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Home My WebLink AboutAG 13-078 I I RETURN TO: I EXT: 2601 � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: CD/BLDG ORIGINATING STAFF PERSON: SPROUL/PIETY EXT: 2601 3. DATE REQ.BY: JUNE 29,2018 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 ❑x CONTRACT AMENDMENT(AG#): 13-078 ❑ INTERLOCAL ❑ OTHER PROJECT NAME: BUILDING DIVISION SERVICES NAME OF CONTRACTOR: WEST COAST CODE CONSULTANTS,INC ADDRESS: 908 W GORDON AVE,STE 201,LAYTON,UT 84041 TELEPHONE (801)547-8133 E-MAIL: CHRISK(a�wc-3.COM FAX: 801 820-9089 SIGNATURE NAME: CHRIS KIMBALL,PE,MCP,CBOTITLE: REGIONAL MANAGER I,Q C 2 EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES OMPENSATION --LL INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS ', ROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: JULY 1 2018 COMPLETION DATE: DECEMBER 31,2019 TOTAL COMPENSATION$ NO CHANGE--$500,000 (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,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE ID PURCHASING: PLEASE CHARGE TO: 001-5200-074-558-50-410 0. DOCUMENT/CONTRACT REVIEW IN L/DATEVI W INITIAL/DATE APPROVED El PROJECT MANAGER C/ y ❑ DIRECTOR ept/e ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW Z. Jht...I 2-o1f 1. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CO)N1TRACT SIGNATURE ROUTING IX'SENT TO VENDOR/CONTRACTOR DATE SENT: 7 DATE REC'D: 7_- /_--(tS .ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ L94 DEPARTMENT .1 i 2d t 8 IGNATORY(MAYOR OR DIRECTOR) •y .21/./?� `y ❑ CITY CLERK / 11 rg ❑ ASSIGNED AG# AG° k •''014 ❑ SIGNED COPY RETURNED DATE SENT: 01 , 11 200 ',OMMENTS: ,• Change to compensation. , \ /K.�, i'VAA) ii44-1041(4/14-e 6,1%f 4 • `.A LU uK 7nm I CITY OFisA, CITY HALL Federal Way33325 8th Avenue South Federal Way:WA 98003-6325 (253)835-7000 www cityoffeieratway corn AMENDMENT NO. 5 TO PROFESSIONAL. SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Amendment ("Amendment No. 5") is made between the City of Federal Way, a Washington municipal corporation("City"),and West Coast Code Consultants,Inc.,a California"S"corporation("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Building Division Services ("Agreement") dated effective April 19, 2013, and as amended by Amendments Nos. 1, 2, 3, and 4 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-5, attached hereto and incorporated by this reference. Except as otherwise provided in Exhibit B-5, 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-5, 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] PSA Amendment 5/Building Division Services - 1 - 3/2017 40A CITY OF CITY HALL 33Federal Way Feder25 l Avenue South Federal Way WA 98003-6325 (253) 835-7000 wwwcityoffederatwaycorn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: / f Ji rre Mayor ep anie Courtney, CMC, C Clerk DATE: --2/0// 7�T APPR VBD TQ FORM: J. Ryan Call, City Attorney WEST COAST CO DE CONSULTANTS INC.: BY: Ch Kimball, PE, MCP, CBO, Regional Manager DATE: �V L`T L✓,, ZO) e7 v.r or r#e STATE OF UTAH NOTARY PUBLIC f `vt., TYESE WILLIAMS STATE OF WASHINGTON ) t t,tta, o COMMISSION#686899 a ) SS 9r, 44 MY COMMISSION EXPIRES: I 896 COUNTY OF Ir o1-1s-zozo OaU 5 On this day personally appeared before me Chris Kimball, PE, MCP, CBO, shown to me to be the Regional Manager of West Coast Code Consultants, Inc. 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 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 5 day of_ ZIA hi , 2018. Notary's signature Notary's printed name 'Typ 5{ \ L.L,oeNS Notary Public in and for the State of Warshinster- 4 ro My commission expires Mh )10, a0a0 PSA Amendment 5/Building Division Services -2- 3/2017 CITY OF CITY HALL 33325 4 � Federal VVay Feder 8th Avenue South rs]Wary,WA$8003-6325 (253) 835-7000 www cityoffedera(way.corn EXHIBIT "B-5" ADDITIONAL COMPENSATION SCHEDULE OF FEES GENERAL: 1. Contract Duration: The fees noted in this Agreement are valid for the first two years of the Agreement. Should changes to the fees be required after that date,the Consultant must provide the revised rates to the City for approval prior to conducting any services at the revised rates. 2. Payment: Invoices for work performed during the previous month will be sent out at the beginning of each month,unless requested otherwise by the City.Payment must be received within thirty(30)days of receipt of the invoice. Past due invoices will be subject to a late payment penalty of five percent(5%). PLAN REVIEW SERVICES: 1. Basic Fees: a. For complete plan reviews of multi-family and commercial projects,including tenant improvements, fees will be fixed and billed as a percentage of the City plan review fees as calculated per project. Consultant's fixed fee will be equal to sixty percent(60%)of the plan review fees collected by the City. For projects having a valuation of greater than eight million dollars(>$8 million)the Consultant will negotiate an appropriate fee with the City. The City must provide the Consultant with the project valuation data for each project for use in calculating Consultant fees. b. Plan reviews of single-family,and their accessory structures,will be charged as fifty percent(50%)of the plan review fees collected by the City. The city must provide the Consultant with the project valuation data for each project for use in calculating Consultant fees. c. Expedited projects will be billed at one hundred and fifty percent(150%) of the above noted fees, contingent upon the availability of staff to perform the plan review. This additional fee can be charged directly to the permit applicant at the request of the City. d. The above noted fixed-fee covers an initial plan review in addition to a second and third review. Additional reviews beyond a brief third check will be billed at the hourly rates listed in the"Table of Hourly Billing Rates", with advance approval from the City. 2. Other Fees: In addition to the Basic Fees described above,time and materials methods using the"Table of Hourly Billing Rates"will be used for determining fees for the following types of services: a. Fire and life safety plan reviews are not performed as part of the"Basic Fees"noted above. If these reviews are desired, they will be billed at the hourly rates noted in the "Table of Hourly Billing Rates." b. If the City does not require a complete plan review,but would like assistance with specialty reviews (e.g. structural, mechanical, plumbing, electrical, energy, etc.) these reviews will be billed at the hourly rates listed in the"Table of Hourly Billing Rates." PSA Amendment 5/Building Division Services -3- 3/2017 411Ikih. CITY OF CITY HALL Federal 33325 8th Avenue South 4000, Federal Way,WA 98003-6328 (253) 635-7004 avww city offederalway corn c, Fees for problem plan checks which require more than a quick third check to approve the project,when mutually agreed upon between the City and Consultant,will be based on the hourly rates listed in the "Table of Hourly Billing Rates." d. Expedited hourly reviews will be billed at one hundred and fifty percent(150%)of the hourly rates listed,contingent upon the availability of staff to perform the plan review. This additional fee can be charged directly to the permit applicant at the request of the City. TABLE OF HOURLY BILLING RATES CLASSIFICATION HOURLY BILLING RATE Building Plans Examiner $95.00 Plan Review Engineer $120.00 Fire Plans Examiner $105.00 Permit Technician $65.00 PSA Amendment 5/Building Division Services -4- 3/2017 / te „-----"""1 ^7 ® r \`'' DATE(MM/DD/YYY1� ARL CERTIFICATE OF LIABILITY INSURANCE a/24/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dealey, Renton&Associates PHONE Alison Olsen FAX P.0. Box 12675 (A/C.No,Ext):510-465-3090 (A/c.No):510-452-2193 Oakland,CA 94604-2675 ADDfRESS: Insurance.Certificates@Dealeyrenton.com License#0020739 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of Ameri 25674 INSURED wESTCOAST5 INSURER B:Travelers Indemnity Co.of Connecticut 25682 West Coast Code Consultants, Inc. 19109 36th Avenue W, Suite 207 INSURER C:Continental Casualty Company 20443 Lynnwood,WA 98036 INSURER D: INSURER S: INSURER F: COVERAGES CERTIFICATE NUMBER:161823756 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 POLICY EFF POLICY EXP LIMITS LTR TYPE wvn, POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY Y Y 680007K831631 4/28/2018 4/28/2019 EACH OCCURRENCE _$2,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(EaENTED occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 ---4 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X 2?-1 LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA7K835875 4/28/2018 4/28/2019 COMBINED SINGLE LIMIT $1000 000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ $ A X UMBRELLA LIAB XOCCUR Y Y 680007K831631 4/28/2018 4/28/2019 EACH OCCURRENCE $4,000,000 — EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$10 000 $ A WORKERS COMPENSATION Y UB007K838122 4/28/2018 4/28/2019 STATUTE X KR' WA Stop Gap AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability MCH591900192 4/28/2018 428/2019 $1,000,000 per Claim $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is follow-form to underlying General Liability/Auto Liability/Employers Liability. City of Federal Way named as an additional insured as respects general&auto liability for claims arising from the operations of the named insured as required per written contract or agreement. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF FEDERAL WAY 33325 8th Ave. SO. AUTHORIZai44614-EDREPRESENTATNE Federal Way WA 98003 0,444.4_, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ZIA1 3 November 16,2015 To whom it may concern, Please accept this letter as my authorization to have Christopher Kimball,P.E.,S.E:,sign contract on behalf of West Coast Code Consultants,Inc. We thank you for your business and look forward to working with you. Please call me at(925)766-5600(cell)or(925)275-1700 if you have any questions. Respectfully, n A.Senaratne,S.E.,P.E.,LEED AP,CASp Principal/CEO West Coast Code Consultants,Inc. 2400 Camino Ramon,Suite 240,San Ramon, CA 94583 T/925.275.1700 • F/925.275.0600 www.WC-3.com II RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT./DIV: CD/BLDG 2. ORIGINATING STAFF PERSON: SPROUL/PIETY EXT: 2601 3. DATE REQ.BY: DEC 13,2017 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 IN CONTRACT AMENDMENT(AG#): 13-078 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: BUILDING DIVISION SERVICES 6. NAME OF CONTRACTOR: WEST COAST CODE CONSULTANTS,INC ADDRESS: 908 W GORDON AVE,STE 201,LAYTON,UT 84041 TELEPHONE (801)547-8133 E-MAIL: CHRISK( ,wC-3.COM FAX: (801)820-9089 SIGNATURE NAME: CHRIS KIMBALL,PE,MCP,CBO TITLE: REGIONAL MANAGER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑x INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS © PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: JANUARY 1,2018 COMPLETION DATE: DECEMBER 31,2019 9. TOTAL COMPENSATION$ NO CHANGE--$500.000 (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,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE i) J PURCHASING: PLEASE CHARGE TO: 001-5200-074-558-50-410 10. DOCUMENT/CONTRACT REVIEW I ,TIAL/D,TE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER J (7.. ' ❑ DIRECTOR ❑ RISK MANAGEMENT OF APPLICABLE) ❑ LAW /(/ ( 7 - - - 11. COUNCIL APPROVAL OF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) I IAL/DATE SIGNED ❑ LAW„DEPARTMENT �In' _ at `] GNATORY(MAYOR OR DIRECTOR) 4.� fir ❑ CITY CLERK .41 IA - • ASSIGNED AG# AG# L2:2:112*. ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: 5 4,2 l 1161 w.G �{h s 1a � c 6 P a Mil 7 CITY OF CITY HALL Federal Way 3335 8th Avenue South Federal 8th Way,WA 98003-6325 (253) 835-7000 sys-s'w crtwftederanvc y corn AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation("City"),and West Coast Code Consultants,Inc.,a California"S"corporation("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Building Division Services ("Agreement") dated effective April 19, 2013, and as amended by Amendments Nos. 1, 2, and 3 as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2019 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] Amendment#4 to West Coast Code Consultants/Eagle Eye Consulting/AG13-078 -1- Rev.3/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South 3332r Federal�,h A A South 325 (25 3) 835-7000 sw �vr voffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: BY: /, i/��1 4,i/ Ji P ell, ayor S '-:h D ie Courtney, C, City Clerk DATE: I g % a--- /� APPROVED AS TO FORM: l!ff -�p(J. Ryan Call, City Attorney WEST COAST CODE CONSULTANTS INC.: BY: C is Kimba 1, 9E, MCP, CBO, Regional Manager DATE: 12_/20/2-013— STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Chris Kimball, PE, MCP, CBO, to me shown to be the Regional Manager of West Coast Code Consultants, Inc. 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 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 day of_ 1 ' '' , 201 1111,, ti'Q►��N++++,,,,� �,q 1� Notary's signature s+j�,IfsIONF 4rr� .0'f`' �' o'► „ot4. �,; Notary's printed name ' r Notary Public in and for the State of Washington. i !l1 ., i 7 G64%G =_ commission expires III My co I� I� � , t y p r 1 O r u r, 0_ G s' F ,, WgSH 04 Amendment#4 to West Coast Code Consultants/Eagle Eye Consulting/AG 13-078 -2- Rev.3/2017 I "...----*"."11 ® DATE(MM/DD/YYYY) A�D CERTIFICATE OF LIABILITY INSURANCE 12/7/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marie Swaney Dealey, Renton&Associates PHONE FAX 199 S Los Robles Ave Ste 540 (A/C.No.Ext):626-844-3070 (A/C,No): Pasadena, CA 91101 ADDRESS: mswaney©dealeyrenton.com Lic#0020739 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Accident&Indemnity 22357 INSURED WESTCOASTS INSURER B:Hartford Fire Ins.Co. 19682 West Coast Code Consultants, Inc 19109 36th Avenue W INSURER c:Trumbull Insurance Company 27120 Suite 207 INSURER D:Continental Casualty Company Lynnwood,WA 98036 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:868165049 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 POLICY EFF POLICY EXP LIMITS LTR INSD MD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y Y 57SBARI7696 4/28/2017 4/28/2018 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTE CLAIMS-MADE X OCCUR PREMISES(Ea occur ence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: Deductible $0 C AUTOMOBILE LIABILITY Y 57UEGZM2523 4/28/2017 4/28/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1.000.000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS )---T- AUTO AWNED (Per accidentDAMAGE $ B X UMBRELLA LIAB X OCCUR Y V 57SBARI7696 4/28/2017 4/28/2018 EACH OCCURRENCE $4,000,000 ; EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DOD X RETENTION$10 000 $ A WORKERS COMPENSATION 57WEGKU8419 4/28/2017 4/28/2018 STATUTE X TH- OT AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 _ D Professional Liability MCH591900192 4/28/2017 4/28/2018 $1,000,000 per claim $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Employer's Liability/WA Stop Gap applies to WC Policy#57WEGKU8419. Umbrella Policy is follow form to underlying Policies:GL/Auto Liabililty/Employers Liability. City of Federal Way named as an additional insured as respects general&auto liability for claims arising from the operations of the named insured as required per written contract or agreement,per the Blanket Business Liability Coverage Policy Form SSOO 08 04 05,attached CERTIFICATE HOLDER CANCELLATION 30 Day Notice SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF FEDERAL WAY AUTHORIZED REPRESENTATIVE 33325 8th Ave. So. 04/14 'Federal Way WA 98003 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Policy Number:57SBARI7696 EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s)or organization(s)identified in Paragraphs a.through f. below are additional insureds when you have agreed, in a written contract,written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for"bodily injury, "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c)In connection with"your work"and included within the"products-completed operations hazard, but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for"bodily injury"or"property damage" included within the"products-completed operations hazard. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: "Bodily injury, "property damage"or"personal and advertising injury" arising out of the rendering of,or the failure to render,any professional architectural, engineering or surveying services, including: inspection,or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured,this insurance applies: a.As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery(Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments,we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Policy Number: 57UEGZM2523 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED - of partnership or joint venture, formed as a Section I I - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under p the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The"auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or"property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011, The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident The most or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2) above; or ©2011, The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the time of"loss", is: an "accident" applies only when the"accident"is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. 'bodily injury" or "property damage" is determined in a "suit,"the "suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric S - CANCELLATION - applies motors to move the auto, or the internal CONDITIONS Ts follows: combustion engine to charge one or more electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 5 of 5 .114: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 57 WEG KU8419 Endorsement Number: Effective Date: 04/28/17 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: WEST COAST CODE CONSULTANTS 2400 CAMINO RAMON STE 240 SAN RAMON, CA 94583 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION I 2 B. Part One Does Not Apply 3 PARTS ONE and TWO 2 C. Application of Coverage 3 01 We Will Also Pay 2 D. Additional Exclusions 3 PART-THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART-SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Cancellation 2 Hazards 05 Liberalization 2 03 Foreign Voluntary Compensation 4 SECTION II 2 A. How This Reimbursement Applies 4 VOLUNTARY COMPENSATION INSURANCE 2 B. We Will Reimburse 4 06 Voluntary Compensation Insurance C. Exclusions 4 A. How This Insurance Applies 2 D. Before We Pay 4 B. We Will Pay 2 E. Recovery From Others 5 C. Exclusions 3 F. Reimbursement For Actual Loss 5 D. Before We Pay 3 Sustained E. Recovery From Others 3 G. Repatriation 5 F. Employers' Liability Insurance 3 H. Endemic Disease 5 EMPLOYERS'LIABILITY STOP GAP 3 04 Longshore and Harbor Workers' 5 ENDORSEMENT 3 Compensation Act Coverage 07 Employers' Liability Stop Gap Endorsement Coverage 3 SECTION III 6 A. Stop Gap Coverage Limited to 01 Schedule of Covered States 6 Montana, North Dakota, Ohio, 3 Washington, West Virginia and Wyoming Form WC 99 03 11 C Printed in U.S.A. (Ed. 8/00) Page 1 of 6 Process Date: 03/10/17 Policy Expiration Date: 04/28/18 ©2000, The Hartford SECTION I PARTS ONE and TWO the Information Page, coverage will not be 1. WE WILL ALSO PAY afforded for that state unless we are notified D. We Will Also Pay of Part One (WORKERS" within sixty days. COMPENSATION INSURANCE); and PART SIX E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the 3. Transfer Of Your Rights and Duties following: C. Transfer Of Your Rights and Duties of Part 6 We Will Also Pay (Conditions) is replaced by the following: We will also pay these costs, in addition to Your rights or duties under this policy may not other amounts payable under this insurance, be transferred without our written consent. as part of any claim, proceeding, or suit we If you die and we receive notice within sixty defend: days after your death, we will cover your legal 1. reasonable expenses incurred at our representative as insured. request, INCLUDING loss of earnings; 4. Cancellation 2. premiums for bonds to release Paragraph 2. of D. Cancellation of Part 6 attachments and for appeal bonds in bond (Conditions) is replaced by the following: amounts up to the limit of our liability under this insurance; 2. We may cancel this policy. We must mail or 3. litigation costs taxed against you; deliver to you not less than 15 days advance written notice stating when the cancellation is 4. interest on a judgment as required by law to take effect. Mailing that notice to you at until we offer the amount due under this your mailing address shown in Item 1 of the law; and Information Page will be sufficient to prove 5. expenses we incur. notice. 5. Liberalization PART THREE If we adopt a change in this form that would 2. How This Insurance Applies broaden the coverage of this form without extra Paragraph 4. of A. How This Insurance Applies charge, the broader coverage will apply to this of Part 3 (Other States Insurance) is replaced by policy. It will apply when the change becomes the following: effective in your state. 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' 2. The bodily injury must arise out of and in LIABILITY COVERAGE the course of employment or incidental to 6. Voluntary Compensation Insurance work in a state shown in Item 3.A. of the Information Page. A. How This Insurance Applies 3. The bodily injury must occur in the United This insurance applies to bodily injury by States of America, its territories or accident or bodily injury by disease. Bodily possessions, or Canada, and may occur injury includes resulting death. elsewhere if the employee is a United 1. The bodily injury must be sustained by any States or Canadian citizen, or otherwise officer or employee not subject to the legal resident, and legally employed, in the workers' compensation law of any state United States or Canada and temporarily shown in Item 3.A. of the Information away from those places. Page. Form WC 99 03 11 C Printed in U.S.A. (Ed. 8/00) Page 2 of 6 4. Bodily injury by accident must occur keep an amount equal to our expenses of during the policy period. recovery and the benefits we paid. We will 5. Bodily injury by disease must be caused pay the balance to the persons entitled to it. If or aggravated by the conditions of the the persons entitled to the benefits of this officer's or employee's employment. The insurance make a recovery from others, they officer's or employee's last day of last must reimburse us for the benefits we paid exposure to the conditions causing or them. aggravating such bodily injury by disease F. Employers'Liability Insurance must occur during the policy period. Part Two (Employers' Liability Insurance) B. We Will Pay applies to bodily injury covered by this We will pay an amount equal to the benefits endorsement as though the State of that would be required of you as if you and Employment was shown in Item 3.A. of the your employees were subject to the workers' Information Page. compensation law of any state shown in Item This provision 6. does not apply in New Jersey or 3.A. of the Information Page. We will pay Wisconsin. those amounts to the persons who would be EMPLOYERS' LIABILITY STOP GAP COVERAGE entitled to them under the law. C. Exclusion 7. Employers'Liability Stop Gap Coverage This insurance does not cover: A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and 1. any obligation imposed by workers' Wyoming. compensation or occupational disease law or any similar law. B. Part One (Workers' Compensation Insurance) 2. bodily injury intentionally caused or does not apply to work in states shown in aggravated by you. Paragraph A above. 3. officers or employees who have elected C. Part Two (Employers' Liability Insurance) not to be subject to the state workers' applies in the states, shown in Paragraph A., compensation law. as though they were shown in Item 3.A. of the Information Page. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, D. Part Two, Section C. Exclusions is changed Partners, Officers and Others Coverage by adding these exclusions. Endorsement. This insurance does not cover; D. Before We Pay 5. bodily injury intentionally caused or Before we pay benefits to the persons entitled aggravated by you or in Ohio bodily injury to them, they must: resulting from an act which is determined 1. Release you and us, in writing, of all by an Ohio court of law to have been responsibility for the injury or death. committed by you with the belief than an injury is substantially certain to occur. 2. Transfer to us their right to recover from However, the cost of defending such others who may be responsible for the claims or suits in Ohio is covered. injury or death. 3. Cooperate with us and do everything 13. bodily injury sustained by any member of necessary to enable us to enforce the right the flying crew of any aircraft. to recover from others. 14. any claim for bodily injury with respect to If the persons entitled to the benefits of this which you are deprived of any defense or insurance fail to do those things, our duty to defenses or are otherwise subject to pay ends at once. If they claim damages from penalty because of default in premium you or from us for the injury or death, our duty under the provisions of the workers' to pay ends at once. compensation law or laws of a state shown in Paragraph A. E. Recovery From Others E. This insurance applies to damages for which If we make a recovery from others, we will you are liable under West Virginia Code Annot. S 23-4-2. Form WC 99 03 11 C Printed in U.S.A. (Ed. 8/00) Page 3 of 6 r - EXTENDED OPTIONS 1. Employers'Liability Insurance 3. Bodily injury by accident must occur Item 3.B. of the Information Page is replaced by during the policy period. the following: 4. Bodily injury by disease must be caused B. Employers'Liability Insurance: or aggravated by the conditions of your employment. The officer or employee's 1. Part Two of the policy applies to work in last exposure to those conditions of your each state listed in Item 3.A. employment must occur during the policy period. The Limits of Liability under Part Two are B. We Will Reimburse the higher of: We will reimburse you for all amounts paid by you whether such amounts are: Bodily Injury by Accident $500,000 Each Accident 1. voluntary payments for the benefits that would be required of you if you and your Bodily Injury officers or employees were subject to any B By Disease $500,000 Policy Limit workers' compensation law of the state of hire of the individual employee. Bodily Injury 2. sums to which Part Two (Employers' by Disease $500,000 Each Employee Liability Insurance) would apply if the Country of Employment were shown in OR Item 3.A. of the Information Page. C. Exclusions 2. The amount shown in the Information This insurance does not cover: Page. 1. any occurrences in the United States, This provision 1 of EXTENDED OPTIONS does not Canada, and any country or jurisdiction apply in New York because the Limits Of Our which is the subject of trade or economic Liability are unlimited. sanctions imposed by the laws or regulations of the United States of In this provision the limits are changed from $500,000 to $1,000,000 in California. America in effect as of the inception date of this policy. 2. Unintentional Failure to Disclose Hazards 2. any obligation imposed by a workers' If you unintentionally should fail to disclose all compensation or occupational disease existing hazards at the inception date of your law, or similar law. policy, we shall not deny coverage under this 3. bodily injury intentionally caused or policy because of such failure. aggravated by you. 3. Foreign Voluntary Compensation and 4. liability for any consequence, whether Employers' Liability Reimbursement direct or indirect, of war, invasion, act of A. How This Reimbursement Applies Foreign enemy, hostilities (whether war be This reimbursement provision applies to bodily declared or not), civil war, rebellion, injury by accident or bodily injury by disease. revolution, insurrection or military or Bodily injury includes resulting death. usurped power. No endorsement now or subsequently attached to this policy shall 1. The bodily injury must be sustained by an be construed as overriding or waiving this officer or employee. limitation unless specific reference is 2. The bodily injury must occur in the course made thereto. of employment necessary or incidental to D. Before We Pay work in a country not listed in Exclusion C.1. of this provision. Before we reimburse you for the benefits to Form WC 99 03 11 C Printed in U.S.A. (Ed. 8/00) Page 4 of 6 the persons entitled to them, you must have 2. in the event of death, to the amount by them: which such expenses exceed the normal 1. release you and us, in writing, of all cost of returning the officer or employee if responsibility for the injury or death, alive and in good health. 2. transfer to us their right to recover from In no event shall our reimbursement exceed others who may be responsible for their the bodily injury by accident limit shown in injury or death, Item 3.B. of the Information Page as respects any one such officer or employee whether 3. cooperate with us and do everything dead or alive. necessary to enable us to enforce the right to recover from others. H. Endemic Disease If the persons entitled to the benefits paid fail The word "disease" includes any endemic to do these things, our duty to reimburse ends diseases. at once. If they claim damages from us for the The coverage applies as if endemic diseases injury or death, our duty to reimburse ends at were included in the provisions of the workers' once. compensation law. E. Recovery From Others 4. Longshore and Harbor Workers' Compensation If we make a recovery from others, we will Act Coverage keep an amount equal to our expenses of General Section C. Workers' Compensation recovery and the benefits we reimbursed. We Law is replaced by the following: will pay the balance to the persons entitled to C. Workers'Compensation Law it. If persons entitled to the benefits make a recovery from others, they must repay us for Workers' Compensation Law means the the amounts that we have reimbursed you. workers or workers' compensation law and occupational disease law of each state or F. Reimbursement for Actual Loss Sustained territory named in Item 3.A. of the Information This endorsement provides only for Page and the Longshore and Harbor Workers' reimbursement for the loss you actually Compensation Act (33 USC Sections 901- sustain. In order for you to recover loss or 950). It includes any amendments to those expenses under this reimbursement you must: laws that are in effect during the policy period. 1. actually sustain and pay the loss or It does not include any other federal workers expense in money after trial, or or workers' compensation law, other federal 2. secure our consent for the payment of the occupational disease law or the provisions of loss or expense. any law that provide nonoccupational disability benefits. G. Repatriation Part Two (Employers' Liability Insurance), C. Our reimbursement includes the additional Exclusions, exclusion 8, does not apply to expenses of repatriation to the United States work subject to the Longshore and Harbor of America necessarily incurred as a direct Workers' Compensation Act. result of bodily injury. This coverage does not apply to work subject Our reimbursement shall be limited as follows: to the Defense Base Act, the Outer 1. to the amount by which such expenses Continental Shelf Lands Act, or the exceed the normal cost of returning the Nonappropriated Fund Instrumentalities Act. officer or employee if in good health, or Form WC 99 03 11 C Printed in U.S.A. (Ed. 8/00) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES B. If a state, shown in Item 3.A. of the Information A. This endorsement only applies in the states Page, approves this endorsement after the listed in this Schedule of Covered States. effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. C. Schedule of Covered States: UT Countersigned by ! „IX°. Authorized Representative Form WC 99 03 11 C Printed in U.S.A. (Ed. 8/00) Page 6 of 6 November 16,2015 To whom it may concern, Please accept this letter as my authorization to have Christopher Kimball,P.E.,S.E.,sign contract on behalf of West Coast Code Consultants,Inc. We thank you for your business and look forward to working with you. Please call me at(925)766-5600(cell)or(925)275-1700 if you have any questions. Respectfully, dA.n Senaratne,S.E.,P.E.,LEED AP,CASp Principal/CEO West Coast Code Consultants, Inc. 2400 Camino Ramon,Suite 240,San Ramon,CA 94583 T/925.275.1700 • F 1 925.275.0600 www.WC-3.com I I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: CD /BLDG DIVISION 2. ORIGINATING STAFF PERSON: T1NA/SCOTT 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): 13 -078 ❑ OTHER EXT: 2601 3. DATE REQ. BY: DECEMBER 11, 2015 G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: BUILDING DIVISION SERVICES 6. NAME OF CONTRACTOR: WEST COAST CODE CONSULTANTS, INC. ADDRESS: 908 W GORDON AVE, STE 201, LAYTON, UT 84041 TELEPHONE _(801) 547 -8133 E -MAIL: chrislawc -3. com FAX: (801) 820 -9089 SIGNATURE NAME: CHRIS KIMBALL, PE, MCP, CBO TITLE REGIONAL MANAGER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS © PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT /AMENDMENTS ORIGINAL: APRIL 19, 2013, 1ST AMEND: JANUARY 1, 2014 8. TERM: COMMENCEMENT DATE: 2ND AMEND JUNE 2014 COMPLETION DATE: DECEMBER 31, 2017 9. TOTAL COMPENSATION $_500,000.00_(Org at $19,999 & r Amend at $20,000 for total of $39,999)_ (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, $ PAID BY: ❑ CONTRACTOR ❑ CITY PURCHASING: PLEASE CHARGE TO: 001 -5200 - 074 - 558 -50 -410 10. DOCUMENT/CONTRACT REVIEW PROJECT MANAGER YriDIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) AL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. ONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: / 2--- /G - /J DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT CHIEF OF STAFF IGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: 4e' i o4eS 014 ft' 1 -t4 I uji I • L / TE SIGNED immunnem AG# /3-0 78 C DATE SENT: /a --- i-- /`j 11/9 CITY OF 44L■ Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Amendment ( "Amendment No. 3 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and West Coast Code Consultants, Inc., a California "S" corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Building Division Services ( "Agreement ") dated effective April 17, 2013, and as amended by Amendments Nos. 1 and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2017 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] Amendment #3 to West Coast Code Consultants /Eagle Eye Consulting /AG13 -078 -1- ko1/4 CITY OF ederal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -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 DATE: % 277/V/5.--- WEST CO ST CODE CONSULTANTS INC. s Kim ATTEST: APPROVED AS TO FORM: -Cal City Attorney, Amy Jo Pearsall By: C Kimball, PE, CP, CBO, Regional Manager Date: iZ //0 /205— STATE OF COUNTY OF On this day personally appeared before me Chris Kimball, PE, MCP, CBO, to me shown to be the Regional Manager of West Coast Code Consultants, Inc. 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 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 2 0z 19 -�0�. Fo%%"` to fN1P WAS `��" Amendment #3 to ( *ode Consultants /Eagle Eye Consulting /AG13 -078 10 day of Notary's signature Notary's printed n Notary Public in an . or he . to ► f j JAG My commission expires O I Vi 1 -2- November 16, 2015 To whom it may concern, Please accept this letter as my authorization to have Christopher Kimball, P.E., S.E., sign contract on behalf of West Coast Code Consultants, Inc. We thank you for your business and look forward to working with you. Please call me at (925) 766 -5600 (cell) or (925) 275 -1700 if you have any questions. Respectfully, n A. Senaratne, S.E., P.E., LEED AP, CASp Principal / CEO West Coast Code Consultants, Inc. 2400 Camino Ramon, Suite 240, San Ramon, CA 94583 T / 925.275.1700 • F / 925.275.0600 www.WC -3.com 1 0, ACCORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 03/18/2015 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 Omega Pacific Insurance Solutions 1165 Scenic Drive, Suite A Modesto CA 95350 CONTACT Delina Jocson NAME: (PA"/CO "N .Exn:209- 478 -4474 FAX No): 209 - 338 -5507 A DRESS: certificates @trustomega.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Casualty Insurance Company 29424 INSURED West Coast Code Consultants, Inc Dba: Kimball Engineering Dba: Eagle Eye Consulting Engineers 2400 Camino Ramon Ste 240 San Ramon CA 94583 -4373 INSURER B : Nationwide Mutual Insurance Company 23787 INSURER C : Lloyd's of London XXXXX INSURER D : $ 2,000,000 INSURER E : $ 300,000 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 LTR TYPE OF INSURANCE ADOL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 57SBAIC7265 03/19/2015 04/28/2016 EACH OCCURRENCE $ 2,000,000 AMAGE TO PREMISES (Ea Eoccurrence) PREM $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADVINJURY 2,000,000 GENERAL AGGREGATE $ 4,000,000 GE X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO T JEC PER: LOC PRODUCTS - COMP /OP AGG $ 4,000,000 Fire Legal Liability $ BX AUTOMOBILE X LIABILITY ANY AUTO ALLOOS NED HIRED AUTOS X SCHEDULED NNCAl-O'NED N N ACPBA7844740036 10/16/2014 10/16/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ $ X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE N N 57SBAIC7265 03/19/2015 04/28/2016 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) H Yes, describe under DESCRIPTION OF OPERATIONS below Y I N N / A STATUTE ER OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Professional Liability N N ANE109990914 04/28/2014 04/28/2015 Each occurrence - $1,00,0 General Aggregate- $2,0000,0000 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. City of Federal Way is named as Additional Insured per the Business Liability Coverage Form SS0008 attached to the policy. 30 Days Notice of Cancellation. 10 Days Cancellation Notice for Non -pay. ANCELLATION I CITY OF FEDERAL WAY 33325 8TH AVENUE SOUTH FEDERAL WAY WA 98003 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT. /DIV: CD /BLDG DIVISION 2. ORIGINATING STAFF PERSON: TINA /MARTY EXT: 2601 3. DATE REQ. BY: _JUNE 18, 2014 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 Z CONTRACT AMENDMENT (AG #): 13 -078 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: BUILDING DIVISION SERVICES 6. NAME OF CONTRACTOR: WEST COAST CODE CONSULTANT. INC. DBA EAGLE EYE CONSULTING ENGINEERS ADDRESS: _13005 LALA COVE LANE, OLALLA, WA 98359 TELEPHONE (206) 356 -7790 E -MAIL: FAX:_(9251275 -0600 SIGNATURE NAME: HOYT JETER TITLE NW REGIONAL MANAGER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES El COMPENSATION ❑x INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES El PRIOR CONTRACT /AMENDMENTS ORIGINAL: APRIL 19, 2013 8. TERM: COMMENCEMENT DATE: _IST AMEND: JANUARY 1, 2014 COMPLETION DATE: DECEMBER 31, 2015 9. TOTAL COMPENSATION $ 500,000.00 (Ora at $19 999 & 19 Amend at $20,000 for total of $39.999 _ (INCLUDE EXPENSES AND SALES TA), 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, $ PAID BY: ❑ CONTRACTOR ❑ CITY 1] PURCHASING: PLEASE CHARGE TO: Pass - Through Account / See Back for Account Numbers 10. D CUMENT /CONTRACT REVIEW INI IA / D REVIEWED ROJECTMANAGER (l- ZOf DIRECTOR " ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW L — 1 � COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ,( ENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ,ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT CHIEF OF STAFF 1GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: to 11/9 to Account Numbers: Revenue: 001- 0000 - 074 - 345 -83 -003 Deposit: 001- 0000 - 000 - 239 -10 -007 Expenditure: 001 -5200- 079 - 558 -50 -410 v ` CITY OF CITY HALL ,., Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ct"ffederalway com AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and West Coast Code Consultant, Inc. DBA Eagle Eye Consulting Engineers, a California "S" Corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for plan review, inspection services, and training services ( "Agreement ") dated effective April 17, 2013, and as amended by Amendment No. 1, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "A -2," 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 an attached Exhibit, 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. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] Amendment #2 to AG13 -078 - I - June 2014 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffederahaay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: 0-,70 J' e 1, Mayor Date: (U ATTEST: CAI) XQ� M-Qf � tip t City Clerk, Carol McNeilly, C C APPROVED AS TO FORM: Interim City Attorney, Amy Jo Pearsall WEST COAST CODE CONSULTANT, INC. DBA EAGLE EYE CONSULTING ENGINEERS By: Hoyt D. Jeter, orthwest Regional Manager Date: WZ 6j STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me Hoyt D. Jeter, to me shown to be the Northwest Regional Manager of West Coast Code Consultant, Inc. DBA Eagle Eye Consulting Engineers 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 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 Z<*- day o , 2014. 010 �' �!`'�i f�p i ugo 10 Nit 3,19.N nr A, Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires O — /°! -20j Amendment #2 to AG13 -078 - 2 - June 2014 CITY OF CITY HALL A%;, 33325 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I Way (253) 835 -7000 www cityoffederamW com EXHIBIT A -2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Four Hundred Sixty Thousand One and 00 /100 Dollars ($460,001.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Five Hundred Thousand and 00 /100 Dollars ($500,000.00). 2. Method of Compensation: 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, the calculated fixed fee, 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. 3. Method of Establishing Fixed Fees and Hourly Plan Review Charges: a. In order to calculate the Contractor's fee for plan review, the Contractor shall apply a percentage of the City's calculated plan review fee as specified in Table 1. When the number of recheck reviews exceeds two, the hourly rate specified in Table 2 shall be applied. The City must be notified by the Contractor in advance of the accrual of hourly charges. The Contractor will estimate the number of hours needed to complete the review and may not proceed without first receiving authorization by the City's Building Official, or his/her designee. b. Experience and judgment shall be applied by the City in order to determine valuation for conventional projects where a clearly defined floor area is identified. The Contractor and City shall agree on valuation prior to beginning plan review based on the applicant's valuation, a detailed bid, or other estimating methods. c. Experience and judgment shall be applied by the City in order to determine valuation for commercial tenant improvements and unconventional projects, such as foundation repairs, retaining walls, etc., or where a clearly defined added floor area is not identifiable. The Contractor and City shall agree on the valuation prior to beginning plan review for such projects, based on the applicant's valuation, a detailed bid, or other estimating methods. d. Shop drawings, change orders, the review of special inspection reports, and deferred submittal review shall be reviewed on an hourly basis using the hourly plan review rates specified in Table 1. Amendment #2 to AG13 -078 - 3 - June 2014 CITY OF CITY HALL ,.�,,,,.., Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cf"ffederahvay.. com Table 1 BUILDING CODEREVIEW FEE SIRUCIURE Commercial/Multi-Family, Non - Structural Fire /Life Safety, and Structural Review Unl Valuation of Construction Plan Review Fee Hourly Plan Review Rate (% of Building Division Review Fee) I (Review in Excess of Two) To $2,500,000 1 70% 1 $110 I To $10,000,000 1 50% 1 $110 1 Commercial/Multi- Family, Non - Structural Fire/Life Safety, Cinole- Family_ Full Review Valuation of Construction Plan Review Fee (% of Building Division Review Fee) Hourly Plan Review Rate (Review in Excess of Two) 11 vlatio 50% '- its? 4. Method of Establishing Hourly Rates for Inspection, Training, or other Services: The Contractor maybe requested to provide additional services. The scope of services may include on -call as- needed inspection, consulting training, permit processing, or similar work not included as plan review. When requested by the City, the Contractor will provide an estimate of hours or a fixed fee for services proposed. The Contactor' s hourly rate for inspection, training, or other services shall use the rates prescribed in Table 2, or may be separately negotiated on a fixed fee basis as mutually agreed by the Contractor and the City. Amendment #2 to AG13 -078 - 4 - June 2014 CITY OF Federal Way Table 2 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 avww atyoffederahvay. com Hourly Rate Schedule Used for Inspection, Training, or Other Services Personnel Description Hourly Billing Rates Principal $140 Building Official $120 Professional Engineer $110 Architect $110 Certified Code Review Personnel $100 Certified Inspector $85 Electrical Specialty $95 Permit Technician $60 Administration Support $45 5. Reimbursable Expenses: The Contractor may submit a voucher or invoice for reimbursable expenses using Table 3. Actual cost without mark -up shall be documented. The actual customary and incidental expenses incurred by the contractor in performing the Services shall include postage, UPS/FedEx, incidental copy charges, and other reasonable costs; provided however, that such costs shall be deemed reasonable at the City's sole discretion. Table 3 Reimbursable Cost Mileage Current IRS Rate Reimbursable Expenses Actual Cost Without Mark -Up Amendment #2 to AG13 -078 - 5 - June 2014 WESTC -3 OP II CERTIFICATE OF LIABILITY INSURANCE D0310612lY 03/06/201 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND .CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORli 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, subjec the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME, Gary Rossi Rossi 8 Ward insurance Service PHONE FAx Pacific Interstate Ins Brokers Arc No Ext:209�78 4474 AI No:209- 478 -44& P. O. Box 7037 EMAIL Stockton, CA 95267 ADDRESS Gary Rossi INSURE S AFFORDING COVERAGE NAI' INSURER A: Hartford Casuatty Insurance Co 29424 INSURED West Coast Code Consultant Inc INsuRER s: Nationwide Mutual Ins Co 23787 dba; Kimball Engineering dba; Eagle Eye Consulting INSURER C: Lloyds of London Engineers INSURER D: 2400 Camino Ramon Ste. 240 San Ramon, CA 94583 -4373 INSURER E : INSURERS oovecrnra ur IRMCD. to v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEF IOD HIS MS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS $HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE L '�: POLICY NUMBER MM D EFF PO CY EXP VIM GENERAL LIABILITY - EACH OCCURRENCE PREMISES Ea occurrence A X COMMERCIAL GENERAL LWBILT(Y 57SBAIC7265 03/19/2014 03/19/2015 MED EXP (Arty one person) 4$2,0 CLAIMS -WADE a OCCUR PERSONAL & ADV INJURY GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP AGG $ 17 POLICY PRO- LOC El AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ B ANY AUTO ACP BA 7834740036 10/16/2013 10/16/2014 BODILY INJURY (Per accident) $ to 30,00q ALL OWNED SCHEDULED X AUTOS AUTOS NON -OWNED HIREDAUTOS A I PER DEGE $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 3,0 010,00j AGGREGATE $ A EXCESS LIAS CLAIMS -MADE 57SBAI;C7265 03119/2014 03/19/2015 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNFRIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA i T WC STATU- OTH- tIM1T —]-TORY EL EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LI— $ if yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab ANE 1099909 -13 04/28/2013 04/28/2014 Each Occu 1,C DO,000 Aggregate 2,11 DO,000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (AWOh ACORD 901, Additional Remarks Schedule, if more space is required) CITY OF FEDERAL WAY IS NAMED AS ADDITIONAL INSURED PER ATTACHEDFORM SS 00 08 04 05 TO THE POLICY. CITYFED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEI ORE CITY OF FEDERAL WAY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VATH THE POLICY PROVISIONS. 33325 8TH AVENUE SOUTH FEDERAL WAY, WA 98003 AUTHORIZED REPRESEN Gary Rossi ©1988 -2010 ACORCVC.ORPORATION. All rights rese ed. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by-limits. Under this method, each insurer's share is based on the ratio of its .applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 i Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these G rantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, - t heir liability as grantor of franchise to you. Paragraph-6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such the person(s) or organization(s) shown in the person(s) or organization(s). Declarations, but only with respect to liability for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured. - Owners Or Other operations; or Interests From Whom •Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to "include as an additional insured the person(s) or organization(s) Of Premises shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision — Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following- distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2 ) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product - completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees : or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions _contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property (ii) Such inspections, damage" included within the "products- ". adjustments, tests or servicing completed operations hazard the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes m subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors - - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional i nsured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard ", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that Js,, ,given,, coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products- completed operations ". a. The design, printed material, information hazard or images contained in, on or upon . the b., With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance_ products; or does not apply to "bodily injury", "property b. An interactive conversation between or, damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement ". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi- trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment ". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- sustained by a person and, if arising out of the Owner Of Insured Premises, but only with respect to their liability as co -owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: 2. ORIGINATING STAFF PERSON: PIETY /GILLIS EXT: 2601 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 • REAL ESTATE DOCUMENT ❑ ORDINANCE I] CONTRACT AMENDMENT (AG #): 13 -078 ❑ OTHER 5. PROJECT NAME: BUILDING DIVISION SERVICES • HUMAN SERVICES / CDBG • SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • RESOLUTION ❑ INTERLOCAL 6. NAME OF CONTRACTOR: WEST COAST CODE CONSULTANT INC. DBA EAGLE EYE CONSULTING ENGINEERS ADDRESS: 13005 LALA COVE LANE, OLALLA, WA 98359 TELEPHONE (206) 356 -7790 E -MAIL: HOYTna EECE- wc3.coM FAX: (925) 275 -0600 SIGNATURE NAME: HOYT JETER TITLE NORTHWEST REGIONAL MANAGER 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES i] COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT /AMENDMENTS or, not : �(- I'l -13 8. TERM: COMMENCEMENT DATE: JANUARY 1, 2014 - [ St hMo1 )MPLETION DATE: _DECEMBER 31.2015 9. TOTAL COMPENSATION $ 39,999 (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, $ PAID BY: ❑ CONTRACTOR ❑ CITY IF] PURCHASING: PLEASE CHARGE TO: Pass - Through Account/ See Back' c{' 441A In c.,4IIII0 10. DOCUMENT /CONTRACT REVIEW INITIAL/DATER l� 6 INITIAL/ DATE APPROVED ❑ ECT MANAGER RECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW a 3 - cS li yloij 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. C PNTRACT SIGNATURE ROUTING 2 T TO VENDOR/CONTRACTOR DATESENT: 7��z� �� DATEREC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE URTIFICATE, LICENSES, EXHIBITS RAMADAN ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF ,.P- StGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# • SIGNED COPY RETURNED COMMENTS: Contractor will bring updated insurance certificate when he comes in to sign 3 —1'ef—zdi�6 11/9 — — I Revenue: 001- 0000 - 074 - 345 -83 -003 Deposit: 001- 0000 - 000 - 239 -10 -007 Expenditure: 001 -5200- 079 - 558 -50 -410 ` CITY OF CITY HALL ,,_ , Federal 33325 8th Avenue South Way Federal Way, WA 98003 -6325 (253) 835 -7000 vAvw cityoffederahvay. com AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Amendment ( "Amendment No. l ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and West Coast Code Consultant, Inc. DBA Eagle Eye Consulting Engineers, a California "S" Corporation ( "Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for plan review, inspection services, and training services ( "Agreement ") dated effective April 17, 2013: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2015 ("Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "A -1," 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 Amended Term. Except as otherwise provided in an attached Exhibit, 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. 3. GENERA PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] Amendment #1 to AG13 -078 - 1 - December 2013 CITY OF CITY HALL 33325 , 44 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cdyo ffederaf way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: 4 G/Z,�X76 Paiffck Doherty, it r Community & Economic Development ATTEST: CaAA fy)m 0jo-M City Clerk, Carol Mc eilly CM DATE: Al, /;0 APPROVED AS TO FORM: 1 meri " City Attu y, dry► N a � OLQ WEST COAST CODE CONSULTANT, INC. DBA EAGLE EYE CONSULTING ENGINEERS By Hoyt D. leter, NoAwest Regional Manager DATE: y // ob STATE OF WASHINGTON ) ss. COUNTY OF let On this day personally appeared before me Hoyt D. Jeter, to me shown to be the Northwest Regional Manager of West Coast Code Consultant, Inc. DBA Eagle Eye Consulting Engineers 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 was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ,ijWQj my hand and official seal this f_� day of , 20� FORA J `�,,� O haioN' , ��s T �'4,,� �'�.,� Notary's signature sc°$ ?� �R'`,°,§ Notary's printed name ��- ,�� s Notary Public in and for the State of Washington. Z N'Y ��'�, �� 8 per_ My commission expires � — Amendment #1 to AG 13-078 - 2 - December 2013 ` CITY OF CITY HALL ,. Federal Way Feder 8th Avenue South Federal Way, bVA 98003 -6325 (253)83 -7000 ww. vv c/4 o ederalway coin EXHIBIT A -1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Twenty Thousand and 00 /100 Dollars ($20,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Thirty Nine Thousand Nine Hundred Ninety-Nine and 00 /100 Dollars ($39,999.00). 2. Method of Compensation: 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, the calculated fixed fee, 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. 3. Method of Establishing Fixed Fees and Hourly Plan Review Charges: a. In order to calculate the Contractor's fee for plan review, the Contractor shall apply a percentage of the City's calculated plan review fee as specified in Table 1. When the number of recheck reviews exceeds two, the hourly rate specified in Table 2 shall be applied. The City must be notified by the Contractor in advance of the accrual of hourly charges. The Contractor will estimate the number of hours needed to complete the review and may not proceed without first receiving authorization by the City's Building Official, or his/her designee. b. Experience and judgment shall be applied by the City in order to determine valuation for conventional projects where a clearly defined floor area is identified. The Contractor and City shall agree on valuation prior to beginning plan review based on the applicant's valuation, a detailed bid, or other estimating methods. c. Experience and judgment shall be applied by the City in order to determine valuation for commercial tenant improvements and unconventional projects, such as foundation repairs, retaining walls, etc., or where a clearly defined added floor area is not identifiable. The Contractor and City shall agree on the valuation prior to beginning plan review for such projects, based on the applicant's valuation, a detailed bid, or other estimating methods. d. Shop drawings, change orders, the review of special inspection reports, and deferred submittal review shall be reviewed on an hourly basis using the hourly plan review rates specified in Table 1. Amendment #1 to AG13 -078 - 3 - December 2013 'Ift 400�4'1 CITY OF Way CITY HALL 33325 8th Avenue South Federal Way, VVA 98003 -6325 (253) 835 -7000 wmw cityoffederaiway. com Table 1 BURmM CUDEREV1EWFEESIRUCIURE Commercial/Multi- Family. Non - Structural Fire/Life Safety, and Structural Review Only Valuation of Construction Plan Review Fee Hourly Plan Review Rate (% of Building Division Review Fee) (Review in Excess of Two) N`34+ g E�'� -: � o � u� t > ti ..�''... 4i^ ','b 3 .,a4+. �. To $2,500,000 70% $110 0� ; x1l1W -2 '4 ar 4� �.` ,c .rt i:. } f.;r m�g 3. - Yax .1" w.? 3� '�L .Y+€ q 1F Z `"S..,Y.; -e ,.Y !i'.� ,. .,i°iL°ie To $10,000,000 50% $110 e IM ..�g ;c4`,feral�j�. 1.k t Neotiatecl%- tlM x !v$10� s� 4 Commercial/Multi- Family, Non - Structural Fire/Life Safety, MechanicaL Plumbing. or Structural Review 0n1v Valuation of Construction Plan Review Fee Hourly Plan Review Rate ( %. of Building Division Review Fee) (Review in Excess of Two)' N`34+ g E�'� -: � o � u� �,.='4' A..;010M To $2,500,000 45% $110 l 1; X", ;a _0 To $10,000,000 35% $110 '' Neotiatecl%- tG30 x !v$10� s� 4 Sinele-Familv Full Review Valuation of Construction Plan Review Fee Hourly Plan Review Rate (% of Building Division Review Fee) (Review in Excess of Two) A..;010M 4. Method of Establishing Hourly Rates for Inspection, Training, or other Services: The Contractor maybe requested to provide additional services. The scope of services may include on -call as -needed inspection, consulting training, permit processing, or similar work not included as plan review. When requested by the City, the Contractor will provide an estimate of hours or a fixed fee for services proposed. The Contactor' s hourly rate for inspection, training, or other services shall use the rates prescribed in Table 2, or may be separately negotiated on a fixed fee basis as mutually agreed by the Contractor and the City. Amendment #1 t o AG13 -078 - 4 - December 2013 5. Reimbursable Expenses: The Contractor may submit a voucher or invoice for reimbursable expenses using Table 3. Actual cost without mark -up shall be documented. The actual customary and incidental expenses incurred by the contractor in performing the Services shall include postage, UPS/FedEx, incidental copy charges, and other reasonable costs; provided however, that such costs shall be deemed reasonable at the City's sole discretion. Table 3 Reimbursable Cost Maur Current IRS Rate Re eabmuble Upeam Actual Cost Without Mark -Up Amendment #1 to AG13 -078 - 5 - December 2013 r Ip WESTC-3 OP 11): DJ CERTIFICATE, OF LIABILITY INSURANCE D031061201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T 41S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC ES 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, subjec to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to khe certificate holder in lieu of such endorsement (s). PRODUCER CONTACT Rossi & Ward Insurance Service PHONE, Ga Rossi FAX Pacific Interstate Ins Brokers ac No m : 209 -478-4474 AC No :209 -478 P. 0. Box 7037 E4WL Stockton, CA 95267 Gary Rossi INSURER(S) AFFORDING COVERAGE NAI # INSURER A: Hartford Casualty Insurance Co 29424 INSURED West Coast Code Consultant Inc INSURER B: Nationwide Mutual Ins Co 23787 dba; Kimball Engineering dba; Eagle Eye Consulting INSURER C: Lloyds of London Engineers INSURER D; 2400 Camino Ramon Ste. 240 San Ramon, CA 946834373 INSURERS: INSURER F: i.n�ICn wnGtS f'EbTICIf�ATC �rl IaaQC Q. QCVICIAai ail IaaRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFj INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEF EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IUD HIS MS, ILTR TYPE OF INSURANCE ! POLICY NUMBER M EFF EXP LIMITS A GENERAL LIANLITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X� OCCUR 57SBAIC7265 0311912014 0317912015 EACH OCCURRENCE $ 2,0)0,M PREMISES S 0, MED EXP (Any one person) $ I B+ PERSONAL & ADV INJURY $ 2,0 �� GENERAL AGGREGATE S 4, GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC PRODUCTS - COMPIOP AGG S In $ B AUTOYOWLE LIABILITY ANY AUTO X ALL OWNED SCHEDULED AUTOS NON -OWNED HIREDAUTOS AUTOS ACP BA 7834740036 :' 10/16/2013 10/16/2014 COMBINED—SINGLE MAIT IEa eccident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ 1,0 DO,M PER AC IC DEN GE $ $ A X UMBRELLA UAB EXCESS Lae X OCCUR CLAIMS -MADE 57SBAIC7265 03/19/2014 03119/2015 EACH OCCURRENCE S 3.0 M, AGGREGATE $ DIED RETENTION .s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPitIETORIPARTNER /EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) Byes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATLL 0TH• LI MITS EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Professional Liab ANE 1099909 -13 0412812013 04/28/2014 Each Occu 1,0 Aggregate 2,10 DO,000 00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 141, Additional Remarks Schedule, H more space is required) CITY OF FEDERAL MAY IS NAMED AS ADDITIONAL INSURED PER ATTACB'EDFORM SS 00 08 04 05 TO THE POLICY. CITYFED SHOULD•ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEI ORE CITY OF FEDERAL WAY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERS IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8TH AVENUE SOUTH FEDERAL WAY, WA 98003 AUTHORIZED REPRESEN i Gary Rossi. �¢4� ©1988 -2010 ACOR , ORPORATION. All rights mse d. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self - added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non - Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non - contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit ". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury. or damage. Form SS 00 08 04 05 j Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured Owners Or Other Interests From Whom :Land. Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) Bodily injury or property damage or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole li (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or ,anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions :contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or '.property • ii Such ins ections, damage" included within the " tests or servicing roducts -coin leted o . hazard". P P operations hazard as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while ou lease or occupy hese remises. y Py P and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1 • "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard ", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is, given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: .'products- completed operations a. The design, printed material, information' hazard ". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or. damage" or "personal an advertising among persons through a computer network. „ injury arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement ". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi - trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment ". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- sustained by a person and, if arising out of the Owner Of Insured Premises, but only with above, mental anguish or death at any time. respect to their liability as co -owner of the premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 ,j i J J!� ]kt-3 April 4, 3013 Ms. Marty Gillis, CBO Federal Way City Hall 33325 8`" Avenue South Federal Way, WA 98003 Dear Ms. Gillis, Please accept this letter as my authorization to have Mr. Hoyt Teter, P.E. sign the contract between Federal Way and West Coast Code Consultants, Inc. DBA Eagle Eye Consulting Engineers on behalf of West Coast Code Consultants, Inc. Hoyt Teter is our Registered Agent in the State of Washington and our Northwest Regional Manager. We thank you for your business and look forward to working with you. Please call me at 925.766.5600 (cell) or 925.275.1700 (office) if you have any questions. Respectfully, n 46 A. Sen�ratne, S.E., P.E., LEED AP, CASp pv(ncipal / 9EO West Coast Code Consultants, Inc. 40,0 Carninu ;urnim Suite 2 10. Son HO-00. CA 945,33 j ,i2; 1'q. 17011 • F i 115 '7� !;F,Uf3 wvtv,v WC -3 r oa Corporations: Registration Detail Corporations and Charities Division Page 1 of 2 Comact us I Cru?eMo t'.-:9 "`. j SEARCtf Corporations Home Nonprofit Home Charities Home Awards Public Notices Contact Info Corporation Detail Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk All documents filed with the Corporations Division are considered public record. WEST COAST CODE CONSULTANTS, INC. UBI Number 6032i6972 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation CA WA Filing Date 07/12/2012 Expiration Date 07/31/2013 Inactive Date Duration Perpetual Registered Agent Information Agent Name Hoyt Jeter 13oo5 Lala Cove Lane Address City Olalla State WA ZIP 98359 Special Address Information Address City Olalla State Zip Governing Persons Title Name Address President,Vice West Coast Code 2400 Camino Ramon, Suite President,Secretary,Treasurer Consultants, Giyan A. 240 Senaratne San Ramon, CA Purchase Documents for this Corporation » « Return to Search List http://www.sos.wa.gov/corps/search—detail.aspx?ubi=60' )216972 4/15/201 *-3 RETURN TO: EXT: CITY OF FEDERAL JVAY LAW DEPARTMENT It., UTING FORM ORIGINATING DEPT./DIV: CED/BLDG Dlvislorr 2. ORIGINATING STAFF PERSON: M.�'rY Gil_,�,is EXT: _2620 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.C�, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorm �r.A'rED Docv�TS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER S. PROJECT NAME: BUILDING DIVISION SERVICES 6. NAME OF CONTRACTOR: West Coast Code Consultant, Inc. DBA Ea 1� e Eye Consultin� En�ineers ADDRESS: 13005 Lala Cove Lane. Olalla, WA 98359 TELEPHONE (206) 356-7790 E-MAIL: ho t,eece-wc3.com FAX:_ �925) 275-0600 SIGNATURE NAME: Hovt Jeter TITLE Northwest Regonal Manager 7. EXHIBITS AND ATTACHMENTS: � SCOPE, WORK OR SERVICES 0 COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS OO PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: JANU�Y 1 2013 COMPLETION DATE: DECE1v1BER 31, 2013 9. TOTAL COMPENSATION $ 19,999.00 (INCLUDE EXPENSES AND SALES TAX, �' At�1Y) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ No �F 1'ES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR � CITY ❑X PURCHASING: PLEASE CHARGE TO: 001-5200-079-558-50-41 10. DOCUMENT/CONTRACT REVIEW IT / D T VIEWED ' INITIAL/ DATE APPROVED ��PROJECT MANAGER .j�r3�RECTOR , ❑ RISK MANAGEMENT (1F �PLIC.�1.E) O LAW C/ � l�� 11. COUNCIL APPROVAL (IF .�PLicABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CQNTRACT SIGNATURE ROUTING �PJ�SENT TO VENDOR/CONTRACTOR DATE SENT: Y`�J7— f.3 DATE REC'D: �� 2`(� ¢�ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: This is a nass-through contract. INITIAL / DATE SIGNED 1, _ � � •Z G# — DATE SENT: • 22 ' 1/9 c�rr o� ��'`".�. �'i'C��i'c�� ' PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES City Hall 33325 8�' Avenue South Federal Way, WA 98003 (253)835-7000 www citvoffederlwav.com This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corpora.tion ("City"), and West Coast Code Consultant, Inc. DBA Eagle Eye Consulting Engineers, is a California "S" Corporation ("Contractor"). The City and Contractor (together "Parties") aze located and do business at the addresses listed below, which shall be valid for any notice required under this Agreemen� EAGLE EYE CONSULTING ENGINEERS: Hoyt Jeter 13005 Lala Cove Lane Olalla, WA 98359 (206) 356-7790 (925)275-0600 The Parties agree as follows: CITY OF FEDERAL WAY: Martha (Marty) Gillis, CBO, Building Official 33325 8`� Avenue South Federal Way, WA 98003-6325 (253)835-2620 (253)835-2609 1. TERM. The term of this Agreement sha.11 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 December 31, 2013 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agr�ment of the City and 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 pariy 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 resutt in ineligibility for further City agreements. 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 Exlvbit "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. PSA — Building Department Services Page 1 of 11 Apri12013 ,, .� H`rp.. :o citv a� � �� I �� City Hall 33325 8`" Avenue South Federal Way, WA 98003 (253) 835-7000 www citvoffederlwav.com 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 bilt 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-A�propriation 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 fscal 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. INDEMNg'ICATION. S.1 Contra.ctor 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 a11 claims, demands, actions, suits, causes of action, azbitrations, 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 Coniractor 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, attomeys, 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 Sta.te 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 payable to or by any third party under workers' compensation acts, disability beneiit acts, or any other benefts acts or programs. The Parries acknowledge that they have mutually negotiated this waiver. 5.3 City Indemniiication. The City agrees to release, indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representa.tives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,. awards, injuries, damages, liabilities, losses, fnes, 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 Secrion 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, representarives, 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: PSA— Building Department Services Page 2 of I 1 Apri12013 . � � � r • , City Hall 33325 8`h Avenue South Federal Way, WA 98003 (253)835-7000 www cinoffederlwav.com 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 datnage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate; b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the Sta.te 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 $1,000,000 policy aggregate for damages sustained by reason of or in the course of operaxion under this Agreement, whether occumng by reason of acts, errors, or omissions of the Contractor. 6.2. No Limit of Liabilitv. 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 covera.ge shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool covera.ge mainta.ined 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 genera.l 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 ta.il coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expira.tion or termina6on 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 grouncls 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 sha11 make such data, documents, and fles 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 RECQRDS. The Contractor agrees to maintain books, records, and documents which sufficiendy 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 PSA — Building Department Services Page 3 of 11 Apri12013 . '�� . . City Hall 33325 8'�' Avenue South Federal Way, WA 98003 (253) 835-7000 ��wv citvoffederlway.com 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 incidenta.l 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, negotia.tion, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontra.ct, 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 beca.use of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marita.l status, or the presence of any disability, including sensory, mental, or physical handicaps, unless based upon a bona fide occupational qual�cation 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 sha11 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 Rehabilita.tion 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 atta.ched Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior sta.tements 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 sha11 not be deemed to modify or otherwise affect any of the provisions of this Ageement. 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 Assig,nment 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 beneft 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. PSA—Building Department Services Page 4 of 11 Apri12013 � CiTY OF `" a�� Federall�la� City Hall 33325 8`h Avenue South Federal Way, WA 98003 (253)835-7000 www cirioffederiwav.com 133 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, sta.te, 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 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 Sta.tes mail sha11 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 Sta.te 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 fled 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 sha11 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 �e Parties' rights to indemnifcation 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 inshument, 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 a11 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] PSA — Building Deparnnent Services Page 5 of 11 April 2013 � � t�TV o� `� � - ,��' Fe��r�11�l�� City Hall 33325 8`�' Avenue South Federal Way, WA 98003 (253)835-7000 www citvoffederlwav.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: City Clerk, Carol McNe ly, CMC APPROVED AS TO FORM: � City Attorney, Patricia A Richardson WEST COAST CODE CON T T, INC.DBA EAGLE EYE C NSULTING ENGINEERS BY� ` . oyt D. Jeter, Northwes Regional Manager DATE: Lf �� 7 /� 3 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Hoyt D. Jeter, to me � to be the Northwest Regional Manager of West Coast Code Consultant, Inc. DBA Eagle Eye Consulting Engineers that executed the foregoing instrument, and acknowledged the said instrument to be the ee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated tha 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 �day of ��_� �_'�'i� o.�►.�r � � � • � � PU��'` � � T �� Of'!�.,�.� PSA - Building Department Services Notary's signature Notary's printed nan Page 6 of 11 �n. �' Apri12013 � .:�✓'F'' °'�f CiTY OP `"�` �'��'-' ��1 1l Vt�� EXHIBIT "A" SERVICES The Contractor shall do or provide the following services: 1. Plan Review City Hall 33325 8`� Avenue South Federal Way, WA 98003 (253)835-7000 www citvoffederiwav.com a. The Contra.ctor will review plans submitted as part of a building permit application on an on-call, as-needed basis utilizing the Washington State Building Code (RCW19.27, RCW19.27-A, and RCW19.28) as amended and adopted by the City of Federal Way; or as hereafter amended and adopted by the City of Federal Way and with City policies as applicable to the enforcement of construction codes. The Contractor will confer with the Building Official, or his/her agent, on any portion of the review that specifically requires an approval of the Building Official, authority having jurisdiction, code official, or Fire Marshal under the applicable code(s), or that involves an unusual interpretation. The City will determine and collect the fees to be paid by the applicant per the City's fee ordinance. The City will determine which plans aze to be reviewed by the Contractor. The City will intake, tra.ck, and process the permit applications and all revisions. b. Reviews will conclude with the plan being able to be auth4rized for permit issuance, or result in a plan review correction report. When authorized for permit issuance: i. When plans have been reviewed and have been found to be in substantial compliance with the City of Federa.l Way codes, all forms, plans, calculations, and permit application documents together with all written records related to the review shall be routed and returned to the City, together with a tra.nsmittal form listing the documents and indicating that the plans are able to be authorized for permit issuance. All necessary notes and details must be on or directly attached to the approved permit set of plans. When found by the Contractor to be in substantia.l compliance with required construction codes, the Contractors' plans examiner's signature and authorization date shall be provided on a11 plan sets returned to the City for further processing and or permit issuance. ii. The Contractor is permitted to redline drawings where corrections are minor or simple to clarify, provided permission to redline has been provided by the engineer or architect of record, or equivalent. The Contractor will not design with the applicant, make any change on the plans that involves primary structural elements or connections, or make any change that directly contradicts other information on the plans. Any change marked on the plans must be made by or under the direction of the permit applicant or agent and be clearly identified as such on the plans. When corrections are needed: iii. iv. If the permit application, including plans, is not able to be authorized for permit issuance, the Contractor shall draft and email a correction report to the City contact person. The conection repoR shall include the permit application number, enumerate and specify corrections, and include reference to the applicable code section. The correction report may include a request for additional information needed in order to obtain corrected plans. When directed by the Buildinlg Official, the Contractor will provide a facsimile or electronic transmission of the review letter directly to the building permit contact person named on the permit application. The Contractor will direct the permit contact person to submit the revised or added information to the City of Federal Way Permit Center using submittal requirements for the permit type under review, including a completed resubmittal form. The City will route rechecks though degartments and may route to the Contractor as needed in order to complete permit prceessing. PSA — Building Department Services Page 7 of 11 Apri12013 ,�°aF`�'N'�°.�� ClTY OF ,� �..� �ederal a� City Hall 33325 8�' Avenue South Federal Way, WA 98003 (253)835-7000 www cirioffederlwav.com c. Plan review processing turnaround shall be as specified in Table 1, the plan review processing turnaround table, below. The consultant sha11 provide the initial review (also referred to as the ls` review) and up to two (2) reviews of response to corrections. Turnaround working days commence starting on the date the plans are in the possession of the Contractor and terminate on the date the plans are received by the City. The City will be responsible for the transportation of applications, plans, and revisions to the Contractor. The Coniractor will be responsible for the transportation of approved applications, plans, and revisions to the City. Within two (2) days of receipt of the plans, the Contractor will indicate if they are not able to meet the timeline for the review. The review time may be negotiated with the quantity and/or the complexity of the projects to be reviewed for the City constrains the Contractor's ability to meet the timelines. Plan Review Type of Project New 1& 2 Family & Townhouses (IRC or IBC) Residenrial Addition and/or Remodel (IRC or IBC) Table 1 :essing Turnaround Table New Multifamily, Commercial, Industrial <5 Million in Valuarion (IBC) New Multifamily, Commercial, Industrial >5 Million in Valuation (IBC) Multifamily, Commercial, Additions, and/or Remodel (IBC) Tenant Improvements 19` Review (Working Days) 15 20 10 7 2°d & 3`� Reviews (Working Days) 10 15 2. Inspection Services: When available to the Contractor and agreed to in advance by both Parties, one (1) registered structural engineer, or one (1) ICC certified building, plumbing, mechanical, electrical, or other ICC inspector having the lmowledge to perform specified inspections, shall be provided to perform building inspection service for the City. The experience and qualifications of each such individual must be reviewed and approved in advance by the City's Building Official. The hourly rates shall be as specified in Exhibit B. 3. Training Services: When available to the Contractor and agreed to in advance by both Parties, one (1) registered structural engineer, or one (1) ICC cert�ed building, plumbing, mechanical, electrical, or other ICC inspector having the knowledge, shall be provided to perform training service for the City. The experience and qualifications of each such individual must be reviewed and approved in advance by the City's Building Official. The scope and rate structure of the training offered by the Contractor shall be negotiated separately. PSA — Building Department Services Page 8 of 11 April 2013 tiTY Q� ��'� �� EXHIBIT "B" COMPENSATION City Hall 33325 8`h Avenue South Federal Way> WA 98003 (253) 835-7000 www citvoffederlwav.com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exc,eed Nineteen Thousand Nine Hundred Ninety Nine and 00/100 Dollars ($19.999.00). 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, the calculated iixed fee, and any hourly labor charge rate for such personnel. The Contra.ctor 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 pa.yment for such work until the work meets ti�e requirements of the Agreement. 3. Method of Establishing Figed Fees and Hourly Plan Review Charges: a. In order to calculate the Contractor's fee for plan review, the Contractor shall apply a percentage of the City's calculated plan review fee as spec'ified in Table 2. When the number of recheck reviews exceed two, the hourly rate specified in Table 2 shall be applied. The City must be notifed by the Contractor in advance of the accural of hourly charges. The Contra.ctor will estimate the number of hours needed to complete the review and may not proceed without iu�st receiving authorization by the City's Building Official, or his/her designee. b. Experience and judgment shall be applied by the City of Federal Way in order to determine valuation for conventional projects where a clearly defined floor area is identified. The Contractor and City shall agree on valuation prior to beginning plan review based on the applicant's valuation, a detailed bid, or other estimatin� methods such as utilization of BVD. c. Experience and judgment shall be applied by the City of Federal Way in order to determine valuation for commercial tenant improvements and unconventional projects, such as foundations repairs, retaining walls, etc., or where a clearly deimed added floor area is not identifiable. The Contractor and City shall agree on valuation prior to beginning plan review for such projects, based on the applicant's valuation, a deta.iled bid, or other estimating methods. d. Shop drawings, change orders, the review of special inspection reports and deferred submittal review shall be reviewed on hourly basis using the hourly plan review rates specifed in Table 2. Table 2 BUILDING CODE REVIEW FEE STRUCTURE CommerciaUMulti-Famil Non-Structural Fire/Life Safe and Structural Review On Valuation of Construction Plan Review Fee Hourly Plan Review Rate (% of Building Dept. Review Fee) (Review in Egcess of Two) To $500,000 To $2,SOQ000 To 5,000,000 To 10,000,000 Above 10,000,000 PSA - Building Department Services 80% 70% 60% 50% 45% Page 9 of 11 $110 $110 $110 $110 $110 Apri12013 �.�F�� CITY OF `� �z� ��e��l ��y Ciry Hall 33325 8`� Avenue South Federal Way, WA 98003 (253) 835-7000 www citvoffederhvav.com CommerciaVMulti-Family Non-Structural Fire/Life Safety, Mechanical, Plumbin , or Structural Review Onl Valuation of Construction Plan Review Fee Hourly Plan Review Rate (% of Building Dep� Review Fee) (Review in Egcess of Two) To $500,000 To $2,500,000 To 5,000,000 To 10,000,000 Above 10,000,000 Valuation of Construction All Valuation 55% 45% 40% 35% Negotiated % Full Review Plan Review Fee (% of Building Dept Review Fee) 50% $110 $110 $110 $110 $110 Hourly Plan Review Rate (Review in Egcess of 1�vo) $110 4. Method of Establishing Hourly Rates for InspecHon, Training, or other Services: The Contractor may be requested to provide additional services. The scope of services may include on-call as-needed inspection, consulting training, permit processing, or similar work not included as plan review. When requested by the City, the Contractor will provide an estimate of hours or a fxed fee for services proposed. The Contactor's hourly rate for inspection, training, or other services shall use the rates prescribed in Table 3, or may be separately negotiated on a fixed fee basis as mutually agreed by the Contractor and the City. Table 3 Hourl Rate Schedule used for Ins ection, Trainin , or Other Services Personnel Description Hourly Billing Rates Principal $140 Building Official $120 Professional Engineer $110 Architect $110 Certified Code Review Personnel , $100 Certified Inspector $85 Electrical Specialty $95 Permit Technician $60 Administration Support �5 PSA — Building Department Services Page 10 of 11 Apri12013 �� ci�rv a� . -� �'edera� �l�y City Hall 33325 8`�' Avenue South Federal Way, WA 98003 (253)835-7000 www cirioffederlwav.com 5. Reimbursable Expenses: The Contractor may submit a voucher or invoice for reimbursable expenses using Table 4, below. Actual cost without mark-up shall be documented. T'he actual customary and incidental expenses incurred by the Contractor in performing the Services shall include posta.ge, UPS/FedEx, incidental copy charges, and other reasonable costs; provided however, that such costs shall be deemed reasonable at the City's sole discretion. Table 4 Reimhursable Cost Mileage Current IRS Rate Reimbursable Expenses Actual Cost without Mark-Up PSA — Building Department Services Page 11 of I 1 April 2013 �"� ,,A�R�� THIS CERTIF7CAl'� � CERTIFICA7'E DOF9 3 BEl.DAN. Tlif� CERiI tlf� �ns atK! eortlflcab ItoM � � ` � INE3TC-3 _ QP !Ut � � '�: � ��i`�"I��CA�'� C�F �.IA��LI'TY IP��URAr1C� �oar+�r� AS A tNATTER OF INFQR�IATION C3NLY AND CdNF�RS NO ttk`stiiS UPON T41E C�tIF1CATE MaLDfiR. 'CH� I�'[ �tAAATNELY OR NEGATIVI�LY AM�. EXT�ND OR A1..TER Tt� CaYBtAGE AFFOitDED �Y '�H6 POLICIES I C1P 1NSUR�NCE DOE� NQT �fi A GONTRACT BgTW66N THE ISSLIING ViSURF.R�S� AU7f10R�D � ER',4NDTHECER7IFICA'fEW04DER. hddar � an A�omONlu. rNSURED, 1he riM�ry(Issy nn�3t be endorsed. 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B u�vnuro ` � � X t�aw�trtas 7C � . � X �A� X �pua 8 �� a�s A C� Y!N � � NIA � �[7Y;; Lj f;•i�; �j 83�f9@013� ON'1'8Y101� Oa119f,�Mi I 0�118fT9V4 �.Obe.r ! 800LY OEt99VZa13 f �'19�11014 o4/2�D1Sf d�1 7IaN0lvP��tONil�.o�J►7fcNSlveJR�9 HNrrol��eoRn»�,aearaw�wsanwrFNmen.p.e.knauU«dl oa �,a�t ts xxeao �,s ,�xrxa�w x� � A�►c�n�s ss oa oa �o � �xcs. . 9 �_� .� . y T� dTY QF �fE�ERAL WAY 3337a6 �TH AVBNIUL' �UTH FFd�iAt, WJ1Y�'�YA S8dd'J �t i t : e s 3 C�YF�D 3110tf1.a At�Y OF 7FIB A00M� � POLICIl.4 HE "■•'�'� �� g� 'if� �IRA'iION 17fi1R YF�OP. NOTIC! tAA1.L B� 0lLIV�ilD UV ACCCRDAN(Ai IApiH'f� P'OLJC7PRdYN910FIS- �un�o�o �r � Oary Rossi --- _ _ Y ' � 1�0�10 A� ACOR'� �(Zb'IQ10Bt `:rt� "flra ACQRD namt �d bgo a� roglsM�d �rla� aR ACORD . � d""�t.� �u r�e r�e�e :. ,4 ��'.. :�� {B� V�hen Y�u Are Addecl As An �di�or�t lns�nedl Tv 013�er i'r�surat�e "�rst � cther inswar�ce a�ras'�able ta y�u cow��ir�g NebiN� fur dam�s �(Bing a[it tif 1hs prerNses tu� op�tions, a� pro8vcla artd c�mple�i opera4Ons� f�r which yc�tt hsve heen addsd as an �dditlan�l in�c�r�ed by that ia�ur�rtt�; or (7j Whe� You Add Gther�t As Ain Additional tn�ured To 7'hl� I�urance Tltat is o�1er irtsuranCe �vailabte to an addi�or�ai irrsured. Havvever. tl�a bNo�vir�g qtaviafons apply fo other it�suranc� znrail�ble to Emy p�son or Orga�i�a�nn who is att a�dltion�l insured under this Cuverage Pal'C {a} Pr6re�ary lr�suran� When Ruquirod �,► Cont�s�ae iY�is insurance i� primary if You � harre agreed in a written corttract, vKitten �t �dr pemn�# that thi� ineurance be �irt�ry. If omer inaur�nc:!► is aiso prknary, we rnriil ghsrre ��t aU fltat niher ir�snrance I�yr �» rr�eth«! d�ribec! in a b�loorovv_ (b} PrMnarY And NnA�ontri6ubo�/ to �r inswrance When �eq�r�d �I Cortb'i�ct n you hsv�e agr+��c! in a writt�n conitack whtlert agr�ement ar pemnit �et ffii� itt�tmanoe is pr�aary and non.t�nhibutary wi#h i'he add�llorttal insured's own insufanc�. thiB irl�ranCe is primery end we wNi nat sa�lt contributioqt ira�m tfiat o� �. ��9�P� (a) and �b) da not app�y to oitter �SUrance to vrhidt #ite �l1Hon�i insue�ed has beetl �ddsd as an e�d�arral meursd. When this insta�ance is exc�ess� we will hav�, no cluuty under this Cav�rags Pmrt � ty defend the insur�ed a�airtst arry "suiC ff any diher,�anaurer hae a duty to defend ihe insured �irrst lhat "sui�". tF na other in�rer de�fer�ds. wa wNi tatdert�aice ta do so, but wm nvi0 be+ e�titled to d�e irtsw�ed's r�ght+;`agalnst aU those other ir�sur+ers. Form S3 00 08 .O�L OS �t gU��1�� L,I�IBiLm( CQV'�(�tAGE FORM When this insurance is excess o�r o� insurance, wg wiq pay oniY our sha�e af the amour�t Of th� Iass, i€ arl�t, tl�lat $xe:�eds the sum of: (1 j'il'te bo�al arr�a�nt �ea� all St�ct� o�1er i�tirence wou�i p�y foe the b9� �t thv abs�ce oi thia gt�uarn�; � (21 The fiohaf of all deduolible and sielt irtsUred amot,mts un�r' �II tflak o� insurance. iNe v� shere �9 C� k�ss, ��tlt.lMlh arry ot�r G�w� tl� ia not d�aibid �t ihts Exoe�s b� P� � w� tsct boust�t �oe�uY � �la4h► � � d t� Limits of In�renoe sllo�wr► in tlro� D�r�6a� of�Is�Ca►erage p'art. a. Mothad OP S� ff a� 1he oihef � Pe�� ccMrfbiruorl by eqt�mi shsres, w�e w1� iolbw this medl'wd ais�. lJrr�r fhua �ptoaoc� �1 h1StA�B1' 0011� � � tu'ytll it ha� p�id iis �pp6c�ble Ar�t a� inaca�nc�► or narte of the !�a r�sins� v�tiic�eveE' comes fll'st IP ary oF tl�e a� i�xance d�a not Pemnit c�lribl�inn bgr equal aM�r�. we w�l aorNrlb� by Ur�s. U�hder � rtpehod. �ch ir�re�'s sfa�ne is based on B�e ra�o a� ils epp�ble �rtit of mst�no� b the �o�ai appicabl� in�ta �Finatvanca ataq k��re�a. 8. TYansl� Of t�gNis Of Raawery Ag�n� oth�rs se us a. Tran�r R?f R[gt�ts Or Reao�v�Y if tha in�uroid ht�s ri�ts b tecover aM °r �rt ot anY paY�• �� 3upplern�y R�ymente, ws l�ve m� ur�er ihis Caveragf I's�rt. th�e �b are irartsferr�d !o ut�. The It+�ured rr�ust do rra��ing a�ft�' I�as to fimpe� 1hem. At cur b��78��er �Itos�a dghF� fio ua�s�id #�blp +is eM� them. 1'his o�iori daes na� �pty to kAedlaei E�s �av�e. b. Waiver 4f R� Of RecoverY N�� Qf Subr�dat) If ths lr�sur+ed has wan►ed �Y rl� of reooae�y �99einst anit Pe� � or�n�iiDrt for all or pe�t of enY pa�lm�l. �r�cluding 5uPplerr+e�Y � �MA' t�ava n�de under this Cov�e Fa�t. we ai�o weive tftet � p� 8�s �aured we�d Q�' ri�tts of �1l � s�h p�xsan or orgentraUorl in a oonh�d. �reement w p�rtat #hat vras eaoea��ted p�ior to the ir�y or danlape. p�aga 1� of � BtIS!ldESS I.IAB„�CTY C01i�ttAG� �t3RM r �, OPTfONAL A►DDITIUNAI. I�I�UREl7 cov�t��s Iflis� orshouut� as 2ip�'fCSbfe �'the Dedara�iot�s, orte ot more�of the fioltowitt� Op'tlCrt�i Addikia�al in�l�ci Co�erages aiso appty. �ren any ai these dptia►al Ad��ia�al Ins�ed Coverag�s apply, Paragraph s.'jAddi�nal Insureds 1�Vt�en Required byWri#�► Contract, Wr�t�n Agreet�rtt ar Permit) of Sectlo� C:,•Who Is An Irwured. do�es not �pplY to #he persqn or o�ganizstl� shown in the Dedarat�ns: rnese c�rergg�s aro aubject to the �mns and 'aonditians app��able to Busine� L3sbiflty Coverage in triis poticy. except as provided helpw: 1. A�dditionari �tsured - �t�d P�raon Or ��tfl��O �n INSUR�O u�lar S�an C. is amended to indude aa an addlibnet irtsur�d the p�rean(s) r� �x9�nizetion�s) shouvr► in 'd1e Ded�naUon�, but or�fy wfttt respect to fi2ibiiit�► for' 'bo�ly tnjury', "properly ttamage" or "persanel •ami advr�tli�Er�g inJury" caused� in wfwi� nr'�r P�rt. b�l Y�r acts ar tmtissions ar the s�ts cr artissions �f tha$� acling on your C�ehatf: a. In th� per�tntance af �rour dn�ain� op�raibn,s; ar b. In connec�on with yaur �mi� owrted by or rarrhad �o �OU. x. Addltbrtal Insutmd -�ti�gors Gr i.assars � P�smtser� a. WHO IS AN If�fStiR�D under 5atlon G I� ame►xled iD indude 2�s �u1 addiional inSured thr psrsan(s) or �(s) sk�a�nm in the Dsd�tians as an Adc�Eionel Ins�x�ed �- Desfgn�ted �'a�nn �r Org�n�aiiort; but onq+ wkh ° resped b i'�tY a�hg out of the cowr�riP, rn�ar use of#hat p�t of thA pr�misQS leeaaeti to yvu and shnvun in tl�e Declaraticr�s. b. W+dt raspect to the instmant� affaded tio these �df�ona! Insured�. the fallc�wing ad�� exdusio�ts aPPhr ThIS IflSU� dAQ3 n� appl� t0: (9} Arry •occurrence" whiah takes pie�e aft�'�you Ce1� to ba e tdnent in that prerr�: ar t2j Stru�,ra1 ait�a�ons, naw consuv�tloct or a�rnaA�cn oper�ions P� b�► or an beha� of such �e�rsar or orgenlza�on. Page 96 at 24 _� 3. Addit�ona� Irrsured .Gratrbor+�l�rancnis�e �. � Wf�U IS AN HVSIJR�D unt�ar Sedion C. is amerpd�ad to inc�ude �s an addi�o�a! insured the p�tson(sj ar organiz��an(s} shovm in �he De(�aratlons as an Addi� Insut�d - Grantor Of Fr�nctuse. but only with r�pec� Uo th�� ii�bilily as gr�t�bo� of tf8nchi� �o You. AS�WMVITA� I�Uf� � � � � �qufpme�rt a. WHd IS AN INSLfR�U under Sedion C. ie amended %� i�tdude ss a11 mddlqonel htsurea m� persort(s} or c�(�) sho+am in Ehe [�Ctgratbna as an �1 Ins�d — �.e�ar �F Lo�eed F-q�P��, but oniy v�►ith re�pect 6b 6�1y fiOr "bod�y► In�►`. `proper[Y damage' or 'P� and ad�ing inJury�' c�ed. in whole or in p�rt� by ycur mai�na�oa. ope��on +�' us�a af �quEprnent I�eed ba you bY � p�tson(s) ar argan�zeeon(s� b. Ulrith resped ta tl�a Ir�atu�c�e aAbrded to these eddliionei iqsureds, tl�ie in�unar�cs doea not a�pply � anY "ac�rrerx� whidl r�ic� p�Oe sfta�' ycu t�e ta kase t�at equ�ent Addittaati Msured - Ow�tr[s �r Gther it�nNs �om IAlhoen L.�utd tl�s �oe�n � a. WHO IS �hl INSUR�D w�' �� amende�d to inch� sa an ad�nad irr�r�d the person(sj ar «gar�stion(s) sha�nm in tl�e Dedarl�fons as �n AddiUolml insnrad -- Ownars Or atF�er In� R�om WAcwn Laptd h12►s �eeR Lea�ed� but anly Hri�1 r+a6pect io Ila�ilt�► ati� out nf 1he ownerahtp. � or �t af �tot P■rc of tt�e �r+d leesed b yr�u +�d �t�arm in �e Oed�radbns. �. 111�th respecx to tt� Insur�nce alfordad fio #teae adcliKor+al ie�tt�3� tlte fdioa�inD ad�tional e�aelwrons �ly: Thia it�sura�ncs da�s twt appy' 1u: ('�1 �n+ "occunenc:e' lhat taiosa PMx�e att� you aease �t laa�e t�t land: or (2j S�t�dual �b11'a�o�. � cxsns�vdion �r damau�on aperetlor�s pe�f�rmed b!+ ar a� b�l'�It � t�lt P�r�n vr �g�n• s. �aa� r�a - � ar Pa� Subdi�sia� —i�ernals a WHO 1� 141V ENSUR�U uhdel' $�tiofl C. i6 a�nded tp in�de a� � �ior�el msured ihe s� or poAtk�l su�dlvi�n �I�own in the �er�rabons as an A�nal Form S8 00� 0406 A� �: In�ured — Stste Or P�Iitice! Srrbdh+�sion - Permlts, but anry wiih raspeat 1� c�pera�arts P�'►� �Y Y�u or 4� your beFt��`. for which the sk�te ar po%tir�l subdiv'ssian Fras issued a p�rmit. b. W(th rosped io the �surr�nnae affanded to fh+�e: addidar��l Instueds, the foflovving �dditlor+al exckisiona appty: 1'his it�suCat�e do� not ��ly to: (1) "QlodilY t1�1u1y". "P►op�ttY dam8�" a "p�rsonal and adve�tlsing mjuty" arising aut nf op�forts pe�tormed for 1h� s#abe or t�tunicqraliiy; ar �) "6odily in)ury" or 'property damage" irx�udad in the "�r+oduct-conipl�ied oper�ilans' har�ev�d. 7. Addftlonat �urad �-Yendars a. WHO 13 RN iNSUR�A urtd�r Sect(on C. is arnend� �o I�Ctude aa an adt�6icnal Insu�ed th� p�rso�(s) or or�Nza�an(sa (ieterrred to beN�w � vendotj shown !n tlte Declgration3 as an Arfdi�ot�ai lnsUted - �/@fIdOP� bUt �r1iy 1MItY1 �BpB�.�t t0 °bOdNy injury'� or "property damape" arissMg out of 'yau' produc�s" wtdoh are c�sbrtbuted or scld in ihe rggular cou�se at �� v�nda�s 6usinesa �nd only if ihi� Coverage Part �vid�s cvver�ge for ^dadtly fq�y" or upr+o�rty dantege' ir�duded withGt the "�odt�mple�ed oper�tona Ita�rc1"'- b. 11te ir�et�anae sdE�d bo ti7e venda�t is s�je�t'�atl�e fdlaw�g 2�iitlonal e�cd�ior�: (1) This hlaurence does not apply bx (8) "��, ��" � "ProP�Y darr�s' for wqich .it�� endor Is ob� �o PetY dama9es bY r�on af the aasurt�tion d fiability � a aon�t ur agr�rtt Thle exalusiort dae� nat epply �o ils6iUty far rl�rtt�es #hs# the vendar would h�1te in the ab�ence 0� ili� COtIG�Ct Ot 8�18@I11Bt1�; (b) AnY express watraMY unauthaized by ytou; t�) �Y PM►si�e� or ch��cal charige in #he product rr'rede �niei�iortalty by it�e vend�; (c� �. ur�ess unpa�dcsd snlely ior �he ptRpose of in�pec�on, d��, �caslh�g, or me s�ha�un aF peets t�der i�ahuc�oe�s fia�n U1e �. and then ro�d M the oeigh�al oo�e�8r; Porap SS 00 OS Od 05� � �: BUStM��SS LI�tB1LiTY COYER�IG� FO[tM te) Any �ilure to rr� such tasls a s�v�* d e � � � malae or ncxmBNyr u�der�l�s� � rrrdke in d�e t�91 �9 0� bus�as, � cormec�ion w(� th� t�s#�bt�ion r�rsaie ofwe produds� (� Dema�re�nn� i�Natlan� ssruicir� or KP�� exoept �uCh op� A� at th� v�r's p� � connedion w�t tlt� sa� uf the produak �9I � whi�tt� aiEat d�a�+ or sale by yott, heve beerl6sbelsd ar rel�behd or t�sd as a Cotttafn�', part a' h�9►edient of au�!' othar thing or s�u� by or tor Bto vandor; or Ih) "�Y 1�iY" � "Prqp�tY damage" arising out ot ihe s� neg�gern� od' ihe v�ndor �or i�s ovlm aC� or �iO�B ar �toba Of �g � p�r 9rh�araa eIBB ac9� on �s b�half. Ho�w�ewr. Uds �lusaat doms natapply'b: � 7�, �ans corrq�bned in Subpsra�aphe id? � �); � (� 5ucit it►speG�foas. ��rnents„ t�s or ��9 �s 1he vCndar ha� a�reed � make ar �wmnaily ur�e�as to make in 1he t�ed ca�ss df b1�n�es, � oonnecdon r� N� dietrihudon or �e � �+a �• �j 1'his ins� db� nat �tY � �Y ineurad pe�pn flr O�su'�+� 1�a11 whom you t� acq�r+ed sw`a'► produCb. or sny � p� or t�ne�: etlt�n9 �+ � � � � P1'OCh�cls• $. IA�dd1�1 ht�ux+sd ^- Ccref��9�9 � Wt'10 IS �1N tNSI�C�ED tmtier Sed�n C. is am�nded io indur� as an sddidtinal ir�d Nte pe�son(s) cr orq�on(s) shown �►1�e Deda� as en AddiHonai �sueed — Controll�g {�re+st, #wt nn�Y v�+ r�ct �D H'mN' Ifebilily erisi�g oW �: a. Tt�irfl�ndalcc�olatyo�or b. Prsrrfises i�Y own, m�r�in or oorihal whlle yau te�se ar accu�yt �e pro►rises• P�19ofZ4 BIJSINE.S� L1AB�J'i1t C01�RAGE �ORM This ips�8ttce d08s not apRA+ fia sttucturat atE�^attons, n�w construeii+an and ciemotN�an aperations p+�riormed by or f�r that person or organizatbn. 9. AddRtlot�a,t Insured — Ownei^s, Lessees Or Cot�s — Schedut�d Pe�c►n dr O�ganiz�tion a. WMO'IS AN It�URED urr�ier Section C. � amended tu irtd�e as an addiUot�l InSUTf'� tI18 �rS011(ffi) OF 4Tg8R��fld1(S) shcawn in the DedaralGo� as an Additional ins�trad — Own�', L� Or Cor�tractors, but only w�h re�p�ct to l�bflity for "bodflx Injury", "prap�rty ds�rrrage" or ^persona� and adv�artisir�g injury" cause�d, in wtlo�e or � P�, bY Ya,+t' acts ar arussions �r the acb or a'�issbn� of �e ac�ng at yaur beh��: (1} Irt the pertarrraanc� o€ yot�r ongoirg apet�tions for the addittm�l insured(s); ur (2) In c�onnec�Gfon wilh "your wo�c" p�rFonr�d 6or thet addlY�art2�{ insured and N1dud+�d witF�lr� th� "producis- completed operation� h8zard", twt only If #his Caver�go F'art prrnrid� coverage fisr "k�a�dily injury° or •pmperly d�l�" irwluded WiHtin tf� °pro�mplet�ed oper�Uoas haz�rd" b. VVitlt tespect t� tlte ins�rBnCe anorde� b these sddiHorraf inau�erds, this in�surarrce does nat apply t� "bodflY Pnjury�'� "proP�Mj► damag�" o� °personat an a�lve�sing inJur�" ariai�g ait of the rondering of, or �te f�ure �o ee��r, aey pr�sional arattit�tural, errginee�ing or survey� servic�s, mcluding: t1) The prepa�ing. approvinq, or faliure to p�+epere m' �DRr�ve, rn�ps� ahoR drawh�. �ions, reports�, eurve�ls. iNeld cwders, �hange arders, deeigns a� drawings and sp�cifications; or �1 S+,+Aervisary, i�vn, architeca,ral ar engineeHng ac�ivi�es. 1a. Additional Insured — Ca�-Owna�r Of tt�ured Pre�xNses I�IHC? IS Ahi INSUREI� under Section C. i� emended to inClttde� 8� a� caddi�onal ir�trred ft� p�snnta) or �on(s) shawn tn �e Da�dar�tiuns as an Additionai I�,red — Co- Owner Of in�red Ptsr»is�s. but oMy with respect t�o ih�l� liability as co-�er pf the qtemise3 S1�m a� the Deciard'Gons. a� Page ZO of 2�t � Thss hmits oF Insurance tha# ePpiY to atlditi�onal insur�cie are desaihed in S�ction D. — Limits Of msuiance. hlqw this i�sut�nce applies when �th� ins�u�ttoe is svail�le � an ad� inst.p+ed is des�lbed In the Other Ins�tatroe C.ond�iort in Section �. — I.iability Md Mecflca� ExPsn� �� Coridkions. G. �LlAB11.ITY .AWD MEDICAt. EXPE,NSES pE�ENnr�o� 1. °Ad�e��' means the v�d�d Pu� disseminatiat � infomr�tion a an�les th� has the pnrpose of inducin9 the sal� ad goods� producis or aerviaes throu9h: a. {7} Ftadip; (2} %ekwision: �3) Bili6o�rd; {�4) u�gazlne; (�l �P�: b. The �, bu� anfY �at pa� �� w'� siba thet is �bout 9otxk. Pr°� � serViCes iw 'd't� � Of �9 � sale ot gvods. �rOdtt�ta �x �vi�� c, Any o�er pub�tlon ihat i� 9� widesPraad PuiWC distdbu�at►. E{ovu�rer, •�dv�fsemar�" doe� tbt irx�ud� a. Tt�e clesign. Print�d n�aterial� i�Onl�tlon or lmgges cxx�G�ed in, on or upon the Psd�ir� or IabelMg � any goo� or produc�s; ar b. M N�rat�a oonvs�atlon betwesn or amor�g peraans th�wgh a compWlar r�"°dc. 2"Adverdsing id�' mean.s any id� ior ixt "ad�hs�r�anx'. 3. 'Astresbo� lta�rd" means an expo�u's or thrs�t o�f expasure �Do the �ua� � ��e�d �pPerlies � asbe�os � Incltdes the mer� presenr.e cf a�besbs rc� any ftwm. a. *Aubo' rt►eo�r�s a Imed trtolar vehide. tra�r o� serr�#raa� designed for 'I�vei orr Pt�c r+a�9, 6xduding aty et�ed �Y a' e.q�uipmerrt. B�ty� `aubo" daes nat � p11M1RA1B �\ . .S. °B�odlly �iijurY':i��$ phys�cal: a. tl�!lly; b. S�dtl'iee8: or c. Disesase susf�lned by a person and. if'ri�in9 ewt of the above. menisd angutsh or death st anY i�+e. �. "Ctivera� terrtt�y" me�ns� for�n SS 00 98 04� - ;% I�i � � `I � J ;, � ,� �� ,_,� April 4, 3013 Ms. Marty Gillis, CBO Fecierai Way City Hall 33325 8`" Avenue South Federai Way, WA 98003 Dear Ms. Gillis, Please accept this letter as my authorization to have Mr. Hoyt leter, P.E. sign the contract between Federal Way and West Coast Code Consultants, Inc. DBA Eagfe Eye Consu(ting Engineers on behalf of West Coast Code Consultants, Inc. Hoyt Jeter is our Registered Agent in the State of Washington and our Northwest Regional Manager. We thank you for your business and look forward to working with you. Please call me at 925.766.5600 (cell) or 925.275.1700 (officej if you have any questions. Respectfully, �� /�,� ! � r �, j ,yJ� � , ---� �'l� �%�' �' �._..._ � � A. Sen ratne, S.E., P.E., LEED AP, CaSp v�ncipal / 0 . West Coas[ Code Consultanrs, ►nc. 1=R0(1 Cnrninv fiurnur�_ Surfr 240. Spn ROirrOt�, Cf1 9a5�3 r � y)i l_?S.t7v0 r f j y1517� 1J600 wGV.v WC-3 c nrn Corporations: Registration Detail Corporations and Charities Division Page 1 of 2 w.rt,�,t.: � ('� ir:e;x: I .t� ... . . . . .. .... ..� SEARCH Corporations Home : Nonprofit Home i Charities Home : Awards ; Public Notices Contact Info Corporation Detail Neither the State of Washington nor any agency, officer, or empioyee of the State of Washington warrants the accuracy, reliability, or timeliness of any informarion in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such informarion. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System dces so at his or her own risk. All documents fileil with the Corporations Division are considered public record. WESf COAST CODE CONSULTANTS, INC. UBI Number 6o32i69�2 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporadon CA WA FYling Date o�/i2/2oi2 Expiration Date o�/3i/2oi3 Inactive Date Duration Perpetual Registered Agent Information Agent Name Hoyt Jeter �� i3oo5 Lala Cove Lane City Olalla State WA ZIP 98359 Special Address Information Address City Olalla State Zip Governing Persons Title Name Address President,Vice W� Coast Code 2q.00 Camino Ramon, Suite President,Secretary,'h�easurer Consultants, Giyan A. 240 Senaratne San Ramon, CA Purchase Dceuments for this Corporation » ec Return to Search List http://www.sos.wa.gov/corps/search_deta.il.aspx?ubi=603216972 4/15/2013