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AG 10-049RETURN TO: 1i _ \ EXT: � l - CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 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 #): 10— OLI ❑ INTERLOCAL ❑ \OTHER 5. PROJECT NAME: 6. NAME OF ADDRESS: SIGNATURE l7yb ^ c'k Ci uV FAX: TITLE:( y.Q 4�D✓ 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31 /_ UBI # , EXP. 8. TERM: COMMENCEMENT DATE: 313D %lO COMPLETION DATE: 12-1s] 9. TOTAL COMPENSATION: $ a-), Q Uo (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLV LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: (31 -H 20 '3 ZZp— 10. DOCUMENT/ CONTRACT REVIEW ( PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑\RISK MANAGEMENT (IF APPLICABLE) )6 LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED 2—j�— w t L �!7,� b COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY AYO R DIRECTOR �aCTY CLERK P ASSIGNED AG # )MGNED COPY RETURNED ti RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS INITIAL/ DATE SIGNED AIM C DATE SENT: PAID BY. ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: ` 11/9 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vvww cityoffederatway com AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL PLAN REVIEW SERVICES This Amendment ( "Amendment No. 4 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Kevin Brian Hinkley, DBA 2KS Consulting, a sole proprietor ( "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 Services ( "Agreement ") dated effective March 30, 2010 as amended by Amendment No(s). 1, 2, and 3, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2015 ( "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 CITY Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www wyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY r By: Mayor J Irn Fe i1 DATE: 2 I i 2 Iv* KEVIN BRIAN HINKLEY Dba 2KS CONSULTING By: Kevin B. Hinkley, Owner 564 225' Lane N.E., Suite A202 Sammamish, WA 98074 '�T-doho STATE OF ) ) ss. COUNTY OF ) ATTEST: APPROVED AS TO FORM: City A orney, Patricia A Ricliardson On this day personally appeared before me, Kevin B. Hinkley, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this avl day of 34-V\ , 201` CRVSTA . 0AWN "'Pubft Stale of 1 N-tTAW typed /printed name of notary) Notary Public in and for the State of Washington. My commission expires 5.3 -M AMENDMENT - 2 - 1/2010 �TUxlv To: �' Y�c�-.,.� � ExT: �Z-) � � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS / �S - ORIGINATING STAFF PERSOIY: I�CY�h _1JC)�.�i �-� EXT: 1 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR L[MITED PUBL[C WORKS CONTRACT ^� PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT (AG#):�� vI ❑ INTERLOCAL ❑ OTHER __ �. PROJECT 1�iAME:�� CG�11 �IG..�1 ��V \ t.� �-� V� �-�'� — NAME OF CONTRACTOR: �. � C' v� 1 � �- ^ '�"' ` -"' ADDRESS: 5�0�'I 2Z� ��v.t_ N��� ��"� IL� L�Z- -`JL..rnw�-�..v�n �� L� q iS��yTELEPHONE: �i ZS '.52 Z� �S l� E-MatL; Fax' SIGNATURE NAME: _ U� r� � 1-,� � r� �+�1 _ TITLE: C7 � 1'�=� EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS � PRQOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFWLICENSE# (O"lu1Z�i `� BL,EXP. 12/31/_j�t-13 UB[# Lu22�► '115 ,EXP.�/�/ ��✓' TERM: COMMENCEMENT DATE: e'��P�- T� V�-- COMPLETION DATE: � Z��U 2-� �� TOTAL COMPENSATION: $�� U L� �`� C��v-`� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY ABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 0 PURCHASING: PLEASE CHARGE TO: I l��' -1 ZV�' ZZV 'J`-{ 3��"! � � 10. DOCUMEIYT / COIYTRACT REVIEW `�PROJECT MANAGER DEPUTY DIRECTOR DIRECTOR 0 SK MANAGEMENT (IE APPLICABLE) CJ�LAW DEPT .� 11. COUNCIL APPROVAL ([F APPLICABLE) ITIAL / DATE REVIEWED ! ,r�/-� \ i �7..b \ �jyl��L���i 2 1!- ?�-���-- COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTIPIG ��/�/1 Z ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �I ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, L[CENSES, EXHIBITS �1 LAW DEPT ❑ S[GNATORY (MAYOR OR DIRECTOR) �i CITY CLERK ❑ ASS[GNED AG # �S[GNED COPY RETURNED ❑ RETURN ONE ORIG[NAL « � IN TIAL / DATE SIGNED • , ,.- ^�. T �� AG# DATE SENT: ~ I' INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: ls, I�� l � CITY oF CITY HALL '�._.. Fe d e ra I 1111ay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ww�v aryoffederaluvay com AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kevin Brian Hinkley, DBA 2KS Consulting, a sole proprietor ("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 Services ("Agreement") dated effective March 30, 2010 as amended by Amendment No(s). 1 and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 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 CITY �F ,,`.� Federal CITY HALL ��� 33325 8th Avenue South Federak Way, WA 98003-6325 (253} 835-7000 www dryotfederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY �� : -.��! � - _,_, � , DATE: �c",��,r�� �; 2b 1 3 ATTEST: City Clerk, Carol McNeill , CMC APPR D AS TO FORM: ���.���'�..�- _ City Attorney, Patricia A Richardson KEVIN BRIAN HINKLEY Dba 2KS CONSULTING . � r ���(/� 2 By: Kevin B. Hinkley, Owner 564 2256'� Lane N.E., Suite A202 Sammamish, WA 98074 STATE OF W ) 1 ��� ) ss. COUNTY OF `�-tpp ) `� On this day personally appeared before me, �,,��h � N- i•, s��.l e�� , to me known to be the individual described in and who executed the foregoing instrument, and on ath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GNEN my hand and official seal this � day of D�t�,,,,, (� ✓ , 20� ==�T�VfIr p /�� . ��� � �/ y//( r�,�r� , �r�, h_l�Yi %t ' SARAH M. 81�BER (�ed/printed name of notary) �� � Nohry Pubtic Notary Public in and for the State of ���in�ton. Sqte pt Idaho My commission expires�� ���' 2D J� AMENDMENT - 2 - 1/2010 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/29/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the ceRificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s�. PRODUCER Phone: (360) 5983700 Fax: (360) 59&3703 CONTACT ��m Ledbetter NAME: MICHAEL J. HALL & COMPANY aHONe F"'� (360) 598-3703 HALL & COMPANY ac No e�n :(360) 598-3700 vc ri, : E-MAIL ledbetter hallandcom an com 19660 10TH AVENUE N.E. nooRess: 1 � P y' POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NAIC 6 wsuReR n: Underwriters at Lloyd's, London KEVIN B HINKLEY DBA 2KS CONSULTING 564 225TH LANE STE A202 SAMMAMISH WA 980745000 INSURER B : MSURER C : INSURER D: INSURER F : COVERAGES CERTIFICATE NUMBER: 173793 REVISIVN NUMIitK: 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 ADD'L sueR pOLICY NUMBER P�ICV EFF POLICV EXP LIMITS LTR INSR VWD MMIDD MMIDD GENERAL LIABILITV EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY pREM�sES (F_a occurence) $ CLAIMS-MADE I� OCCUR MED. EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- POLICY �ECT LOC $ AUTOMOBILE IIABILITV COM8INED SINGLE LIMIT (Ea acddeM) $ ANY AUTO BODILY INJURY (P2r peBOn) $ ALLOWNED SCHEDULED AUTOS AUTOS � BODILY INJURY (Per accident) $ HIRED AUTOS NON-0WNED PROPERrv DAnnnGE � g AUTOS (per ecddeM) $ UMBRELLA ue,e OCCUR EACH OCCURRENCE $ EXCES3 IIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKER9 COMPENSATION T RYTLIMITS ER $ AND EMPLOYERS LIABILITY - ANY PROPRIETOR/PARTNER/EXBCUTIVE Y�N E.L.EACHACCIOENT $ OFFICER/MEMBER EXCLUDED? � N�p � E.L.DISEASE-EAEMPLOYEE $ (Msndetory in NH) �f yes, dexribe under E.L. DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below /\ Professional Liability: Claims Made Fortn HLA0060/012 09/01112 09/01/13 $7,000,000 Per Claim 51,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 707, Additional Remarks Schedule, if more Space is requlretl) Project: Professional Services Agreement - On-Call Plan Review CERTIFICATE HOLDER CANCELLATION City of Federal Way, WA 33325 8th Ave S Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Mn Dower Sandra D. Watson The ACORD name and logo are registered marks of ACORD RETURN TO �� ��� l ��"'��' EXT: �,- Z�� � a-��a CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM c. 1. O�cnvaTnvc DErT/D[v: ruB[.[c woRxs / -�C'ti?���l�r��2 '�k{ �--� ���1!I �I' S 2. ORIGINATING STAFF PERSON: (���� 1���'l {L�%� EXT: L- 6'I 3. DATE REQ. BY: T 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMTI'ED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ` ❑ SECURTTY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT (AG#�: 1 D -D� ❑ INTERLOCAL ❑ OTHER 5. 6. Na� oF C ADDRESS: E-MAIL:� SIGNATURE rwx: TTfLE:� �PX' 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBTfS ❑ PROOF OF AUTHORTfY TO SIGN ❑ REQUIltED LICENSES n ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # ��a 12-�� BL, EXP. 12/31/ �� UBI #�� �7 �[�5 , EXP. a' l�l��— 8. TERM: COMMENCEMENT DATE: T' ���L� �� COMPLETION DATE: � J�l `-� I� 9. TOTAL COMPENSATION: $ �� q� � L' .�Zj ��� C- I f���� (INCLUDE EXPENSES AND SALES TAX, IF ANY) �IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASECHARGETO: !DI "�/ `���-� ~ '��/'� r3 � - "/ /l lO. DOCUMENT / CONTRACT REVIEW ! ftr� �f PROJECT MANAGER � l( I 3 � DEPUTY DIItECTOR jl IL1 ,� DIltECTOR � I � Jq Lnw DEpr IN IAL / DATE REVIEWED ,� r� / !�i �/l �l \1 1 ��� � Z � - t Z. 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTTS ❑ LAw DErr ❑ SIGNATORY (MAYOR OR DIRECTOR� ❑ CrrY CLEitx ❑ ASSIGNEDAG# �SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INIT L / DATE SIGNED � •�. - � AG# � DATE SENT: y � •� �� IZ. INTfIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: � � � Z PROJECT NAME:����1 �� ��1 D,I.�� CJ�� I'� . � , . , f . � � � /� n . _ e e COMMENTS: � GTY �F CITY HALL � �� � � ��' ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ww�v c�tyoffederaiway com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kevin Brian Hinkley, DBA 2KS Consulting, a sole proprietor ("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 Services ("Agreement") dated effective March 31, 2010 as amended by Amendment No. 1, 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, 2012 ("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 � CITY OF 'r.... Federal CITY HA�L ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY . / � � �1��� i � � - � DATE: ,� � 2� � �2 KEVIN BRIAN HINKLEY Dba 2KS CONSULTING B � � / � Y� Kevin B Hinkley, wner 564 225�' Lane NE, Suite A202 Sammamish, WA 98074 DATE: �/� 3 �2� I Z �dKlno STATE OF ) fi�.� ) SS. COUNTY OF �Pd6 ) ATTEST: . City Clerk, Carol McN illy, C APPROVED AS TO FORM: City Attorney, atricia A Richardson On this day personally appeared before me, Kevin Brian Hinkley, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this SHEENA HATCH Notary Public State of Idaho (typed/printed name of notary) Public in and for the �State, of �as�ri�i. �d�t1�u . My commission expires AMENDMENT - 2 - 1/2010 t.a::� �.�.. CERTIFICATE OF LIABILITY INSURANCE �� ��� os�, �xo„ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFtRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POIICiE3 BELOW. TH1S CERTIFlCATE OF INSURANCE DOES NOT CONSTItUTE A CONTRACT BETWEEN THE IS3UING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTAN7: N the coRiflcate holder is an ADDITIONAI INSURED, the policy(ies) must be andorsed. H SUBROGATION IS WAIVED, subjeet to the terms and condkfont of the policy, cerfafn policies may raquire an endorsement A statement on this eerdflcab does not confer Mqhts to the certiflcate holder in liau of sueh endorsamaM(s). ��� Phone: (380) 598-3700 Fex: (380) 5983703 coNT^�T MICHAEL J. HALL d� COMPANY NPA1E: MICHAEL J. HALL & COMPANY °NONE : (360) 598-3700 "'� ��,: _l�) 8 ��» HALL & COMPANY E.bw� - 1966010TH AVEPIUE N.E. �� — POUL860 WA 98370 � 9816 Kwin HinkNy DBA 2Ks Co��ultlnq 584 22STh Ln NE Apt A202 Sammamish, WA 98074-6000 n�sunER s : i�R c : ��::..�� Underrrdbrs at L{o�►d's, London COVERAGES CERTIFiCATE NUMBER: 145147 REVISIOPI NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELaW HAVE BEEN ISSUED TO THE IN3URED NAAAED ABOVE FOR THE POLICY PERI� INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOITION � ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlIC1ES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, � TYPE OF NISURANCE AD01 SUBR' POLICY N(M�ER � MLIC`f !FF POIICY E%► �a _ �1. f�E►�uu. u�MUrr EACFIOCCURRENCE i C�MMERCIALGENERALLIABILITY � f CWMB-AAAOE I� OCCUR MED. D(P (MY ons peiaon) : �soNn� a nov xu�r = OENERAL 11G(iREQATE _ GENL AG(iREGATE UMIT APpL�3 PER: �� -�� �� POLICY P � LOC = �u7arow.E u�aun � COAIBINED SIN6LE LI�YT : ' IEa axid�nq �rrv nuro � eoa�r iwwer (wr a �) s --- � ALL ONMED AUTOS I! . ! BODILY INJURY (Par acdd�nQ s ! SCHEDULEDAUTOS j PROPERTY DAMAOE : HIRED AUT08 (Wr aeel0a� NOW-OYVNED /aJl'O& � _ S YrMau Wu OCCUR . EACHOCCURRENCE lxcaet wu CLAIMIS-MAOE AOGREf3ATE �DUCT18lE RETEN'iION i 5 wowaRS c�nw►.aM ' " � s � �� W � m YlN ��� un roorae7o�aa�e�anrve E.L EACH ACpDENT OiAC� O�CWD�Di I� NIA ...'�, ___ �� E.L OISEASE-EA EMPLOYEE ay.s, a.pna uar o�aN oF o�nais erow E.L DISEASE-POLIC7lWIR s A arobataw u.d�y: cwm• uses Famo (iLOPR1100907 09/01/11 08I01/12 i1,000,000 P�r CIaNn Reh�o Dab: -- _____..__ _ ___— — - i1,000A0U Aypnytb /►upust 1. 2006 DEfCPoPT10N Of OPERATIONS i LOCATIONB! VEMICLtS (MYeh ACOItD 101. Addplonal R�maM OchW W�, M mon �p�e� is nqt�ir+d) . . CERTIFICATE HOLDER CANCELLATION City of F�d�rai Way PO Box 8718 F�dsnl Way, WA 98083-8718 At�entlon: Ann Oower, Ssnior Enpin�erin� Plans Rwiswer 3HOULD ANY OF TF� ABOVE DESCI�BED POLICIES BE CAlIC�LLED SEFORE TNE EXPatAT10N DATE TNEREOF, I�TICE WILL BE OELNERED W ACCORDANCE W17'M TNE POLICY PROV1810N8. A1I7FIORIffD itEPRE9fMATNE Ths ACORD nams and loyo are r•glstend maAcs RETURN TO: �� �� � �� � �, ���"C S � Ff EXT: , ,Z�7 C' I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. �RIGINATING DEPT/DIV: PUBLIC WORKS / `���'ti�l���'�"�'��� `�l/�S , 2. ORIGINATING STAFF PERSON: l'�C�f'I/ �l !I'� � EXT: �� � I 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAr, ESTA� DoC[rn�tv'[' ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION �CONTRACTAMENDMENT(AG#): 1(� ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 1 /V ] ` L - ��� �I ���V 1 �,(.(.� ��1 C.e,,S 6. NAME OF ADDRESS: SIGNATURE F.4x: ��.E: owrle� J ,�, '7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION .!� INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS �t( PROOF OF AUTHORITY TO SIGN ,f�C REQUIRED LICENSES ,�( PRIOR CONTRACT/AMENDMENTS � CFW LICENSE # I C�' �C I�� BL, EXP. 12/31 /� �2.) UBI #�'f ��� , EXP. .� /�/ o�' 1 � H. TERM: COMIvfENCEMENT ATE: �I � I 1� J(7 �� COMPLETION DATE: I�I � I�� I I 9. TOTAL COMPENSATION:� C� G� Ly •� �C� � Q � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR C GE - ATTACH ' DULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXI'ENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO 1 b i-�facn � a�e�-s���-30 �� �f I I _ 10. DOCUMENT / CONTRACT REVIEW J� PROJECT MANAGER �� �1� �'� Dtr��! � 2�i � a�' �p ll�cTOR � ,���� ����� � LAW DEPT 11 . COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 1Z. CONTRACT SIGNATURE ROUTING �SENT TO VENDOR/CONTRACTOR DATE SENT: ���J � ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, E}�-IIBITS ° 6I l� Dd LAW DEPT s�a �l �`�'1 SIGNATORY(� �(,�,�� � CITY CLERK � ASSiGrrEn AG # � SIGNED COPY RETURNED ❑ RETUxtv Or1E Ox[GIIV.4I. COMMENTS: ,._�.,.__._ �� 1 u . _ .. ITII IAL / DATE SIGNED q•t AG# � (� - O �Fq� DATE SBNT: 4• I� ' I I � � ITiITIAL / DATE APPROVED COUNCIL APPROVAL DATE: pATE REC'D: Z � ✓ I 11/9 ali�ll ll—Q-�s'� ��'�� u�b �. f�C-• �P . � • � ,�r�,� . � �r CITY HALL 33325 Sth Avenue South Fe+deral Way, WA 98003-6325 (253) 835-70fl0 www_ cityoffederah.vay com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kevin Brian Hinkley, DBA 2KS Consulting, a sole proprietor ("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 Services ("Agreement") dated effective March 31, 2010, 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, 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 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 . � � r � M {/ CITY HALL 33325 8th Avenue South Federal Way, WA 98�03-6325 (253) 835-7(30Q www atyaffederahva}! com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip est, or DATE: S(�.:f}��`f1�-� � � � I KEVIN BRIAN HINKLEY dba 2KS CONSULTING B. � Y Kevin B. Hinkley, Owner DATE: 2 / / 6/ Z6 � I STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: City Clerk, Carol Mc eilly, CM APPROVED AS TO FORM: e� . City Attorney, Patricia A Richardson On this day personally appeared before me, Kevin Brian Hinkley, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this � ,��°° �,���1i��� 4S , � ' t t � �i! � � o . r,a,NSN119� � t �/ yvC�' 11' q / .. � } 4q��/p�f'LY� //a � ; � j ^�?� `C�r : ;+� «�l � s � Z�� 4 �� olm Q > �, ��. `' = eis L�`'' 3`� �"I �, ��'r = ` i + ,,,..y' �, ���/��� � 16�s ��d��� � . 1 ��1�.._'� 3POv,o�� � (typed/printed n� of notary) Notary Public in and for the State of Washington. My commission expires E�Q� q��� AMENDMENT - 2 - 1/2010 �� �'� CERTIFICATE OF LIABILITY INSURANCE DA 09113/201 rc 1 , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER phone: (360) 5983700 Fax: (360) 598-3703 coNTncr MICHAEL J. HALL & COMPANY NAME: MICHAEL J. HALL � COMPANY P"o"E (360) 598-3700 F � No : (360) 598-3703 A/C No E� : HALL & COMPANY e-rowa 19660 10TH AVENUE N.E. nooRess PRODUCER 9816 POULSBO WA 98370 CUSTOMER ID: INSURED Kevin Hinkley DBA 2Ks Consulting 564 225Th Ln NE Apt A202 Sammamish, WA 98074-5000 INSURER B : INSURER C : INSURER(8) APFORDING COVERAGE Underwriters at Lloyd's, London I INSURER E : INSURER F : COVERAGES CERTIF�CATE NUMBER: 145147 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INSR ADD'L SUBR � POLICY EFF POLICY EXP LIMITS �� TYPE OF INSURANCE INSR ww POLICY NUMBER �yp �yp GENERAL LIABILRV EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DnMAGE 70 REN7ED $ PREMISES Ea occurence CLAIMS-MADE I� OCCUR MED. EXP (Any one persan) $ PERSONAL 8 ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POUCY PR � LOC S nuroMOSae �weiun COMBINED SINGLE LIMIT $ � (Ea axident) ANY AUTO � BODIIY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per acat�M) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NONANMED AUTOS S a UMBRELLA u�e OCCUR �� EACH OCCURRENCE $ accESS �we CLAIMS-MADE AGGREGATE $ DEDUCTIBIE a RETENTION $ $ WC STATLL p7}� � WORKERS COMPEN$ATION TORY LIMITS $ AND EMPLOYERS' LIABILITY Y I N nNV PROPWETORIPARTNEWEXECUTIVE I� E.L. EACH ACCIDEN7 $ OFFICERIMEMBER IXCLUDED4 N � A (Mandatory In NH� E.L. DISEASE-EA EMPLOYEE $ If yea, CeeaiOe unCer � DESCRIPTION OP OPERATIONS belax � E.L. DISEASE-POLICY LIMIT $ A Protess�ona� �iabi�ity: Claims Made Fonn❑ GLOPR1100907 09/01/71 09107/12 a1,000,000 Per Claim Retro Date: E7,000,000 Aggregate August 1, 2006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (AHach ACORD 107, Addltlonal Remarks Schedula, H more apace is required� . CERTIFICATE HOLDER CANCELLATION City of Federal Way PO Box 9718 Federal Way, WA 88063-9718 Attention: Ann Dower, Senior Engineering Plans Reviewer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITM THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE '"���! � � � ....��- �—_- � .li� � � � , The ACORD name and logo are registered RETURN TO: CARMEN BEALL EXT: 2702 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /\`y-r V� 1.�=� �� � 2. ORIGINATING STAFF PERSON:��Z.�'L �/ �� EXT: a �3 � 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 ❑ RE�, Es'rA'rE DoCU�tv'r ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER PROJECT NAME: �! L� L�Q �� 7' /�n l 1� � ��w �V t,l� c�e-� NAME OF CONTRACTOR: Q J I�L YI�Cc-v�,. i'7�� ���� �/�- S �(� Y�S (,LC..I I I7Cy�— ADDRESS: ' � SQ.mm�cm�6 tJ o� E-Man,: - <le �. Ks-cor,s co•,� SIGNATURENAME: Q J�l'1 � > 56'� aa5�'` t�nt� NE S�le. aoa. FAX: ^` TITLE: � 1.1� �'1P� 7. EXHIBITS AND ATTACHMENTS: � SCOPE,�OVORK OR SERVICES h� COMPENSATION Sd' INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTF�R REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN �'° REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # /V - �v�a 9 B- BL , EXP. 12/31/ 10 � sa�.r PkovR� p�� a7 � �I I S , EXP.(�/�/ 1 � H. TERM: COI�IIv1ENCEMENT DATE: COMPLETION DATE: I dJ .� I oZV I l� 9. TOTAL COMPENSATION: $ �u� Q� , lS� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXE'ENSE: ❑ YES � NO IF YES, MAXIMUM DOLLAR AMOtJNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: 0 CONTRACTOR � CITY � PURCHASING: PLEASE CHARGE TO: f� I' "7` o� " o�O' S�' �v' 'lF I I lO. CUMENT / CONTRACT REVIEW ,`�/d7 1� PROJECT MANAGER �I�N�� ❑ DIVISION MANAGER .�a$ $[' DEPUTY DIRECTOR � K C l� ��l�O '�j DIRECTOR � C � Qy ' ❑ RISK MANAGEMENT (IF APPLICABLE� 3/a,� q'' LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE� IIVI AL / DATE REVIEWED IIVITIAL / DATE APPROVED Z 2� � ._ z- �v COMMITTEE APPROVAL DATE: N lT 12. CONTRACT SIGNATURE ROUTING �' SENT TO VENDOR/CONTRACTOR DATE SENT: � b I� �7 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS g� 3 ° � Law DEpr 3�a! p� SIGNATORY (CM @R-BHtE�P6'�j 3! 31 � CITY CLERK t�a' ASSiGxEn AG # 6a` SIGNED COPY RETURNED :ONIlvIENTS: ;�cu�rE `; � - ` oiuG�.�,s IIVITIAL / DATE SIGNED 3' '� � AG# - DATE SENT: �• 3 �• I D COUNCIL APPROVAL DATE: � A' CF � /�-i' ca. v�.��.- Fo r r�-L DATE REC'D: °� a` �� ��� �,,� W �75 -� ►��:�.-. �F- ��� 11/9 CITY OF "�.,... Federal CITY HALL ��� 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-9718 (253) 835-7000 www. at�rolfederaAva�c rbm PROFESSIONAL SERVICES AGREEl�IENT FOR ON-CALL PLAN REVIEW SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kevin Brian Hinkley, doing business as 2KS Consulting, a sole proprietor ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: KEVIN BRIAN HINKLEY dba 2KS CONSULTING: Kevin B. Hinkley Owner � � ..... .,.��nd e _..._.... �T� � Sammamish, WA 98074�� (425) 522-4150 (telephone) Khinkley@2ks-consulting. com 2a s-�-+. c,N �, Sv ►'r� A�2o z The Parties agree as follows: CITY OF FEDERAL WAY: Ann Dower Sr. Engineering Plans Reviewer 33325 8�' Ave. S. P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-2732 (telephone) (253) 835-2709 (facsimile) Ann.Dowern.citvoffederalwav.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2010 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in E�chibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any ta�ces imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1- � 1/2010 ` CITY OF '�... Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federel Wa}/, WA 98063-9718 (253) 835-7000 www cityoflederaAvay mm 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Ageement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, ta�ces, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concunent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, off'icers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 53 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in Exhibit "C", attached hereto and incorporated by this reference, for the duration of the Agreement and thereaflter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 2- 1/2010 CITY OF "�.�.... F�deral CITY HALL ��� 33325 8th Avenue Sauth • PO Box 9718 Federal Way, WA 98663-9718 (253) 835-7000 www. ciryoSederahray com 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. PROFESSIONAL SERVICES AGREEMENT - 3- 1/2010 CITY OF '�,�,�,�.., Federal Way 13. GENERAL PROVISIONS. CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Wary, WA 98063-9718 (253) 835-7�0 w►�wv. cityotfederaM�aay. com 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Com�liance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure .or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 4- 1/2010 CITY OF '�•..... Federal CITY HALL ��� 33325 8th Avenue Sauth • PO Box 9718 Federal Way. WA 98063-971$ (253)835-7000 www.atyoffederahvay.com 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] �lug YtotoN notpe��b MD1t �tAMA�Ii1M13201. U t(}S .tfS �oM todcpc� tnemh�i0QqA1A� PROFESSIONAL SERVICES AGREEMENT - 5- 1/2010 ` CITY OF 1..., Federal CITY HALL Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoSederelway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY a� �3�H Ol ���� �i�s...� B' W son, Ci an er�Police Chief DATE: �� Z�/v ATTEST: t. City Clerk, Carol Mc eilly C APPROVED AS TO FORM: City Attorney, Patricia A Richardson � I�i �:7 /��i:l I�I:� Q �•1 dba 2KS CONSULTING , By: Kevin B. Hinkley Owner DATE: �� � / /� b STATE OF WASHINGTON ) ) ss. �o�� oF K► � �- � On this day personally appeared before me, Kevin Brian Hinkley, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN �my ha�d and official seal this � day ��Ip� ��+M�� ,?b� 2810 �:.. 20�? �� t (typed/�frinted name of notary) Notary� Public in and for the Stat of W shington. My co�nmission expires a i ,� , PROFESSIONAL SERVICES AGREEMENT - 6- 1/2010 � CITY 4F ,���. Federal CITY HALL ��� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 ww4v c�roSederahMay. com EXHIBIT "A" SCOPE OF SERVICES 1. The Contractor shall do or provide the following: T'he Contractor shall provide Structural Engineering Plan Review Services to the City of Federal Way on an on-call basis. Plan Review Consultin� Tasks Each item of work under this Agreement will be provided by task assignment. Each assignment will be individually negotiated with the Contractor. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing to the City. The City is not obligated to assign any specific number of tasks to the Contractor, and the City's and Contractor's obligation hereunder are limited to the ta.sks assigned in writing. For Plan Review, the tasks assignments may include, but are not limited to, the following types of work: a. � Provide peer review and assistance in evaluating structural plans and calculations, soils reports, and related information. Other tasks as assigned: 1) Authorization To Proceed. Any services performed by the Contractor that will result in costs billed to the City, shall be based on an estimate provided for the work to be performed and shall be performed only after receipt of a Written Purchase Order. The City is not obligated to assign any specific number of tasks to the Contractor, and the City and Contractor's obligation hereunder are limited to tasks assigned in writing. 2) Purchase Orders. A Purchase Order will be issued for each separate task that the City requests the Contractor to perform. Prior to issuance of a Purchase Order, City staff and the Contractor shall agree upon the scope of services for the task and cost of the task (time-and- material with a not-to-exceed estimated cost). 3) Compensation. Compensation for each Purchase Order shall be on a time-and-materials basis. When compensation will be on a time-and-i'naterial ba'sis, the hourly billing rates charged for labor shall be as indicated in EaLhibit "B" to this Professional Services Agreement. Compensation provided by the City for Contractor's outside expenses and sub- consultant costs will be at the actual direct cost. 4) Timin�. Plan review services s1ia1T be performed within ten (10) working d�ys; failure to complete the review within this time frame shall result in a 50% (fifly percent) reduction in the rate shown on Eachibit B. PROFESSIONAL SERVICES AGREEMENT - 7- 1/2010 CITY OF �, Federal Way EXHIBIT "B" COMPENSATION 1. � CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-971 � (253}835-7000 wHn+c cit�roffederahNay. com Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Thirty Thousand and No/100 Dollars ($30,000.00). Method of Compensation Hourly Rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Kevin B. Hinkley, P.E., S.E. $125.00/Hour All other direct costs and sub-consultants will be charged at cost plus ten percent (10%). PROFESSIONAL SERVICES AGREEMENT - 8- 1/2010 . � • � .. � • CITY HALL ��� 33325 8th Avenue Sauth • PO Box 9718 Fede�al Way, WA 98053-9718 (253)835-700a www cdyoSederatway. cam EXHIBIT "C" INSURANCE 1. T'he Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washiwgton State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less t6an $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state-run workers' compensation 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 of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. PROFESSIONAL SERVICES AGREEMENT - 9- 1/2010