �'�/ 10. DOCUMEIYT / CONTRACT REV[EW � PROJECT MANAGER R �EPUTY DIRECTOR �IRECTOR Rtev AiTnt�r�n�*�+�-�-� !rr_ en = 1 � 7 �LAW DEPT INITIAL / DATE VIE D S �'� � �i � � � Z � � � �--� ll. COUNCIL APPROVAL (IF APPLICABLE) COMMC"CI'EE APPROVAL DATE: 12. CONTRACT SIG(�fATURE ROUTIPiG � � � � � SENT►'O VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: S[GNATURE AUTHORITY, INSURAi�(CE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPT �) SIGNATORY AYOR R�A�)/���IaDj� � CITY CLERK . �pi3 �ASSIGNED AG # � SIGNED COPY RETLtRNED �I RETURN ONE ORIGINAL COMMENTS: INITIAL / DATE SIGNED L � A�# l3-0 DATE SBNT: ' I Z � IMTIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: � REC�Iv�� APR 10 ZUt3 PARKS & Pu�uC wppKS DEPARTAAEN1r �H2MHILL Apri19, 2013 john Mulkey �'li'�t: �i'! �n�.-%�-y' City of Federal Way 33325 8th Avenue So Federal Way, WA 98003 253-835-700Q Subject: 21St Avenue SW at SW 336� Street Intersection Improvements Dear john: CH2M HILL 1100112� Avenue NE, Suite 500 Bellevue, WA 98004 Te1425.453.5000 Fax 425.468.3100 Please find enclosed two (2) original of subject agreement signed on behalf of CHZM HILL, Inc. Your insurance requirement will follow in separate letter. Thank you for this opportunity to continue providing services to the City of Federal Way. If you have any questions or concerns, please contact me at 425-233-3140. Sincerely, CH2M HILL, Inc. Jean Pippin Sr. Project Assistant COPYRIGFff 2073 BY CH2M HILL, INC. • COA�ANY CONFIDENTIAL Local Agency Consuitant/Address/Telephone CH2M HILL, Inc. Standard Consultant I 100 112th AveNE, su�te soo Agreement Bellevue, WA 98004 � Architectural/Engineering Agreement 425-453-5000 ❑ Personal Services Agreement A reement Number Project Title And Work Description Federal Aid Number 21 st Avenue SW at SW 336th Street Intersection Improvements Agreement Type (Choose one) Provide Construction Management for the ❑ Lump Sum improvementat 21st Avenue SW and SW 336th Lump Sum Amount $ Street. � Cost Plus Fixed Fee Overhead Progress Payment Rate % --- - ------ Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes � No % Federal ID fVumber or Social Security Number ❑ Actual Cost Not To Exceed % � Fixed Overhead Rate 114.16 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 43,329.60 ❑ Yes � No January 31, 2014 ❑ Specific Rates Of Pay Total AmountAuthorized $ 370,528.28 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 370,528.28 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-1 Payment - Lump Sum � Exhibit D-2 Payment - Cost Plus ❑ Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional � Exhibit E-1 Fee - Lump/Fixed/tlnit ❑ 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 � E�chibit J Alleged Consultant Design Error Procedures � Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase � Exhibit M-la Consultant Certification � Exhibit M-Ib Agency Official Certification � Exhibit M-2 Certification - Primary � Exhibit M-3 Lobbying Certifcation ❑ Exhibit M-4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this �?i�~ day of �!r'�� 1 ,'�(�, between the Local Agency of City of Federal Way , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signifed 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 E�ibit "A" attached hereto and by this reference made a part of this AGREEMENT. 111 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. T'he 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. T'he 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." T'he 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 detait so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan".1fie mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY 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. T'he established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay amibutable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the Staie Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting T'he 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 shali be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.01 l. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certifed sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach ar 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 ar 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, sha11 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 Deparhnent 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 VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.} Civil Rights Restaration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 ln relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of wark ariginally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the for►nula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for faiiure of the CONSULTANT to perform wark required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily compieted work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. X! Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either pariy 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. T'he CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and sha11 process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. 7'he CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 4223, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT sha11 assume no responsibility for: proper construction techniques, job site safety, or any construction contraetor's failure to perform its work in accordance with the contract documents. 7fie 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. � lnsurance 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 property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. 'The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) m�imum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before finai payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Deparhnent of Transportation shall have the right to participate in the review or examination of the work in progress. XVIt Certification of the Consultant and the Agency Attached hereto as Exhibit "M-i (a and b)" are the Certifications of the CONSULTANT and the AGENCY, E�chibit "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. XVNI 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 modifcations 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: H2M HIL c. By Tung H. Le Vice President 1100 112`� Ave NE, Suite �JO �'� Bellevue, WA 98004-4504 AGENCY: CITY OF FEDERAL WAY By kip Priest Mayor 33325 8`� Avenue S Federal Way, WA 98003-6325 APPROVED AS TO FORM: ��1 Z:.•�/ l Patricia A. Richardson, City Attorney DOT Form 140-089 EF Revised 3/a0o8 Page 8 of 8 Exhibit A-1 Scope of Work For Construction Management Services and Services During Construction (SDC) City of Federal Way 21st Ave SW @ SW 336th St CM Services GENERAL CH2M HILL, INC. will p�ovide CM Services and Services during Construction (SDC) as defined below. These services are intended to assist the City of Federal Way ("Owner") to administer the contract for construction, monitor the performance of the construction Contractor ("Contractor"), verify that the Contracto►'s work is in substantial compliance with the corrtract documents, and assist the Owner in responding to events that occur during construction. These services are based upon the understanding that the Owner will contract directly with the Contractor and wip be actively involved in the construction process to make decisions, provide approvais, and perform other actions necessary for the completion of the construction. These services are also based upon the Owner executing a contract for construction with the Contractor that is consistent with the CH2M HILL, INC.'s Agreement and with these services, and which provides the requisite authority for CH2M HILL, INC. to fulfill its responsibilities. CH2M H{LL, INC.'s services are based upon the schedule or duration of construction anticipated at the time of execution of this Agreement. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these services and CH2M HILL, INC.'s compensation for the services, and will require an adjustment to CH2M HILL, INC.'s compensation and period of performance. CH2M HILL, INC. is not responsible for damages or delay in performance caused by aets of God, strikes, lockouts, accidents, or other events beyond the corrtrol of CH2M HILL, INC. In any such event, CH2M HILL, INC.'s contract price and schedule shall be equitably adjusted. CH2M HILL, INC. will not perform services beyond the agreed to contract amount without written authorization from the Owner. The level of effort to perform the work described is based on a standard five day work week and standard eight-hour workday. The following is the anticipated schedule and duration for the project: 2/23/2013--Ad Date. 3/21 /2013 — Bid Openir� 3/1 /2013 — Contract Award 4/16/2013--Council Approval 5/1 /2013 — Notice to Proceed Construction duration is one-hundred-sixty-two (162) days with an arrticipated physical completion date of December 23, 2013. Construction management services will extend through January 31, 2014. 1. Pre-CONSTRUCTION SERVICES 1.1. Prepare CM Workplan: CH2M HILL, INC. will develop a Construction Management workplan that describes and documents an organized and disciplined approach to the execution af 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. CITY OF FEDERAL WAY - 218T AVE SW (a� SW 336TM ST CM SERVICES 1 SCOPE OF SERVICES 1.2. Establish Document Management System: CH2M HILL, INC. will establish a system and set of procedures for managing, tracking and storing documents between the Contractor, CH2M HILL, INC. and Owner produced during the Construction and Closeout phases of the project. CH2M HILL, INC. will util¢e a computer based document (Microsoft Sharepoint) management system sefected by CH2M HILL, INC. CH2M HILL, INC. will, in coordination with the Owner, maintain hard copy records of said documentation. CH2M HILL, INC. will also implement procedures for the logging and tracking of correspondence and documents. CH2M HILL, INC. will assist the Owner in monitoring outstanding decisions, approvals or responses required from the Owner. 1.3. Condud Pre-Construction Conference: CH2M HILL, INC. 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. CH2M HILL, INC. will take minutes or otherwise record the results of this conference. 2. GENERAL CM SUPPORT: CH2M HILL, INC. 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. 2.1. Condud Project Site Meetings: CH2M HILL, INC. will conduct weekly meetings with the Contractor and will prepare the rr�nutes of these meetings. 2.2. Progress Payments: CH2M HILL, INC. will receive and review the Contrador's requests for payment. CH2M HILL, INC. will determine whether the amount requested reflects the progress of the Contractor's work and is in general accordance with the contract for construction. CH2M HILL, INC. shall provide recommendations to the Owner as to the acceptability of the requests. CH2M HILL, INC. 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. Recommendations by CH2M HILL, INC. to the Owner for payment will be based upon CH2M HILL, INC.'s knowledge, information and belief from its observations of the work on site and selected sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by CH2M HILL, INC. to ascertain that the Contractor has completed the worlc in exact accordance with the corrtract for construction; that CH2M HILL, INC. has made an examination to ascertain how or for what purpose the Contractor has used the moneys paid; that title to any of the work, materials or equipment has passed to the Owner free and clear of liens, claims, security interests, or encumbrances or that there are not other matters at issue befinreen Owner and the construction contractors that affect the amount that should be paid. 2.3. Field Instructions and Orders: CH2M HILL, INC. will issue field instructions, orders or similar documents during construction as provided in the contract for construction. 2.4. Correspondence and Communications: CH2M HILL, INC. will implement and maintain regular communications with the Contractor during construction. CH2M HILL, INC. will receive and log communications from the Contractor and will coordinate the communications between the Owner and Contractor. CH2M HILL, INC. will not communicate directly with the Contractor's subcontractors. CH2M HILL, INC. will prepare written communications to the Contractor and provide recommendations to the Owner for written communications between the Owner and Contractor. CITY OF FEDERAL WAY - 21�T AVE SW @ SW 336TM ST CM SERVICES 2 SCOPE OF SERVICES 2.5. Review of Contractor's Requested Changes: CH2M HILL, INC. shall review Contractor requested changes to the contract for construction. CH2M HILL, INC. will make recommendations to the Owner regarding the acceptability of the Contractor's request and, upon approval aF the Owner, assist the Owner in negotiations of the requested change. Upon agreement and approval, CH2M HILL, INC. will prepare final change order documents. CH2M Hill 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 CH2M HILL, INC. to additional oompensation via an amendment of this Agreement. 2.6. Coordinate Issuance of Changes: CH2M HILL, INC. 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. CH2M HILL, INC. 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. 2.7. Claims and Disputes: CH2M HILL, INC. will receive, log, and notify the Owner about letters and notices from the Contractor concerning claims or disputes befinreen the Contractor and Owner pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. CH2M HILL, INC. 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. CH2M HILL, INC. will advise the Owner regarding the Contractor's complianoe with the contract requirements related to the claims or disputes. CH2M HILL, INC. will assist the Owner in discussions with the Contractor to resolve claims or disputes. CH2M HILL, INC. will not issue decisions on Contractor claims or disputes. CH2M HILL, INC. will not, except as part of Additional Senrices, undertake comprehensive and investigation or analysis of Contractor's claims or disputes, nor participate in judiaal or alternative dispute resolution procedures for the claims or disputes. 2.8. Contractor's Schedule Submittal: CH2M HILL, INC. will revie�v the Contractor's construction schedule to confirm it is consistent with the requirements of the cor�tract for construction, including review for inclusion of shop drawings and other sign�cant submittals. CH2M HILL, INC. will advise the Contractor of any areas where the schedule is not in compliance with the contract for construction. CH2M HILL, INC. will provide comments to the Owner to assist the Owner in approving, accepting or taking other action on the contractor's schedule, in accordar►ce with the contract for construction. CH2M HILL, INC.'s review and comments shall not be considered as a guarantee or confirmation that the Contractor will complete the work in accordance with the contract for construction. 2.9. Contractor's Schedule Updates: CH2M HILL, INC. will review the Contractor's periodic schedule updates or other schedule submissions. CH2M HILL, INC. will advise the Contractor if the updates or other submissions are not in accordance with the contract for construction. CH2M HILL, INC. will provide comments to the Owner regarding the updates or other submissions. CH2M HILL, INC. 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. 2.10. Final Inspection / Closeout: CH2M HILL, INC. will assist the Owner in issuing documerrts for substantial complefion and acceptance of the work. CH2M HILL, INC. will advise the Owner on payment, and partial release of retention. CH2M HILL, INC. will assist the Owner in issuing documents for final completion and acceptance of the work. CH2M HILL, INC. will advise the Owner on final payment, release of retention, and release of insurance and bonds. CH2M HILL, INC. will provide to the Owner a set of project documents and records. CITY Of FEDERAL WAY - 21� AVE SW (t� SW 336TM ST CM SERVICES 3 SCOPE OF SERVICES CH2M HILL, INC. is not responsible for any unauthorized reuse or alteration of project documents. 3. RESIDENT OBSERVATION 3.1. Resident Observation: CH2M HILL, INC. will conduct daily on-site obsenrations of the Contractor's work for the purposes of determining iF the woric 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 Coritractor. CH2M HILL, INC. will supervise a team of field inspection staff, who wiN prepare written reports, diaries, digital pho�os or other records of their daily observations. CH2M HILL, INC.'s inspection staff will arrange for monthty photographs of the worlc in progress by the Contractor, which will be made available to the Owner. CH2M HILL, INC.'s observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. CH2M HILL, INC. does not guarantee the performance of the Contractor. CH2M HILL, INC.'s observations shall not relieve the Contractor from responsibility for performing the work in accordanoe with the cor�tract for construction, and CH2M HILL, INC. shall not assume liabil�y in any respect for the construction of the project. CH2M HILL, INC. shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's complianoe with its plan. 3.2. Performance and Witness Testing: CH2M HILL, INC. will attend and witness field performance tests as specified in the contract for construction. Regulatory and Third Party Testing and Inspections: CH2M HILL, tNC. will monitor the Contractor's coordination of inspection and testing by regulatory and third party agencies that have j�isdiction over the projed. 3.3. Material Testing and Special Inspection: CH2M HILL, INC. 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 indude compaction testing, sieve analysis, proof testing subgrade for roadway and walls, HMA acceptance testing and concrete acceptance testing. CH2M HILL, INC. will review the reports and other iriformation prepared by the independent firm. CH2M HILL, INC. will coordinate the testing firm schedules and the transmittal of their reports, findings or other information to the Contractor and/or the Owner. 3.4. Technical Field Inspection — Walls: CH2M HILL, INC. witl provide technical field inspection of the contractor's work specifically related to the retaining walls for this project. 3.5. Substantial and Final Completion: CH2M HILL, INC. will assist the Owner with inspections at substantial and final completion, in accordance with the contract for construction. CH2M HILL, INC. will prepare up to two (2) separate punch lists of items requiring completion or correction by Contractor. CH2M HILL, INC. shall make recommendations to the Owner regarding acceptance of the work based upon the results of the final inspection. 4. OFFICE ENGINEERING SERVICES 4.1. Engineeririg Design Support: CH2M HILL, INC. will provide written responses to the Contractor's request for interpretation or clar�cation of the contract documents. CH2M HILL, INC. will 000rdinate 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 qualiry of the 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. CITY OF FEDERAL WAY - 21gT AVE SW � SW 336TM ST CM SERVICES 4 SCOPE OF SERVICES CH2M HILL, INC. will assist the Owner witi� the issuance of changes to the contract for construction. Design and engineering services to prepare drawings, specifications and other irrformation for the change shall be considered as Additional Services, and shall • entitle CH2M HILL, INC. to additional oompensation for the design services. 4.2. Submittals: CH2M HILL, INC. will obtain fran the Contractor a proposed shop drawing and submittal schedule, which shall ident�Tjr the shop drawings, samples and submittals required by the contract for construction, along with the anticipated dates for submission. CH2M HILL, INC. will coordinate with the design team for the reviews of the Contractor's shop drawings, samples, and other submittals. CH2M HILL, INC. will log and track all shop drawings, samples and submittals. CH2M HILL, INC.'s review of all shop drawings, samples and submittals shatl be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for constru�tion, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. CH2M HILL, INC.'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, CH2M HILL, INC. shall be entitled to additional compensation. For budgeting purposes it is assumed that up to one-hundred (100) submittals will be reviewed. 4.3. Requests for Information: CH2M HILL, INC. will review the Contractor's requests for information or clarification of the contract for construction. CH2M HILL, INC. will coordinate such review with the design team and with the Owner. CH2M HILL, INC. will coordinafie and issue responses to the requests. CH2M HILL, INC. 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. CH2M HILL, INC. will assist the Owner in reviewing and respondir�g to the Contractor's requests for substitution of materials and equipment. CH2M HILL, INC. will review such requests and will adase the Owner as to the acceptability of such substitutions. 4.4. Record Drawings: CH2M HILL, INC. will revise the original design drawings to reflect available record information provided by the Contractor. One full size reproducible set (mylars) and one hatf-size hard copy will be submitted to the Owner. CH2M HILL, INC., Inc. is not responsible for the accuracy or completeness of as-built drawing or survey information provided by the Contractor. 5. PROJECT MANAGEMENT & COORDINATION 5.1. Workplan: CH2M HILL, INC. will develop a general workplan that defines CH2M HILL, INC.'s delivery approach, staffing, responsibilities, and project deliverables. 5.2. Invoicing: CH2M HILL, INC. will prepare and submit timely monthly invoices to the Owner for payment. Each invoice will identify the current financial status of the project budget. 5.3. Communication & Meetings w/Owner: CH2M HILL, INC. will keep the Owner ad�sed of the progress of the construction. This includes submitting monthly progress reports to the Owner and holding periodic meetings and consultations with the Owner. The Project Manager will not attend weekly construction meetings. 6. ADDITIONAL SERVICES (Costs to be determined as requested bv the Owner) CITY OF FEDERAL WAY - 21g AVE SW (a� SW 336TM ST CM SERVICES 5 SCOPE OF SERVICES 6.1. The following services will be provided by CH2M HILL, INC. upon written authonzation of the Owner and agreement on compensation to CH2M HILL, INC. An amendment to the contract will serv�e as written authorization. 6.2. Services related to development of the Owner's project financing and/or budget. 6.3. Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. 6.4. Services related to provision of Owner furnished equipment, materials, and supplies. 6.5. Services related procurement or management of third party contractors other than testir�g, inspection and survey firms. 6.6. Performance of specialty testing and surveying services not identified in se�tions 3.1.8 and 3.1.9. CH2M HILL will not perform construction staking as part of surveying services. 6.7. Services necessary due to the default of the Contractor. 6.8. Services related to damages caused by fire, flood, earthquake or other acts of God. 6.9. Services related to the Owner's operafion and use of the completed project other than as spec�cally provided in the above scope of work. 6.10. Services related to warranty claims, enforcement and inspection. 6.11. Services for the investigation and analysis of contractor claims; preparation of reports on contractor claims; provision of professional daims analysis services; partiapation in litigation or alternative dispute resolution of claims. 6.12. Preparation for and serving as a witness in connection with any public or private hearing or other forum related to the project. 6.13. Services supporting the Owner in public relations activities. 6.14. Value engineering or similar value analysis studies. 6.15. Services for review andlor preparation of Owner or Contractor proposed changes to the projed. 6.16. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the Owner. 6.17. CH2M HILL, INC. shall perform miscellaneous and supplemental senrices related to the project as requested by the Owner 6.18. Engineering and technical services that are required to investigate the subsurface or physical conditions in addition to those services identified in sedions 3.1.8 and 3.1.9 shall be considered an Additional Service. 6.19. Any other services designated in this scope of services as additional seroices. Assumptions Services During Bid And Award Of The Contract For Construction: These services are not included within this scope of work. Minor Variations in the Work: CH2M HILL, INC. 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. CH2M HILL, INC.'s Personnel at Construction Site : The presence or duties of CH2M HILL, INC.'s personnel at a construction site, whether as onsite representatives or otherwise, do not make CH2M HILL, INC. or CH2M HILL, INC.'s personnel in any way responsible for those duties that belong to Owner and/or the contractors or other entities, and do not relieve the contractors or any CITY OF FEDERAL WAY - 218T AVE SW (o� SW 336TM ST CM SERVICES 6 SCOPE OF SERVICES other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. As the Construction Manager on this project, CH2M HILL's project authority shall be prescxibed in section 1-05.2 of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction, 2012. CH2M HILL 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 CH2M HILL, INC. observes. The presence of CH2M HILL, INC.'s personnel at a construction site is for the purpose of providing to Owner a greater degree of confidence that the completed constru�tion work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the contractor(s). CH2M HILL, INC. neither guararrtees the performance of the contractor(s) nor assumes responsibility for contractor's failure to perform woric in accordance with the construction documents. Insurance: Owner shall require corrtractor(s) to name Owner and CH2M HILL, INC. as additional insureds on the contractor's general liability insurance policy. Field O�ce: No field office will be provided. The Owner will provide a work station at City Hall that will include landline phone senrice, desktop computer and monitorand printer. Subsurface and Physical Conditions: Whenever the Contractor notifies CH2M HILL, INC. or Owner of subsurface or physical conditions at the site which the contract for construction provides should be so notified, CH2M HILL, INC. will advise the Owner and inspect the conditions at the site. CH2M HILL, INC. will advise the Owner as to the appropriate action(s), and will assist the Owner in responding to the Contractor. Deficient and Non-cor�forming Work: Should CH2M HILL, INC. 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, CH2M HILL, INC. will bring this to the attention of the Contractor and the Owner. CH2M HILL, INC. will thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. Budget: The attached budget is premised on a standard eight (8) hour workday. Overtime and second shifts are not included and shall be considered as extra work. The attached budget estimate constitutes the total maximum budget. No work will occur on any individual task item beyond the budget shown unless authorized by the owner in writing. All allowable expenses will be billed at actual rates. Period of PerFormance The senrices under this scope of services will commence upon the receipt of a Notice to Proceed, which will be issued on appro�amately April 1, 2013. The period of performance will extend from the Notice to Proceed date through January 31, 2014. CH2M HILL, INC.'s ability to meetthis schedule is contingent upon the Contractor's activities. Services performed after January 31, 2014 will be considered Additional Services (which may be subject to additional canpensation for increases to CH2M HILL, INC.'s labor costs, etc.) and wiN require written authorization from the Owner. CITY OF FEDERAL WAY - 21gT AVE SW � SW 336T" ST CM SERVICES 7 SCOPE OF SERVICES 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 Microso8 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 work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: Ifthis method is indicated in the heading ofthe 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 6/OS Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. Direct Non-Salary Costs: Direct Non-Sa(ary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. AII above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. T'his 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 wili 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 wiil be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included far the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maacimum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT 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. , ...,. .., , . ' 4�:,: ', �7thib� ��1 ' �. C�n�t�t�nt F�e ��i�r�riin��kt�i� � ,. .. ..1'�r����t: �1st ��� �iN � �W ���th �# �� �e��. ... ' . ' Classification Rate Man Hours Cost Project Manager $ 78.00 88 $ 6,864.00 Project Accountant $ 35.00 44 $ 1,540.00 Construction Manager $ 63.00 344 $ 21,672.00 Resident Inspector $ 46.00 1456 $ 66,976.00 Field Office Administrator $ 35.00 383 $ 13,405.00 Senior Engineer $ 55.00 180 $ 9,900.00 Staff Engineer $ 51.00 160 $ 8,160.00 CAD Technician $ 42.00 164 $ 6,888.00 Total DSC = $ 135,405.00 Overhead @ 114.16% $ 154,578.35 Fixed Fee @ 32.00% $ 43,329.60 Reimbursables Rate/mi Quantity Cost Vehicle Rental $ 0.51 26928 $ 13,733.28 (68mi/d/veh) Miscellaneous Supplies $ 982.05 Mylars $ 2,500.00 Reimbursables $ 17,215.33 Subconsultants Unit Cost Quantity Cost Krazan & Associates $ 20,000.00 1$ 20,000.00 Subconsuhants $ 20,000.00 Grand Total $ 370,528.28 21st Ave SW @ SW 336th St CM Services 1 of 2 3/27/2013 D F � F 3 3 � Exhibit F CH2M HILL,, INC. (A Wholly-Owned 3ubsidiary of CH2M HILL Companies, Ltd.) Schedule of Federal Acquisition Regulation Compliant indirect Cost Rate CH2M HILL Home Oftice Indirect Rate Year ended Decemb�r 31, 2011 Payroli taxes and fringe bencfits: Payrolitaxes Vacation, holiday, and sick pay Groupinsurance and miscellaneous Pension plan General and adminislrative expcnses: IndiFect salaries Incentive and tetirement pay Buildings and equipment Taxes, liCenses, and insurance Professionalservices Trave� and subsiste�ce Office supplies Professional education Recruiting costs Frinting and compulers Home office and intermediate a)locations Totaliodirect expenses Direct tabor wsts (base) ]ndirect cost rate Faciiicies capital cosc of money rete (note 9) Comments: 5. 6. 7. 8. �. 10. 11. 12. 13. 14. I5. 16. 17. L8. 19. General Total ledger Adjustments cisimcd Comments _ S 37,102,214 664,274 37,766,488 54, L t 5,074 13,868 54,128,942 49,642,734 (1,876,919) 47,765,820 I0,711,883 (39,580) T0,6�2,003 151,571,910 (1,238,65� 150,333,253 157,091,223 38,122,406 98,716,396 56,667,629 (25,133,673) I 3.596,950 17,633,051 3,737,788 2,6b0,636 955,286 (b9,016,624) 295,061,074 S 446,632,984 S 263,950,689 254,157 (15;270,3b2) 2,206,964 (39,982,890) (4,696,718) (4,101,784) (7,932,315) (1,176,373) (2,268,196) 230 (66,184,548) ({39,151,835) ( I44.390,492) 10,280 157,345,380 22,852.044 100,923,360 16,684,739 (29,830,391) 9,495,166 9,700,142 2,561,41 � 392,440 985,516 (135.201.172) 155,909,239 306 242 492 268,990,969 i �3.s°ro 0.360% 13, 14 1, l4 1. 2, 14 3, l4 8, U, t4 1. 8, 14, 1 S 4, 5, 14 1,11,12,14 1. 5, I I, 14 1, 14 1,i1,14 l, 14 1. 14, l8 14 5, 6, 7, 9, 10, t4, I6, 17 19 llnallowable cos�s removed per the Federal Acquisition Regalations (FAR) Part 31. Posuetirement benefits adjustments per the FAR and thc Cost Accounting Standa�ds (CAS}. Pension cost adjustments per Ux FAR and 1he CAS. Adjustmen� to reverse amortiza�ion of deferred gain on sale Denver office buildings. Costs are lin�ited to the cons�ructive cosu of ownership. Credit to offset overhead expenses with income/reimbursement received and �emuve overhead charges toaffiliates, per FAR 3I.2Ql-5. Holding company allocation froni CH2M IiLLL Companits, Ltd. Allocation fran CH2M HILL Group Mana?ement Home Office. Adjus�ment for FAR compensation limits. Adjustmem to re�nove unaltowahle/unclaimed projects. Adjustnient to rem9ve fringe beneFits allocated to unallowable/unclaimtd projects. tldjustment to r�Massify overh�ad warranty costs to direct per CAS disclosure stattntent. Adjustment tu self-insured professional liability �o align to projected average losses per CAS 416. Adjustment of self-insured workers compensation casts to projected avecage loss per CAS 416. Indirect costs are allocated belween Field and Homa Office. (note 12) Adjustment made to add incentive compans7lion paid. Adjustn�ent to allocatcd occupaney costs based on acn�at usage. Adjustn�rnt to allocated infonnation technology costs based on actual usage. Adjwtmenl of alloca�ed Talant Acquisition Deplovment Center (TADC} �o actual wsts incunrd. Facitiries capital cost of money rare is not apDlicable io the Field Office indirect cosc rata. See accompanying notes to Schedules of Federal Acquisition Regidatia� Coi»plianc (ndirect Gost }Latcs. Company Co�dential EXHIBIT G Subcantract WorkfFee Determination Krazan & .Associates Scope of work is described in Task 3.4, Construction Management Services, Material Testing and Special Inspection. Total Budget is $2d,004 as shown in the Budget swnmary and Expenses sections of Exhbit E-1. EXHIBIT G- 1 �,� PTOnos�i No. -rt7��a.t wnP March 27, 20l 3 Fage l of 1 Attaehment B ?YI�TER}ALTESTII�G'& f1+iSPECTION SEftVIGES Sl'Y 33bth Streei �c Zlst Ave SW Intersectinn 1tiQTE�: Thi,s cost estirnate is h�,eci on the s�o�e c�F w�ork and assumptians outtined in our proposal'number `I'13063.tVdAP �ated Mttrch 27, 20l _3 xhich i� inclusive by referee�e and th� quar�tities pr�videc� by CHZYI Hilf in their OpiniUn t�E' Cc�st published to the City of Fe�tera! Way�, ii f�tir-hour minirnum, portal-to-portai charge applies to a(l inspections. Costs for construction testin� and inspection services are highly dependenz on contractars schedule; weather, overiapping of x�ork and othcr fact�rs. Tkterefarc the q:u�ntiti�s listed in aur cost �siimate sh�uld be cunsidered approximatc. Krazan &�lssociates does n�t eontr�E tMe �vbrl: or praduetian rate. Thesefore, the estimate providet# abowe dnes not i�ply alump sum fee, n�t-to-exczed fee or guaranteed maximum pri�e. Re�War time charges a�e Monday thraugh Frida}, ft�m 7 a:m. tt� =F:60 p.m., other arrarygements av�ilable upun pr�-�pprova6: Pr,�jeet �lana�ement and Re�ort Preparatian will be in�+oiced at 0:2$ tiours far each sitz and or st�el fabrication shop inspecc2ion. This cost estimate does not include o��ertime,, reteszs, or change in canditians ur schedule. tCrxzao Assoeiates, i�c. With t3ffices Servin� the WeStern Lnited States Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: l. 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 partieipate 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 ofthe CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or nationai origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shail set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT' S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may reyuest the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A fnal payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A fnal payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSUL7'ANT 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 deterrnine 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 frst 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 shouid represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4— Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutuat agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 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 find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legat interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this e�ibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. 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 exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2— Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federa} 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 fnal payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3— Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classi�cation for each frm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4— Director of Public 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). Ifthe project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5— Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). lnclude the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6— Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the suppiement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1{a) Certi�cativn Of C�nsuiiant 1 hereby� certtfy that I�m . Tiu1g Le ._._ ---- representative ofthe firm of CHZM H1LL„ Inc. Projeet No- ___.__ t,ocal A�ency City of Federal Way and duty authorized whose address is 1_.�..QQ_:l��h_Ay��E,�.uit�._�OO, Bell!eY11.� WA 2R�1S24 anci that neith�r I nor the above tirm l here represent �as: (a) E�npl�yed or retained for a commission, percentage, brokera�e, contingent fee, or other cUnsideration, any firm or pers�n (c�ther than a bona fide employee tivorkin� solety for me ar khe above CONSULTAAIT') to soficit or secure the AGEREEMENT; y (b) Agreed, as an express or implied con�ition for obtaining this contract, tc� err►plt�y or retain the �erti°ices of any firni or person in c;r�nnecti�n ��ith carrying out this AGREENiENT; or {c) Faid, nr agreed to p�y, to anv tirm, �rganization or persan (other khan a bona fide emptoyee w�orking sc�ielr for me or the at��� e CC?NSULTANT) any fee, contributian, donati�n, or consicteratron ofany kind fc�r, or in cf>i�nec[ion with, proeurin�; orearryina out this f1GREEMENT; exce�t as hereby expressly stated ( i f any j; !�cknc��vied;e tfiat this eertiticate is t�� b� a�ailahle tci the Washin�ton State Depart�nent �f Transpc�ttat%��i and the Federal }li{�h�av ;Acl�t�inistratic�n, U_S. Departnjentt�f-I'ransportation in canneetion ��ith this AGREEMEN-I involv ing partici'pation c�f Federal-aid hi�hway funds, and is subjeet to applieabte State and �eder�l la�vs, both criminal a��d civil. 04-09-13 __ _ _ _ --�------ .___---�.________ ___ _ �._ � — _ __._. �ate e DOT forrn t40-0$9 Ef ExktibitM-t(a} Revised �a� Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Federal Way , Washington, and that the consulting frm 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 frm or person; or (b) Pay, or agree to pay, to any frm, 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. °�� If � ao I3 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 Exl�ibit M-2 Certification Regarding Debarment, Suspension, and C)ther Responsibility Matters-Prirnary Covered Transactions i. The prospective prima�-y participant oertifies to th� best of its knawledge and belief, that it and its prin�: ipals: A. Are nat pr�sently tiebarred, su�pended, proposed fur debarment, dieclared ineli�ible, or voluntarily exclUded from covered transactians by any federal department or agency; B, Have not �vithin a t6re�-y°ear period preceding this praposal been convicted of ar had a eivil judgment rendered against them for commission or fraud or a criminal offense in connectic�n with obtaining, atternpting to obtain, or perfonnin� a publia (federal, state, or locat) transactivn or cantract under a p�rblic transaction; vic�lation of federa! or state antitrust statues or eommission of embezzlement, theft, f�rgery, bribery, falsificatian or destruc#ion of records, makin� fa}se s�atements, or receiving stalen prap�rty, C. Are not pre��entiy indicted %�r or other��•ise criminally �r civilly cl�arged t�y a�over�mental entity� (federal; state, ar Ic�c�}) witfi c;ommission of any ofthe offensea e�iumerated in paragraph (I) (�). c�fthis certification; and D. Have not within a three (3) ��ear period preceding this appfication/propo5al had or�e or more p�►blic traiasac€ions {fecieral, state, �r local) terminated fUr cause or default. Il. Whzre the prospective primary par�ticzpanT is unable to certify to any of the stateinents in this certifieation; such pr�spective participaiit ah�li attaeh an explanation tothis prc�p�sa{. Cansultant (�'irm�: CH?M HIL,L, Ine, -----Q.4.-Q�-��- -----__ _____ - __._ _.-� _ ___.._----- (Date) (5ignature) Presid t ar 'zed cial af Cansufta�t Tung Le, ice sident D{}T Fomt t40-�89 EF Exhibit M-2 Revised 6/U5 Exhibit M-3 Certification Rega:rding The Restrictions of The use afi Federat Funds for Lobbying The prc�spe�tive participant certi�es, by �ignin� and submittin� this bid or proposat, to the best of his or her knowledge and belief, that: 1. No fiederal appropriated funds have been paid or will be paid, by or on bettalf of tfie undersigned, to any p�rsfln for influencing �r attempting to influe�7ce an officer or emplUyee of any Federat ageney, a mernber of Con�ress, an �f�Ccer or employee ofCongress, or an employee ofa member of Cqngress in conneetian with the ati�arding af any Federal contract, the making of any Federal �ra1�t, the making of any Federal {c�a�i, the entering into of any cocaperative agreement, and the extension, continuation, rene«al, amenc��nent, or modification of any Fec#eral contraet, grant, loan, �r cooperative agreement. 2. tf any� funds other than Federal appropriated firnds ha��e been paid or will be paid to any person for inftiienui�lg or attempting to influenLc �in of#icer or emp(oy�ee of any Federal agency, a member of Con�ress, an officer ar emptoyee t�f Cbns,re�s, or an empiayee uf a member of Can�ress in connecCic�n with #his Federal c;ontr��ct. �vranl, loan, or co�perative agre�mertt, the undersigned shalf c<�inplete and submit Standarci Furi��-L.LL, "I�i�c,losk�re Fo�n to Fhepc�rk Lobbvi�g," in aceordance with i2s instructions. "Thi� certittc:atic�n is a material re�re5entati�>n c�f Fact upc�n which retianc$ was plaeed whetl thi� transaction w�as made c�r entered iiYtc7. Subn� ission of this certificatiun is a prerequisite for making c�r enterin� i�rto tltis transactic�n imp�szd hy� Section i 352, Titte 31, U.S. Code. Any persc�n wha tai►s ta file the req�iired certificatic��a shall be subject to a civil penalty c�f not less Chan �10,000 and nc�t ►llc�re than $10(�,0�?0 f�r each s�icl� tail�rre. 1'he,prc��peetiv� pzrtic`ipant als� a�recs t?4 �uh�ziittin� h`is or h�r bid or ��-npi�,al tl�at l�e c�rshe sha-It require that th� lan�uage of this certitivaki��i be inctuded itt alt lc�c�er tit;r subcoi�tracts which exceetl � 140,Ot?0 attd'that all' sueh stibrecipients shall certify and discl�se accordin�ly. C�nsultant {Firm}: �}{2M �-i[LL, 1nc. _ _�.����_� � ____��. _ { 8te} DOT ��? 14D-089 EF Exhihd h,7-3 Revised 6l05 _ - - - - _ __ . __. ____ (Signature) Presiden or ho �cEal o onsultant Tung Le, Vice Pres ent Exfiibit M-4 Gertificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cust or pricing data (as defined in �ection 15.�0'1 of the �ederal Ac�uisition Re�ulation (FAR} and required einder FAR subsection 15.�03-4} submitted, either actuatiy ur by specifc �dentiftcation in writing, tt� the contractino officer ar ta the contractin� officer's representatiwe in support of 21 St Ave SW at S.W 3.36th St_Ill_tetSeCtio111�1p are aceurate, complete, and current as of March 26, 2013__�_._ **- This �ertification includes t}te cast or pricing data supportina any advance agreem�nts �nd forward pricing rate aareements between the afferor and the Government that are part ofthe proposal. Fi�-rn CN�M HiLL, lnc. Name �ritie Vic� Pre�i��nt—____._..----_ ._ _ ^ �" ----- _. _. Date of Exe�utic>n*�* 04-09=1_3 __ __ _ - -- ... . __ ____.._..__._ . _ _ . . * Identify� the �rc�pos�l, q�iotation, request for price a�ljustment, or ather submissinn inv�ilved, givina the a��ro�riate idencifying number {e.g., RFP Rto.). ** 1»sert the daV�. ma��th, and year when price ne�otiati�ns �irere c�ncluded and price a�reeme��t was reached. *** Insert the day, mU��th„ and year af signina, which �hould be as close as practicable to the date ��then the pric;e ite�atiltiUns �vere concluded and the cantrac:t price was a�reeci tc�. DOT Form 140-089 EF Exhibit M-4. Revised 61G5 Signature Authority - History Signature Authority Details Employee Name Tung Le Active Region Category Client Project Specific POA Required Active United States Designated Manager No No �egal Entity Name CH2M NILL, INC. (s) Business Group Title Date Accepted TRANSPORTATION Project Type Role 3/29/2007 Signature Authority Limits Strategic Agreement, Proposal and Prime Contracts US Federal�a� �5,000,000 Commercial�a� �5,000,000 Client Project Procurement isition�b None Obligate US None Obligate ��Y Federal Commercial OH Procurement ��g�aisition�b None Obligate Workflow History None This record was enterd by an Administrator and there is no workflow history. Page 1 of 1 Ali Other Projects Business Group Staff None Footnotes: a Lower limits can be specified by the BG Approvers. An Authorized Signer may sign changes to existing proposals and contracts consistent with their dollar authority. For example, a Designated Manager with $1 million in prime contract authority may sign a prime contract of $1 million, plus any related modifications, amendments, or other changes to the contract for $1 million or less after proper review and approval. Strategic Agreements are Non-Disclosure Agreements, Memoranda of Understanding, Teaming Agreements (prime or subcontractor), loint Venture Agreements, Alliance Agreements, and Agency Agreements. SENIOR DESIGNATED MANAGERS AND DESIGNATED MANAGERS MAY SIGN STRATEGIC AGREEMENTS CONSISTENT WITH THE LIMITS SPECIFIED UNDER STRATEGIC AGREEEMNT, PROPOSAL AND PRIME CONTRACT. a- Lower Iimits can be specified by the Approvers. An Authorized Signer may authorize changes to existing Procurement 308 Agreements consistent with their dollar authority. For example, a Designated Manager with $1 million in Authorizing Document Approval authority may sign an Authorizing Document in the amount of $1 million, plus any related changes to the Procurement Agreement for $1 million or less after proper review and approval. b An Area Manager has a maximum signature authority limit of $5 million to facilitate signing of Binding Documents. Use of this authority shall be fully coordinated with the Business Group or operating unit before execution. b- The designation of an individual as a Project Manager or Task Manager in Oracle (including indirect projects) and as 308 displayed in Project Insight will denote authority to approve purchase requisitions or bid analysis summaries for goods and services for that specific project within the limit of the project's authorized budget. rr �"b ,�`.�"�`�w+.�`�a:"� �a ��°,��'.�'� ; � � DATE (MMIDD/YYYY) �-�R� CERTIFICATE OF LIABILITY INSURANCE 0410912013 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 MARSH USA INC. 122517TH STREET, SUITE 2100 DENVER, CO 80202-5534 15114-01245-SG2PL-12/13 INSURED CH2M HILL, INC. 9191 SOUTH JAMAICA STREET ENGLEWOOD, CO 80112 022797 CA A : Greenwich Insurance Company B: XL Specialty Insurance Co. ,.. N/A INSURER D : COVERAGE 22322 37885 WA COVERAGES CERTIFICATE NUMBER: SEA-002150729-05 REVISION NUMBER:B THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR pOLICY NUMBER MM/DDY EFF MMIDD EXP LIMITS LTR GENERAL LIABILITY X EACH OCCURRENCE $ 1,500,000 p X RGE500025501 05/01/2012 05/01/2013 E ENTED � 500,ppp COMMERCIAL GENERAL LIABILITY PREMISES Ea occurtence $ CLAIMS-MADE � OCCUR MED EXP (Any one person) $ X$500,000 SIR PERSONAL 8 ADV INJURY $ ����'� GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CAMP/OP AGG $ 5,000,000 POUCY PR� LOC $ AUTOMOBILE LIABILITY X COMBINED SING LIMIT 2�0 � Ea accidenl A X ANY AUTO RAD500025401 (AOS) 05/01/2012 05101/2013 BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED RAD500025601 (MA) 05/01/2012 05/01/2013 BODILY INJURY (Per accideM) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-0WNED Per aaident HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N RWD500025201 �5/�l/2�i2 05/01/2013 E.L. EACH ACCIDENT $ �'�'�� OFFICER/MEMBER EXCLUDED? a N� A 'STOP GAP LIABILITI" ����� (Mandatory In NH) E.L. DISEASE - EA EMP�OYE $ If yes, describe under 'ONLY' ���0�� DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, if more space is requlred) � THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. CITY OF FEDERAL WAY 33325 STH AVENUE S FEDERAL WAY, WA 98003-6325 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Manh USA Inc. Sharon A. Hammer ���-�-� Q -°v�-^'^E� O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT # 021 This endorsement, effective 12:01 a,m., May 1, 2012 forms a part of Policy No.RGE600025501 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANnES THE POLICY. PLEASE READ IT CAREFULLY AUTOMATIC ADD1710NAL INSURED'S PRIMARY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART LIQUOR LIABIL.ITY COVERAGE PART The following provision fs added to Section II, Who is an Insured: t. A. Any entity, person, or organizat(on you are required or have agreed in a written insured contraat, permit, access agreement and any other written agreement to name as an insured is an fnsured (he�e(nafter called additional insured) but only with respect to liability arising out of your premises, your work for the additional insured, or acts or omissions of the additional insured in connection with the general supervision of your work to the extent set forth below, (1 � The limits of , insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured. (2) All insuring agreements, exciusions and conditions of this policy apply; (3) In no event shall the coverage or Umits of insurance in this coverage form be fncreased by such contract. B. Except when required otherwise by insured contract, this insurance does not apply to: (1) (a) All work on the project (other than service, mafntenance or repairs) to be performed by or on behalf of the additfonal insured(s) at the site of the covered operations has been completed; or (b) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in pertorming operations for a principal as a parf of the same project. (2) Bodily InJury or Property Damage arising out of any act or omissian of the additlonai insured(s) or any of thelr employees, other than the general supervision of work performed for the additional insured(s) by you. MANUS � 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. C. Any coverage provided hereunder shatl be excess over any other valid and collectible insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless a contract specifically required that this insurance be primary, or you request that it apply on a primary basis. When this insurance applies on a primary basis for the additional insureds described above, it shall apply only with respect to liability arising out of your work for that additional insured by or for you. Other insurance afforded to those additional insureds will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other terms and conditions remain the same. � (Authorized Rep es tative) MANUS O 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # 027 7his endorsement, effective 12;01 a,m,, May 01, 2012 forms a pa�t of Policy No.RGE600025601 issued to CH2M HILL COMPANIES, LTp. � by Greenwich (nsurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE R�AD IT CAREFULL.Y CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage fs canceiled or non renewed for any statutorfly permitted reason or if coverage is materially reduced, or coverage is cancelled for non-payment of premium advanced written notice will •be mailed to the person or entity according to the notifioation schedule shown below: Number of Days Name of Person or Entity Maiiing Address; Advanced Notice of Cancellation: Per the most current schedule maintafned by Marsh USA, Inc. and furnished to XL Insurance no less than 15 days prior to 60 days the 60 days of notice of cancellation, non- renewal or materiai reduction in coverage For the purpose of this endorsement, non-renewal shall mean solely non-renewal af the Policy and shall not include expiration or Notice of Conditional Renewal. Mater}al reduction in coverage shall mean a decrease in the Policy limits, an increase in the deductible or self-fnsured retention or the application of a Policy exclusion not contemplated at Policy issuance. All other terms and conditions of the Policy remain unchanged. � --.. (Authorize resentative) MANUS �2011 X.L. America, Inc. All Rights Reserved. May not be copisd without permission. ENDORSEMENT # 005 This endorsement, effective 12:01 a.m., May 01, 2012 forms a part of Policy No.RAD500025401 issued to CH2M HII.L COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANaES THE POLICY. PI.EASE READ IT CAREFULLY ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provfded under the following: BUSINESS AUTO COVERAGE FORM Section II A. 1. WHO IS AN INSURED is amended to include: Any entity, person, or organization you are required or have agreed in a wr(tten contract, permit, access agreement and any other written agreement to provide insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. � (Authorized Repr en ive) MANUS 0 2011 X.L, America, Inc. All Rights Reserved, May not be copied without permission. ENDORSEMENT # 009 This endorsement, effective 12;01 a.m., May 01, 2012 forms a part of Policy No,RAD500025401 issued to CN2M HII.L COMPANIES, I.TD. by Greenwich Insurance Company THIS ENQORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CANCELLATION N071FICATION TO OTHERS ENDORSBMENT In the event coverage is cancelled or non renewed for any statutorily permitted reason, other than nonpayment of premium, or if coverage is materfaity reduced, advanced written notice wlll be mafled or emailed to person(s) or entiiy(ies) according to the notificatlon schedule shown belaw: Number of Days Name of Person(s) or Entity(les) Mailing Address: Advanced Notice of Cancellation: Per the most current schedule maintained by Marsh USA, Inc. and furnished to XL Insurance no less than 60 days 15 days prior to the 60 days of notice of cancellation, non-renewal or material reduction in covera e For the purpose of this endorsemsnt, non-renewal shall mean solely non-renewal of the Policy and shall not include Notice of Conditional Renewal, Material reduction In coverage shall mean a decrease in the Policy Ilmits, an increase in the deductible or self-insured retention of greater than $250,OOQ or the application of a Policy exclusfon not contempiated at Policy issuance. Ail other terms and conditions of the Policy remain unchanged. � (Authorfzed Repres ntati ) MANUS � 2011 X,l., America, Inc. All Rights Reserved, May not be copied without permission.