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AG 22-083 - STANTEC CONSULTING SERVICES, INCRETURN TO: Kari Cimmer EXT: x2629 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT / PLANNING 2. ORIGINATING STAFF PERSON: KEITH NIVEN EXT: 2643 3. DATE REQ. BY: 6/15/22 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ® PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: ELECTRICAL LIGHTING REVIEW 6. NAME OF CONTRACTOR: STANTEC CONSULTING SERVICES, INC ADDRESS: 3400 188TH STREET, SUITE 285, LYNNWOOD, WA 98037 TELEPHONE: (206) 224-3667 E-MAIL: CHRIS.FOTE@STANTEC.COM FAX: N/A SIGNATURE NAME: CHRISTOPHER FOTE TITLE: PROJECT MANAGER, ELECTRICAL 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK, OR SERVICES ® COMPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE ® ALL OTHER REFERENCED EXHIBITS ® PROOF OF AUTHORITY TO SIGN X REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: DECEMBER 31, 2022 9. TOTAL COMPENSATION $ 10,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAWAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED M PURCHASING: PLEASE CHARGE TO: 001-5200-073-558-60-411 10. DOCUMENT/CONTRACT REVIEW ® PROJECT MANAGER ® DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW 11. COUNCIL APPROVAL (IF APPLICABLE) �12 INITIAL / DATE REVIEWED INITIAL / DATE APPROVED KN / N/A N/A _KVA 7/14/2022 N/A SCHEDULED COMMITTEE DATE: N/A COMMITTEE APPROVAL DATE: N/A SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: CONTRACT SIGNATURE ROUTING ® SENT TO VENDOR/CONTRACTOR DATE SENT: Its DATE REC'D: Z ✓� 2� ® ATTACH: SIGNATURE AUTHORITY, INSURANCE CERiiFICATE, 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 M LAW DEPARTMENTI-Ittho-27 ® SIGNATORY (MAYOR OR DIRECTOR) $Z X CITY CLERK -7Z 'L ❑ ASSIGNED AG# AG COMMENTS: CITY OF CITY HALL Federal Via 33325Avenue South � Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT REVIEW OF SUBMITTED ELECTRICAL DOCUMENTS This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Stantec Consulting Services Inc, a Foreign Profit Corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: STANTEC CONSULTING SERVICES INC: Chris Fote 3400 188`s Street, Suite 285 Lynnwood, WA 98037 (206) 224-3667 (telephone) Chris.Fote@stantec. com The Parties agree as follows: CITY OF FEDERAL WAY: Keith Niven 33325 8' Avenue South Federal Way, WA 98003-6325 (253) 835-2643 (telephone) Keith. .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2022 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed $10,000.00 and according to a rate as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. Stantec PSA - 1 - Rev. 7/2021 CITY OF CITY HALL Federal � 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway 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 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 following 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-Agpronriatian of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the .concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: Stantec PSA - 2 - Rev. 7/2021 CITY OF Fe d e ra i Way CITY HALL 33325 8th Avenue South � Federal Way. WA 98003-6325 (253)835-7000 www cityoffederalway.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, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit 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 $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records 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 that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, 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. Stantec PSA - 3 - Rev. 7/2021 CITY OF CITY HALL -44 Fe d e ra I Way Feder l Avenue South �� � Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement 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 Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; 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, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of 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 subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and Stantec PSA - 4 - Rev. 7/2021 CITY OF CITY HALL '4! Federal WayFeder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www.cityoffederalway.. com obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in 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 States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] Stantec PSA - 5 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (2531835-7000 WWW cityvlfad6ra1LVi1V can IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: rian Davis,VInt�h_Cfi_inistratormy Ad DATE: Z -7 'L2 STANTEC CONSULTING S RVICES INC: By: Printed Name: Christopher Tate Title: Protect Manager- Electrical DATE: STATE OF WASHINGTON ) ATTEST: qtl ephanie Courtney, CMC, Ci lerk- APPROVED AS TO FORM: (,r-yan Call, City Attorney ss. COUNTY OF CAr15lkil this da personally appeared b -fnre me g b� ��; a me known to be the dq��r of that executed the foregoing instru ent, and acknovAedged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this IQ day of , 2022. Notary's signature FState T KAUR Notary's printed name Public Notary L16HC in and for the State Washington. ashington My commission expires# 20109202res Jul 9, 2024 Stantec PSA - 6 - Rev. 7/2021 CITY OF CITY HALL Federal� 33325 8th Avenue South �i y (253)Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com EXHIBIT A SERVICES The Contractor shall do or provide the following: Project Scope: Lighting consulting services to review proposed plans and documentation for the new proposed field lighting at Memorial Field, Federal Way High School. Contractor to provide theContractor toprovide the followingProfessional Services: 1. Perform site visit at night to document existing lighting and impacts. 2. Review proposed lighting layouts and technical data submitted by Federal Way School District. 3. Review fmdings with Stantec staff and prepare technical memorandum for conformance with City of Federal Way permitting compliance. 4. Attendance at up to four Public Meetings to provide technical support to City staff. Design and Site Visits: Site Visits: Contractor will provide one site visit, one in -person staff meeting, and one remote staff meeting.. Additional Services: Additional services or tasks shall be provided at any time during the course of the project as needed to meet project requirements. Stantec PSA - 7 - Rev. 7/2021 CITY OF CITY HALL Fe d e ra I Vtila 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 wwwWyoffederalway com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Ten Thousand and NO/100 Dollars ($ 10,000.00). 2. Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Stadium Lighting Permit Support Stantec Staff Hourly Rate Project Manager $208.00 Engineer $179.00 Production Staff $154.00 3. Reimbursable Expenses: The actual customary and incidental expenses incurred by Contractor in performing the Services including travel, printing, and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Two Hundred and NO/100 Dollars ($200.00). Stantec PSA - 8 - Rev. 7/2021 BUSINESS INFORMATION Business Name: STANTEC CONSULTING SERVICES INC UBI Number: 602 529 295 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 370 INTERLOCKEN BOULEVARD, SUITE 200, BROOMFIELD, CO, 80021, UNITED STATES Principal Office Mailing Address: 10220 103 AVENUE NW, SUITE 400, EDMONTON, AB, T5J OK4, CANADA Expiration Date: 01/31/2023 Jurisdiction: UNITED STATES, NEW YORK Formation/ Registration Date: 01/01/2010 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name JEFFREY P STONE STUART E LERNER CHRISTOPHER O HEISLER THERESA JANG GORDON A JOHNSTON OFFICER'S CERTIFICATE of STANTEC CONSULTING SERVICES INC. A NEW YORK CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Corporate Counsel of Stantec Consulting Services Inc., a New York corporation (the "Corporation"). 2. On April 1, 2022, the following resolution was adopted by the Corporation's Board of Directors: BE IT RESOLVED THAT: the Corporation hereby adopts the Signing Authority Policy, as modified or amended from time to time, of Stantec Inc.; 2. execution of any documents for and on behalf of the Corporation shall be governed by the Signing Authority Policy, as modified or amended from time to time, of Stantec Inc.; and 3. the Secretary or any of the Corporate Counsels of the Corporation be authorized, empowered and directed from time to time as required to facilitate the execution of contracts or submission of proposals, to sign, and to seal with the Corporate Seal, Certificates of the foregoing action evidencing the authority delegated in the Signing Authority Policy, as amended from time to time, of Stantec Inc. Christopher Fote is a Project Manager, Electrical of the Corporation, and in that capacity is duly authorized to sign proposals and enter into agreements for professional services in accordance with the Corporation's Signing Authority Policy in connection with the following project: Federal Way Memorial Stadium Lighting City of Federal Way IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation, this 30t" day of June, 2022. cat]�TING S Amy Oygen, „} arpu atr m Corporate Counselrl �" 7/26/22, 10:26 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License information: Entity name: STANTEC CONSULTING SERVICES INC Business STANTEC CONSULTING SERVICES INC name: Entity type: Profit Corporation UBI #: 602-529-295 Business ID: 001 Location ID: 0002 Location: Active Location address: Mailing address: 1687 114TH AVE SE STE 100 BELLEVUE WA 98004 1687 114TH AVE SE STE 100 BELLEVUE WA 98004-6965 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 2of5 New search Back to results Endorsements https://secure.dor.wa.gov/gteunauth/—/#S 1/4 7/26/22, 10:26CCAM State Department of RevenueE �1 (� Indorsements held c Escense Q t $$Wasshington �o Ueti J a �x�Iration date t C� t First issuance date Chelan General Acti May-31-2023 Jun-28-2022 Business Non - Resident I I Clarkston General Acti May-31-2023 Jun-01-2022 Business - Non - Resident I Coulee Dam 60 Acti May-31-2023 May-27-2022 General Business - Non -Resident Covington General Acti Jan-31-2023 Aug-15-2013 Business - Non - Resident Duvall General Acti May-31-2023 Jun-09-2022 Business - Non - Resident Edgewood General Acti May-31-2023 May-26-2022 Business - Non - Resident Edmonds General Acti Nov-30-2022 Nov-30-2021 Business - Non - Resident Ellensburg General Acti May-31-2023 May-26-2022 Business - Non - Resident Elma General Acti May-31-2023 Jun-02-2022 Business - Non - Resident https://secure.dor.wa.gov/gteunauth/_/#8 2/4 7/26/22, 10:26 AM Washington State Department of Revenue Endorsements held z License # Co Deti Stat Expiration date First issuance date Enumclaw General BUS2022- Acti May-31-2023 Jun-07-2022 Business - Non - Resident Federal Way 94-10264 Acti Jan-31-2023 Feb-10-2000 General Business - Non -Resident Ferndale General 050048.0 Acti Jan-31-2023 Jan-27-2021 Business - Non - Resident Fife General Acti May-31-2023 May-31-2022 Business - Non - Resident Gig Harbor Acti May-31-2023 May-27-2022 General Business - Non -Resident Gold Bar General Acti May-31-2023 May-31-2022 Business - Non - Resident Governing People May include governing people not registered with Secretary of State Governing people HEISLER, CHRISTOPHER O JANG, THERESA JOHNSTON, GORDON A LERNER, STUART E https://secure.dor.wa.gov/gteunauth/_/#8 3/4 7/26/22, 10:26 AM i Governing people Washington State Department of Revenue Title STONE, JEFFREY P View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/26/2022 10:26:45 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/—/#8 4/4 Kari Cimmer From: Taryn Weatherford Sent: Monday, July 25, 2022 3:31 PM To: Kari Cimmer Subject: RE: Certificate of Insurance Yes ma'am!! Q TARYN WEATHERFORD Legal Assistant, Civil Division Ph: (253) 835-2562 1 F: (253) 835-2569 taryn.weath erford P citvoffederalway. com C" eo Federal Way camww �ftr From: Kari Cimmer <Kari.Cimmer@cityoffederalway.com> Sent: Monday, July 25, 2022 3:31 PM To: Taryn Weatherford <Taryn.Weatherford@cityoffederalway.com> Subject: RE: Certificate of Insurance Ok, just so I'm sure I understand this.. Kent has ok'd us moving forward with the generic C01 forms and this email as the T01" to be routed along with the other paperwork when I send it to Law. Does that sum it up? iM From: Taryn Weatherford <Taryn.Weathe rford@cityoffedera lway.com> Sent: Monday, July 25, 2022 2:00 PM To: Kari Cimmer<Kari.Cimmer@cityoffederalway.com> Subject: FW: Certificate of Insurance Importance: High Kent approved going forward with this!!! NOTE ****Please do not forward this e-mail ***** TARYN WEATHERFORD Legal Assistant, Civil Division City of Federal Way Ph: (253) 835-2562 1 F: (253) 835-2569 taryn.weatherford@c'ityoffederalway.com em a Federal Way «00 ly From: Taryn Weatherford Sent: Monday, July 25, 2022 1:55 PM To: Kent van Alstyne<Kent.VanAlstyne@citvoffederalway.com>; Tonia Proctor <Tonia.Proctor@cityoffedera[way.com> Subject: FW: Certificate of Insurance Importance: High Stantec responded with this: have attached our generic COls which lines out our coverage; it is Stantec building practice to not name clients on our insurance until executed documentation has been confirmed. I understand this is not something you come across but in order to submit Client specific COls we need an executed contract. Once that has been completed, I can turn around a COI request pretty quickly. Documents are in the back up file labeled Stantec GL, Stantec PL Thoughts? Looks the same as what was provided to Tonia TARYN WEATHERFORD Legal Assistant, Civil Division Ph: (253) 835-2562 1 F: (253) 835-2569 taryn.weath erford @ cityofFederal_way.cam cr" *, Federal way i • �d on Dppordarley From: Kari Cimmer <Kari.Cimmer@citvoffederalway.com> Sent: Monday, July 25, 2022 10:55 AM To: Fote, Christopher <Chris.Fote@stantec.com> Cc: Taryn Weatherford <Taryn.Weatherford@cityoffederalway.com>; Keith Niven <Keith.NivenC@cityoffederalway.com> Subject: Certificate of Insurance Importance: High Good morning Chris, I heard your message on Friday. We really do need the Certificate of Insurance before the contract is executed. Our legal department (and likely yours) need to verify that the insurance criteria is met prior to execution. I currently process all of the contracts in our department and have never encountered an issue with obtaining a copy of the COI prior to execution, so I'm perplexed. I copied an excerpt from an earlier email indicating what we originally requested If there is anything additional I can do please let me know. Thank you, K.Q. c,, c9Dr Administration & Permit Center Supervisor Amanda Administrator A* Federal Way 33325 81h Avenue South 2 Federal Way, WA 98003-6325 Phone:253.835.2629 1 Alt: 253.835.2607 1 Fax: 253.835.2609 www.cityoffederalway.com Ka ric @cityofFede ra Iway. com Permit Center Hours, Mon - Fri 9:00 am to 4:00 pm A copy of Stantec Inc.'s current Certificate of Insurance (Liability and Professional insurances) with the City of Federal Way as a certificate holder. Please note the highlight on page 3 for the insurance minimum limits. CERTIFICATE OF LIABILITY INSURANCE 5/1/2023 DATE(MMIDD/YYYY) 7/29/2022 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 Lockton Companies ACT NAME: PHONE FAX JAI., Nu: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 E-MAIL ADDRESS: ketSu@lockton.Com INSURERS AFFORDING. COVERAGE NAIC# INSURER A: Berkshire Hathawa Specialty Insurance Company 22276 INSURED STANTEC CONSULTING SERVICES INC. 1415077 370 INTERLOCKEN BLVD., SUITE 200 INSURER B; Travelers Property Casual Co of America 25674 INSURER C. INSURER D, BROOMFIELD CO 80021-8009 INSURER E : INSURER F : COVERAGES *N CERTIFICATE NUMBER: 18757268 REVISION NUMBER: fix( 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. TNSR TYPE OF INSURANCE AADL SUER POLICY NUMBER PM(D Y EFF POLICMMMOOY EXP rfYM LIMITS rA X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XOCCUR CONTRACTUAL/CROSS Y N 47 - GLO-307584 5/l/2022 5/l/2023 EACH OCCURRENCE DAM aG aNTE?D .. MED EXP An one erson S 2, 00,000 S 1.000.000 X S 25 000 XCU COVERED PERSONAL & ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ' POLICY � PE� N LOC OTHER: GENERAL AGGREGATE S 4 O00 000 PRODUCTS - COMP/OP AGG S 2 OD0 000 S B B AUTOMOBILE LIABILITY ANY AUTO AUTOS ONLY AUTOSULED HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Ni N TC2J-CAP-8E086819 (AOS) TJ-BAP-8E086820 5/1/2022 5/1/2022 5/1/2023 5/l/2023 COMBINED SINGLE LIMIT TAAcCiderlt),. BODILY INJURY (Per person) $ 1,000,000 SOWNED X3CXXXXX. I BODILY INJURY (Per accident) P OPERTYDAMACE ,.@� , 5 x xxxM 5 XXXXXXX s xxxxxxx A X UMBRELLA LIAB X EXCESS LIAB j�' OCCUR CLAIMS -MADE N N 47 - UMO-307585 5/1/2022 5/1/2023 EACH OCCURRENCE 5 5,000A0 AGGREGATE s 5,000�000. DEL) I I RETENTIONS S xxxxX.xx B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? NI (Mandatary in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA N NUB-3P635310 (AOS) UB-3P5330I14(MA, WI) EXCEPT FOR OH ND WA WY 5/1/2022 5/l/2022 5/1/2023 5/I/2023 X I STATUTE ER E.L. EACH ACCIDENT S L000 00 EL. DISEASE - EA EMPLOYEfi $1 0 0 00�„ O E-L. DISEASE - POLICY LIMIT S 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT NAME: CITY OF FEDERAL WAY -FEDERAL WAY MEMORIAL STADIUM LIGHTING. THE CITY IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANGELLAI ION NeeAttacilment. 18757268 CITY OF FEDERAL WAY: 33325 8TH AVENUE SOUTH FEDERAL WAY WA 98003-6325 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 n IgAR-7t)15 ACr)Rr) Cr)RPr)RATIr1N_ All rinhts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D564542 Master ID: 1415077, Certificate ID: 18757268 STANTEC CONSULTING SERVICES INC..; 1415077 18757268 CITY OF FEDERAL WAY: 33325 8TH AVENUE SOUTH, FEDERAL WAY, WA 98003-6325 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 18757268. You must reference this Certificate ID number in order for us to complete this process. ■ Certificate ID: 18757268 • Email: kctsu@lockton.com • Subject Line: TSU E-Delivery Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lockton. The email you receive will look like this: twi CW.cYfs r i.MaW �Nrw. n.— "4: Die m +aw [w +M rw i I'NM. •awt., r lG YM r— WN; oe.*., of Yi 14 If you received this letter with a certificate via email, no further action on your part is necessary. If you no longer need this certificate, please contact us at the email address above, reference the Holder ID number and use this subject line: "Certificate Removal" NOTE. • Please do NOT send certificate requests or other insurance inquiries to the email inbox above. Instead, use this email for in uiries: EEC-Inquiries@lockton.com Thank you for your cooperation. Lockton Companies Technical Services Unit 6riail 12 l.irsikng Updai� - uO iiiiy Ccriik,Atfes CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)10/1/20zz 1 1/29/2022 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 Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000AD kctsu@lockton.com CONTAC1 ' NAME PHONE FAX AIC No ; EMAIL s INSURERS AFFORDING COVERAGE NAIC # INSURER A: Berkshire Hathaway Specialty Insurance Com an 22276 INSURED STANTEC CONSULTING SERVICES INC. 1414100 370 INTERLOCKEN BLVD., SUITE 200 INSURER B : AIG Specialty Insurance Company 26883 INSURER C : INSURER D : BROOMFIELD CO 80021-8009 INSURER E INSURER F COVERAGES •N CERTIFICATE NUMBER: 18757256 REVISION NUMBER: Xx7CXXXX 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 LTRimsn TYPE OF INSURANCE ADD B POLICY NUMBER POLICY tiFP MP Dtl EXP. LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR NOT APPLICABLE EACH OCCURRENCE S XXXXXXX DAMAGE PMISI 50 RENTED Deco n a S xyXX-Xxxx MED EXP (Any one person) S =X'XXXX PERSONAL & ADV INJURY S xxxx= GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S xxXXXXX POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG S XXXXXXX $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE (CO�EaMB ucddo chintsiNGLE LIMIT 5 XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE Per Rcra t 5 XXXXXXX sXXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ 11x XXX AGGREGATE $ XX3 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ 5 XxXXXXX 1 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 1 NOT APPLICABLE STAT ER EL EACH ACCIDENT S XXXXXXX OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A EL DISEASE - EA EMPLOYE $ XXXXXXX E.L DISEASE- POLICY LIMIT S XXXXXXX If yes, describe unde DESCRIPTION. OF OrPERATIONS below A Professional Liab N N 47-EPP-308810 10/1/2021 10/1/2022 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2021 10/1/2023 S3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT NAME: CITY OF FEDERAL WAY -FEDERAL WAY MEMORIAL STADIUM LIGHTING. L. tt{ I It-R-A l 1= f1ULULt< l./ANt r_LLJA I IUN 18757256 CITY OF FEDERAL WAY: 33325 8TH AVENUE SOUTH FEDERAL WAY WA 98003-6325 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 REPRESENTA ©198ORD CORPORATION. All riahts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD