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AG 13-152 I I RETURN TO: C EXT: 1/3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM --� 1. ORIGINATING DEPT./DIV: G.p / pi-7414 2. ORIGINATING STAFF PERSON: =S G EXT: Z&-f 3. DATE REQ.BY: As P.p 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 1:1 RESOLUTION ErCONTRACT AMENDMENT(AG#): 13_'$'Z ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: G-2. TF T-12-.F4C��' E4CT-�-r 1 ot-4 6. NAME OF CONTRACTOR: C7-1Z..5-err G. A5 O c.66,1--ES ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES C•3-PRIOR CONTRAC NDMENT 8. TERM: COMMENCEMENT DATE: Ili /S COMPLETION DATE: to 737/ 9. TOTAL COMPENSATION$ 371 gte (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LAB R E-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: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER 'TG G//471r- ❑ DIRECTOR /- . .' �, 7 ❑ RISK MANAGEMENT (IF APPLICABLE) r ❑ LAW 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS IN AL/DATE SIGNED C AW DEPARTMENT ' f/1 f ❑ CHIEF OF STAFF ❑ IGNATORY(MAYOR OR DIRECTOR) IN(fITY CLERK d7a 6/SSIGNED AG# • "# /�j�)s L� tat SIGNED COPY RETURNED DATE SENT: 01 7.?I �� COMMENTS: Covet /"viPd 11/9 Aihi CITY OF CITY HALL �.... 33325 8th Avenue South Fe d e ra I Way Federal Way,WA 98003-6325 (253)835-7000 www cityoffederaiway corn AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY WETLAND/STREAM REVIEW AND EVALUATION This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Grette Associates, a Limited Liability Company, ("Contractor"). The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for third party wetland/stream review and evaluation ("Agreement") dated effective August 1, 2013, 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 June 30, 2017 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] PSA Amendment No. 1—Grette Associates - 1 - June 2015(1/2015) ` CITY OF CITY HALL '�._. 3e3e5 8th Avenue South Federal Way Federal Way,WA 98003 03 -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: i�� Al 1 JL L ALAtiiina Jim 7. 1, .yor lerk, Stephanie Co ay, CMC DATE: / /.1//5 APPROVED AS TO FORM: /Ayiet fr 4.r City Attorney, Amy Jo Pearsall GRETTE ASSOCIATES, LLC By: `--� Matthew Boyle, Principal DATE: 7� ca-2-P/ �- STATE OF WASHINGTON ) `� ) ss. COUNTY OFT--- F -' ) On this day personally appeared before me Matthew Boyle, to me known to be the Principal of Grette Associates that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this 7 day of __��,� , 2015. ,,.��vve,it I�, �� ;++ Notary's signature • � H��F,,,(((���d di Notary's printed name Y\kAb L.1 nos_ Q . 4-A•FE11.. • E4-MA-V-4(.. i �' M�SSIOF/ ��; i : NOTA/i4 1 Notary Public in and for the State of Washington. '; p y My commission expires -5 . 17 9304x5 23 ,t( • • 3 t yF;�•'l i� PSA Amendment No. 1—Grette Associates -2- June 2015(1/2015) RETURN TO: � S��_ EXT: Z�Gi3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM l. ORIGINATiNG DEPT.!DIV_ �j�Q � ��iG�+--� (—( (F-t 2. ORIGINATING STAFF PERSON: �^ S�� �___ _ EX"1-: Z� 3. DA"I'E REQ. BY': _ ____�-- - 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECT[ON DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT �ROFESS�O�IAL SERViCE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODSANDSERVICEAGREEMENT ❑ HUMANSERVICES/CDBG __ I-1 RRAi . F.STATR nn('i 1MF.NT ❑ SECURITY Q(��'t IMF.NT (E_G.BpI•IDxE�aTEn �ocunaerrTS) ❑ ORDINANCE ❑ CONTRACTAMENDMENT (AG#): O OTHER 5. PROJECT NAME: _ �'�" �d,�� ❑ RESOLUTION ❑ 1NTERLOCAL � G] NAME OF CONTRACTOR: � FZ� %a$ S a� iw �t'�S ADDRESS: TELEPHONE ZS3 5 �3 ' `l3od E-MAIL: FAX: SIGNATURE NAME: �) p.'f'TI-�( � W '(�� o yC„F TITLE �. ( I.�Gt �.- 7. EXHIBITS AND ATTACHMENTS: �COPE, WORK OR SERVICES C�3TOMPENSATION L`1 NSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHiBITS C�3'PROOF OFAUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENTDATE: UPoµ S��-t���g COMPLETIONDATE: (s o Ze iS _ 9. TOTAL COMPENSATION $ ��� f� / (INCLUDE EXPENSES AND SALES TAX, IF ANY) (1 F CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDU LES OF EM PLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: dFS ❑ No tF �S, MAXIMUM DOI.I.AR AMOUNT: $ IS SALES TAX OWED ❑ YES Lti7'NO IF YES, $ PAID BY: p CONTRACTOR O CITY ❑ PURCHASING: PLEASE CHARGE TO: Q7 I��Zf�" �I_ L�Cj�S "�D' �L� l0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED 0 PROJECT MANAGER ❑ DIRECTOR __ ❑ RfSK MANAGEMENT (�r- nr�i.ic.aal_s) ❑ LAW INITIAL / DATE APPROVED 1 i. �'OUNCILAPPROVAL(tiF��r�.icar��.r) COMMITTEEAPPFO`�'11. DATE COUNCILAt'^ROVAt. DATE: 12. COIVTRACT SIGNATURE ROl1TINC `❑ SENTTOVENDOR/CONTRACTOR DATE SENT: DATE REC'D: L�ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICA'TE, LICENSES, EXHIBITS O LAW DEPARTMENT � SIGNATORY (MAYOR OR DIRECTOR) � CITY CLERK � ASSIGNED AG# ❑ SIGNED COPY RETURNEU IN TIAL/DATE S[GNED '��--�-- .� -- -_ _---- AG# t3_t�z_ _-- DATE SENT: ��_I � COMMENTS: C / -- �'' °�t'o+t�n /�'l�dll P�.o r �._ _-i'� _ S��a<<�d �-s � i vn Cltv C�� �ITY Hr1�.L �3?25 Hfh Av�ttue South Federal dNay, WR 9$003-6325 �253� 835-70Q0 sv�s+av ertyc�/fede� t�iway cr�in RECEIVED BY COMMUNITY DEVELOFMENT DEPARTMENT PROFESSIONAL SERVICES AGREEMENT ����2 2�2013 FOR THIRD PARTY WETLAND/STREAM REVIEW AND EVALUATION This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington Municipal Corporation ("City") and Grette Associates, a Limited Liability Company ("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: GRETTE ASSOCIATES: Matthew Boyle, Principal 2102 North 30`� Street, Suite A Tacoma, WA 98403 T: 253.573.9300 F: 253.573.9321 The Parties agree as follows: CITY OF FEDERAL WAY: Isaac Conlen, Planning Manager 33325 8"' Avenue South Federal Way, WA 98003-6325 T: 253-835 2643 (direct line) F: 253-835 2609 . . .-. . ,.,. , , 1. TERM. The term of this Agreement shall commence upon tlie effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services, but in any event no later than June 30, 2015 ("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 mare specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality, or the ease of its discovery. 3. TERMINATION. Either 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 confdentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. Grette Associates Professional Services Agreement - I- July 2012 s � �� INI � .w� .� � i ,r� � wr �r 4. COMPENSATION. CITY HALL 33325 8th Avenue Sauth � �ederal Vllay. V�IR 98003-6325 {253� 835-7£iii0 w�vw crtyoffederadrvz�y r.vrr� 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 E�chibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in E�ibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pa,��. 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. 43 Non-A�ropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current iiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense sha11 accrue to the City in the event this provision applies. 5. INDENINIFICATION. 5.1 Contractar Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. The 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 specifcally 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 Grette Associates Professional Services Agreement - 2- July 2012 . �I�I I� � � w'�`rw �r CITY HALL 3�325 8th �venu� St�uth F�derallNay.'V!!A 98C1�3-6325 (253) 835-7CIil0 c�v4v ertyol%derah�r+�y. cv�n shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts, or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnifcation. The City agrees to release, indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors, or omissions of the Contractor. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, the Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as E�ibit "D," and incorporated by this reference. At City's request, the Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If the Contractor's insurance policies are "claims made," the 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. Grette Associates Professional Services Agreement - 3- July 2012 . � ._,.e., , .` � "" � ar GiTY HALL 3332� 8tYr ;4venue Sauth �ederai ttVay. N{A 98003-6�2b �2a3) 835-7l�fl0 svww cityoffed�ri�lw�y cc�rrr 6.4 Survival. The provisions of this Section shall survive the expiration ar termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by the 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 the Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services 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. T'he 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. The 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 the 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 taaLes due except as specifcally 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 the 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. The Contractor agrees to resolve any such conflicts of interest in favor of the City. The Contractor confirms that the 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. Grette Associates Professional Services Agreement - 4- July 2012 > � � a� .ti r� ���MM � t 'M� �' CITY HALL �� �3325 �th �venue SoutYr Federaf t1Vay. VVe�A 95003-6325 (253� 835-7iitl0 ssrrvw criyotfedetatcvay rcxn 12. EQUAL OPPORTiTNITY 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 the 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. T'his 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. 'The 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. 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 �nd 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 beneft of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards, and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. Grette Associates Professional Services Agreement - 5- July 2012 ,• r� ,rl�, •► � � ,� CITY HA�L 33325 Sth Avenue Sauth �ederal i;�ay, '�'�A 98003-6325 (253) 835-7000 svrvkv citynff�detz�l�y.cvrn 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 the 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. (Signature page follows.) Grette Associates Professional Services Agreement - 6- JuIY 20�2 CI`t"Y ta� GITY Ht1i� � �� 33325 St� AVe�ue SoUth Federal Vi�ay, 'VlJA 98003-6325 (253) 835-70£i0 ;s�v�v c�ty�f�ed�ralwr�y.ccxn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Skip Priest, ayor �i r GRETTE ASSOC ES By: � Matthew Boyle, Prin pal DATE: � �S STATE OF WASHINGTON ) ) ss. COUNTY OF � ; �__ ) ATTEST: , i Clerk, Carol McNeilly, C APPROVED AS TO FORM: �_ Ci y Attorn , Patricia Richardson On this day personally appeared before me Matthew Boyle, to me known to be the Principal of Grette Associates that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �{� day of ,.� n..,�•� , 2013. '�����\�� � � _ ��� C,S�iC�, �1��, Notary's signature �E+ti. .. �......�`•��: � +���•'� �,ti���i� Notary's printed name ►�A.�. a j t Q S t�-l� R. • t4 Ar�-k� ti. �;4 s��T�,r ��� Notary Public in and for the State of Washington. � �';� ""�'" � � My commission expires S• �.3 • �`I �� ,, P�B��G 2� �► � ���° i�� ,��,?s� a 3�;. � a ���� C�F yy�SNti •`r ��+:i..���* .- Grette Associates Professional Services Agreement - 7- July 2012 '1;=�� �::�.��,' ��� '"'. � •,��.��.�. _. � t� ��� rTf`•�k.��+.....-, d�,�. 3 r .. �'� `�.. � �� � w.. �s X, � a' � _. 'j , . '4 � � • � -. . � x ; - a� , ti � � �. Y ,.. � : °� t'�` = �"" �3X,.' ��) �¢�+ "� �� � i��a'� ; ��' �: ',Y;"� ..tsrr,.x r;al ': '... ;'•J•/C� ,s``��"fk �{ ,��i..i �� .:ti,}�:!*+ <J//l � f �� � : �+c ;� rr �� � �wi+ �� � �+�w rr EXHIBIT "A" SERVICES CCTY H�,�L 33325 Sth Avenue South • P� Box 9718 Federal VVay, VVA 98f)63-9?18 (��3) 835-7t3if0 ��i�-w. eit,rtifteder�i�vY�y cvnl The Contractor shall provide on-call licensed wetland/stream consulting services to the City, as requested by the City. Upon identification of a project by the City, the Contractor will prepare a Scope of Service and Budget for the project, to be negotiated and agreed to by both parties. Typical services that may be requested under this Agreement include, but are not limited to, the following: 1. Third Party Wetland/Stream Review. The Contractor will evaluate wetland delineations, analysis reports, mitigation plans, stream evaluation reports, mitigation plans, and similar reports and project plans submitted by applicants for construction projects in the City. The Contractor will evaluate the reports and plans for consistency with the Federal Way Revised Code (FWRC). The Contractor will prepare written evaluations and recommendations. 2. Basic Wetland and Stream Review Service. The Contractor will perform a`Basid' wetlandJstream review service as described in City Bulletin #063, attached as Exhibit C. 3. Additional Services as Needed. Additional wetland/stream consulting services in support of City needs. An example would be preparation of a wetland delineation report in support of a City construction or road project. Grette Associates Professional Services Agreement - 8- Jnly 2012 s Mr , � .r� < � ' � ` EXHIBIT "B" GRETTE ASSOCIATES 2013 BILLING RATES Title Principal Associate Biologist 5 Biologist 4 Biologist 3 Biologist 2 Biologist 1 Administrative Assistant Field Assistant Sub-consultants Expenses (excluding mileage & boat) Mileage Copy Charge (per page) Boat (per day) �ITY HA�L 33325 8th Avenue Sc�uth • PO Box 9713 Fe�{era[ �1Vay, V1rA 98�63-9718 (253j 835-7t3f3t3 tva��v irtyvlfeder�ita ��Y Ct�ng Rate 200.00 145.00 126.00 115.00 105.00 95.00 87.00 72.00 60.00 8% M[J 8% MLT 0.60 0.10 750.00 GRETTE STAFF CLASSIFICATION AS OF 2013 Matthew Boyle Principal Scott Maharry Biologist 5 Melora Shelton Biologist 4 Cassandra Moore Biologist 3 Matt Heddin Biologist 3 Megan Bushnell Biologist 2 Chad Wallin Biologist 1 Erin McIntyre Administrative Assistant Grette Associates Professional Services Agreement - 9- JuIY 2��2 s 1M � � � ' � � � �r GITY HALL 33325 Sth A�.�enue South • P� Bax 97i8 � Federa{ �'Vay, '�dA 98{363-9718 {2a3} 835-7t7t)Q w�ta�� criYUltetler€thm��y cu!rr COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Thiriy Nine Thousand Nine Hundred Ninety Nine and 00/100 Dollars ($39.999.00). 2. Method of Establishing Hourly Rates: The Contactor's hourly rate shall be the rates prescribed in the above fee schedule. 3. Basic Wetland Stream Review Service: The Contractor shall perform Basic wetland/stream review service (as described in Exhibit "C") for a flat fee of $1,050. 4. Reimbursable Egpenses: The Contractor may submit a voucher or invoice for reimbursable expenses using Table 4, below. Actual cost without mark-up shall be documented. The actual customary and incidental expenses incurred by the Contractor in performing the Services shall include postage, UPS/ FedEx, incidental copy charges, and other reasonable costs; provided however, that such costs shall be deemed reasonable at the City's sole discretion. Table 1 Reimbursable Cost Mileage Current IRS Rate Reimbursable Expenses Actual Cost without Mark-Up Grette Associates Professional Services Agreement - 10 - July 2012 �NTY €�� GITI' H��L 333�5 8th A�renue South • PC7 Box 9718 Federa( V'day, V�!A 98�63-�718 (253} 835-7€3a0 a�s�sv cityuf.f2zi�r�t�v��y.cc�nr EXHIBIT "C" WETLAND AND STREAM REVIEW BASIC SERVICE The City of Federal Way's consulting wetland and stream scientists can provide a flat fee service to review limited wetland and stream site conditions. A nonrefundable flat fee of $1,050.00 generally provides the following services: • Two hours of wetland or stream study review • Equivalent of a two hour site visit by two scientists • Preparation of a brief inemorandum • Coverage of various reimbursables 'This service is designed to review existing wetland and stream reports and field verify flagged delineations and ratings on smaller properties. This service is generally limited to properties less than one acre in size with only limited wetland or stream conditions. For properties where no study has been prepared, arrangements can be made to use this service for onsite consultation consistent with the terms listed above. More complex situations or larger properties will require a specifc consultant prepared scope of work and cost estimate. When the fee is paid, the city's consultant will contact you to schedule the site visit. Project Name: Request: Location: Folder #: Parcel #: Name: Phone: Email: Mailing Address: Fee: $1,050.�00 Date Paid: Receipt #: I authorize the city to proceed with the above request. Signature: Date: Grette Associates Professional Services Agreement - 11 - July 2012 ��-� GRETT-1 OP ID: SK ACORL7'"' DATE (MMlDDNYYY) �,..� CERTIFICATE �F LIABILITY INSURANCE 0611812013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA710N 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 CONS7ITUTE A CONTRACT BENVEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER7IFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, suhject 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 certiflcate holder in lieu of such endorsement(s). PRODUCER Phone: 509-662-2194 NAME: T Stacia Knudtson Noyd & Noyd Ins. Agency, Inc. Fax: 509-664-6786 PHONE 509-662-2194 �uc N,: 509-664-6786 PO Box 1509 / SDO N. Wenatchee A�c No Ex : Wenatchee, WA 98807 aooRESS: stacia no dins.com ui,.ti�ai � u.,,.,� INSUR� Grette Associates LLC 151 S. Worthen St. Suite 101 Wenatchee, WA 98801 INSURER(S) AFFORDING COVERAGE ��� wsu�Rn:American States Ins. ColLNW 19704 INSURER B: C+011tlll@IltB� �'i8SU8��/ INSURER C : INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT 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 WffH 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. LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �L7R TYPE OF INSURANCE �NgR POLICY NUMBER MM1D MMlLDDIWW ��M� GENERALLIA8ILITY EACHOCCURRENCE $ ��0�,� A X COMMERCIAL GENERAL LIABILITY X OYCEO'IJ%3YOO OHIO'IIZO'IZ O8/07 12 01 3 PREMISES Ea occurrence $ ���'� CLAIMSMADE � OCCUR MEDEXP(Anyoneperson) $ �0,� PERSONAL & ADV INJURY $ i�OOO�OO GENERALAGGRE6ATE $ Z�OOO� GEN'i AG6REGATE LIMIT APPLIES PER: PRODUCTS- COMPlOP AGG $ Z�OOO�OO X POLICY ECT LOC $ AUfOMOBILE LIABILITY COMBINED SINGLE LIMIT ��QQQ�OO Ee acciden[ $ �. A� X� ANY AUTO � OZCED'I9�3YOO 08/0112012 08/01/2013 BODILY INJURY (Per person) �$ ALL OWNED SCHEDULED BODILY INJURY (Per accideM) $ AUTOS AUTOS $ X HIRED AUTOS X AUTOSWNED PP 08ER�TY DAMAG $ UMBRELLALIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERSCOMPENSATION WCSTATU• X OTH- AND EMPLOYERS' LIAB�ITY ,� 0��� A ANY PROPRIETORlPARTNERIEXECUTIVE Y j N N � A 02GE01973200 O8l01/2012 08l01/2013 E.L EACH ACCIDENT S � OFFICERlMEMBER EXCLUDED? (Mandatory in NH) WA STOP GAP E.L. DISEASE - EA EMPLOYEE $ �,0�� if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2+� + B Professlonal Llab EEH25d072045 08/01/2012 08l0112013 Per Claim 2���� Deduct 10, DESCRIPTION OF OPERAl10N31 LOCATIONS I VEHCLES (Attach ACOFtD 101, Additlonal Remarks Schedule, if more space is requlre� Certificate holder is an additional insured on the General Liability per orm CG7635 (02/07) with regards to Third Party Wetland/Stream Review and aluation. Coverage is primary and non-contributory. EXHIBIT - CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOi10E WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH 1HE POLICY PROVI810NS. 33325 8th Ave S Federal Way, WA 98003-6325 AUTHORIZEDREPRESENTATNE Michael E. Noyd O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD n�rnuv � cu rnum � nc r�nrv�o uorwn r `W.�r`���`���r,.� '�. /k COMMERCIAL GENERAL LIABILITY CG 76 35 Q2 07 THIS ENDORSEMENT CHANGES 7HE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++ ADDITIONAL IN5URED — BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN (NSURED (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy pe�iod shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or °personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease ar occupy, subject to the foliowing additional provisions: (a) This insurance does not apply to any "accurrence'" which takes place after you cease to be a tenant in any premises leased to or rented to YaU� (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operatians for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additianal provisions: (a} This insurance does not apply to any "occurrence" which takes place after the equipment lease expires; fncludes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 Safeco antl the Safeoo logo a�e !egiste!ed ratlema!ks ot Safeco Co!paa6on CG 76 35 02 07 Page 1 oi 4 EP r.. (b} This insurance does not apply to "bodily injury" or °property dam- age" arising out Qfi the sole negli- gence of such person or organization; {4) Permits issued by any state or palitical subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily injury", "property damage", or "persanal and advertising injury" arising out of operations performed for the state or municipality. The insurance with respect ta any architect, engineer, or surveyor added as an insured by this endorsement does not apply to °bodily injury'", °property damage", or Nper- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1} The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2} Supervisory, inspection or engineering services. d. This insurance does not apply ta "badily injury" or "property damage" included within the "praducts-completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations far that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be irnpased by law on you. Coverage shall be limited ta the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. ofi COVERAGE A(Spction 1) is replaced by the following: This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the '�odily injury" o� "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, aauto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do nat awn that is: (a} Less than 52 feet long; and (bj Not being used to carry persons or property for a charge; (3} Parking an "auta" on, ar on the ways next to, premises you awn or rent, pro- �ided the °auto" is not owned by or rented or loaned io you or the insured; {4} Liability assumed under any °insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5} "Bodily injury" or "property damage" arising out of: (a} the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a campulsory or financial responsibility law or other motor ve- hicle insurance law in the state where it is licensed or principally garaged; or (b} the operation of any of the machin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of pmabile equipment". (6} An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j• Damage To Property entrustment to others of any aircraft, °auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1} Property you own, rent, or occupy, including ation and "Ioading or unloading". any costs or expenses incur�ed by you, or Page 2 of 4 any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2} Premises you seli, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the °`property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1}, (3) and (4� of this exclusian do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented ta you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3}, (4), (5) and (6} of this exclusion do not apply to liability assumed under a side- track agreement. Paragraph (6) of this exclusion does not apply to �property damage" included in the "products- completed operations hazard". Paragraph 6. of LIM(TS OF INSURANCE {Sectian Illj is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "praperty damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN IfVSURED — MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1 } does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B— BAIL BONDS — TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: b. Up to S3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 9.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or °'suit", including actual loss of earnings up to S500 a day because of time off fram work. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN 1NSURED {Section II) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section il) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A{Section I) is replaced by the following: a. °`Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily inj�ry" or "property damage" resulting from the use of reasonable force to protect persons or property. CG 76 35 02 07 Page 3 oi 4 EP fXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINiT10NS (Section V) is replaced by the following: 3. °Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILlTY CONDITIONS (Seo- tion IV): We waive any rights of recovery we may have against any persan or organization because of payments we make for injury or damage arising out of your ongoing operations or °your workA done under a contract with that person or organization and included in the pproducts-cornpleted operations hazard". This waiver applies anly ta a person or organization for whom you are required by wcitten contract, agreernent or permit to waive these rights of recavery. AGGREGATE LIMITS OF INSURANCE — PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by °occurrences" under COVERAGE A{Section I), and far all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single °location°: Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion III) apply separately to each of your °IocationsA owned by or rented to you. °Location'" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to S10,000. KNOWLEDGE OF OCCURRENCE The foliowing is added to Paragraph 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit of COMMERC{AL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence ", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, senrant or employee. UNINTENTIONAL FAIIURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILiTY CONDI- TIONS (Section IV); If you unintentionally fait to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation ar non-renewal. IIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABlLITY CONDITIONS (Section iV): 10. !f a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 ���Business Licensing: Renew yr°`� business license L1Mt"CED LIABILIT`'���'OMPANY Page l of2 RLrt£+ht YOU� (�rint ��rr�c�ra�i�t� �r LL�C _---- - --- - 3`'s �� y! ��� ��� �3��tETTE ASSOCIATES, LLC �' �, � 3.��'c•,a ;f UBx: 602 213 436 �'��'��'' �i �� � � � Thank you for renewi�g oniine Your annual report has been completed and submitted. Please print this receipt for your records and allow 14 days to receive your license document in the mail. Completed date and time: )un 17 2013 4:46PM Pacific Time Transaction number: 2013 168 5612 Payment Type: E-Check Your company Company name: ~� GRETTE ASSQCIATES, LLC Unified business ID: 602 213 436 State of formation: Washington Date offormation: 06/17/2002 �xpiration date:_._—_________�_� Q6/30/2014 ---_._____._.__..__..� Business intormation Principal place of business: Company telephone number: Company emaif address: My tompany is managed by: Does your company own land, buiidings or other real property in Washington? 151 Worthen Street Ste I01 Wenatchee, Washington 98801 United States (509) 653 6300 None provided Members No Yourfees Domestic limited Liability � $60.00 Company: , Renewal application fee: $9.00 Total fees: $69.00 Previous payment: $0.00 Total amount charged: $69.00 Nature of business ----�----_ __._ __.__._.�.______________..._____.____._.__._______.___..�......�.�._._.._.._.�..._.......___.._..... ____..__....____._.�,_._... 7ype: � Professfonal, Scientific, and Technica! Services Governtng peopte GLENN BURKE GRETTE MA7THEW EUGENE BOYLF Member Member 2170 SLEEPY HOLLOW HTS WENATCHEE, Washington 968019609 United States 17317 107TH AVE SW VASFION, Washington 980704633 United States �� _�� ` Agent type on fife: � Individual https:Ufortress. wa.go��/dor/bls/CRNL/CompletedA nn ua l Report.aspx 6/ 17/2013