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AG 08-012RETURN TO: Tina Piety EXT: 2601 CITY OF FEDERnL WAY L�W DEPARTMENT ROUTING FORM l. ORIGINATING DEPT./DIV: CED/BLnG 2. ORIGINATING STAFF PERSON: T►NaY1E7'Y EXT: 2601 3. DATE REQ. BY:_2/24/12 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 O MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT O HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BONDRELATED DOCUIvIENTS) � ORDINANCE ❑ RESOLUTION X CONTRACT AMENDMENT (AG#): 4/ 08-012 O INTERLOCAL � OTHER _ S. PROJECTNAME: BuILDING PLANS REVIEW 6. NAME OF CONTRACTOR: MEiER ENTERPR[SES, INC. ADDRESS: $697 GAGE BLUD., KENNEWICK, WA 99336 TELEPHONE _509 E-MAIL: PMGIEVER(C7�,MEIERINC.COM FAX: SIGNATURE NAIVIE: P,aU1. M. G�EVEtt TITLE STRUCTURAL GROUP MANAGER EXHIBITS AND ATTACHMENTS: ❑ SCOpE, woRK oR SExvICES ❑ Co1vtPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS X PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES X PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: JAtvUARY 1, 2012 _ COMPLETION DATE: DECEMBER 31, 2013 9. TOTAL COMPENSATION $ 100,000 (INCLUDE EXPENSES AND SALES TAX IF At�Y) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLEEXPENSE:D�S ONO IFYES,MAXIMUMDOLLARAMOUNT: $ 1S SALES TAX OWED O YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: _N/A — Is a pass-throu�h account 10. DOCUMENTlCONTRACT REVIEW � PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) a LAW I IAL! DATE REVIEWED INITIAL/ DATE APPROVED � i I � Z. �Z�- --- 11. COUNCIL APPROVAL (tF .�p[,icAS1.E) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �ENTTO VENDOR/CONTRACTOR DATE SENT: 2 �� DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTI 1CA E, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ S IGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED INITIA L / DATE SIGNED �l' 3 0 - I.Z- - Z AG#� �-Ol2D DA1'E SENT: 5'2' I Z COMMENTS: Amendment to extend the term 11/9 �irv �r� CITI' H,=a.LL .s332� 3th ,�.;tentEe South FeGEra( i�b'ay, 1%JA 980073-S325 `'` �.._.. .; � (2�3) $3�-7€��0 '1rL-Y+.�lib �fi�f�,{E?F'F.tf6i�=rj':.CC)I.Y` AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS REVIEW This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Meier Enterprises, Inc., a State of Washington corporation ("Contractor"). The City and Cantractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of plan review to the building staff ("Agreement") dated effecti�e January 1, 2008, as amended by Amendment No(s). l, 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, 2013 ("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, 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 - 1/2010 s ��A� I � � � � CITI` H�L� .3�3325 �th �,��;en�fe Snuth � Federal'��la}�,''v'��A �80��3-�:i25 (2��3I 835-70�Q s rks�E-u c:it4 ofiL c7E�,onve,y c:c>r; � IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Prie t, Mayor DATE: � � � • �.012, ATTEST: � City Clerk, Carol Mc eilly, C C APPROVED AS TO FORM: � City Attorney, Patricia A Richaxdson Meier Enterprises, Inc. B �� r rn ��'�- y. � Paul M. Giever Structural Group Manager DATE: � I IJ'�� � � STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me Paul M. Giever, to me known to be the Structural Group Manager of Meier Enterprises, 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/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 � ������,. ,�� .N����i �� ..••••• S �� �P. \ ,�•. �i = Q ' .�•�' rf�" �1r _ 0;�� O�ARY'"' � . � . N �� : * : P * �. PUB1. ; - .��y :14' ?: i � � 1 S� ��; ',ch�� �.. �//���OF Yd;���� AMENDMENT , . � �� �1.1 . � � � '�'_�L r /� %� � � -�='Z � _ � , . . -� � � � 1 Notary Public in and for State of Washington. My commission expire ��o����.p ! _2_ I/2010 RESOLUTION MEIER Enterprises, Inc. MEIER Enterprises, Inc., Board Meeting was held on August 14, 2007. Board Members were present and hereby adopt the foltowing resolution: IT IS HEREBY RESOLVED that the Board ofDirectors position shall be as follows; Terry E. Meier, Chairman Steve R. Anderson, Vice Chairman Paul M. Giever, S�retary Wesley L. Bratton, Outside Board Member Mark H. Gehlen, Outside Board Member This resolution was unanimously aclopted by the Board of Directors. DATED this 14� day of August, 2007. /' �( . � Paul M. Giever, Secretary notice stating the place. day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called. ACTION BY SHr1REHOLDERS WITHOUT A i�IEETING� Any actio� required or permitted to be taken at a sh�reholders' meeting may be �taken without a meeting if a written consent setting forth the acaon so taken is signed by ai! shazeholders antitled to vot� with resp�ct to the subject matter thereof. Anv �such consent shall be: inserted 'in the minate book as if it were the minutes of a sharehofders' meeting. � UO �RUM. A majoriry of the outstanding shares of the corporation entitled w vote, represented in person or by proxy, shall constitute a quorum at a shareholders' meeting. If less then a majority of the outstanding shares are represented at a meeting, a majority of the shares so represented may adjourn the meeting from time to rime without notice. At an adjourned meeting at which a.quonim is present or represented, any business may be transacted that might have been trensacted at the raeeting �s originally notified. The shareholders present at a duly organized meeting may continue to transact business until �adjournment, notwithstanding the withdrawat of enough shareholders to Ieave less than a quorum. PRO I S. At �II shareholders' meetings a shazeholder may vote by pmxy executed in writing by the shareholders or by his attorney in fact. Such proxy shall .be filed with the Secretary of the corporation before ar at the time of the meeting. Unless otherwise providect in the pmxy, a proxy shall be invalid after i l months from the date of its execution. VOTING OF SHARES. Each outstanding share entitted to vote shall be entitled to one vote upon each matter submitted to a vote at a meeting of sharehotders. ARTICLE III. BOA,RD OF DIRECTORS GENERAL POWERS. Tha business and affairs of the corporation shatl be managed by the Boazd. NUMBER TEMJRE AND OUALIFICATIONS. The Board shall be composed of five directors, pravided, however, that the number of directors may be changed from time to time by an amendment to these Bylaws, but no decrease shaIl have the effect of shortening the term of any incumbent director. Each director shatl hold office until 'the next annual meeting and uatil 1us successor shall have been elected and qualified unless he resigns or is removed Dire�tors need not be shareholders of the corporation. Every direetor shall be a licensed professional engineer. REGULAR MEETINGS. A regular Board meeting shall be held without notice immediately . _ a.�er and �t usI oFslrareha�de -resa�or�t�e Beertd- .-- 8" rs:—B3'- m� �- --------- pravide the time and place either within ar without the State of Washington for holding additional regular meetings without notice other than such resoIution. BYLAWS - 2 COiNAN WALKER. P.S. Araney� �t Isw P.O. !at !X� 507 %iwplM SIreM. 3u4 9 Neband. War�p� � TWphon! (SOB19tJ�2676 MEI35930 � � DATE (MM/DD/YYYI� :oRO CERTIFICATE OF LIABILITY IN�RANCE 8l29/2011 THIS CE�RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS lCERTIFICATE 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(les) must be endorsed. If SUBROGATION IS WAIVED, subJect to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER N�EA� Kay Tucker Commercial Lines - (509) 358-3800 PH� N . 509-358-3951 p� N , : 509-358-3937 Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 e•hn,e,i� ka tucker wellsfar o.com 601 West Main Street, Suite 1400 ADDRESS: y @ g � INSl1RERISI AFFORDING COVERAGE NAIC # Spokane, WA 99201-0635 iNSUReo Meier Enterprises, Inc. 8697 Gage Blvd. Kennewidc, WA 99336 iNSUReR a: Valley Forge Insurance Company 20508 iNSUReR e: National Fire Ins. of Hartford-A CNA Co. 2��8 �NSUeeR c: Continental Casualty Company 20443 iNSUReR o: Beazley Insurance Company 37540 COVERAGES CERTIFICATE NUMBER: 3168141 REVISION NUMBER: Ses below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY IXP UMITS TR POLICY NUMBER MMIDD MMIDD A (3ENERALUABILITY 82088004507 08/28/2011 0$/2J/2��2 �`CHOCCURRENCE E ��� DAMAGE TO RENTED X COMMERCIAL GENERAL LIABIUTY PREMISES Ea oc urrence $ ��� Carrier Rated A, XV CWMS-MADE � OCCUR MED EXP (My ons person) $ 10,000 PERSONAL 6 ADV INJURY E �•��� GENERAL AGGREGATE E 2•��� GEN'L ACiGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG Z 2•��� POLICY X P � LOC S B AUTOMO&LE LIABILJTY 62098004653 08/28/2011 �$/2$/20� 2 COMBINED SINGIE LIMIT �� 0 � Ea accident X ariv nuTO Carrier Rated A , X�/ 60DILY INJURY (Per pereon) 3 ALL OWNED X SCHEDULED BODILY INJURY (Per accident) S X HI�RED AUTOS X NON-0WNED PROPERTY DAMAGE s AUTOS er a S C x uMe�w►une x�cuR 2098006564 08/28/2011 08/28/2012 �CHOCCURRENCE S 5.�,� EXCEBS LIAB CLAIMS-MADE Carrier Rated A , XV AGGREGATE $ 5 •��� DED x RETENT�ON 10,000 S NlORKERS COMPENSATION WC STATU- X OTH- A AND EMPLOYERS' UABIL(TY Y � N 62098004507 O$/2$/2�� � 0$/2$/2�� � TORV lJ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S �'�'�� OFFICER/MEMBER EXCLUDED? ❑N N � A WA Stop Gap (Mandatory In NH) E.L DISEASE - EA EMPLOYE E ����� ir y�, aescr�be �r,d�r Carrier Rated A, XV DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY UMIT E �•���� D Professional Liability - V15VHL100501 OS/28/2011 08/28l20'12 z.000,00aa,000,000 Enors & Omissions Carrier Rated A, VIII DESCRIPTION OF OPERATION8 / LOCATIONS / VEHICLES (AMach ACORD 101, Additionsl Rsmarks Schedub, if moro spaa Is nqufnd) Certificate Holder is Additlonal Insured with respects the operations of the named insured as granted by the pol(cy. City of Federal Way P.O. Box 9718 Federal Way, WA 98063 SHOULD ANY OF THE ABOVE DESCRIBED POUCIE8 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTiCE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUiHORIZED REPRESENTATIVE 9��� ���µ The ACORD name and logo are registered marks of ACORD � 1988 O ACORD CORPORATION. All rights reaerved. ACORD 2S (2010/05) I IIIIIII (II I'�I�) IIII �III IIIIII I�I IIIII IIIII IIIII �IIN IIIII IIIII IIIII IIII) IIIII (II) IIII �cveotnzar000ss,rouosroioiao• u Thfs endorsemer�t modities Insurance provlded under the bllowing: S'8-1469;i�2-C (Ed. 01/�8) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON-CONTRACTORS BLANKET ADDITIONAL INSURED �/1/A BUSINESSOWNERS LIAB(LITY COV�RAQE FORM Coverage aifo�ded und�r this e�cteneion of c�verepe endorsemeM does not apply to arry person or organiza�on covared as an additlana! insured on any Wher endorsemeM n�► or hereaiter attad�ed to this Coverage Part. 1. ADDtTIONAL INSURED - BLANKET VENDCRS YYFIO IS AN lNSURED is amended to indude as an add�ional insured eny person ar orgattiza�on (referred to below as vendor) with whom you agreed, becau�a of s wrriten contract or agresment � provide fr�urance, but oniy wIm respect �•bod�y InJury' or �ProP81'�Y �9a� a� � �'l/cur produds' which are dlsMibuted or so�i fn the regular oowse of the va�dor's business, subject m the iollowinp adc�ffonal aoct�usiot�: 1. The lnsuranoe afforded ihe vendor does not apply �o: a"Bodtly lnjury' or 'properlyr demage• tor which ths vw�dor �a obiigated ta pay dama�s by rea�on af the e�ssumptlon of liebiiiiy in a oontract or agr�meM. This axd�lon does not apply to IlabNity for damayes that the vendor wou� have in the absence of the camrad or agreemer� b. Any e�rees warraMy unauihaized by you; � a My physical or cherruc:al chsnge in tluu� pro�uct made ir�teMlor�ally by the vendor, d Ropedca�q� eoocept when unpecked sdely for the purpose � inspectlon, demonstra�on, tesdng, or the substltutla� of perl� under fnalructlo� irom the manufacturer. and then repedcaged in the orig�al oontaMer, �. My feilure to make such i�pec�ons, sdju�rnents, �e or servianp as the vandor has a�eed to maks or normally undertakes �o matke in the usaal course of business, in c�nnecUon with the digtributlor� or sele of the producl�; i f. Demonstratbn, Installatlon, setvidng or repair operation�, sacept such opera�or� perfonned at the vendor's prem�s in oonnection witl� the sals af the product; 9. Products which, after diaMbutlon or sale by Ycu, have been Isbeled or relabeled or u�d aa a c�ainer, part or tnpredieM of arry olher thirq or ��tsnce by or for the vendor, or h. 'Bo�y InJury' a' �pr�oPertl► dana9s' arising out of the so� neylt�enoe of the vendor for its own at�s or omiesfon or thoss of its employeee or ar� e�e ac�ing on hs behatf. Howe�v�, tt�e e�cdusbn does not appht �: {1) The axoeptlons cor�tained � �P��Pf� d or t.; or a) Such ir�spec�ons� �� te�s or setvianQ as the vendor has s�eed to make or nanbNy undertakes to rnaks tn the ��al c�ur�e o� busine�s, in oonnocibn with the disb�utlon or aale � 1tw produc.fs. 2. This insurence does not apply to a�► ir�ured person o� orgeniLa�tior,, from whom you nenra aoquired sudt product�� a' atn► Ingredlent, part ar container, eMeriny into� acoornpsrry6ng or c�ontaining such producls. S. Thfs provision 2. does rwt appy to any vendor induded as an ir�sured by an endorsameM issued by us and made a part oi lhis Co�rera�e Part. 4. This provislon 2 does not apply if 'bo�ly in1wY� � �ProP�rtY datna�" 6�duded witt� the �p�ro�oOmple�d ope�a�or�s hazard' � exduded elther by tt� � of the Coverage Part or by atidorsemeM. 2. NI�CEl.LANEOUS ADD�fIONAL � WHO IS AN INSEJRED is amended to indu� as an Insured any person or orgenization (called adc�tlor�! insure� desaibed in paraqrapl� 2.�. ttuou� �h. belaw whom you �te requfred m add as an add�ional insured on this poNcy under a wit�en corrtract or a�semen# but the written con6ract or apreemeM must be: 1. Curremly in effec:t or beoomin� sTf�c�ivo dudn� the �erm of this poWc.y; and �. Execu�ed prlor to ths 'bo�lY �'�1�ry " 'P�'aP�Y �me9a' a' 'Personal and adverdsin9 �rY, but CMly ttr� follorr� parsona or crqa�ni�atf� ore ad�tlona! ir�sureds under this e�dorsement and SB-14�C Pe9e i of S (Ed 41/08) I IIIIIII III IIIIII) IIII �III II��I (III NIII IIIII II�I II�I IIIII II�I'll� �� (IIII IIII IIII ����, ��� S&146932-C (Ed. �t/OS} � — i � � �"e. e � � i ..�. : � i � �x � .� c�verage provided to such addi�onal insureds is IEmfted as pravided herein: a. Ad�l N�utad – Yoar Work That person or organizs�on for whom you do work is an addi�onal insured solsly for liabiliiy due � your negligence specmcally resuiting from your work for the additional It�sured which is the subject of t�e written wntrad ot wdtten a�eement. No c�vera9� �PPtfes to �abilihr resultln� from the sole negligence of the additianal insuted. The irreu� � to the additlonal Insured ts Iimttsd as follows: (1) The Limtts of Insurance appik�ble to the adc�tional insured are those spedfled in the written coMract or wrilten aQreement or in the Declara�ata of this poli�r, whichever is less. Tt�ese Lhnits ot ln�urance are indusive of, and not in addl�on to, the Limits of Ineurence shawn in the Dedaratlons. (2y The coverape �ravided � ths adc�tional (n�ured by this endorsemeM ar�d para�reph FA. af tl�e definitlon oi 'Ir�sured coMrad' unde� LIrblNty and IMdic�l Exp�r�a D�Anitlons do not aPP�Y to "bodily inl�N' �' 'proPsKY damage' arising out af the "products- cotnpleted opara�ons hazard' uniesa required by thv wrttd�, coMraci or wri�n agreemeM. (S} The ineuranoe provided � the ad�dona! insured does not apply to "bo�fy �njuN,' "property damage,' or 'personai and adver�sing Injury' eri�in� out of the renderin� ar fai�re tio render any profesefonaf services. b. Stata or P�oilticsl $t�l�dlvlsfota A state or polidc;al sub�visiat �ubject f,o 1he folia�ring pr�isions: {1) This ln�rance appiles only with te�peCt to the f01lOWinq t►uzelyds f01' which the state or poli�c�l subdhrision has issued a permR fn conneciion wRh premises you own, rent� or control and �o which th� insu�ance ��: (a) The a�tistence, mair�tenance, repair, cons�ructlon, erec�lon, or removai of advertlsirtp stgr�s, awNr�qs� c�nopies, c�llar S&14�l-C {�d, o��} enVances, coal holes, d�(veMrays, manholes, marquses, hoistaway openings, .sidewalk vaults, street banners, or deoorations and slmAar e�res; or (b) 'The canst�ucti�on, erection, or removal of elevators; or (2) 7his Insuranc;e applies only with resPed �o opera�ons P�fa�ned bY you or on your behalf for which the state or polidc�l subdiWsion Itas laeued a perm�. This ir�sutance does not apptY �'�Y inj�ry; 'proPe�lY d�mage� or `Peraonal end advertlsin9 injary' ari� out of op�e�ons per�onned �r the amte or mur�idpalify, a CantnoNir�p �+�st MY persor� or o�ganizaiiorro wtih a c�ottitro�irp ir�rest � yov but only with tespect to tl�it llet�it�I arisir� out o�: (1I 'fFwi� i'inanda! ooMrol � ycw; or l�) Prernf�es thsY oNm, mai� or cona�a wnil� yaa � � o«�y these prembes. Trib �surence does not apply to strtw�al alteratbns� nwv oonstritc�don and demoiltbn operatio� Porfortn�d bY or for such acidNfona! Ensured. d. Mw�ra or L�aors of Pr�s A r�na�r or lesaor � pr� but on1Y wfth re�pect to Aabilliy u�ing out oi the owne�hip, malMsnance or �e oi that spec�� part cf the pre�ss le�sed to you and aubject to the following addt�onal eocd�ioc�: This insuranco doe� rrot apply io: {1j Any 'occurrenos' wh�fi tala� �a aft� you c�oese to ba a tenent in that �� � (?a Strt�tural al�ratior�� ne�w oonstruc�tlon or demoGtlon cperation� perfom�ed by or on behalf of such addfbonal ir�red �. Mo�, Assiyn� a R�o�iv� A mor�a�ee� assiqnse or reoahl� but ot�y with resped to �etr ilebilHy as �� � w � � a�sing out of tl� a�mership� malnten�nce, or use � a pnerrdses by YW Page 2 of 9 IIIIIII III (IIIIII IIII IIIII IIII� IIII IIIII IIIII IIIII (�III IIIII (III� �III II�I IIIII �II II� •�„�„��� ro• S&148932-C (Ed. Oi/�8) This insurance does rat apply to structural altera�ons, new construction or demolitlon opere�or� perbrmed by or for such addt�onal insured. t, Owrwr�r Mta�sst� — Land is L.�es�d M own� or ather interest from whom land has been leased by you but oMy with respect �n Nab{If�l arising out of the ownership� malntenanos or use of that �peciflc Part of #he land leased to you and subject to the touowing additional axduslons: Thfs ir�surar�ce does r�at apply �o: (1) MY 'oca�rrence' which takes piace after ycw c�ase �o lease thai land; or C2} Struclurai slteraffong� new constructlon or demolition opera�ons perfamed by or on behRlf of such additlonal Insured. g. Co�o�wn�r of Utrur�d Pnmiss� A co-owner of a premises co-o�wned by you and c�vered wxler tt�s insuranoe but on(y with resped to the oo-awners liabilii�► as oo�o�uvner of such prernissss. h. L:�or �I F:q�lpn�o�ot MY person or organizatia� irom whom Youu lease eqWPmsr�. Sckh person or orqanitation are insureds oniy wiih respect to their Nability arieinq out of the mafMenance, operation or use by you of equipmeM lessed to you by such per$a� or organization. A person's or organizatbn's status es an insured under this endorsemer�t �ds when tt�� written contract or agreement with you fcx such leased equipment en�. VVith respect to the insu�ce afforded these ad�tional insure�, the tollowing additbnal e�cdusiot�s appy: This lr�renos does not appFy: (1) To any 'occurrw�ce' whk:h take� placa after ths equ�rnent �ase eot�res; or �) To '�� inl � � ProP � Y ��' or 'personstf and adv�lsir� ir�ury' arising out of tho sde ne�lipenvo of st�ch additlatal Irtisurod. Any tnsurance provided to an addftlona! In�ued desigr�ated under parayraphs a. through h. abo�ro does not apply to 'bo�ly in�ry' or 'property dama�a' incEuded wfihin 1he 'Pro�cts-oomPieted opereflor�s hazard " 8. The following ls added �o Par�aph H. o? ttro BUSMIESSOVYNEF� CO�ION POLJCY OONDInONS: H. OlMr lea�arro� rl. 'mis Ir�surence is aoaces�. o�►er any a�her Y�surance neming the ad�al Meurad es an ins�ued whe�ter �uimary� s�cce�s, c�ontlngant or on eny other bask unlees a wri�sn oontrect or wri�en agreement spec3fically requires ihat � ir�anoa be sither primarY a' P�rY aru! nonconMbutinq. 38-14883�-C Payr 3 oi 8 �Ed. °'�' I IIIII� III IIIIIII IIII Iilll Illlll IIII IIIII IIIiI III� IIIII IIIII II�I III� �III lllll Iill IIII .�Y� ,� t�°� . Commercial Lines - (509) 358-3800 Welis Fargo Insurance Senrices USA, Inc. - CA Lic#: 0 601 West Main Street, Suite 1400 Spokane, WA 99201-0635 m� iu City of Federal Way P.O. Box 9718 Federal Way, WA 98063 IIIIIII tll �IIIII IIII IIIII NIIII IIII (IIII IIIII IIIII IIIII III�I �III lllll IHII �II (II) IIII •CYBOtA291000587/07/0510IaW0' RETURN TO: -; - '�- � ; EXT: CITY OF FEDERAL WAY LA�V DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: (' �j � � �Q(,-, 2. ORIGINATING STAFF PERSON: '� !! -- ---�- � EXT: ���3 7 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT (AG#): �� -C j 2) ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: . � � � � n o � �(,;, �.-, � � �„ �c � � 6. NAME OF CONTRACTOR: �� p; p r ��� k e��r- i S�� 1 ri t� ADDRESS:_�hq7 ��-E,,���--Bi-v��—iLc_t���±a±- ��( •�;��• TELEPHONESo`i-"13 E-MAIL: FAX: SIGNATURENAME: „i j�„� TITLE(���;v;l��S�Eru��vr��� �i-it'r�,� i�'1T�c�'er 7. EXHIBITS AND ATTACHMENTS: ❑ sCOPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIF[CATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: ,� n� 2 6 1 � COMPLETION DATE: ��. ,�� Zb 1) 9. TOTAL COMPENSATION $ pp C! (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR C RGE -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: j� I�, 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATEREVIEWED INITIAL/DATEAPPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW ll . COUNCIL APPROVAL (IF APPLICABLE) ,t� , �� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � SENTTO VENDOWCONTRACTOR DATE SENT: ��Z� �y� (� DATE REC'D: %��✓ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS /� � AV�HEPARTMENT D�NATORY (MAYOR OR DIRECTOR� [� CITY CLERK [� ASSIGNED AG# I'� SIGNED COPY RETURNED INITIAL / DATE SIGNED '2��� � i � ��� AG# -(�� DATE SENT: Z -t � COMMENTS: i � rn �r�l'��+'�^ c� 't"_�___,T ��� 11/9 � ` CITY OF CITY HALL � Federa I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www crryoffederalway com AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS REVIEW This Amendment ("Amendment No. #3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Meier Enterprises, Inc. a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement far on-call plan review of inechanical and structural systems ("Agreement") dated effective January 1, 2008; as amended by Amendment No. 1 dated effective January 1, 2009; as amended by Amendment No. 2 dated effective January 1, 2010; as amended by Amendment No. #3 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 2 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, 2011 ("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 a11 acts done by either Parly 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 - 1 /2010 � ` C17v OF CITY HALL � F� ���� I W�y 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-9718 (253)835-7000 www. crtyoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY _.. . � By: i ries , ayor ATTEST: City Clerk, Carol McNei ly, CMC DATE: INSERT CONTRACTOR'S NAME M���er' En�e.c��pr�be.s, Z►��. By: (1�_Gc,r,l` �. ^ Printed Name: �G��n� �' i• N �� y� Title: I J�C� t� fi��t`P�' � �C'61�� �G� (� DATE: � � � d� I � STATE OF WASHINGTON ) ) ss. COUNTY OF f APPROVED AS TO FORM: � City Attorney, Patricia A Richardson '/, � O� _this day p rsonally appeared before e ���" �� �/�(��'-{� to me known to be the �t' Lt.. �Lt,,� f�G' of ������-��r ,�� �,�,�. that executed the foregoing instrument, and ackno led ed 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 �� day of J� , 2011. ` ��11 i 11 ll I ���� ^- � R ' `�� S WF �, ` �''N �O'� Notary's signature `���\� EXp� i Notary's printed name N� S-� I<_ St,ve�� � 2:0 � pRY := Notary Public in and for the State of Washington. �o:" �G :�- + . P � g L � — My commission expires� �, 20 � � � ,�p'�; � � i� � 'l � €. � `' � ♦`�� ��'� �� OF W,���� AMENDMENT - 2 - 1 /2010 ,e1�iflt/l� •�'� �p � �� v V . ,�f �r .:.. � 1 .• ,� � /,p�►' u�` � r l• ''��ti .;' S . �,4` � ,,. . �, Y � �:�,�,� . . �, ' ATp '�=:�'s . • , ��,; ,.�t _ _. . ,,, . 1,/ . wH 4 ,, . ,, �q . ,. �• • �- . . : *� .�� �� ,�� �`� ��,I�l�`��`,� RESOLUTION MEIER Enterprises, Inc. MEIER Enterprises, Inc., Board Meeting was held on August 14, 2007. Board Members were present and hereby adopt the following resolution: IT IS HEREBY RESOLVED that the Board ofDirectors position shall be as follows; Terry E. 1Vleier, Chairman Steve R. Anderson, Vice Chairman Paul M. Giever, Secretary Wesley L. Bratton, Outside Board Member Mark H. Gehleii, Outside Board Member This resolution was unanimously adopted by the Board of Directors. DATED this 14"' day of August, 2007. �. � Paul M. Giever, Secretary Y � notice stating the ptace, day and hour of the meeting and in the c�,se oP a special meeting, the purpose ar purposes for which the meeting is called. ACTION BY SHAREHOLDERS WITHOUT A►VIEETTNG. Any actiot� required or pernutted to be taken at a sh�reholders' meeting map be taken without a meeti�ng if a written consent setting forth the action so taken is signed hy all shareholders enritled to vot� with respect to tt�e subject matter thereof. Any such consent shall be inser�ed in the minute book as if it were the minutes of a sharehofders' meeting. � UO ORUM. A majority of the outstanding shares of the corporarion entitled to vote, represented in person or by proxy, sh�ll constitute a quorutn at a sfiareholders' meeting. If less than a majority of the outstanding shares are represented at a meeting, a majority of the shares so represented may adjourn the meering &om time to time without notice. At an adjourned meeting at which a quorum is present or represented, any business may be transacted that might have been transacted at the meeting �.s originally notified. The shareholders present at a duly organized meeting may continue to transact business until �adjournment, notwithstanding the withdrsxwal of enough shareholders to leave less than a quorum. PR_ O�IES. At all shareholders` meetings a shareholder may vote by proxy executed in writing by the shareholders or by his attorney in fact. Such proxy shall .be filed with the Secretary of the corporation before or at the time of the meeting. Unless otherwise provided in the proxy, a proxy shall be invalid after 11 months from the date of its execution. VOTING OF SHARES. Each outstanding share entitled to vote shall be entitied to one vote upon each matter submitted to a vote at a meeting of shareholders. ARTICLE IIT. BOARD OF DIRECTORS GENERAL POWERS. The business and affairs of the corporation shall be managed by the Board. NUMBER TENURE AND OUALTFICATIONS. The Board shall be composed of five d'zrectors, provided, however, that the number of directors may be changed from time to dme by an amendment to these Bylaws, but no decrease shall have the effect of shortening the term of any ineumbent director. Each director shall hold office until 'the next annuat meeting and until his successor shall have been elected and qualified unless he resigns or is removed. Directors need not be shareholders of the corporation. Every direetor shall be a licensed professional engineer. REGULAR MEETINGS. A regular Boazd meeting shall be held without notice immediately _ a.f�er and�t�t����rarc��as�th�e - aruzua! - meetin� - of - shareh�fcters: Bq--resol�tt#or�,—�e Bo�t��-fna3r- provide the time and place either within or without the State of Washington for holding additional regular meedngs without notice other than such resolution. BYLAWS - 2 COWAN WALKER, P.S. AMaiuys at Law P.O. 8ac 827 607 %nght SueeL Su�e B RktdaM. VVasl�� 99352 Tekphone(509)91�2678 ME135930 A'COF�D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/31 /2010 PRODUCER Commercial Lines -(509) 358-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services USA, inc. - CA Lic#: OD08408 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 West Main Street, Suite 1400 Spokane, WA 99201-0635 INSURED Meier Enterprises, Inc. 8697 Gage Blvd. Kennewick, WA 99336 INSURERS AFFORDING COVERAGE NAIC # iNSUReRa: Transportation Insurance Company 20494 iNSURER B: National Fire Ins. of Hartford-A CNA Co. 20478 irvsuReR c Continental Casualty Company 20443 iNSUReR o: Beazley Insurance Company — 37540 INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY A GENERAL LIABILITY B2098004507 �$/28�20� � 08/29/2011 �CH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED n $ 300,000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2.000,000 X POLICY PRO- LOC JECT B AUTOMOBILE LIABILITY 82098004653 08�28�2�� � 08/28/2011 COMBINED SINGLE LIMIT X ANYAUTO 1,000,00 � Ea accident) $ 1,000,000 ALL OWNED AUTOS � BODILY INJURY X SCHEDULED AUTOS (Per person) � $ � X HIRED AUTOS � � . BODILY INJURY $ . . .. . (Per accident) �� X NON-OWNED AUTOS �- . � . � � . PROPERTY DAMAGE $ � � .. . - � � - (Per accident) � GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO � � EA ACC $ OTHER THAN AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABIIITY 2098006564 �8�28�2�� 0 08/28/2011 EACH OCCURRENCE $ 5,000,000 X OCCUR � CLAIMS MADE AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WC STATU- OTH- A WORKERS COMPENSATION AND 62098004507 �8�28/20� � 08/28/2011 - EMPLOYERS' LIABILITY E.L. EACH NCCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLU�ED? E.l. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER D Professional Liability V15VHL100401 08/28/2010 08/28l2011 z,000,000ia,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is Additional Insured with respects the operations of the named insured as granted by the policy. r.FRT���rnrF un� nFR CANCELLATION Ten D Notice f Non City of Federal Way P.O. Box 9718 Federal Way, WA 98063 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE �� s.._ f ACORD 25 (2001/08) 1 of 2 1731233 O ACORD CORPORATION 1988 IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/O8) 2 of 2 #S915260/M915043 .-------- ------- -"----'-'-•"a' � C/V'Il� S&14&932-C (Ed. 01/08) TNIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFULLY. NON-CONTRACTORS BLANKET ADDITI�NAL INSURED 'fhis endorsement modifiss insurance proViderl undsr the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded �nder this extension of coverage endorssmeM does nat apply to any person or organiza�on covered as an additional insured on any o#her endorssment now or hereafter attached to this Coverage Part, 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSlJRED �S amended to include as an addi�onal fnsured arry person or organizati�n (referred to below as vertdor) with whom you agreed, bscause af a written cor�tract or agrsement to provide ir�surance, but or�iy with respect to 'bodily InJury' ar 'properiy damage' arising out of "your products' which are distributed or sold in ths regular course af the ver�dor's business, subject to the following additfonal exclusions: i. The insuranoe afforded ths vendor does not $PP�Y to: a. 'Bodfly injury' o� 'property damage' fa� which the vendor is obligated to pay damages by reason af the assumption of lia6ii'�tyr in a contract or a�esment. 7'his exdusion does not apply to liabiliiy for damages that the vendor would have in the absence of ths contract or agreement; b. Any express warraniy unauthorized by you; c. Ariy physical or chernical change in the product made intentionally by the vendor; d Repacfcaging, except when unpacked solefy for the purpose of inspec�on, demonstratian, testing, or the substlttutian of parts under fnstructions from the manufacturer, and then repackag�d in the original container, e. Any failurs to make sudt inspections, adjustments, tests or servicing as ths vendor has agrsed to make or normally undertakes to make in the usual course of Iwsiness, in oonnaction with the �stribution or sals of the products; �. Demonstration, installatian, servicing or repair operations, except such operations perfom�ed at the vendor's �remisas in connection with the sale of the product; g. Products which, after distr�bution or sale by you, have been labsled or relabeled or used as a container, par# �r fngrecieM of any other thing ar substance by or for the vendor, or SB-146932�C {Ed. 01/08) h. 'Bodily injury` or 'property damage' arising out of the sole negfigence of the vendor for fts own acts or omission or those of its employess or anyone else acting on its behalf. However, this exdusion does not apply to: (1) The exceptior� oontained in Subparagraphs d or t,; or (2} Such inspections, a�ustmerrts, tesis or serviang as the vsndor has agrsed to make or normally undsrtakes to mai�e fn the usual course of business, in can�ectlon with the distribution or sale oi the producls. 2. This insuranoe does not apply to arry insured person or organization, from whom you have acquired such products, or arry ingredlent, part or container, entering into, acxompanying or containing such producis. 3. This provision 2. does not appfy to any ve�dor included as an insured by an endorsemsnt issued by us and rnade a part of this Covetage Part. 4. T'his provislon 2 does not apply if 'badily injury' or 'properiy damage' induded within the 'products-completed operations hazard' is excluded elther by the provislons of the Coverage Part or by endorsement 2. INISCEl.LANEOUS ADDRI�NAL �+ISUREDS WHO IS AN INSUFiED is amended fo indude as an insured any person or organizatian (calied additional insured) described in paregraphs 2.a. through 2.h. below whom you are required to add as �tt additiona! insured on this paicy under a written corrtract or ag��ment but tha writtsn oontract or agreement must be: 1, C�rre�tly in etfect or becoming effectivs during the term of this pol�cy; and 2. Executed prior to the "bodily 9njury," "property damage' or 'personal and advertlsing injury," but Only the following persons or organizations are addi�onal insureds under this endorsement and Page i of 3 (Version 1.0) SB-44693'L-C (Ed. �1/08) coverage provided fo such additional lnsureds is limitsd as pravided herein: a. Add'�ional Insured — Your Work 7hat person or or�.nization for whom you do work is an additional insured so�ely for fability due to your negligence specificalfy rssulting fram your work for the additional insured which is the subject of the writtan contra�t or written agreemerrt. No coverage appties to iiabi[ity resulting fram the sols negGgenoa o1 the additianal insut�sd. The irfsurance provided ta fhe additional Insured (s limifed as follows: (1) The Limits of insurance appficable to the additional lnsured are those spedf€ed in the written corrtract or written agreement or in the Dedaratfons of this policyr, whichever is less. These Limtts of Insurance are inclusive of, and not ir� addition to, the Limits of Insurance shown in the Dedarations. (2) The cflverage provided to the additional ins�red by this endorsement and paragraph F.9. of the definition of 'insured contract' u�der Llability and Medical �ses De�flnitlons do not app[y to "bodily inJury" or 'property damags' arising out of the 'products- c�mpleted oparations hazard` unless requirsd by the written contract or written agrsement. (S) The insurance pro�ided #o the adcGtional insured does nof apply to 'badify injury,' 'property damage,' or "personal and advertising injury' arising out of the rendering or failure to render any profassiona[ services. b. Stafe or Roliticel St�bdlvisions A state or poEitica[ subdivision sc�bject to thafoflowing provisions: (1) This insurance applies or�ly with respect to the fafEowing hazards for which the state or politica! subdivision has issued a permit tn cannection with premises yau ovun, reni, ar control and to which this Insutance applies: {a) The existence, maintenance, repair, construotion, erection, ar removal of advs�tising slgns, awnings, canopies, cellar entrances, coal hofes, d�iveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or {b} The const�uction, erection, or remova! of elevators; or (2) Th� Insutance applies only wfth respect to opeE'ations pertormed by you or on yaur behalf for which the state or political subdivision has issued a permit. This insurance aloes not spply to 'bodily injury,' 'property damags` or 'personal and advert�sing injury' arising out oi operations performed for the state or mun�cipality, c. ConfrollMg IrKerest Any persor� or organizations with a controlling interest in you but onty with respect to their liabiliry aris�ng out of: (1} Their financial control of you; or (2} Premises they own, mai►rtain or control whlle you lease or oa:upy these premises. This insurar�c;e does not apply to structural alterations, nsw construction a�d demolition operations performed by or for such adc�tional insured. d. Managsrs or Laasors of Prem� A manager or lessor of prem�es bui only with respect to liability arising out of the ownership, mairrtenance or use of that specific part of the premises leased to you and subject to the following additional exc{usions: This insurance does not apply to: (i) Arry 'occurrencae' which takes plaoe after you cease to be a tenaM in that premises; or (2) Structural a�teratlons, new construction or demo{itlon ope�ations performed by or on behalf of such additional ir�sured. s. Mortgagee, Ass[gneo or Rac�var A mortga+�ee, assignse or receiver but only with respact to their tiabiliiy as mortgagse, assignea, or reoeiver and arisfng a�t of the ownershlp, maintenanca, or use of a premises by you. SB-146932-C {Ed. 01/08� Page 2 of 3 (Version 1.4) SB-146932-C (�d. o�ros� This insurance does not apply to structural alterations, new construction or demoiition operatior►s pertormed by or for such additional insured. f. Ovmers/Other Mter�sts — Land � Leesed M owner or other interest from whom Iand has been leased by you but oniy with respect to liab€lity arising out of the ownership, maint�ance ar use of that speaflc part of the land leased to you and subjsct to the foltowing additianal exclusions: This insurance does not apply to: {i} Any 'occarrence' which takes place after you c�ase to lease that land; or (2) Structural altera�ons, new constructian or demolition operations perfarmed by or on behaff of suci� addiUonal Insured. g. Co-owr�er af In�ad Qremises A co-ownsr of a premisBS oaowned by you artd covered under this insurance but only with res�ed to the oa-owners liabiliiy as co-oinmmer of such premises. or orga�ization. A person's or organizatior�'s status as an insured under this endorsemerrt ends when thair written contract w�greement with you for such leased squipment ends. With respect to the insurance afforded these ad�tional insureds, fhe following additional exclusions apply: �his insurance does not app�y: {1) To any 'occurrence` whlch takes placa after the equipment lease expires; or (2) To 'bo�ly injury,' 'property damage' or 'persoRaf and advertissing injury' arising oUt of the sale negl�gsnce of such addi�onal Insured. Any Insurance provided to an additional insured designated under paragraphs a. through h. abave does not apply to 'bodily injury" or 'propsrty damage' induded within ths "products-c�ompleted operations hazard." S. The foflowfng is addsd to Psva�aph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. 03hsr Ir�auranca h. Lessar at Equipment Any person ar organization from whom ynu lease �quipment. Suci� �erson w organization are insure� only with respect to their liabilify arising out of the maintenance, operation or use by you of equipment leased to you by such person S&146932-C (Ed. O1AD8) 4. This Insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, oontingeM or on arry other basi� unless a written contract or wdtten agreement specifically requires that this insurance be either primary or primary and noncontribu4ng. Page 8 of 3 (Version 1.0) RETURN T0: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING SLIP 1. ORIGiNATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: ��-✓��Sa P EXT: o2GG 3. DATE REQ. BY: a TYPE OF DOCUMENT (CHECK ONE): CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT HUMAN SERVICES CDBG REALESTATE DOCiTMENT SECURITYDOCLTMENT(g.G.sorm�,LA�DDOCtrMarrTS> O ORDINANCE RESOLUTION �i CONTRACTAMENDMENT(AG#): 1NTERLOCAL OTHER 5. PROJECT NAME: 6. NAME OF CONTRACTOR: /Yl� ADDRESS: �c TELEPHONE opq- 7.37��s-q 3�. E-MAIL: FAX: SIGNATURE NAME: �-�'jL TITLE�,� i,,�r� G'io+a0�, 7. EXHIBITS AND ATTAC��IENTS: scopE WORK OR SERVICES COMPENSATION �INSURANCE REQUIREMENTS/CERTIFICATE O ALL OTHER REFF.RENCED EXHIBITS PROOF OF AUTHORITY TO SIGN REQi1IRED LICENSES ��PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: l} f �p COMPLETION DATE: .3 `v2G�D 9. TOTAL COMPENSATION �p (INCLUDE EXPEIVSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES rro IF YES, MA?�MUM DOLLAR AMOUNT: IS SALES TAX OWED ❑YES NO IF YES, PAID BY: CONTRACTOR CITY PURCHASING: PLEASE CHARGE TO: /�o �c,55 `T�� 10. D CUMENT/CONTRACT REVIEW DAT VIEWED INITI ATE APPROVED �ROJECT MANAGER 2 D �DIRECTOR O RISK MANAGEMENT (iF �PLic�aLE) o Law Z -O 2. br e 1 1L COUNCILAPPROVAL�IFAPPLICABLE� COMMITTEEAPPROVALDATE: /_�v[� OUNCILAPPROVALllATE: 12. C� TRACT SIGNATURE ROUTING ENT TO VENDOR/CONTRACTOR DATE SENT: 7i `'I DATE REC'D: �ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFIC E, LICENSES, EXHIBITS iNITIAL/ DATE SIGNED AW DEPARTMENT r SIGNATORY (cM ox Di�cTOx) -�D �CITY CLERK ASSIGNED AG# AG# QQ, SIGNED COPY RETURNED DATE SENT: 1 C1 C,�_ COMMENTS: ��fi`� �3� v'�r'( €�++LL a�a.�s�d $#fB f�:'J�F��d� �i3f� ��r ��'sC .�7'�� "�FlEf'�;1+4l�+�: SFbf�! �Q�b`�-�7'1c3 ;��:5} s^s3�_�{�3 r�rci?}rv��i�;r�k��v ixKrj AMENDMENT NO. 2 TO PROFESSIONAL SERVICE AGREEMENT FOR BUILDING PLANS REVIEW This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal coiporation ("City"), and Meier Enterprises, Inc., a Washington 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 on-call plan review of inechanical and strvctural systems ("Agreement") dated effective January 1, 2008, as amendedbyAmendmentNo. 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 2 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, 2010 ("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, is hereby ratified as having been performed under the Agreement, as modifiedby anyprior amendments, as it existed prior to this Amendment. The provisions of Section 14 of the Agreement sha11 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. 1N WITNESS, the Parties execute this Agreement below, effective the last date writtenbelow. CITY OF FEDERAL WAY ATTEST: �d�vF DATE: -1- _ii Ijrr,Y'�m�i� APP�VED AS TO ORM: �l W City Attorn atricia A Richardson 11/20/09 MEIER ENTERPRISES, INC By: Paul Giever, PE, SE CiviUStructural Group Manager/Project Manager Lead CiviUStructural Engineer '.IL.�. STATE OF WASHINGTON ss. COUNTY OF €T'3' ��LL >�Y� .���r�� :;c3,[f6� P+� ��x 3" i ��C���'a� 1�;�y �'>1s� �i3G�3-�? 1° ��as u,a a?��� bvt�%i4'!+'.i�Yis`'t�i:.�.k'ri :i,'+i':fy.!':)if? On this day personally appeared befare me Paul Giever, PE, SE, to me l�own to be the CiviUStructural Group Manager/Project Manager/Lead CiviUStructural Engineer of MEIER Enterprises Inc., that executed the foregoing instlument, and acknowledged the said instrument to be the free andvoiuntaly act and deed of said corparation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affv�ed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name `>>1111////�� 10 F to'�•���� m= pUBLIC ��q�':'1! W Notary Public in and for the State of Washington. My commission expire lS ��o�"' AMENDMENT 2 11/20/09 ACC�I4D, CERTIFICATE OF LIABILITY INSURANCE DATEI 8 M /27�O9 V) PRODUCER 509-358-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services CAL#0531007 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 W. Main Ave. Suite 1400 Spokane, WA 99201 INSURERS AFFORDING COVERAGE INSURED INSURER A: T�BnSpOfYBLlOf1 If1S. CO. Meier Enterprises, Ina $,697 Gag2 Blvd wsuAeA s: Natl Fire Ins. Co. of Hartford KennewiCk WA 99336 iNSURea c: Continental Casualty Co._ iNSUReR Beazley Insurance Company INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REnUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE POLICY NUMBER P�uCY EFFECTIVE POLICY EXPIRATION UMITS OENERAL UABILITY BZO9HOO45O7 H/2H/O:J H/2S/1 O EACH OCCURRENCE 8 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) 8 300000 CLAIMS MADE OCCUR MED EXP (Any one persoN 8 10000 X WA STOP PERSONAI ADV INJURY 9 1000000 GAP GENERAL AGGREGATE 8 2000000 GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 8 2000000 X POLICY PRO- LOC B AUTOMOBILE UABILJTY BZO9HOO4B53 H/ZH/OJ 8�28�� 0 COMBINED SINGLE LIMIT X ANY AUTO (Ea accidenq 8 1000000 ALL OWN@D.AUT.OS BODILY INJURY ED AUTQS IPer person) 8 x SCHEDUI. r X HIRED AUTQS BODILY INJURY-. 8 X NON-OWNED AUTOS (Per accidentl-. GARA6E UABIIJTY ANY AUTO C EXCESS LIABIt1TY j( �OCCUR CLAIMS MADE DEDUCTtlLE X RETENTIplI 6 10000 AL'.Lh1+�9 �IPLOYd16' UANUTV' p trrt�eR PROFESSIONAL 20980065646 15VHL09PNPA PROPERTY DAMAGE S (Per accidentl AUTO ONLY EA ACCIDENT 0 OTHER THAN EA ACC 8� AUTO ONLV: AGG �S $/2$/�9 H/Z$I� O� EACH OCCURRENCE 8� 5000000 AGGREGATE W S 50 8 4 __"1 E.L. EACH ACCIDENT 1 E.l� DISEASE EA EMKOVEE E.L. DISEASE POLICY LIMIT 8 8/28/09 I 8/28/10 DESCRIPTION Of OPERATIONSIIOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS THE OPERATIONS OF THE NAMED INSURED PER THE ATTACHED SB-146968 CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: CITY OF FEDERAL WAY P.O. BOX 9718 FEDERAL WAY, WASHINGTON 98063 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELIED BEFORE THE IXPIHATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAY8 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLJ6ATION OR LIABILJTY OF ANY KIND UPON THE INSURER, ITS A6ENTS OR REPRESENTATIVES. /J A AUTHORIZED REPRESENTATIV I ACORD 25-S (7/97) 17- 45 V mRCORD�ORPORATION 7988 IM PORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s>. 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) c�ra SB-146968-A (Ed. 01 /06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDiT{ONAL INSURED IN THE EVENT OF OCCURRENCE, 4FFENSE, CLAiM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE P4LICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS C�VERAGE BLANKET WAIVER UF SUBROGATION Architects, Engineers and Surveyors 0 This endorsement modifies insurance provided under the foliowing: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POUCY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessownsrs Liabiliiy Coverage Form is amended to inciude as an insured any psrson or organization whom you are required to add as an additional insured on this policy under a wrmen contract or written agreement; but the wrrtten contract or written agreement must be: 1. Currently in effect or becaming effeatnre during the term of this policy; and 2. Executed prior to the "bodily injury,' 'property damage,' or 'personal and advertising injury.' B. The insurance provided to the additionai insured is limited as follows: i� 2. That person or organization is an additional insured solely for liability due to your negligence speci�cally resulting from 'your work' for the additional insured which is the subject of the written cantract or written agreement. No coverage appiies to liability resuffing from the sole negiigence of the additional insured. The Limits of Insurance applicable to the addi�onai insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additionai insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS 'fnsured Contract' (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to'bodily injury' or'property damage' arising out of the 'products-completed operations hazard' unless required by the written contract or written agresment. 4. The insurance provided to the additional insured does not apply to 'bodily injury,' 'property damage,' 'personal and advertising injury' arising out of an architecYs, enginesrs, or sunreyor's rendering of or failure to render any professional servicas including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinfons, reports, surveys, fieid orders, change orders or drawings and specifications by arry architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, qualiiy controi, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury,' 'properiy damage,' or 'personal and advertising injury' arising out of: a. The construction or demolition work while you are acting as a construction or demoli�on cont�actor. This exclusion does not appfy to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL L{ABlLITY CONDtT10NS Duties in The Event of Occurrence, Offense, Claim or Suit (Sectton E.2.) of the Businessowners Liabiliiy Coverage Form is amended to add the foliowing: An additional insured under this endorsement will as� soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a ciaim or 'suiY under this insurance; r SB-146968-A (Ed. 01 /06) 2. Tender the defense and indemniiy of any ciaim or °suit' to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemniiy of any claim or 'suit' to arry othar insurer which also has insuranc� for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duiy to defend or indemnify an additionai insured under this endorsement until we receive written notice of a claim or 'suiY ftom the additional insured. D. OTHER INSURANCE (Section H. 2. 3.) of the Businessowners Comrnon Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifica.11y requires that this insurance bs sither primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over arry other insurancs to which the additional insured has been added as an additional insured by endorsement. 3. When this insurancs is excess, we wili have no duty under Coverages A or B to defend the additional insured against any 'suiY if any other insurer has a duiy to defend the additional insured against that 'suiY If no other insurer defends, we will undertake to do so, but we wili be entitied to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, ff any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b� The total of ali 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 specficaily to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TI�ANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K2.) of the Businessowners Common Policy Cond'ficns is deleted and repiaced with the foliowing: 2. We waive arry right of recovery we may have against arry person or organization against whom you have agrsed to wahre such right of rec�rery in a written contract or agreement because of payments we make for injury or damage ar�sing out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the'products-compieted operations hazard.' RESOLUTION MEIER Enterprises, Inc. MEIER Enterprises, Inc., Board Meeting was held on Augvst 14, 2007. Board Members were present and hereby adopt the following resolution: IT IS HEREBY RESOLVED that the Board of Directors position shall be as follows; Terry E. Meier, Chairman Steve R. Anderson, Vice Chairman Paul M. Giever, Secretary Wesley L. Bratton, Outside Board Member Mazk H. Gehlen, 0utside Board Member This resolution was unanimousfy adopted by the Board of Directors. DATED this 14`" day of August, 2007. /'t Paul M. Giever, Secretary notice stating the place. day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called. ACTION BY SHaR FHOLDERS WITHOUT A MEETING. Any actiop required or peanitted to be taken at sh�reholdas' meeting may be talcen without a meeang if a w�itten con�nt setting forth the uction so taken is signed by a!1 shartkolders entitled to vo�e with cesp�ect to t�►e subject matter thereaf. Any �such consent shall be: inserced in the minute book as if it vuere the minutes of a sharehotders' meeting. pUpRUM. A majority of the outstanding shares of the corparation entitlat ro vote, represented in person or by proxy, shall constitute a quon�m at a sharehoiders' meeting. if less than a majority of the outstarbding shares are rePr�sentecl at a meeting, a majority of the shares so represented may ad}ourn die meeting from time bo time without notice. At an adjourned meeting at which a quorum is present or represented, any business may be transacted that might 1�a.ve been transacted at rhe meeting as originally r�tified. The stiareholders present at a duly organized meetin8 may continue to Uransact busiaess until adjournment, notwithstanding the withdrnwal of enough shareholders to Ieave less dtan a quorum. �'RO 1,,�. At ell shareholders' meetings a shazeholder may vote by proxy executed in writing by the shareholde�rrs or by his attomey in fact. Such proxy shall .be fited with the Secretary of the corporation before or at the dme of the meeting. Unless oth,erwise provided in the PmxY a proxy shall be invalid after 11 months from the date of its exe�utioa. VOTING OF SHAA�. Each outstanding share enfitled to vote shaU be eatitied to one vote ugon each matter subrnitted w a vote at a ineeting of sharekoiders. c•� t� ��L��_ GEI�(ERpL pOWERS. The business and affairs of the corporation shall be manag�d by the Board. �it1MBER, T'FM1RE AND OUAL�FICATIONS. Thc Board sball be coraposed of five directors, provided, however, that the number of directors may be changod from time to tiffie by an amendment to these Bylaws, but no de�xease shall ha.ve the effect of shortening the Eeim of any ineumbent director. Each dire.ewr shatl hold office until 'the next annual meering and uatill�is successor shall have been elected and qualified unless he resigns or is removed. Diree�tors nced not be shareholders of the corporation. Every director shail be a licensed professional engineer. REGULAR MEETIl�[GS. A regular Board meeting shall be held without cwtice immediabely ual-meeting-ofshazehotcter�By-�resat�ae�-t�e Beer�-� provide the time and place either within or without the State of Washington for hotding additional regular meetings without notice other thsn such resolution. BYLAWS 2 �pWAN W/U,K� P.S. Are�p�s ri trw PA.lal�21 sov w�qr �a�. aw. s Twpw�Sl�N�'� ui��'° �.��y� .�t��r�;e :;c3a,tft, V �cx. �c�s��r� +a��a'y, ��u,� �i3C�3-�3? 1° ��<33 u�,,.�3t",�� 6Yi•'r�:°f�:�Yiit'i;!:k?f:f;{rbY1'yt L'f3iF? AMENDMENT NO. 2 TO PROFESSIONAL SERVICE AGREEMENT FOR BUILDING PLANS REVIEW This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Meier Enterprises, Inc., a Washington 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 On-Call Plan Review Of Mechanical And Sixuctural Systems ("Agreement") dated effective January l, 2008, as amended by Amendment No. 1, as follows: 2 1. AMENDED TERM. The term of the Agreement, as referenced by Sectio�f 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, 2010 ("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, is hereby ratified as having been performed under the Agreement, as modifiedby any prior amendments, as it existed prior to this Amendment. The provisions of Section 14 of the Agreement sha11 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL VVAY By: Brian Wilson, Interun City Manager ATTEST: City Clerk, Carol McNeilly, CMC DATE: APPROVED AS TO FORM: City Attorney, Patricia A Richardson �rr�MErr�r i i vaoro9 TI RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: CDS/BLDG 2. ORIGINATING STAFF PERSON: TINAPIETY/LEEBAILEY EXT: 2601 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) D CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) D PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT D PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE AGREEMENT D GOODS AND SERVICE AGREEMENT D HUMAN SERVICES / CDBG D REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RBLAlEDDOCUMENTS) D ORDINANCE D RESOLUTION 1RI CONTRACT AMENDMENT (AG#): 08-012 D OTHER 5. PROJECT NAME: BUILDING PLANS REVIEW 6. NAME OF CONTRACTOR: MEIER ENTERPRISES, INC. ADDRESS: 8697 GAGE BLVD, KENNEWICK, WA 99336 SIGNATURE NAME: PAUL GIEVER, PE, SE Project Manager/ Lead Civil/Structural Engineer TELEPHONE 509-737..6932 TITLE Civil/Structural Group Manager / 7. EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES D COMPENS~ION 1RI INSURANCE REQUIREMENTS/CERTIFIC~E D ALL OTHER REFERENCED EXHIBITS 1RI PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES 1RI PRIOR CoNTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: JANUARY 1,2009 COMPLETION DATE: DECEMBER 31. 2009 9. TOTAL COMPENSATION $ 100,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCUL~ED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY~ES) REIMBURSABLE EXPENSE: DYES DNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES D NO IF YES, $ PAID BY: D CONTRACTOR 0 CITY D PURCHASING: PLEASE CHARGE TO: No PO - Is Pass-Through 10. CONTRACT REVIEW D PROJECT MANAGER a DIRECTOR Ef"SIGNATOR~ACM, OR DIRECTOR) D RISK MANAGEMENT (IF APPLICABLE) DLAW INITIAL/ DATE REVIEWED INITIAL/DATEAPPROVED ~ CJ7(~ /~ . Ic.l1 UJ II ' 7/ J.oj Jt;J~ ~ 15- "3-07 11. CONTRACT SIGNATURE ROUTING k D SENT TO VENDOR/CONTRACTOR DATE SENT: 7/,2/ . cr ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LIOONSES, EXHIBITS INITIAL/ DATE SIGNED <:.6 <5 - 0 cr: DATEREC'D: '~'i /9 D LAW DEPARTMENT D SIGNATORY~ ACM, OR DIRECTOR) ~ CITY CLERIf-/ ;& ASSIGNED AG# . & SIGNED COPY RETURNED 0f\1'" COMMENTS: Amendment to extend the term. Contractor will not be driving on city business. All work will be done at their office; hence, reduced auto insurance was approved. 4/9 ~ CITV OF ~~ Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 . Feclel'al Way, WA 98063.9718 (253) 835-7000 wWl-v,cityof{odcmlwilY COf" AMENDMENT NO.1 TO PROFESSIONAL SERVICE AGREEMENT FOR BUILDING PLANS REVIEW This Amendment ("Amendment No. I)') is made between the City of Federal Way, a Washington municipal corporation ("Citi'), and MEIER Enterprises, Inc., a Washington 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 on-call plan review of mechanical and structural systems ("Agreement") elated effective January 1, 2008, as follows: IS! 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 oftbe Services, but in any event no later than December 31, 2009 CAmended Term"). (If no new date is included then the Term shall be as provided in the Agreement.) o 2. AMENDED SERVICES. The Services or Work, as described in Exhibit "A" and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit "A~[#]" attached hereto and incorporated by this reference ("Additional Services'} (If no Exhibit "A-[#]" is attached no amendment of Services is contemplated.) o 3. AMENDED COMI>ENSA TION. The amount of compensation, as ret'erenced 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-[#J", attached hereto and incorporated by this reJ'ercncc. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated ratees) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawfuljurisdictioll as a result of the performance and payment ofthis Agreement. (Ifno amount is included then the total compensation shall be as provided in the Agreement and if no Exhibit "13-[#)" is attacbed no amendment of compensation is contemplated.) D 4. ADDITONAL AMENDMENTS. The Agreement shall be amended as delineated in Exhibit "1.-[11]" attached hereto and incorporated by this reference. (If no Exhibit "Z [#]" is attached no additional amendment is contemplated.) 5. 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 14 of the Agreement shall apply to and govern this Amendment. The parties whosc names appear below swear under penalty of pCljUry that they are authorized to enter into this Amendment, which is binding on the parties of this contTact. AMENDMENT ~ I - Amd Corp 3/3 1/09 C!TYQ$' Federal Way Cffy HAt!. ~:3:;~2:5'::8w):A_ve.nl;~:.t):OU~h ,;.<BP-8iJx)~7~:B F~ctlmillWaji. WA~aaW~.1J{';S (t$$)a~Z.7CDa ~~4~~~t'; ~~:~~r9!t;jd~:~r"[:t~..~t~!:i.:;~'q,:~~ INwrrNESS..th~J>artiG8 ~xem~te this AgreefX:1~nt hdov/~eftl~cti.vethelilstdHte written. hdow. CITY OFfEDERAJ., WAY ATTEST: B':.. .~. ~ ~'1Pc>V? I.....}:1<\..1.1.T\;j ~.. ... ...';;tt~:i;i~~i.'(St~;.:ryi'1r.'~~.',.'.:;..'....'....,..."...,'.... ;H.-~,.,_. :~, ..!, ..:.:.?: .1.-"..,' _ '",--:-, "",:.0/ ,0','.,_.... ,_bV~ ..~........ ;.," :-:':" :.:-.'~ .,,: .~:.. ..,. C)Cl,A.k~ t...'l} ,)1 ApPl~{)VEDASTOFOR~"f: DArE: _u......... .','. .'......~........-.-............:..:........ .-."," "..-......... ~5Jgnaiuf'e..ott .f1l~,.j~~t!t!..f{RPr.9.\wd3a!/2(}Qkl~G CjtyAttorlle>,\Patdci~tARichmxhol) .~ A't"IPJ>..r'."'i'j.,r..npl"l"!.'Q .11'4'-' $.\~:(:;:~ ..r~!X ,~,r,-:: ,X::~,I:"'. ' :'\:._~.~- _:)""":"~ _ ..t _t~ A > h ~..:::: ::-..-"'::: .I1P.,;.. .. l'1""l,,"f#*. 1,..<.>' < . .../.7: l~y..<'l t%%~J ff~l~rr,J("").,/.,> ;.<"'* .JI:.: _,~J~~5.~~i-~:_:.:~:L-:~..:.-.:~:.....:.~..;n_-_Y";";~:~-.;.J!.:f:0:.~~-__~:.... ~-~-~. ~_::7"~~~:-____~______:u.,.. Pmll (;iev(~r~J%i., Sf: ClvillSmJctnralGroup 1\1anagcrlProjett Ma11,tggr . r ".. .-.1 c." ,.., I~'.;' . ;,~.. . "'.t..q >.'~,~", .,..y~ll~.,rVl,II.') fytKIIU"" .. Dflgl.h,kl ';";<-f. f:.. .".".1 .... '<':t.' ..... '.f(?'~iSj/.'":< jt~ 1.1,'" 'rE' .. ~. $",,, H vl ,.<.~. ... .......'..m"',.._;~.;._.,..,....~t..".~......,1__..,....................,... \,,\ll"'!1 . >"""'i>;.t.,, ",~",~r~.~.~"; "'.'''''.... h"...<\.'t.". "'.. ~ltJ... ....... ."....... :i<"<.... ~. ... 'f'i:'_'{.'''~#''..' .~..\,./# :r..;rn.. s.. ..<.~. ,... .. .4~z $. .... _ "'W .}:;i> . ... . .. .~.;',ji\."", ~... ..r'NQTA~yW.]rrt~ 't; *t PU8UC :.AC:: ~ ,""\.0:. . ... ... . ..... ...x ;l::' ....."-'A.;rA, .... ....'1-.". ..~ :%..........~...21..if......l..:5...........'t;...~..~;.<.......~.~. .. * ~~h,........'x.. .i::< '#J:~rWA~'\\~. .. .~"+.~ ~ilUnl''lt\\' "'1'..6 'r'G,t')l..'. ~l{A .S'Ll....J..NTC.jrr'(W,1 .~ :)....<.~.tJ::.~..nf<,.I ... _ I.,."",} ii- , _ 0;- _, __ Js~~~ cortNTY OF. LLnKfy?{}) '-_ - . -.-/ .~.. _. ,_. -' -:,' ,', ..r;~{~;.~J.......n..-" ()n..this..d(wpm:sQDally~ppcared .bM-orcme P(ml.Giever,..t>E,. BE, to..mc.kllo'wn tobe.the Ctvil/Strw;;(ura'.Cknup Manage11Ilroj~~;t.M~IDag<;r/Lead..Civi1!Stru'~tnriil Engineer .ofM.EIER..Ellkf.prbcs. Inc" tl;WJ.t~~(~~cul.ed tilt .lhn:going ii:lstrwt1cnt,andaeknowledged th.e saidinstnunt")uLh) bethc tl:ee tif\dvolunuu;yact and. deed OfS;iidcorporation., for theUfies and puq)Qsestherdn mel1tioned,andmtl)ath statedtl:wrMM.lt~ w'asftlJthorlzed to cxecutc said instrurnenJ ai)(.1 thatt.h~"$ef.d. ~dl1xed, if any, is the. (;orpurate seal of saidcorpm:atkm, c...... ....... ,..t~. 0 .. ....../1 GIVEr..). rnyhandMdofticiaI ~~eai thh~ A~;:t.,.;., day {)\::dr.{..{,/(w;s"J:.... . /J':~..:.'....7y.. 1.0f.fl, J\ .. /s.;".. ,.'/ J"" . -.'>c .;';) ~. .:1{" - ..........;/ ... . .. . . ~.., ....... ... .\ 1/1'( <)'.' 1./.:. ....rt,'< :..'.q... '. ...1... ..t.......')..T..~. ..'..'..:L.'<.'.lg.....1....I1... (!J.. .t......l...l...f.. 0....' ..".......A. ~..~.(.1j:.f...'...'.-:.'i.~.'.j,...x.'.~..".A........,..L...... ..... ...... ..[,,-...1. :1...... "...'.~..'.:i:,~.k.,.,1.r.../....(. '.....A.......'...X..~..""'"'.:./.&.'~.....f./.'{. ,....l....?.'..~.'.~. '.-::~:.......,. .. .. . '<::,.;/) '''., ..... { .. {, ,..".., ..... . Notary's printed m)1ne..L'..Nt~Nit .... .1::::~.:.'.mkjl~l:ic~,0ig<-....m....'..,... Notary J'luhHQ in il-od {'or thy..$Jate ofWm-.hingtQn. . " . _, _. -_...~~-_ -'_~','" ," ,.' "'~.'... I .j>~. .', ..~ .. ,....;' ... .t~~t.:.. .-}-(}/,;..~- ....- ivly .comml.8S1UXl .exp"lr~s..'-:lt:'&l~Lkj..l!.:V:.~:::::01.:{Ll.,1:7"" U ..... (j ! K:i:::~b. _Adm:,:.I{L~tf)~h~"itl: fi_}i:-s\FtI1~,J1';:~$\C:(:~itriu::t:)\f.::xp,'-'Jit~:{j. ,R(~v:i?:.<<\Hl.;l_Lbl}.;'O\&l~$i~( .l:;( .~.\x-::ie~$!Jnl~Htdf)C AMENDMENT - 2.. i\.lUd CQrp 3/31109 ACORD.M CERTIFICATE OF liABILITY INSURANCE I DATE (MMIDOIYYI 11/20108 PRODUCER 509-358-3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services / CAl#0531 007 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 W. Main Ave. Suite 1400 Spokane, WA 99201 INSURERS AFFORDING COVERAGE - - ---- 0.0--0_.__.'_- _ ....--.--..-.------.. . -- ---- INSURED Meier Enterprises, Inc. INSURER A: Valley Forge Ins. Co. t--- - _.0__- .______ _. .___ 8697 Gage Blvd INSURER B: Natl Fire Ins. Co. of Hartford --.-----.-- -------- --.-. .---. -..-.--- ..-- Kennewick WA 99336 INSURER c: Contine~lI~ ~~~U8lty Co. --- -...- ~~!l.E~ [):..____Beazley Insurance ~.!!:P3~_ -. I INSUREII E: COVERAGES 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 .i\FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSlI ------ --- .--".-...-. ..- -,- ~~~YM~~~~f ._. --_... LTR TYPE OF IlllSUllAJICE POUCY NUMlIER PRkW :r':I~~jIJ~~ lJI'oIllTS A G~ERAL UABIUTY 2098004507A 8128108 8/28109 EACH OCCURRENCE ~ 1000000 tM'ffi"~'~_= ------..-.------- FIRE DAMAGE (Anyone firel . 300000 ~-: .__ .1 CLAIMS MADE ,-iJ OCCUR -- MED EXP IAIly one personl . 10000 --.... ...__..._~.__..... PERSONAL&. ADV INJURY $ 1000000 -- . ...--.-.-- - -. .---- -'-..-.--.. .... -. GENE~Al A~G_,!~~"!~_ _____ . ... .__._=l99.P_00O__ ---- -----.-- ---- GEN'l AGGRtGA rE UMIT APPLIES PER: PROOlJCTS . COMPIOP AGG $ 2000000 -Xl POLICY n ~~i- n LOC B AUTOMOBILE UABILITY 2098004653A 8/28108 8/28/09 COMBltICO 9NGLE LIMIT lea accident) $ 1000000 X ANY AUTO 1------ - - ---'-.. -.. --- ---- -..--- .. --. .-.- ALL OWNED AUTOS SODlL Y INJURY ~ .X SCHEDULED AUTOS (I'..- person) f---. -. ------.--.... -...----.------ --,---- -~ HIRED AUTOS BODILY INJURY . )( NON-OWNED AUTOS (Per accident} ....-. .-. ------- - PROPERTY DAMAGE $ (por ace.'ent! GARAGE L1A81UT'f AUTO ONLY. EA ACCIDENT $ ..1 P-HY AUTO OTHER THAN EA Ace $ -.---- - AUTO ONLY: AGG $ C EXCESS UABIUTY 2098006564A 8/26108 6/28/09 EACH OCCUflRENCE $ 5000000_---' ::KJ OCCUR CJ CLAIMS MADE. -----..---- AGGREGATE $ 5000000 $ =1 DEDUCTI5lE $ X RETENTION $ 10000 $ WORlCERS COMPENSATION AND ~f5TATU-J .lOTH- EMPlOYERS' UABIUTY T .8:t.!J.MLT.it._ .~_ --..-.--- . _... E.L. EACH ACCIOEi'IT $ ----.........------------ ----...........--- E.L. DISEASE - EA EMPLOYEE ~... .-.- ----- E.l. DISEASE - POUCY LIMIT $ OTHER DESCRII'TION OF OPERA.TIONSIlOCATIONSNEHlClESlEXCWSIONS ADDED BY 9l00RSEMENT/SPEClAL PROVISIO,",S CERTIFICATE HOLDER IS ADDITIONAllNSUREO WITH RESPECTS THE OPERA TIQNS OF THE NAMED INSURED PER THE ATTACHED S8-14696B CERTIFICATE HOLDER I I ADDITIONAl INSURED: INSURER LETTER: CANCELLA nON CITY OF FEDERAL WAY SHOUlD Atrf OF THE ABOVE oesCflllED POUCES BE CANCELLED BEFORE THE EXPIlATION D,s,TE THEREOF. THE ISSUING ,wsUfW!ll WILL EIlIDEAVOR TO MAIL ---1Q.. DAYS WRITTEN P.O. BOX 9718 NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIlE lEfT. BUT FAILURE TO DO SO SHALL FEDERAL WAY, WASHINGTON 98063 IMPOSE NO OBliGATION OR UABlUTV OF AN'( KIND UPON TIle INSURER. ITS AGENTS OR REPRESENTATIVES. -AA AUTIlOAlZm REPRE$ErrrA.n;n. 7!:7Xt. .- .k1&. _. I 'YV ACORD 26.S (J/97) 17- 45 V @ KCORD 1;ORPORA TlON 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(iesl must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{sl. 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(sl. authorized representatjve or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) eNA SB-146968-A (Ed, 01106) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ rr CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSlNESSOWNERS COMMON POLICY CONDITIONS ~ VI i i ~ !!j ~ ~ A. WHO IS AN INSURED (Section C.) of the Businessowners LIability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. CUrrentty in effect or becoming effective during the lenn of this policy; and 2. Executed prior to the .bodily injury,- "property damage," or 'personal and adveJtising inJury,' B. The insurance provided to the additional insured Is limited as follows: 1. That person or organization is an additional insured solely for "ability due to your negligence specifically resulting from "your worl( tor the additional insured which is the subjec1 of the written contract or written agreement. No coverage applies to liabilty resulting from the sole negligence of the addItional insured. 2. The limits of Insurance appUcable to the adcfltional insured are those specified in the written contract or written agreement or in the Declarations of this po&GY, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Umlts of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled UABILITY AND MEDICAL EXPENSE OEFINIllONS - -Insured Contract" (SecIfon F.9.) within the Businessownel'$ Liability Coverage Form, does not apply to -bodily injury"' or -property damage. arising out of the .products-complBted operations hazard' unless required by the written contract or written agreement. - - ....,. i! - - - - - - == !!!!!! = ::::: = 4. The insurance provided to the additional insured does not apply to -bodily injury" -property damage,- 'personal and advertising injury- arising out of an architecfs, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or faIling to prepare or approve maps. shop drawings, opinions. reports, surveys. field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as constJuction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which youselVe as construction manager. 5. This insurance does not apply to -bodily injury r. .property damage,. or 'personal and advertising inlury' arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL UABILlTY CONDITIONS - Duties In The Event ot Occurrsnce, Offense, Claim or SUIt (SectIon E.2.) of the Businessowners LiabBity Coverage Form is amended to add the following: An addiUonal insured under this endorsement will as soon as practicable: 1. Give written notlce of an occurrence or an offense to us which may rQSUlt in a claim or .sule under this Insurance; RESOLUTION MEIER Enterprises, me. MEIER Enterprises, me., Board Meeting was held on August 14, 2007. Board Members were present and hereby adopt the following resolution: IT IS HEREBY RESOLVED that the Board of Directors position shall be as follows; Terry E. Meier, Chairman Steve R. Anderson, Vice Chairman Paul M. Giever, Secretary Wesley L. Bratton, Outside Board Member Mark H. Gehlen, Outside Board Member This resolution was unanimously adopted by the Board of Directors. DATED this 14th day of August, 2007. !r<J ';4(. ~ Paul M. Giever, Secretary notice stating the place. day and hour of the meeting and. in the case of a special meetingt the purpose or purposes for which the meeting is called. ACTION BY SHAREHOLDERS WITHOUT A MEETING. Any action required or pennitted to be taken at a shareholders' meeting may be taken without a meeting if a written consent setting forth the action so taken is signed by all shareholders entitled to vote with respect to the subject matter thereof. Any such consent shall be inserted m the minute book as if it were the minutes of a shareholders' ~eeting. OUORUM. A majority of the outstanding shares of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a shareholders' meeting. If less than a majority of the outstanding shares are represented at a meeting, .a majority of the shares so represented may adjourn the meeting from time to time without notice. At an adjourned meeting at which a quorum is present or represented, any business may be transacted that might have been transacted at the meeting as originally notified. The shareholders present at a duly organized meeting may continue to transact business until 'adjournment. notwithstanding the withdrawal of enough shareholders to leave less than a quorum. PROXIES. At all shareholders' meetings a shareholder may vote by proxy executed in writing by the shareholders or by his attorney in fact. Such proxy shall be filed with the Secretary of the corporation before or at the time of the meeting. Unless otherwise provided in the proxy, a proxy shall be invalid after 11 months from the date of its execution. VOTING OF SHARES. Each outstanding share entitled to vote shall be entitled to one vote upon each matter submitted to a vote at a meeting of shareholders. ARTICLE III. BOARD OF DIRECTORS GENERAL POWERS. The business and affairs of the corporation shall be managed by the Board. NUMBER. TENURE AND OUALIFICA nONS. The Board shall be composed of five directors, provided) however, that the number of directors may be changed from time to time by an amendment to these Bylaws, but no decrease shall have the effect of shortening the term of any incumbent director. Each director shall hold office until the next annual meeting and until his successor shall have been elected and qualified unless he resigns or is removed. Directors need not be shareholders of the corporation. Every director shall be a licensed professional engineer. REGULAR MEETINGS. A regular Board meeting shall be held without notice immediately aftefanaanhe!ame-pta-ce-as the annual-meeting..of-shareholders;--By..resolution,-the-Beard-may- provide the time and place either within or without the State of Washington for holding additional regular meetings without notice other than such resolution. BYLAWS - 2 COWAN WALKER. P.S. AlIcltMyIel Law P.O. 8.. 927 501 K/ltgIIf SII.... SuoIe 8 RlelIIand. WH/ingIOft 9t352 Telephone (509)943-2678 ]] RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT 1. REQUEST FOR CONTRACT PREPARATIONffiOCUMENT REVIEW/SIGNATURE ROUTING SLIP ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 'P INSURANCE CERTIFICATE )Q DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: I /; J 2t;r~fJ COMPLETION DATE: /...z k bccA? I I I I TOTAL COMPENSATION $ /00 otX? (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHA~.GE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ o PURCHASING: PLEASE CHARGE TO: AI rJ tpO - ?C:56 ~ IJ-.('~~ f~~i~;AGER J'flJf~ROVED INJr:yrTEAPPROVED o RISK MANAGEMENT (IF APPLICABLE) _~,LAW:'\-~-t>~ \t\0\? \/-t{O.j/ 5UcVJo-kJ ~:r~ ~-;J \~t7,?, CONTRACT SIGNATURE ROUTING INITIAL AT APPROVED 9LAWDEPARTMENT \~2.~-O~ Zt 0 ~ ~~~GER ~3~ I: zq{. o SIGN COPY BACK TO ORGINATING DEPT. _~ ____ o ASSIGNEDAG# COMMENTS ~ L_ .t1t~~~~;q5 f:"~~i"~Ph C>J2.'BJ~ ~ci.~~~J~t~FJiI~JS;;"';::% =PM;, " 2. 4. 5. 6. 7. 8. . 9. 10. 11. ORIGINATINGDEPT./DlV, D05 / 131~ ORIGINATING STAFF PERSON'---z:;. '7,;1/ ! k ,,: terEXT' II TYPE OF DOCUMENT REQUESTED (CHECK ONE) 'tPROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT /Z{.ol 3. DATEREQ.BY: L~'!G7 o SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT o CDBG o OTHER AG#: a ~or?- '73~~,td\~ NAME OF CONTRACTOR: ' ADDRESS: 7 SIGNATURE NAME: PROJECT NAME: ~/qY\5 ?eui'ew TELEPHONE b,~~te-~ TITLE Gw \ /9tY'lA CL w-:- / 'il'95e/ ,-( ALL EXHIBITS REFERENCED IN DOCUMENT PAID BY: 0 CONTRACTOR 0 CITY ftJtriJ OfO INITIAL/DATE APPROVED - N<-.u;l. ..j-o ~e-+- OIPP"" 0 VA-I --f;toVVl Jl-t>...e- -+v "dlA.u- i"'JIA vtl""CL- aW)ovtvrb. U l,U()V~ pV\:)~ Cbf le1'- 07/05 ~ 0 (,VVI-C k>~C( av!,,; ",-0..-/.1 -r CDpkJ - ~f~ uJ'r-y -\'v.~'-I ~l~'" ...-h,.'u fV'bII~f.^":'-. i/ -!;.e.c Vl....-j-r./ ~J L/J (,-1 .\ ~~tJ !:sL...o.YC(CPf;'e-.S '~ -Sfr\11 ~?1i~~'r<\--,~J'1.arJ ~+O f/t-f~ Cbn.i-Y~crr Cin~-$ t'r';; ~~(:(~1,~ be-J-rlVi~'i 0'\'; f h~l/1.c.SS. -fir wg-/t ~(~{ he. J~ (L I t--S/,,{ttn.Lt:-. LV"-:J'1'~ tt./f fI(lI .0 Pd-. -th:r oi' ji,L, ~<P'~ PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS REVIEW This Professional Services Agreement ("Agreement") is dated effective this 1 sl day of January 2008. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Meier Enterprises, Inc., a State of Washington corporation ("Contractor"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of plan review to the building staff; and B. The Contractor has the requisite skill and experience necessary to provide such services. Now, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide on-call plan review of mechanical and structural systems ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than December 31, 2008 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause, by the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed One-Hundred Thousand and Noll 00 Dollars ($100,000.00) calculated on the basis ofthe hourly labor charge rate schedule for Contractor's personnel attached hereto as Exhibit "A"; 4.2 Method ofPavment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, which invoice shall specifically describe the Services performed, the name of Contractor's personnel performing such Services, and the hourly labor charge rate for such personnel, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. -1- 4.3 Contractor Responsible for Taxes. 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. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards, and policies, as now existing or hereafter adopted or amended. 6. Warranty. 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 being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nQr obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. 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. It is recognized that Contractor mayor will be performing professional services during the Term for other parties; provided, however, that 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. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) 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 caused by the negligent acts, errors, or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. 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. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and attorney fees) 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, its employees, or agents. -2- 8.3 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. 9. Equal Opportunity Employer. In all Contractor services, programs, or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status, or the presence of any disability, including sensory, mental, or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any ofthe terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to cany as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability, and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, and property damage. 11.4 Professional liability insurance with combined single limits of liability not less than $2,000,000 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. The City shall be named as additional insured on all such insurance policies, with the exception of professional liability and workers' compensation coverage(s) if Contractor participates in a state-run workers' comp program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term ofthis Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance -3- policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 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. 12. 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 Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. 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 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. 14. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 15. General Provisions. 15.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 15.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assignment. 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. -4- 15.5 Successors in Interest. Subject to the foregoing Subsection, 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. 15.6 Attornev Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.7 No Waiver. 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. 15.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. 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 below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 15.11 Captions. 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. 15.12 Performance. 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. 15.13 Remedies Cumulative. 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. 15.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 15.15 Compliance with Ethics Code. Ifa violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and! or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. -5- 15.16 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY By: t!-~ m Cary M. RoeYK Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Avenue South / PO Box 9718 Federal Way, WA 98063-9718 ~ MEIER ENTERPRISES, INC By,f~1n~ Paul Giever, PE. S . Civil/Structural Group ManagerlProject Manager Lead Civil/Structural Engineer 8697 Gage Boulevard Kennewick, W A 99336 STATE OF WASHINGTON COUNTYOF~~~ ) ) ss. On this day personally appeared before me Paul Giever, to me known to be the Civil/Structural Group Manager/Project Manager, and Lead Civil/Structural Engineer of Meier Enterprises, 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hond and offidal 'eal thi, a '.i" day of . JA.n.UP..Yi ~~~.fl , 20...0.$, \ \\ \ ,,, 11'"", l!J;./1l..A..-(JR' f!i...~ '...R..-e ~ " '/.,. SW~" . . '. J $"~~..~~J)iON.l.f-";.~<i',, .i2tn ; 5't' K. SW-e -f'tU -e ,vL " .... .~ ~..:;.t\, ~ ~..~ ~..'Z:' (typed/printed name of notary) : OLLJ i8 ~O 1 AR Y ~ :. Notary Public in and for the State of Washington. : : PUB'-'C :.: I if 2 II ~ . .. " : ~ My commission expiresJ iU1. e. 'f, '0 , ...h _ ~.. ~ ~ ~~ .-,vII/1=" .. " K:\CD Administratiod1KIi;~OFWfl,: ,,\~'"\.evieW\BUILDTNG\2008 Meier PSAdoc ""'" ", \\\ - 6- EXHIBIT A MEIER Enterprises Fee Schedule Effective as of November 1,2007 Proprietary Information CLASSIFICA nON Principal Engineer 5 Principal Engineer 4 Principal Engineer 3 Principal Engineer 2 Principal Engineer 1 Principal Project Manager Sf. Project Manager 2 Sr. Project Manager 1 Project Manager Project Engineer Construction Manager Construction Engineer Engineer 7 Engineer 6 Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Field Engineer Senior Estimator Estimator Principal Architect Senior Architect Architect 1 Principal Designer 3 Principal Designer 2 Principal Designer 1 Senior Designer 5 Senior Designer 4 Senior Designer 3 Senior Designer 2 Senior Designer 1 CAD Designer 4 CAD Designer 3 CAD Designer 2 CAD Designer 1 Controls Designer Chief Financial Officer Project Controls Analyst Network Support Technical Editor/Admin Assist RA TE/HR. 125.00 115.00 110.00 105.00 100.00 130.00 115.00 110.00 105.00 85.00 95.00 85.00 110.00 105.00 100.00 95.00 90.00 75.00 70.00 85.00 90.00 70.00 105.00 97.00 92.00 85.00 80.00 75.00 85.00 80.00 72.00 70.00 65.00 65.00 60.00 58.00 50.00 85.00 90.00 70.00 55.00 55.00 FEE07 _ 08-General PROPRIETARY I. Direct costs, such as outside consultants, reproduction, photography, etc. incurred at the request of the Owner will be billed at invoiced cost plus 12.50%. 2. Mileage costs and per diem are billed at current published General Services Administration (OSA) rates. 4. MicroStation/3D/Photo Editing station costs are billed at $10.00 per hour. 5. Project related reproductions requested by the client and completed in-house to be billed at the following rates: Bond 22 x 36 $ 1.50/each 30 x 42 $ 1.75/each Color Plots 8 1/2 x II $ 1.50/each II x 17 $ 3.00/each 22 x 36 $IO.OO/each 30 x 42 $12.00/each CDs $50.00/10 unit -labeling extra FEE04-GEN PROPRIETARY Rev. 6/1/04 ~ PRODUCER 509-358-3800 DATE (MM/DDIYYI 1/03/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORDTM CERTIFICATE OF LIABILITY INSURANCE Wells Fargo Insurance Services / CAL#0531 007 601 W. Main Ave. Suite 1400 Spokane, WA 99201 INSURERS AFFORDING COVERAGE INSURED Meier Enterprises, Inc. 8697 Gage Blvd Kennewick WA 99336 INSURER A: INSURER B: INSURER c: INSURER D: INSURER E: Natl Fire Ins. Co. of Hartford Beazley Insurance Company COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. il~~: TYPE OF INSURANCE POLICY NUMBER ~~..;!~rJ~~lj,~~~ PgLlCY EXPIR~!J~~ A ~ERAL LIABILITY 2098004507 8/28/07 L~MERCIAL GENERAL LIABILITY I_~ CLAIMS MADE [i] OCCUR -X.. WA STOP GAP LIMITS 8/28/08 EACH OCCURRENCE 1000000 FIRE DAMAGE iAny one fire) 300000 MED EXP (Anyone person) 10000 PERSONAL & ADV INJURY 1000000 GENERAL AGGREGATE - ~'L AGGREGATE LIMIT APn PER: X POLICY - h ~~,Q; LOC A ~TOMOBILE LIABILITY 2098004653 8/28/07 8/28/08 L ANY AUTO - ALL OWNED AUTOS L SCHEDULED AUTOS L HIRED AUTOS _'5.... NON-OWNED AUTOS - RGE LIABILITY ANY AUTO A EXCESS LIABILITY 2098006564 8/28/07 8/28/08 ::KJ OCCUR 0 CLAIMS MADE :::;:1 DEDUCTIBLE X RETENTION $ 10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PRODUCTS - COMP/OP AGG $ 2000000 2000000 COMBINEO SINGLE LIMIT $ (Ea accident) BOOILY INJURY $ iPer person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE I iPer accident) I $ AUTO ONLY - EA ACCIDENT $ 1000000 OTHER THAN AUTO ONLY: EA ACC $ AGG $ EACH OCCURRENCE AGGREGATE $ $ $ $ $ 5000000 5000000 I YY..r:;, ST ATU- I IOI_H- TllRY LIMITS I >R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ BOTHER PROFESSIONAL L1AB V1513F07PNPN 8/28/07 8/28/08 2,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS THE OPERATIONS OF THE NAMED INSURED AS GRANTED BY THE POLICY. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION ACORD 25-S (7/97) 17- 44 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ..A " AUTHORIZED REPRESENTAT7)VE ~ J ~1:4 JIi A"'I.tc _. -- ~~.... lif ,IV- - V @ KCORD ~ORPORA TION 1988 LEE BAILEY CITY OF FEDERAL WAY P.O. BOX 9718 FEDERAL WAY, WA 98063-9718 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) eNA SB.146968.A (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS ~~ A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the soJe negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS - "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage' arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. ; i I i --- - - """"" - - - = - = - - - = - -- !!!!!!!!!! ~ = - - t'" .... I"'r\'-'O A 4. The insurance provided to the additional insured does not apply to "bodily injury,' "property damage," "personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage,' or 'personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS - Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; Pace 1 of 2 ....~, . 2. Tender the defense and indemnity of any claim or .suit. to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or .suit. to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or .suit. from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing .&"'- to the. a,pditional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any .suit. if any other insurer has a duty to defend the additional insured !=;R.14.B968-A SB-146968-A (Ed. 01/06) against that .suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) 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. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work. done under a contract with that person or organization and included within the .products-completed operations hazard.. Page 2 of 2 notice stating the place. day and hour of the meeting and. in the case of a special meeting, the purpose or purposes for which the meeting is called. ACTION BY SHAREHOLDERS WITHOUT A MEETING. Any action required or pennitted to be taken at a shareholders' meeting may be taken without a meeting if a written consent setting forth the action so taken is signed by all shareholders entitled to vote with respect to the subject matter thereof. Any such consent shall be inserted in the minute book as if it were the minutes of a shareholders' ~eeting. ~UORUM. A majority of the outstanding shares of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a shareholders' meeting. If less than a majority of the outstanding shares are represented at a meeting, a majority of the shares so represented may adjourn the meeting from time to time without notice. At an adjourned meeting at which a quorum is present or represented, any business may be transacted that might have been transacted at the meeting as originally notified. The shareholders present at a duly organized meeting may continue to transact business untiladjoumment. notwithstanding the withdrawal of enough shareholders to leave less than a quorum. PROXIES. At all shareholders' meetings a shareholder may vote by proxy executed in writing by the shareholders or by his attorney in fact. Such proxy shall be filed with the Secretary of the corporation before or at the time of the meeting. Unless otherwise provided in the proxy, a proxy shall be invalid after 11 months from the date of its execution. VOTING OF SHARES. Each outstanding share entitled to vote shall be entitled to one vote upon each matter submitted to a vote at a meeting of shareholders. ARTICLE III. BOARD OF DIRECTORS GENERAL POWERS. The business and affairs of the corporation shall be managed by the Board. NUMBER. TENURE AND OUALIFICA TIONS. The Board shall be composed of five directors, provided, however, that the number of directors may be changed from time to time by an amendment to these Bylaws, but no decrease shall have the effect of shortening the tenn of any incumbent director. Each director shall hold office until the next annual meeting and until his successor shall have been elected and qualified unless he resigns or is removed. Directors need not be shareholders of the corporation, Every director shall be a licensed professional engineer. REGULAR MEETINGS. A regular Board meeting shall be held without notice immediately after and at the same place as the annual meeting of shareholders. By resolution, the Board may provide the time and place either within or without the State of Washington for holding additional regular meetings without notice other than such resolution. BYLAWS - 2 COWAN WALKER, P.S. A\lomeyI alLaw P.O.llDll 927 501 Knl\Jlll Street. SUlIe B Richland. WashingtOn 99352 Telephone (5091943-2616 RESOLUTION MEIER Enterprises, Inc. MEIER Enterprises, Inc., Board Meeting was held on August 14,2007. Board Members were present and hereby adopt the following resolution: IT IS HEREBY RESOLVED that the Board of Directors position shall be as follows; Terry E. Meier, Chainnan Steve R. Anderson, Vice Chairman Paul M. Giever, Secretary Wesley L. Bratton, Outside Board Member Mark H. Gehlen, Outside Board Member This resolution was unanimously adopted by the Board of Directors. DATED this 14th day of August, 2007. !rv.J 'J4(. ~ Paul M. Giever, Secretary