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AG 14-146RETURN TO: j 55, CGS EXT: 9-1 o i CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ S-WCCA -S 2. ORIGINATING STAFF PERSON: Jeg 4UNV\h EXT: ;9-7a I 3. DATE REQ. BY:_ 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): Cl INTERLOCAL • OTHER 5. PROJECTNAME: ZO15 NAa,nua,I Payeme-ar Dis -hats Ra -ttnl Sure l 6. NAME OF CONTRACTOR: 1MS 1nfvostnyv}UrZ ManeAcMCrii SCYViLeS OLI-C ADDRESS: 1187,0 W. Drake Dr ,Ste 10K iTempc ; A7- 85253 E -MAIL: SSmiA\r% @ 1MS -rt1'. porn SIGNATURE NAME: SiP4p1'ieA I sync-VA TELEPHONE: TITLE: IB'G61 dM i 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI #UCa-1522IGi EXP. Ob /30 / 15 8. TERM: COMMENCEMENT DATE: 0'3zo► 2015 COMPLETION DATE : 0-111%t f 2015 9. TOTAL COMPENSATION: $ 49 190j5. 00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $_ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 102 .4400 .51j . 5g5.30.44a 10. DOCUMENT/ CONTRACT REVIEW CY PROJECT MANAGER COY DIVISION MANAGER iK DEPUTY DIRECTOR Y DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) [w( LAW DEPT PAID BY: ❑ CONTRACTOR ❑ CITY 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 91511AV ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS VLAW DEPT ❑ CHIEF OF STAF SIGNATORY AYOR R DIRECTOR) V CITY CLERK uY ASSIGNED AG # EV'SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE " 2 " ORIGINALS NITIAL / DATE APPROVED COUNCIL APPROVAL DATE: INITIAL/ DATE SIGNED q 20 It DATE SENT: DATE REC' D: °JT� R ITl 1 11/9 CITY OF CITY HALL 44�._ u 4W Federal Way 33325 8th Avenue South Federal Way. nu 98003 -6325 (253) 835 -7000 www cityof ederalway corn PROFESSIONAL SERVICES AGREEMENT FOR 2015 MANUAL PAVEMENT DISTRESS RATING SURVEY This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and IMS Infrastructure Management Services, LLC, an Arizona limited liability company ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC: Stephen J. Smith, P.E., President 1820 W. Drake Drive, Suite 108 Tempe, AZ 85283 (480) 839 -4347 (telephone) (480) 839 -4348 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Jeff Huynh, Street Systems Engineer 33325 8th Ave. S. Federal Way, WA 98003 (253) 835 -2721 (telephone) (253) 835 -2709 (facsimile) jeff.huynh@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than July 31, 2015 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. PROFESSIONAL SERVICES AGREEMENT - 1 - 9/2014 CITY OF CITY HALL 40 Federal Way 33325 8th Avenue South Federal Way, WA 98003 003 -6325 (253) 835 -7000 www cityoffederalway com 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits PROFESSIONAL SERVICES AGREEMENT - 2 - 9/2014 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederahvay com payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated PROFESSIONAL SERVICES AGREEMENT -3 - 9/2014 CITY Of CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ciyoffederalway com or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. PROFESSIONAL SERVICES AGREEMENT - 4 - 9/2014 CITY OF Alw111% Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the PROFESSIONAL SERVICES AGREEMENT -5 - 9/2014 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2014 CITY OF CITY HALL A** Federal Way 33325 8th Avenue South Federal Way, WA 98003 8003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim F ATTEST: it Jerk APPROVED AS TO FORM: -§V,a� �,rw-efim City Attorney, Amy Jo Pearsall IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC By: ST *HEN�MITH, P.E., Member/mcw%Qv- 1820 W. Drake Drive, Suite 108 Tempe, AZ 85283 (480) 839 -4347 DATE: 5Fi"2 �C3e.>s" \�, , -)pt } STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On this day personally appeared before me Stephen J. Smith, to me known to be a Member of IMS Infrastructure Management Services, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this r/ - day of <t09441&0- , 20(q. Notary's signature_��'' Y LESTER?HOMASON Notary's printed name iJM ZACHAR Public _Arizona Notary Public in and for the State of A�''= "'�► ('111 NotarPinal County 2015 My commission expires . `My COMM. Expires Jan 24. PROFESSIONAL SERVICES AGREEMENT - 7 - 9/2014 EXHIBIT "A" SERVICES Scope of Services IMS IMS Infrastructure Management Services 1820 W Drake Dr. Suite 108. Tempe, AZ 85283 Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com To: Jeff Huynh, Street Systems Engineer Date: September 4, 2014 From: Jim Tourek, Manager of Client Services Project: City of Federal Way, WA Subject: Scope of Services Document Project No: TBD Defined below is the finalized narrative scope of services for the 2015 City of Federal Way project: Pavement Distress Survey — IMS is unique to the industry, as an objective data collection effort will be completed. The Laser RST will be used to perform a surface condition assessment of all streets designated by the City of Federal Way. Instead of using the subjective feet on ground sampling method, all data will be collected continuously and recorded in 100 -foot intervals in the form of a detailed database complete with GPS coordinates. The detailed database will be summarized to develop the pavement condition index for each street segment. Innovative Technology — The Laser Camera Array (LCA) is capable of collecting automated pavement condition data in the form of roughness to International Roughness Index (IRI) standards, wheel path rutting, transverse cracking, block cracking, alligator cracking and texture. The technology driving the laser- camera array removes the subjective nature of pavement condition data collection. The pavement condition data is collected and processed to provide extent - severity distress ratings as per ASTM D6433 standards. The Digital Collection Rating System (DCRS) is a semi - automated approach to collecting pavement distress, attribute and other associated data while the RST travels the City streets. By means of a touch screen based tablet computer, highly trained IMS technicians input changes in observed distress severities and extents, or identify specific roadway assets or attributes. The DCRS is integrated into the data flow through time code, GPS, DMI distance and inventory control. The DCRS data is then post processed in the office to generate extent quantities for each observed distress severity level throughout every surveyed road section. GIS Review & Visual Presentation — The pavement condition and attribute data shall be linked to the City of Federal Way's existing GIS environment. IMS delivers pavement data linked to GIS in the form of a personal geodatabase, spatial database engines, shape, AutoCAD, and /or KML files. The GIS data is compatible with most 3rd party programs, including ESRI. LUIS hifta.ctructure b/anagennent Services 2015 federal It ay - Scope of Services Rev! 01", ", / City of Federal Way Scope - 2015 Pavement Management Systems Ratings Data QA/QC, Processing, & Format — After completion of the data processing, IMS will deliver quality pavement condition data that is supplied in a spreadsheet or database format for client review purposes prior to submission of the final deliverables. IMS will also create a series of exceptions reports detailing any changes in section attributes such as length, name changes, lanes, etc. Each distress extent and severity category shall be summarized on a 0 -10 scale to assist in review. The data will pass through several iterations of QA/QC before it is delivered to the City for review and only after City acceptance will IMS begin the development of the final deliverables. Comprehensive Analysis & Report — Upon completing the processing of all pavement condition data and any optional subsurface data, a comprehensive pavement analysis and report can be developed containing performance curves, 5 -year plans, maintenance & rehabilitation strategies, budget scenarios, condition analysis, PCI /Inventory reports, and M &R cost benefit. Th d t f h ; d t '1 d t d I d b IMS is the e a van age o aving a e al a repor eve ope y analysis is developed through an enhanced pavement management software application that provides industry standard scenarios and solutions for planning purposes. The final report will be reviewed and edited by City staff before a final version would be issued. Each task and description listed below can also be found in the project budget dated July 30, 2014. The scope of services document defines the task, associated activities and project deliverables. DETAILED PROJECT SCOPE: Task Description Activities Deliverables Base Project Activities: Project Initiation • Confirm scope, extent and content of surveys, set Technical memo detailing milestones and deliverables. scope of work, budget and • Confirm key contacts, roles and responsibilities, and project deliverables. documentation. • Identify location of key data elements such as traffic data, GIS, existing roadway inventories, historical data, and pavement management data. • Identify deficient data and the means to obtain it. • Provide data QA plan to City. • Confirm phases of the work and invoicing methodology. 2. Network Referencing & Complete a brief review of the City's current GIS Survey maps and inventory GIS Linkage environment and assess suitability for pavement for use on the project. management purposes. • Using the City's existing GIS centerline topology, update existing street inventory and create a fixed link between the inventory and GIS using a unique identifier. • Include street number and block order in referencing. • Harmonize street names between GIS and City's StreetSaver (Note. GIS wins any differences). • Link each segment to its parent GIS section. • Obtain roadway attributes from GIS for functional class, traffic, width, length, pavement type, curb type, etc. If not available, devise plan to obtain them. • Create survey maps for use by the RST and client review. IMS bafrastracncre .Management Services 2015 Federal ff ay - Scope of Services Revl page -' City of Federal Way Scope - 2015 Pavement Management Systems Ratings 3. Mobilization/ Calibration • Mobilize surface distress, roughness, and rutting testing Equipment calibration results equipment to project. • Crew to review the survey maps with the City. • Demonstrate the equipment to the City. • Calibrate equipment. 4. 5. 6. 8. RST Field Data Collection Complete single pass testing on residential roadways and 2- of Pavement Condition pass test on arterials and collectors; collect ASTM distresses and attributes at 100 -foot intervals on a block by block basis. IMS will survey approximately 246 centerline miles (280 test miles) of roadway. Expansion of distresses to a modified ASTM D6433 protocol. Distresses to include longitudinal, transverse, alligator, and block cracking, raveling, bleeding, patches /potholes, rutting, roughness, and distortions. • Laser based RST will incorporate the use of 11 lasers and rate gyroscopes, digital images, touch screen event board, and GPS acquisition. Dual wheel path testing collecting International Roughness Index (IRI) data. Data QA/QC, Processing, • For each data stream (surface distress, roughness, GPS), & Format aggregate & process the data at segment level. • Develop individual index scores for surface distress and roughness as appropriate. • Develop a pavement condition score for each section. • Process the same data to the segment level. • Shape files of the processed data. • Develop exceptions report for lengths that do not match GIS. • Complete QA of data. Pavement Analysis, Following the field surveys and data processing, complete the Budget Development & following analysis: Reporting • Update the operating parameters of the software. The operating parameters can be defined as the decision trees, unit rates, and strategies. • Present status and PCI report in Excel format c/w PCI charts and backlog. • Fix all needs analysis and budget. • Complete steady state, do nothing, unlimited, steady state plus 50 %, steady state minus 50 %. • Budget driven analysis ($ /year estimate). • Integrate City capital plans and "must do's" ($ to hit set PCI and backlog target). • Finalize draft analysis and budgets. • Final report, format per City requirements (as revised for 2013) and send two original sets of the report plus electronic files. • Create shape files of results Complete two passes on major roadways. Approximately 280 test miles. Excel spreadsheet of the 100 foot, sectional data, and index values containing all assigned GIS ID's. Shape files of the condition data at the 100 foot and segment levels. Draft analysis and report. Up to 5 models/ budget analysis options will be completed. Final report and shape/ KMZ files — both hard copy and electronic. Project Management • Provide client with periodic e-mail updates and reports. Status reports and invoices. • Meetings to be completed on -site and by conference calls. • Complete project administration and invoicing. Return Client Credit • Provide client with a reduced project cost. Savings for our Client. IMS Infrastructure Management Services 2015 Federal Way - Scope of'Services Revl page 3 CITY OF CITY HALL 8th Avenue South • ,'`,, Box 9718 Federal Way Federal Way, WA 98063 -9718 18 (253) 835 -7000 www o yoffederalway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty -Nine Thousand Nine Hundred Ninety -Five and 00 /100 Dollars ($49,995.00). 2014-2015 Pavement Management Systems Ratings Task No. Task Activity Quantity Units Unit Rate Total Project Initiation 1 Project Initiation 1 LS $3,000.00 $3,000.00 2 Network Referencing & GIS Linkage 280 MI $10.00 $2,800.00 Field Surveys 3 Mobilization /Calibration 1 LS $3,500.00 $3,500.00 4 RST Field Data Collection 280 MI $108.00 $30,240.00 Data Management 5 1 Data QA /QC, Processing & Format 280 MI $20.00 $5,600.00 6 Pavement Analysis, Budget Development & Report 1 LS $8,000.00 $8,000.00 7 Project Management 1 LS $2,657.001 $2,657.00 8 Return Client Credit (Discount) 1 LS - $5,802.00 - $5,802.00 $49,995.00 PROFESSIONAL SERVICES AGREEMENT - 9 - 9/2014 IMSINFR -01 LANDERSON ACC?RLT CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 9/12/2014 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 American Insurance & Investment Corp. 6765 West Russell Rd Ste 150 NAME: Melissa M. Seybert, CISR PHONE 702 877-1760 AX No : 702 877-0937 Alc No EXt : ( ) ( ) al DRESS, Melissa.Seybert@american- ins.com Las Vegas, NV 89118 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Ind Co of America 25666 $ 1,000,00 INSURED INSURER B: Travelers Ind Company of Conn. 25682 IMS Infrastructure Management Services, LLC 1820 W Drake Dr Ste 108 INSURER C: Travelers Indemnity Company 25658 INSURERD:Beazley Insurance Company Inc 37540 INSURER E: $ 1,000,00 Tempe, AZ 85283 INSURER F: $ 2,000,00 PRODUCTS - COMP /OP AGG COVFRArFR CFRTIFICATF NIIMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South POLICY NUMBER MMIDDY/YYYY MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE N OCCUR BFPD X 6808926L164 03/26/2014 03/26/2015 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,00 X MED EXP (Any one person) $ 10,00 X Contractual Liab. PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PEA LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP /OP AGG $ 2,000,00 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS X NON- -OWNED X AUTOS BA8923L36A 03/26/2014 03/26/2015 OMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP8666Y370 03/26/2014 03126/2015 EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER STATUTE ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ D D Professional Liab. Claims Made /Rpt'd V15S1C140801 V15S1C140801 03/25/2014 03/25/2014 03/25/2015 03/25/2015 Per Claim 2,000,00 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Federal Way is an Additional Insured to General Liability. CFRTIFICATF HOLDER CANCELLATION @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way City Hall THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South AUTHORIZED REPRESENTATIVE Federal Way, WA 98003 -6325 @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: 6808926L164 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission IMSINFR -01 LANDERSON CERTIFICATE OF LIABILITY INSURANCE DATE (MMI DNY ) 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 American Insurance & Investment Corp. 6765 West Russell Rd Ste 150 NAME: CT Melissa M. Seybert, CISR PHONE 702 $77_1760 aC No : 702 877 -0937 A/C No Ext : ) ( ) ADDRESS: Melissa.Seybert@american- ins.com Las Vegas, NV 89118 INSURER (S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Ind Co of America 25666 INSURED INSURER B: Travelers Ind Company of Conn. 25682 IMS Infrastructure Management Services, LLC 1820 W Drake Dr Ste 108 INSURER C: Travelers Indemnity Company 25658 INSURER D: Beazley Insurance Company Inc 37540 INSURER E: 03/26/2015 Tempe, AZ 85283 INSURER F: $ 1,000,00 X COVERAGES CERTIFICATE NLIMEER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUTHORIZED REPRESENTATIVE Federal Way, WA 98003 -6325 POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MMIDD/YVYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE FRI OCCUR X 6808926L164 03/26/2014 03/26/2015 PREMISES Ea occurrence $ 1,000,00 X MED EXP (Any one person) $ 10,00 BFPD Contractual Liab. PERSONAL & ADV INJURY $ 1,000,00 X GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY a PRO 0 LOC PRODUCTS - COMP /OP AGG $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY (CEO, aadeD SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ B X ANY AUTO BA8923L36A 03/26/2014 03/26/2015 ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 C EXCESS LIAR CLAIMS -MADE CUP8666Y370 03126/2014 03/26/2015 DED I X I RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE SP TAUTE ERH E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Liab. V15SIC140801 03/25/2014 03/25/2015 Per Claim 2,000,00 D Claims Made /Rpt'd V15S1C140801 03/25/2014 03/25/2015 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Federal Way is an Additional Insured to General Liability. CERTIFICATE HOLDER CANCELLATION @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way City Hall THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South AUTHORIZED REPRESENTATIVE Federal Way, WA 98003 -6325 � @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: 6808926L164 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a 'contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission RHM AFRO CERTIFICATE OF LIABILITY INSURANCE 8045 DATE (MM/DD/YYYY) 9/15/2014 THIS CERTIFICATEIS 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 SUBROGATIONIS 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 HARTFORD FIRE INSURANCE COMPANY 250760 P: F: PO BOX 33015 SAN ANTONIO TX 78265 CONTACT NAME: PHONE FAX A DRIESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Twin City Fire Insurance Company POLICYEYP INSURED IMS INFRASTRUCTURE MANAGEMENT SERVICES L L C 1820 W DRAKE DR STE 108 TEMPE AZ 85283 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICYEFF MM/DD POLICYEYP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 PRO 1-1 PRO- JECT PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ HIREDAUTOS NON -OWNED AUTOS S UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY PER OTH- X' STATUTE ER E.L. EACH ACCIDENT $1, 0 0 0 , 0 0 0 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA 76 WEG GD5179 04/19/2014 04/19/2015 E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1$1, 000, 0 0 0 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City Hall Attn : Jeff Hu nh Street Systems y y 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 Engineer 33325 8TH AVE S FEDERAL WAY, WA 98003 © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD HARTFORD FIRE INSURANCE COMPANY PO BOX 33015 SAN ANTONIO TX 78265 City Hall Attn: Jeff Huynh Street Systems Engineer 33325 8TH AVE S FEDERAL WAY WA 98003 ACORD 25 (2014/01)