AG 11-0031 1 RETURN TO: Mary J EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: PARKS
ORIGINATING STAFF PERSON: STEVE IKERD EXT: 3. DATE REQ. BY: ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
X CONTRACT AMENDMENT (AG#):_11-003_
❑ OTHER
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
. PROJECT NAME: TREE SERVICES
NAME OF CONTRACTOR: _THUNDERING OAK ENTERPRISES
ADDRESS:
E-MAIL:
SIGNATURE NAME:
TELEPHONE
FAX:
TITLE
. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES X COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES X PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: 1/18/11 COMPLETION DATE: _12/31/18
-4— (e 0(3^ = 241) 151. a%)
TOTAL COMPENSATION $_195,159.00 + '. I: �: 'I' = (INCLUDE EXPENSES AND SALES TAX, IF ANY;
(IF CALCULATED ON HOURLY •
LABOR CHARGE — 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, $ PAID BY: 0 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
X PURCHASING: PLEASE CHARGE TO: 001-7100-335-576-83-480
0. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE)
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR
INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED
&W. 5— rc.4 LCIS
SCHEDULED COMMITTEE DATE: _2/13/18
SCHEDULED COUNCIL DATE: 2/20/18
3)/ �I v
DATE SENT: J / ' a
COMMITTEE APPROVAL DATE:
Z/i314
COUNCIL APPROVAL DATE: 2- 11 d0 / L a
DATE REC'D: 3b,1 /1 b
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
❑ LAW DEPARTMENT
TIjS1_GNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
',OMMENTS:
IT 10 Ayr zd i g
`/ II 7'
Avg 11-t E
DATE SENT:
0112—I9 -4-1r-
1
CITY OF
Federal Way
AMENDMENT NO. 5
TO
MAINTENANCE AGREEMENT
FOR
TREE SERVICE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway corn
This Amendment ("Amendment No. 5") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Thundering Oak 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 Tree Services ("Agreement") dated effective January 18, 2011, as amended by Amendment
No(s). 1, 2, 3 and 4 as follows:
1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B-5, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
AMENDMENT
[Signature page follows]
- 1 - 3/2017
CITY OF
,t Federal Way
TY HALL
_3325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
3
DATE: IZILl
THUNDERING OAK ENTERPRISES, Inc.,:
Printed Name: Cif vi C
Title: 6q*-,
Date: 2--( 2-0 N
ATTEST:
IjwAl f AA 19'
��p4anie Courtney, CIVIC, City Clerk
APPROVE❑ TO FORM:
J. Ryan Call, City Attorney
STATE OF WASHINGTON )
ss.
COUNTY OF
On this day personally appeared before me 6f [ XG to me known to be the
(2enPirM M ar A w r _ of 4,i f r i CA r)6" }_. .. _ _that executed the foregoing
instrument, and ack owledged the said instrument td 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 100 day of
Notary's signature C
Notary's printed name
Notary Public
State of Washington
RHONDA HARGRAVES
My Appointment Expires Jun 20, 2018
Notary Public in and for the State of Washington.
My commission expires
My commission expiresI(�?D -W�jR
AMENDMENT - 2 - 3/2017
Vecleral Way
EXHIBIT B-5
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www crtyoffederalway con)
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount
not to exceed Sixty Thousand and No/100 Dollars ($60,000.00), and Washington State sales tax equal to Six
Thousand and No/100 Dollars ($6,000.00) for a total of Sixty -Six Thousand and No/100 Dollars ($66,000.00).
The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this
Amendment shall be an amount not to exceed Two Hundred Sixty -One Thousand, One Hundred Fifty -Nine and
No/100 Dollars ($261,159.00).
AMENDMENT - 3 - 3/2017
IRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT. /DIV: lir 14-
2. ORIGINATING STAFF PERSON: cJ1 t�►%� �Fy/
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
Er(6NTRACT AMENDMENT (AG #): 11- (Jo
❑ OTHER
EXT: 0311 3. DATE REQ. BY:
G., RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
i5 ❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME:
6. NAME OF CONTRACTOR:
ADDRESS:
E -MAIL: * r jG�
SIGNATURE NAME:
— Frc e. r v' ch_5
%5e,
TELEPHONE 253.2 �• S�'i� 3?5
FAX:
TITLE Ge.vex ' Y ' ~(
tryoz- I.44Aclrva.
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
8. TERM: COMMENCEMENT DATE: ' /V / 1 1 COMPLET4ON DATE: Dec. '3 t I201B
9. TOTAL COMPENSATION $ 5‘N:1115‘119.7)1- 31 K -36{C10° + I (IN� CLUDE EE EXPENw S E( � SALE'S 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 .0'qS ❑ NO IF YES, $ PAID BY$C6NTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
001.7100.335.516- 4253• sSD
❑ PURCHASING: PLEASE CHARGE TO:
10. DOC
ENT /CONTRACT REVIEW
ROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCILAPPROVAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR
❑ ATTACH: SIGNATURE AUTHORITY,
❑ LAW DEPARTMENT
❑ CH OF STAFF
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
COMMENTS:
INITIAL / DATE REVIEWED
s-z
to-
-7/12 �1 • tb
C-. (olIct
INITIAL / DATE APPROVED
COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
DATE SENT: loizoii 4 DATE RECD:
! t 2
INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
AG
DATE SENT:
Federal Way
AMENDMENT NO. 4
TO
MAINTENANCE AGREEMENT
FOR
TREE SERVICE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
This Amendment ( "Amendment No. 4 ") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Thundering Oak Enterprises, 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 Tree Services ( "Agreement ") dated effective January 18, 2011, 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, 2018 ( "Amended Term ").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B -4, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall
be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance
and payment of this Agreement.
4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 1/2015
Vecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederahvay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
DATE:
09//6
THUNDERING OAK ENTERPRISES
Printed Name:
DATE: Idit124(w
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF
ATTEST:
Courtney, CMC, Ci lerk
APPROVED AS TO FORM:
City Attorney, et.
3. \
On this day personally appeared before me A� . • to me known to be the
o (Arna-k_ of Thundering Oak Ente • •ses 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 C\ day of , 201
Notary's signature
otary's printed name v A n. 6 . Ls
Notary Public Notary Public in and for the State of Washington.
State of Washington 1 My commission expires ee, - /7 - c'/7
SUSAN 8 LINO
My Appointment Expires Jun 17, 2017
AMENDMENT 2 1/2015
4- Federal Way
EXHIBIT B -4
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalway com
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed Thirty -Three Thousand Six Hundred Ninety -Eight and 63/100 Dollars ($33,698.63), and Washington State
sales tax equal to Three Thousand Two Hundred and One and 37/100 Dollars ($3,201.37), for a total of Thirty -Six
Thousand Nine Hundred and 00 /100 (36,900.00). The total amount payable to Contractor pursuant to the original
Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Ninety-
Five Thousand One Hundred Fifty -Nine and No /100 Dollars ($195,159.00).
AMENDMENT 3 1/2015
RETURN TO: nnL EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PROS/
2. ORIGINATING STAFF PERSON: SlOt.e 1 EXT: Cal 1, ( 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
,C,�ONTRACT AMENDMENT(AG#): I� � ❑ INTERLOCAL
�/❑ OTHER C_ ,/
5. PROJECT NAME: I Y c VL
6. NAME OF CONTRACTOR: I k itclro 1 vv., (Dale, �Y1SV
ADDRESS: � 3 � l`b�"1 p l hNYr vA. g �"11
TELEPHONE: Z 7-j-
Zee•F5i33
E-MAIL: FAX:
SIGNATURE NAME: 1.0,r,dh,Ad TITLE: Gil (
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#00100610 000 OO BL,EXP. 12/3 1/ UBI# (obZr74°I 16(o ,EXP. / /
8. TERM: COMMENCEMENT DATE: COMPLETION DATE: Z.• 3\ • 201(
oD
9. TOTAL COMPENSATION: 5 tO 1�'(O�' + 32'" ''�Fay 3(O� `�� CE E EXPEN S AND SAL S T X IF ANY)
$
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
❑ PURCHASING: PLEASE CHARGE TO: 00 -1 O(7 335 •5j7(p• 133-Liss°
10. DOCUM T/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
MANAGER 4L I Z• Ps•1i-t
❑ SUPERVISOR
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW DEPT rVQ/ ILI It I '/14
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: l b/i �> COUNCIL APPROVAL DATE: 1/24-1j.
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 1/7- 11 DATE REC'D: i O/�
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
LAW DEPT -V- •
IGNATORY(MAYOR OR DIRECTOR)
CITY CLERK ar
VAssIGNEDAG#
IGNED COPY RETURNED DATE SENT: / 113
❑RETURN ONE ORIGINAL
COMMENTS:
1 1/9
CITY OF CITY HALL
;.
Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway.corn
AMENDMENT NO. 3
TO
MAINTENANCE AGREEMENT
FOR
TREE SERVICE
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Thundering Oak Enterprises, 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 Tree Service("Agreement") dated effective January 18, 2011 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, 2016 ("Amended Term").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B-3", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s)for the Amended Term. Except as otherwise provided in an attached Exhibit,the Contractor
shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
3. 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
I _ ,
` CITY OF CITY HALL
ii„.. ...., Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway.corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
•
By: 1I 9 i AW
Jim, '-'ell, ayor I ' rk, Stephanie Courtney, C
DATE: ,/ 15 APPROVED AS TO FORM:
, 1-.19 et/U
City Attorney, Amy Jo Pearsall
THUNDERING OAK ENT tPRISES
By: ( ) 4 OF 1 .
Printed Name: f j C,t;. e._A d r(A ck
Title: 61
DATE: (.2 1 ( C S
STATE OF WASHINGTON
) ss.
COUNTY O r1
On this day personally appeared before me 13f L 012.. &. e.tub , to me known to be the
' 1 SIM f.• of --(1,nc\ckeirt C{ Oat y`y ^.'s that executed the foregoing
instrument,and a 4 owledged the said instrumee to be the free and voluntary act and deed of said corporation,for
the uses and purposes therein mentioned, and on oath stated that !'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 (21 day .4 " gr,• J`LLLQ 3u , 2015
Notary's signature i ' (Vi 4 v.' ,.'?G�
— — — — — — — — _ _Notari s printed name L e e,;41 h a. Ctrl`''
I ` Notary Public in and for the a e of Washington.
Notary Public My commission expires 5 0' „INC,
1 State of Washington
I DEEANN 0 LANGFORD I
I My Appointment Expires May 1.2016 '
AMENDMENT - 2 - 1/2010
CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way,WA 98003 03
-6325
(253) 835-7000
www cityoffederalway.com
EXHIBIT B-3
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount
not to exceed Thirty-Three Thousand Six Hundred Ninety-eight and 63/100 Dollars ($33,698.63), and
Washington State sales tax equal to Three Thousand Two Hundred and One and 37/100 Dollars ($3,201.37.) for
a total of Thirty-Six Thousand Nine Hundred and 00/100 Dollars ($36,900.00). The total amount payable to
Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an
amount not to exceed One Hundred Fifty-Eight Thousand Two Hundred Fifty-nine and 00/100 Dollars
($158,259.00).
AMENDMENT - 3 - 1/2010
L
Corporations: Registration Detail Page 1 of 1
THUNDERING OAK ENTERPRISES,INC.
UBI Number 602549166
Category REG
Profit/Nonprofit Profit
Active/Inactive Active
State Of Incorporation WA
WA Filing Date 10/18/2005
Expiration Date 10/31/2015
Inactive Date
Duration Perpetual
Registered Agent Information
Agent Name BRYCE LANDRUD
Address 31813 44TH AVE S
City AUBURN
State WA
ZIP 98001
Special Address Information
Address PO BOX 1847
City AUBURN
State WA
Zip 98071
G011F''fllll'1g%ons
Title Name Address
PresidentSecretary,Treasurer,Chairman LANDRUD,JANIS 31813 4TH AVE S
AUBURN,WA 98001
http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602549166 3/10/2015
RETURN TO: '� �--(' EXT: 2'�u Z
-J
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PRCS / F�iL.1N��
2. ORIGINATING STAFF PERSON: LJ\ �.3�'-- ,.,,L I�Q.J� EXT: 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ�
❑ PUBL[C WORKS CONTRACT ❑ SMALL OR L[MITED PUBLIC WORKS CONTRACT
❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.C,. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
�CONTRACTAMENDMENT(AG#�: ,���� ❑ INTERLOCAL
❑ OTHER ___
S. PROJECT NAME: �'e-'�- ��( � C�J
6. NAME OF C
ADDRESS:
E-MA[[.:
SIGNATURE
7.
g.
9.
C+�
�
Fax:
T[TLE:��+�.P!'G,,, � ! C9��
,.-, —a—
EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBCfS lf� PROOF OF AUTHORITY TO SIGN ❑ REQU[RED LICENSES � PRIOR CONTRACT/AMENDMENTS
CFW LICENSE #OV �V� yp �� BL, EXP. 12/31/� UBI #�'OZ rJ' �'1 �Ir �/ , Exr. �o / 3J/ l3
TERM: COMMENCEMENT DATE: O �/I is J� I COMPLETION DATE: I 2/��� I�'1
TOTAL COMPENSATION: $ • D� ��'�'�, ���(INCLUDE EXPENSES AND SALES TAX, IF ANY�
(IF CALCULATED ON HOURL LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO [F YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASECHARGETO:���I����l%�—U� �� /L�o����
lO. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REV [EWED INTfIAL / DATE APPROVED
� PROJECT MANAGER �� �S • N ' I?j __
❑ SUPERVISOR
�i D[RECTOR ��� 3, S �3
❑ RISK MANAGEMENT ([F APPLICABLE)
� Law DeP'r 3 • � 13
11. COUNCIL APPROVAL ([F APPL[CABLE� COMMITTEE APPROVAL DATE: �I� COUNCIL APPROVAL DATE: �/�j�_
12. CONTRACT SIGNATURE ROUTING . �
� SENT TO VENDOR/CONTRACTOR DATE SENT:
�ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTtFICATE, L[CENSES, XHIBITS
� LAW DEPT
�S[GNATORY (MAYOR OR DIRECTOR)
ITY CLERK
ASS[GNEDAG #
`� S[GNED COPY RETURNED
❑ RETURN ONE ORIGINAL
COMMENTS:
INITIAL / DATE S[GNED
��' �
AG# -
DATE SENT: � • 11 . 1 �i
DATE REC' D: �� I /I3
1/9
.
r ,� �
; .w � .r �
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 980�3-6325
(253) 835-70fl0
www ��tyaffederahvay com
AMENDMENT NO. 2
TO
MAINTENANCE AGREEMENT
FOR
TREE SERVICE
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Thundering Oak Enterprises, 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 Tree Service ("Agreement") dated effective January 18, 2011 as amended by Amendment
No(s). 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, 2014 ("Amended Term").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B-2", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor
shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
3. 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 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
.
• � a
.<r � i/
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7�0
www atyaffederalway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Skip riest, ayor
DATE: ��/h � � , 2p � ��
THUNDERING OAK ENTERPRISES
:
Printed
Title: � �011` V
DATE: 3 I�` I 1�
e ���d�-�.�.
STATE OF WASHINGTON )
) ss.
COUNTY OF
ATTEST:
City Clerk, Carol McNeill , CMC
APPROVED AS TO FORM:
�
City Att y, Patricia A Richardson
On this day personally appeared before me +�� °l-e- l�`�-0�— , to me known to be the
�ax�-� V���CJ✓ of ���u►r��� c� �- Gv�� , 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 �� day of ���� , 20 �?-
����� `( N� ��
���.L .,.....
A` .C� =
,1 G`�� .�• sglOn� �. • ,A -
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•••..,,...•• V ���
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i,r�N�N
AMENDMENT
Notary's signature
Notary's printed name � v� �--
Notary Public in and for the S te of Washington.
My commission expires �� � �13
-2-
1 /2010
.
� � � �
f,�"'��f,.� "
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 980Q3-6325
(253) 835-7Q00
wtivw �crtyaffede�ahvay com
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed Fifty Four Thousand Seven Hundred Fifty and 00/100 Dollars ($54,750.00). The total amount payable to
Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount
not to exceed One Hundred Twenty One Thousand Three Hundred Fifty Nine and 00/100 Dollars ($121,359.00).
AMENDMENT - 3 - 1 /2010
�, � DATE (MMIDD/YYYY)
A� ° CERTIFI �TE OF LIABILITY INSI�_ .ANCE 7/11/2012
THI,S' RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
C TIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
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 NAMEA T LeS11A Parks
HENTSCHELL & ASSOC INC PHONE (253)a72-1151 F� .(253)272-1225
Oae Pacific Suildiag E'�^^�� .lesliey@hentschell.com
621 PSC].f1C AV@. � S111te 4OO INSURERS AFFORDINGCOVERAGE NAIC#
Tacoma WA 98402 INSURERA:�lIl Cit Fire Insuraace Co.
INSURED INSURERB:SeI1t1AA1 =115111'A11C8 �.' 8=1
Thunderiag Oak Eaterprises, Iac. INSURERC:
P� $OX 1847 INSURER D :
Auburn WA 98O%1 INSURERF:
COVERAGES CERTIFICATE NUMBER:12/13 GL Auto REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
�LTR POLICY EFF POLICY EXP ��MITS �
TYPE OF INSURANCE POLICY NUMBER �
GENERAL LIABILITY EACH OCCURRENCE $ 1� OOOi OOO
A T E 3��i0�0
X COMMERCIAL GENERAL LIABILIN PR MIS E cc rrence $
A CLAIMSMADE � OCCUR X 2IIDL18R4994 /9/2012 /9/2013 MED EXP An oneperson $ 1�• ��0
PERSONAL 8 ADV INJURY $ li OOO� OOO
GENERALAGGREGATE $ 2� 000� 000
GEN'L AGGREGATE LIMff APPLIES PER: PRODUCTS - COMPIOP AGG $ a� OOO � OOO
X POLICY �� LOC $
MBINED IN L LIMIT 1 OOO OOO
AUTOMOBILE LIABILITY acci nt
X ANY AUTO BODILY INJURY (Per person) $
8 ALLOWNED SCHEDULED 2DENQY8200 /21/2012 /21/2013 gpDILY1NJURY(Peraccident) $
AUTOS AUTOS PROPERTY DAMAGE
NON-0WNED Per id n $
X HIRED AUTOS X AUTOS $
UMBRELLA GAB OCCUR EACH OCCURRENCE $
F�XCESS LIAB CLAIMS-MADE AGGREGATE $
$
DED RETENTION
WC STATU- X OTH-
�¢YEMPLOYERS'LIABILITY Y/N /9/2012 /9/2013
ANY PF20PRIETORIPARTNEWEXECUTIVE aIIONSR4994 E.L. EACH ACCIDENT $ 1 OOO OOO
OFFICER/MEMBER EXCLUDED? � N I A
A (Mandatory in NH) StoP �D E.L. DISEASE - EA EMPLOYE $ 1 000 000
If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1 000 000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 107, AddRlonal Remarks Schedule, M more space Is requlred)
RE: Aay and all work per£orme8 by the named insured. Certificate holder is included as a8ditional
insursd srid coverage is primary aad non-contributory whea required by writtea contract or aQre�ent Der
form HG0001 06-05.
TE
(253)835-6909
City of Federal Way
PO Sox 9718
Fednral Way, WA 98063
ACORD 25 (2010/05)
INS025 �zo� oos�.o�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
stern/L•7►P ,�°�``�
�� _
O 1988-2010 ACORD CORPORATION. All rights reaerved.
The ACORD name and logo are registered marks of ACORD
that are in excess of the applicable limit of insurance.
An°aAreed settlement means a settlement and release
of liability signed by us, the insured and the claimant or
the claimant's legal representative.
4. Otherinsurance
)f other valid and collectible insurance is availabie to
the insured for a lass we cQVer under Coverages A or
B of this Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b. below
applies. !f other insurance is also primary,� we will
share with all that other insurance by the method
described in c. below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether �imary, exoess, corrtingent or
on any other basis:
(1 j Your Work
That is Fire, �xtended Coverege, Builder's Risk,
Installation Risk or similar coverage for "your
work��.
,
{2} Premises Rerrted To You
ihat is flre, lightning or e�cplosiron insurance for
premises rerrted to you or temporarily occupied
by you with permission of the owner,
{3} Tenant Liability
That is insurance purchased by you to cover
your liabil'ity as a tenant for "property �damage"
to premises rented to you qr temporarily
occupied by you with permission of the ovmer;
(4) Airera'ft, Auto Or Watercraft
If the loss arises aut of the maintenance or use
of aircxaft, "autos" or watercraft ta the exter� not
subjed to Exdusion g. of Sedlon I— Coverage
A— Bodily Injury And Property Damage Liability;
(5) Praperty Damage to Borrawed Equipment Or
Use Of Elevators
If the loss arises ou# of "property damage" to
borrowed equipmerrt or the �se of elevators to
the exterrt not subjed to Exclusion j. of Section I
- Coverage A- Bodily injury And Property
Damage Liabllity; -
{6� When You Are Added As An Additional
Insured To Otl�er Insurance
Any other insurance available to yau covering
lia�l�ty for damages arising out of the premises
or ape�ations� or products and completed
operat�ons, for wt�ich yau have been added as
an add�ionel insured by that Insurance; or
Page 14 of 1�
� �
{7) UVhen You Add Others As An Additional
lnsured To This Insurance
Any other insurance available to an addition2'
insured. �
However, the foliowing provisions apply to oiher
insurance available to any person or
organization who is an additional insu�ed under
this coverage pa�t.
�a) � � � quired By
C ` P�' ��� ,�,�.
�
This insurance is primary if you have agreed
in a writttten contract or writien . agreement
that this insurance be primary. If other
insurance is also primary, we will share with
sll that ather insurance by the method
described in c. below.
{bj
If you have agreed in a written c��rsct,
written ,�greemer�t, or permit th$t t�is
insurance is primsry and non-c�ntrib�tory
with the adcfitionei insured's own insurance,
#his insurance is primary and we will not
seek corrtribution from that other insurance.
Paragraphs (a) and (b} do not apply to other
insurance to which the additlonal insured has
been added as an additional insured.
When this insurance is excess, . we will have n �
duty under Caverages A ar B to defend the insurea `
against any "suit" ff any other insurer has a du#y to
defend the insured agafnst that "suR". If no Mher
insurer defends, we.will undertake to do so, but we
will, be entitled to the insured's rights against all
those other insurers.
When this insucance is excess over other
insurance, we will pay oniy our share of the amouM
of tt�e loss, if any, that exceeds the sum of:
(1) The total amourrt that all such other insurance
would pay for the loss in the absence of this
9nsurance; and
(2j The total af all deductible and setF-insured
amourrts under atl that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this Excsss
Insurance pravisian and� wes not bougtrt speciflcally
to apply in �ccess of the Limits of Insurancs shown
in the Dectarations of this Coverage Part.
c. Method �f Sharing
If all of the other insurence perrnits cor�tributlon by
equal shares, u�re wiil follow this method also. Under
this �approach esc� insurer contributes equal
amounts un#il it has paid iks applicable Amit c�`
insurance or none of the loss remains, whichev� #
comes first.
HG 00 01 06 Ob
Corporations: Registration Detail Page 1 of 2
_ _ _ _......_._....—
�� 'v li.i..i �;::. � {. F11 i.('f: . �•• � � ... ... .. . .. . ... ��.I S�i1�CE�
Corporations and Charities Division
' Corporations Home i Nonprofit Home � Charities F�ome : Awards : Public Notices ' Contact Info
;
Corporation Detail
Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability,
or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the
accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this informarion,
portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or
her own risk.
All documents filed with the Corporations Division are considered public record.
THUNDERING OAK ENTERPRISES, INC.
UBI Number bo2549166
Category REG
Profit/Nonprofit Profit
Active/Inactive Active
State Of Incorporation WA
WA Filing Date io/i8/2oo5
Expiration Date io/3i/zoi3
Inactive Date
Duration Perpetual
Registered Agent Information
Agent Name BRYCE LANDRUD
Address 318i3 44TH AVE S
City AUBURN
State WA
ZIP 9800i
Special Address Information
Address PO BOX i84�
City AUBURN
State WA
Zip g8on
Governing Persons
Title Name Address
President LANDRUD , JANIS
AUBURN,WA
Vice President LANDRUD , BRYCE
AUBURN,WA
Purchase Documents for this Corporation u
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Washington Secretary of State • Corporations Division
8oi Gapitol Way South
PO Box 40234> Olympia WA 98504-0234
(360) 725-o3T7
http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602549166
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RETURN TO:
G'
CITY OF FEDERAL WAI� LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPTJDIV: �1�1,,.��
2. ORIGINATING STAFF PERSON: �1� v�C� ��� EXT: � 4 1 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.�. aorrD �LATED DocuMSrrrs�
❑ ORDINANCE ❑ RESOLUTION
�'EONTRACT AMENDMENT (AG#): '� �� W 3 ❑ INTERLOCAL
❑ OTHER __
5. PROJECT NAME: �IZ�E ����-�
6.
NAME OF CONTRACTOR:
ADDRESS: Qb 60
E-MAIL:
SIGNATURE�
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
8. TERM: COMMF.NC'F.MENT DATE: �} 23, Z� �� COMPLETIpN DATE: ��- �� �� I3 �
9. TOTAL COMPENSATION $ I� 1 i� I ���ly ���'" l" V� �/' ��� � `'�l (INCLUDE EXP�NSES AND SALES TAX, IFANY)
(IF CALCULATED ON HOURLY LABOR C�HARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: � YES YJ NO IF YES, MAX DOLLAR AMOUNT: $
IS SALES TAX OWED �YES ❑ NO IF YES, $�'t CP� � D� OYl GLYN�.Q.YLG�Q.G� GZ�� PAID BY:J�CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO: b�71 l �bd ^?j'�j- - �"'j'](o" �0 -N�'D(� r' � 36�qC�U
Oo1-Rttrb-3�j1 -'lrl6-P>D ��'Q�O " r9'4
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
s�'�ROJECT MANAGER ° �I - Z\ - �\ 5� �1-Z� �
�'JD�IRECTOR � � G
❑ RISK MANAGEMENT (IF arrt,tc�LE)
� �� LAW
11. COiJNCIL APPROVAL (IF APPLICABLE)
� � . •
e.•1 ��i .4 .
COMMITTEE APPROVAL DATE
COUNCILAPPROVALDATE: (�
12. ONTRACT SIGNATURE ROUTING
ID( 3�� SENT TO VENDOR/CONTRACTOR DATE SENT: �� � I I DATE REC'D: ���
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
ro�j� LAW DEPARTMENT
�p Z�j SIGNATORY (MAy01�
���� _ CITY CLERK
:D AG#
COPY RETURNED
INITIAL / DATE SIGNED
O. •
�LtO' 1
AG#
DATE SENT: \ � •Z�p • 1�
CITY OF
,�.., Federal Way
AMENDMENT NO. 1
TO
MAINTENANCE AGREEMENT
FOR
TREE SERVICE
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7U00
www atyoffederahvay com
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Thundering Oak Enterprises, a Washington corporation ("Contractor"). T'he City and
Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the
original Agreement for Tree Service ("Agreement") dated effective January 1$, 2011 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 13, 2013 ("Amended Term").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B-1 ", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached E�ibit, 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.
[Signature page follows]
AMENDMENT - 1 - 1 /2010
CITY OF
'�,�,�..;, F�e d e ra I
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7Q00
www atyoffederalway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
���J L�.. r
Ski ries , Ma City Clerk, Carol Mc eilly, C
I� � � �.r1 �.'� ' �/
THUNDERING OAK ENTERPRISES
By:
Bryce an d, Gen al Manager
PO Bo 47
Auburn, WA 98071
DATE: �� I ��" I � ( �
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
AP OVED AS FORM:
�
Ci y Attorn y, �atricia A Richardson
On this day personally appeared before me Bryce Landrud, to me known to be the General Manager of Thundering
Oak Enterprises that executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN m,���d official seal this ���y of ��� , 20� )
Notary's signature
Notary's printed name
Not
My
�
�
ic in and for the State of Washington.
�ion expires � � (� � �OI S
AMENDMENT - 2 - 1 /2010
CITY Of
,�..., Federal Way
EXHIBIT B-1
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www c�fyoffederahvay con+
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not
to exceed Forty Six Thousand Eight Hundred Ninety Nine and 00/100 Dollars ($46,899.00). The total amount
payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be
an amount not to exceed Sixty Six Thousand Six Hundred Nine and 00/100 Dollars ($66,609.00).
AMENDMENT - 3 - 1 /2010
'��/28�'ll 09:33AM Thundering Oak 253.939.5126 p.02
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P�onuc�� (��3)�7z-��.�1 �AX C253)27�-1225 TH13 CLfi.TiFlCATE E� iSSU�D A5 A MATT�R O� iFIFORMATI�P�
Nentsthel Y& Assoeia1;es, �nt. ONkY AN� CQNF�FiB NO RICHTB UPON TH� C�RTi�'lCATE
H4Lq�R. 'fHIB CER71FiGATE DQ�S NOT AMEND, �X7�ND OR
i?ne Paci ftiC 6u�i d�ng ALT�R TH� GOV�RAG� AF�O�tD�D �Y TH� PO�iCI�S BELOW.
i 62 �. '�aci f�i c Ave ., Su te 400 � �
''�� R 9$402 � INSUR�RS AF�ORD{NC3 GCJV�RAC3�
�ma , w ....................... --..............------...._.,,,,........,.................�..-----�-----._,.,....,.,,,:.,..--��------................... �...
,.. Thun ............._....__..........,,..............................__...............,........,..........�....._.._...._.,,,
�N� _o d�ring Oak Enterprises, Ittt ENSE3r���an: Twin City Fire Insuranee
1 .....................................�---......---�..,�.w,....,........._..__.._.............�.........,..,,.,�_.........._......_.....
PO 8ox 1847 iNSUr�rar Se�t'�ne7 Znsuranee Com�a
1............_....,.,-....,.....,..�..........._........_ ................m,........._..........._......._............, .
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�RTt�iCAT� HOLp�R CANC�LLATlON
8H�l1LD ANY QF TN� A�� tlESCRiBED r0i1C1�5 BE CANCES.�.ep p�pORE �yE exr�rio�
bAT� T1t8k�OF, 7H� 198U�NG lNSUR�R Wlt,t �.ND�AVOR 7tl MAlL �� „ DAYS NeNlTTEN
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�'� t�/ of r ede ral Way IMf�OSE NO UC#�tGATIOii OR i.laBlLf7Y OF AIiY KINn UpON 7N@ 1NSt1R�1�.1T3 A68NY9 OR
PO Box 9718 Rerrt�s�r�rar�v�s.
�ede�r8i Way , WA 98063 Au�HOarr.�n ��� TAt�v� p_
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, �a Stera LAP
CORC? 25 (2009107) Fq�( : 2 5 3. 83 �. 6�09 r�J 1988-�009 ACORb CORPOFtAT10N. A#1 rlghts res+erved
The ACORD narr�e and faflo arn registered marka of ACOR[3
RETURN TO:
CITY OF FEDERAL'WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: �R�S
2. ORIGINATING STAFF PERSON: 51��� ���'�--f--�/ EXT: �O l 1 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
❑ ORDINANCE
❑ CONTRACTAMENDMENT (AG#):
❑ OTHER
5. PROJECT NAME: ��'�,�G c �,V � ��
6. NAME OF CONTRACTOR:
ADDRESS:� O
E-MAIL: C� � '
SIGNATURE AME:
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
8. TERM: COMMENCEMENT DATE: ►/Q.(� �1 ,�iC� I I� _� COMPLETION DATE: �('!.(i �I , Zv� I
9. TOTAL COMPENSATION $ ( � � �� * �, � � �� = ' / � ( b � � O
� 1 (INC LUDE EXPENSES AND SALES TAX, IF ANY�
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: O YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED �IES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTO ITY
� EXT:
❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
��rh , �� �1 � ' TELEPHONE 7�3- ZF5$' ��733
Gl� FAX:
�c,r� L Y�-i TITLE C��.v.�ral Wl��r.
❑ PURCHASING: PLEASE CHARGE TO: nUI'�� UO `�j�j �j�Ip� gO- �('
10. DOCUMENT/CONTRACT REVIEW
�ROJECT MANAGER
❑ DIRECTOR
0 RISK MANAGEMENT (1F APpL�cABLE)
❑ Law
INITIAL / DATE REVIEWED
�- �2•t'1-10
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122�-�� � ��no�et
. i .��
COMMITTEE APPROVAL DATE: 1`�� �
INITIAL / DATE APPROVED
11. COUNCILAPPROVAL (IF APPLICABLE)
COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: � Z ( �2-� Q DATE REC'D: 1 I IJ'/I �
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
❑ SIGNATORY (cM oR �t[�CTOR)
� CITY CLERK
ASSIGNED AG#
SIGNED COPY RETURNED
COMMENTS:
INITIAL / DATE SIGNED
qA�J �-1 'll
(� /-1�
AG# � � �� Q �
DATE SEN I J�-I `� - lI
ll/9
�
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CITY HALL
333�5 8th ,Auenue Sauth • PO Box 971 &
FEderai #�ay 9�(363-97'18
{253} 836-7{3Qt}
�v cftyot�der�hvay evrn
MAINTENANCE AGREEMENT
FOR
TREE SERVICE
This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Thundering Oak Enterprises, a Washington corporation ("Contractor"). The City and
Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice
required under this Agreement:
THUNDERING OAK ENTERPRISES:
Bryce Landrud
P.O. Box 1847
Auburn, WA 98071
253-288-8733 (telephone)
bryce@thunderingoak.com
CITY OF FEDERAL WAY:
Steve Ikerd
33325 8 Ave. S.
Federal Way, WA 98003
(253) 835-6911 (telephone)
(253) 835-6909 (facsimile)
steve.ikerd(a�citvoffederalway.com
The Parties agree as follows:
1. TERM. The term of this Agreement shall commence upon the effective date ofthis 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, 2011
("Tertn"). This Agreement may be extended for additional periods oftime upon the mutual written agreement ofthe City and the
Contractor.
2. WORK.
2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more
specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayar or his or her designee.
2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide
the Work 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. The Contractor warrants it will provide services in a manner
consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services
are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its
sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material
discovered within one (1) year after the City's final acceptance of the Wark. This Agreement is subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired,
only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the
warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by
the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City
ofthe defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.
2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this
Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the Ciry, but the making
(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the
Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its
substantiality or the ease of its discovery.
MAINTENANCE AGREEMENT - 1 - 1 /2010
i
� . r
II �I���, ,� � , wr �r
GITY HALL
�� 33325 8th Avenue Snuth • PO Box 9718
Peder�l Way, tR+A 98t)63-9718
(�53} 83�S-7t�D
&b`K/i�t? CfE�O��.'C��/23�tYc'7}! CDtT7
2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall,
at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the
Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean
up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any
remaining payments due to the Contractor.
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 on the signature block of this Agreement. The City may terminate this
Agreement immediately if the Contractor fails to maintain reyuired insurance policies, breaches confidentiality, or materially
violates Section 12 and may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a ma�cimum amount
and according to a rate or method as delineated in Exhibit "B", attached hereto and incorparated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the
payment of any taYes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
4.2 Method of Pavment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified
by the City, including a description of what Wark have been performed, the name of the personnel performing such Work, and
any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work.
Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after
receipt and approval by the appropriate City representative of the voucher or invoice. If the Work 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 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either
defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the
work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods,
materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement,
the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees,
incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the
Contractor.
4.4 Non-A�propriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the
end ofthe current fiscal period, and this Agreement will terminate upon the completion ofall remaining Work for which funds
are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any
and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final
payment is made.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractar 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,
MAINTENANCE AGREEMENT - 2 - 1 /2010
i
,. ..
� <; �M� +�. � � �r
GITY HALL
�■�ir�� 3332� 8#1's Avenue Saufh • PO Box 9718
Fettera! �`Jay, V�1A �$(363-9718
{��3} �3�-TQOD
4SB�Y4t? tfty`G3�}?t�2t'cRr�YE7}x Cf?#IP
taa�es, 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 ftom, or in
connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's
sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same
terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's
work when completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes
of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or
any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims,
demands, actions, suits, causes ofaction, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to ar 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 thereafter 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.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance ofthis Ageement
shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for
immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any
public 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 delivery all needed or contracted for
work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor.
Contractor shall make such data, documents, and files available to the City 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.
MAINTENANCE AGREEMENT - 3 - 1/2010
Clrv o� CITY HALL
�����1 G'�I ����� 3332� 8th Avenue South • PO Bax 9718
Federaf Way, Wtt 98t�63-9718
(2��} 835-7f�?D
�a�a. cf t yofferieraicuz�y c�r n
10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
10.1 Indevendence. 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, income, or other t� which may arise as an incident of employment,
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.
10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees,
agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary
for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws
and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work
(Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health
Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades,
signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe
passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards
and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer,
gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials
and equipment and is solely responsible for the same
10.3 Risk of Work. 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. 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. Even though Contractor is an
independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection
to secure satisfactory completion
10.4 Prevailin�Wa e�s.
10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12
of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly
wages and fringe benefits to be paid to any of Contractor's labarers, workers and/or mechanics, Contractor shall not pay
less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State
of Washington where such labor is performed, as determined by the Industrial Statistician ofthe Deparhnent of Labor
and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D"
and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing
wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City.
10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees
to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the
Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly
extensions, and the Contractor agrees to pay its employees the increased prevailing wage.
10.4.3 Exemptions to Prevailin� Wa�e. The prevailing wage requirements of Chapter 39.12 RCW, and as
required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a
partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the
corporation.
MAINTENANCE AGREEMENT - 4 - 1 /2010
.
,r • �.
� � � •
ci �a,��.
�i�4+�� ��s 8th Avenue Saufh • Po Box s71s
Federai VVay �iA 98063-9718
{2a3} 835-�(1G90
swv�v_ cltyt�ft`ecder�a��y �rn
10.4.4 Reportin� Requirements. Contractor shall comply with all reporting requirements ofthe Department of
Labor and Industries ofthe State of Washington. Upon the execution ofthis Agreement, Contractar shall complete and
file a Statement of Intent to Pay Prevailing Wages with the Department of Labar and Industries. Upon completion of
the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Deparhnent of Labor and Industries.
Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages
Paid, certified by the Deparhnent of Labor and Industries, to the City.
10.4.5 Dis�utes. In the event any dispute arises as to what are the prevailing rates of wages for work of a
similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be refened for
arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision
therein shall be final and conclusive and binding on all parties involved in the dispute.
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, ar 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 ofthe Civil
Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973, 49 CFR Part 21, 21.5
and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination.
13. GENERAL PROVISIONS.
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement
conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections
of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of
the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal
shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement
and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Ageement. 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 ar entity shall
have any right of action or interest in this Agreement based on any provision set forth herein.
MAINTENANCE AGREEMENT - 5 - 1/2010
.
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133 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all
applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations,
rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's
Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance ofthis 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 ar 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 ofthe 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 ofthe State of Washington. Ifthe Parties are unable to settle
any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim,
shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over
such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the
personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are
an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal
costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition
to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed
the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof
hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such
counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set
of all signature and acknowledgment pages. The date upon which the last ofall ofthe Parties have executed a counterpart ofthis
Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
MAINTENANCE AGREEMENT - 6 - 1 /2010
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IN WIT`NESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
B �% i�-
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Cary M. Roe, .. Director of Parks, Public
Works & Emergency Management
DATE: ����� � �
THUNDERING OAK ENTERPRISES
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Printed Name: � �`'��-{ �� ''` `� '� �"��'
Title: `� - � •
DATE: � I � � � �
STATE OF WASHINGTON )
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COUNTY OF
ATTEST:
City Clerk, Carol Mc eilly,
APPROVED AS TO FORM:
City Atto y, Patricia A Richar son
O this day personally appeared before me _��( ,,�102�D , to me known to be the
s /y�q��,c� of �{�„� ��'nrT- 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 �_ day of _ , 20�•
a``` ����..•��"��u�,��� Notary's signature
Q � �1R;��� p �'4���� Notary's printed name � aJ
��l oT � ��7• �,� Notary Public in and for the Sta e of Washington.
�,� . My commission exrires
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MAINTENANCE AGREEMENT - 7 - 1/2010
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GITY H,4LL
���� 333�� 8th Avenue Sauth • Pt� Box 9718
Pederat Way, l�1tA 98063-9718
{253} 835-7£�OD
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EXHIBIT "A"
SERVICES
The Contractor shall do or provide the following:
DEFINITIONS
Owners• Park Recreation & Cultural Services• Citv and/or City of Federal Way and their authorized
representatives shall be understood to mean one and the same.
Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized
representative.
Approved means approved by the owner.
Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than
the required materials or methods.
Snecifications shall mean these specifications and all addenda thereto.
Tree service means the work and provisions described by the Service Contract and all addenda thereto.
Native trees shall mean those trees which are indigenous or natural to the site.
Ornamental trees shall mean those trees which are not indigenous or natural to the site, and are located as
part of the designed landscape.
SCOPE OF SERVICES
A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste
material generated by the work, unless other arrangements have been made with the Contract
Administrator or appointed designee. Contractor shall provided supervision and transportation to
perform tree services work as specifically outline in the Scope of Services.
B. All fieldwork shall be performed under the supervision of a qualified ISA certified arborist. Laborers
will be licensed for all related functions, including pesticide, fertilizer, and herbicide application, and
flagging card when required.
C. The Contractor will ensure that employees comply with all applicable City of Federal Way and
Washington State regulations and practices with respect to work performed for the City of Federal Way
and ANSI Z-133 standards.
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The Contractor's personnel will conduct themselves on site in a professional manner at all times.
Each employee will wear or display the company's name and/or logo. Vehicles working on City sites
will have company name and phone number displayed.
MAINTENANCE AGREEMENT - 8 -
1/2010
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'���� 33325 Sth Avenue S�uth • PO Box 97�8
Fede�af V�,fay,',�A 98063-9718
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F. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the
event of work performance deficiencies, the Contract Administrator will notify the Contractor.
Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the
deficiency within 48 hours, or hold payment.
G. Equipment intensive work using such equipment as; chain saws, chippers, lift trucks shall not commence
before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval).
In the event of an emergency storm event, hour restrictions may be waived by the Contract Administrator
or appointed designee.
H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way
Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire
Communications Center - 911.
I. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect
public from injury. It is the Contractor's responsibility to provide close supervision of operations and
management of the site.
Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator
within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from
the Contractor describing the incident or accident.
K. The Contractor, at his or her expense, will remedy in a timely manner any damage to Public or Private
Structures or plant material due to Contractor negligence.
L. Contractor will coordinate with the Parks Dept when any tree services are to be performed.
M. Tree services shall include but not be limited to: complete takedowns, crown reduction, thinning, weight
reduction, trimming, cabling, planting, fertilizing, pest control and root pruning.
N. Contractor and employees shall be trained and skilled to perform all tree services in close proximity to
structures and facilities on both private and public properties.
�
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Contractor to provide inspections and hazardous tree assessment reports by a qualified ISA Certified
Arborist.
The City reserves the right to ask for a quote on a tree service that may exceed $2000 prior to authorizing
the work to be performed.
RESPONSE TIME
A. Emergency response time not to exceed 6 hrs from City request.
MAlNTENANCE AGREEMENT - 9 -
1/2010
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EXHIBIT "B"
COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to
exceed Eighteen Thousand and No/100 Dollars ($18,000.00) and Washington State sales tax equal to One
Thousand Seven Hundred Ten and No/100 Dollars ($1,710.00) for a total of Nineteen Thousand Seven Hundred
Ten and No/100 Dollars ($19,710.00).
2. Method of Compensation:
Payment by the City for the services will only be made after the services have been performed, an itemized
billing statement is submitted in the form specified by the City and approved by the appropriate City
representative, which shall specifically set forth the services performed, the name of the person performing such
services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty
(30)
days after receipt of such billing statement.
Hourly rates not to exceed:
Tree climbing work, to include all associated trucks and chippers: $102.00 per hour
Grounds person work, to include all associated trucks and chippers: $100.00 per hour
Root pruning rate: $125.00 per hour.
Stump grinding rate: $125.00 per hour.
Fee for a certified tree assessment report: $95.00
MAINTENANCE AGREEMENT - 10 - 1/2010
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'��� 3332� 8th Rvenu� Sauth • PQ Box 9718
Federal Way, V1iA 98�63-9718
(253i 835-7t}�D
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EXHIBIT "C"
INSURANCE
1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers
who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death,
property damage, products liability, advertising injury, and liabiliiy 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 Washington State law per
accident for bodily injury, including personal injury or death, and property damage.
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.
MAINTENANCE AGREEMENT - 11 - 1/2010
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State of Washington
Department of Labor & Industries
Prevailing Wage Section - Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Page 1 of 1
Washington State Prevailing Wage
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate
of fringe benefits. On public works projects, worker's wage and benefit rates must add to
not less than this total. A brief description of overtime calculation requirements are
provided on the Benefit Code Key.
Journey Level Prevailing Wage Rates for the Effective Date:
1/13/2011
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County Trade Job Classification Wa e Holiday Overtime Note �
;King Power Line Clearance Tree Journey Level In Charge $40.79 5A 4A
� lYimmers
�
; King Power Line Clearance Tree Spray Person $38.73 5A 4A �
,
Trimmers
;King Power Line Clearance Tree Tree Equipment Operator �$40.79 5A 4A ;
Trimmers
=King Power Line Clearance Tree Tree Trimmer $36.50 SA 4A �
Trimmers 5
#
�King Power Line Ctearance Tree Tree Trimmer Groundperson $27.55 5A 4A ;
� Trimmers '
: �
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 1/13/2011
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333�� Sth Auenue Sauth • P{� Box 9718
Federa! V'Jay, Ve+A �8(363-9718
{253) 835-7't�OD
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EXHIBIT "D"
PREVAILING WAGES
MAINTENANCE AGREEMENT - 12 - 1/2010
�'��M CERTIFICATE OF LIABILITY INSURANCE odii8ii o'
PRODUCER (253)272-1151 FAX (253)272-1225 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hentschel l& Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
One Paci fi c Bui 1 di n HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
621 Pacific Ave., Suite 400
Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC #
INSURED Thundering Oak Enterprises, Inc INSURERA: TWIfl City Fire Insurance Company
PO Box 1847 iNSUReRe: Sentinel Insurance Company
Auburn, WA 98071 INSURERC:
INSURER D:
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 CONDIT�ONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL IIABILITY 52UUNSR4994 07��9�201� �7��9�2�11 EACH OCCURRENCE $ 1� 00� � ��
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 3OO � OO
CLAIMS MADE � OCCUR MED EXP (Any one person) $ IO � OO
A PERSONAL & ADV INJURY $ 1� OOO � OO
GENERAL AGGREGATE $ Z� OOO � OO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2� OOO � OO
X POLICY PR � LOC
JECT
AUTOMOBILELIABILITY 52UENQY8200 OH�ZZ�ZOO9 OH�ZL�ZOI.O COMBINEDSINGLELIMIT $
X ANY AUTO (Ea accident) 1� 000 � 00
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
B X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR � CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
�dfnl(XrKiXXX; 52UUNSR4994 07/09/2010 07/09/2011 WCSTATU- �( OTH-
EMPLOYERS' LIABILITY WASHINGTON STOP GAP E.L. EACH ACCIDENT $ 1� OOO � OO
A ANY PROPRIETOR/PARTNER/EXECUTIVE -
OFFICER/MEMBER EXCI_UQED? E.L. DISEASE - EA EMPLOYEE $ 1� OOO � OO
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1, OOO � OO
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
E: Any and all work performed by the named insured.
ertificate holder is included as additional insured and coverage is primary and non-contributory
hen required by written contract or agreement per form HG0001 06-05.
City of Federal Way
PO 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
3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIIITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE � �
�__. c-a__� i� wn
ACORD 25 (2001/08) FAX: (253)835-6909 �OACORD CORPORATION 1988