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AG 13-153 II RETURN TO: Kari Cimmer EXT: 2629 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV:CD/PLANNING • ORIGINATING STAFF PERSON: DOC/KARI EXT: 2629 3. DATE REQ. BY: 1/25/19 • TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG O REAL ESTATE DOCUMENT O SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE 0 RESOLUTION m CONTRACT AMENDMENT(AG#): 13-153 ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: 3RD PARTY WETLAND&STREAM REVIEW AND EVALUATION • NAME OF CONTRACTOR:PERTEET INC. ADDRESS:2707 COLBY AVENUE,SUITE 900 TELEPHONE: 425-252-7700 E-MAIL: FAX: SIGNATURE NAME:CRYSTAL DONNER TITLE:PRESIDENT • EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES 0 COMPENSATION E1 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 10 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE:JULY 1,2017 COMPLETION DATE:JUNE 30.2019 • TOTAL COMPENSATION$39.999+$40,001=$80,000 WITH THIS AMENDMENT (INCLUDE EXPENSES AND SALES TAX,IF ANY)(IF :ALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES 0 NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT(SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 001-5200-073-558-60-411 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED XI PROJECT MANAGER / ( -Q•ZO DIRECTOR (( ti J��•) ❑ RISK MANAGEMENT (IF APPLICABLE) N/A y&LAW 'FR aY J. 2 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING )(SENT TO VENDOR/CONTRACTOR DATE SENT: 1�►o f J y DATE REC'D: (/l DI)q 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 11 J, 20 1 c1 SIGNATORY(MAYOR OR DIRECTOR) I/ t/ CITY CLERK El ASSIGNED AG# AG# I -k6•2 C. ❑ SIGNED COPY RETURNED DATE SENT: I-11" :OMMENTS: CITY OF CITY HALL Aihth 0-444% Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway corn AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY WETLAND/STREAM REVIEW AND EVALUATION This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Perteet Inc., a Consulting Firm ("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 partywetland/stream review and evaluation ("Agreement")eement") dated effective August 1, 2013, as amended by Amendment Nos. 1 and 2, 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 as delineated in Exhibit B-3, attached hereto and incorporated by this reference. 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. [Signature page follows] Perteet PSA Amendment No.3 - 1 - January 2019(3/2017) CITY OF CITY HALL ra33325 8th Avenue South , Federal Way,WA 36003-6325 (253)835-7000 wwwatyoffel eta iti vcont IN WITNESS, the Parties execute this Agreement below,effective the last date written below, CITY OF FEDERAL WAY: ATTEST: By; <i_,,- ,. Ji , el ,Mayor erez.Ziphanie Co 4 1 ey,CMC DATE: .../....1// 7 APPROVED AS TO FORM: Ll":"-e __..___...... ......_44-EL— (1_.. Ter_. J.Ryan Call,City Attorney PERTEET,INC.: 1111P/ 'ry al Donner,President DATE: 1 / 2, , { `l STATE OF WASHINGTON ) )ss. COUNTY OF r50,0homi61r) ) On this day personally appeared before me Crystal Donner, to me known to be the President of Perteet Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 to+11 day of._.._._.......-#.a:. r„ 2019. `G pow EA.,,, � " s prig ,< 'fat e rantc. ._. t 171C+' ........... No 592�N*titary Public in and for the State of Washington. tow9''-• liR-1C ' Ac mission expires q-1- 2e), ti),), 09.01-2022 '0 OFwpse Perteet PSA Amendment No,3 '2 January 2019(3/2017) 401/4 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 wevw citvoffedem vay conn EXHIBIT "B-3" ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services,the City shall pay the Contractor an additional Forty Thousand One and no/100 Dollars ($40,001.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Eighty Thousand and no/100 Dollars($80,000.00). Perteet PSA Amendment No.3 -3- January 2019(3/2017) Page 1 of 2 Accwc• CERTIFICATE OF LIABILITY INSURANCE DATE 06/08/20 8Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Oregon, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd (A/C.No,Ext): (A/C,No): E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: Charter Oak Fire Insurance Company 25615 INSUREDINSURERB: Travelers Indemnity Company 25658 Perteet, Inc. PO Box 1186 INSURER C: Travelers Property Casualty Company of Ame 25674 2707 Colby Avenue, Suite 900INSURER D: Travelers Casualty and Surety Company of A 31194 Everett, WA 98201 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W6453788 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TORENTED 1,000,000 PREMISES(Ea(Ea occurrence) $ A MED EXP(Any one person) $ 10,000 6805J284500 06/27/2018 06/27/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X TE X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ g OWNED SCHEDULED AUTOS ONLY AUTOS BA5J284770 06/27/2018 06/27/2019 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER X OTH- WA Stop Gap AND EMPLOYERS'LIABILITY STATUTE ER C ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N/A UB6J664997 06/27/2018 06/27/2019 1,000,000 (Mandatory in NH) , E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below -L.DISEASE-POLICY LIMIT $ D Professional Liability 106321064 06/27/201r 06/27/2019 Pel Claim $3,000,000 ,ggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Name: Third Party Wetland/Stream Review and Evaluation. Per Project Aggregate applies when required by written contract. General Aggregate Capped at $8,000,000. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way AUTHORIZED REPRESENTATIVE Attn: E. Tina Piety ,s(// j 33325 — 8th Avenue South Z%I� f"/ Federal Way, WA 98003 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 16285503 BATCH: 742144 AGENCY CUSTOMER ID: LOC#: AMR CI ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Oregon, Inc. Perteet, Inc. PO Box 1186 POLICY NUMBER 2707 Colby Avenue, Suite 900 See Page 1 Everett, WA 98201 CARRIER NAIL CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance to work performed on behalf of the Named Insured. Additional Insureds: City of Federal Way ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are rgistered marks of ACORD SR ID: 166285503 12,2=1. 742144 CERT: W6453788 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or"personal injury"; and the insurance provided to the additional b. if, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL 'Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission 1/10/2019 Corporations and Charities System ..__°ssCpir mt aliand Charities Filing System BUSINESS INFORMATION Business Name: PERTEET, INC. UBI Number: 601 288 065 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 2707 COLBY AVE STE 900, EVERETT, WA, 98201-3565, UNITED STATES Principal Office Mailing Address: PO BOX 1186, EVERETT,WA, 98206-1186, UNITED STATES Expiration Date: 12/31/2019 Jurisdiction: UNITED STATES,WASHINGTON Formation/ Registration Date: 12/03/1990 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC&TECHNICAL SERVICES REGISTERED AGENT INFORMATION https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/2 1/10/2019 Corporations and Charities System Registered Agent Name: CRYSTAL DONNER Street Address: 2707 COLBY AVE STE 900, EVERETT,WA, 98201-3565, UNITED STATES Mailing Address: PO BOX 1186, EVERETT,WA, 98206-1186, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DENICE MOAN GOVERNOR INDIVIDUAL JANICE KRAMER GOVERNOR INDIVIDUAL LOREN SAND GOVERNOR INDIVIDUAL MARK LEWINSKI GOVERNOR INDIVIDUAL PETER DE BOLDT GOVERNOR INDIVIDUAL CRYSTAL DONNER *- GOVERNOR INDIVIDUAL DAN HANSEN GOVERNOR INDIVIDUAL RAHMI KUTSAL GOVERNOR INDIVIDUAL JAMES DUNCAN GOVERNOR INDIVIDUAL JESSE THOMSEN Back Filing History Name History Print Return to Business Search https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 2/2 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: CD/PLANNING ORIGINATING STAFF PERSON: Doc / TINA • TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): 13 -153 ❑ OTHER EXT: 2601 3. DATE REQ. BY: 7/28/17 .G, RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: 3RD PARTY WETLAND STREAM REVIEW & EVALUATION NAME OF CONTRACTOR: _PRETEST INC. ADDRESS: _ 2707 COLBYAVE, STE 900�EVERETF WA TELEPHONE 425- 252 -7700 E -MAIL: FAX: SIGNATURE NAME: CRYSTAL DONNER TITLE PRESIDENT . EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION DI INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES an PRIOR CONTRACT /AMENDMENTS • TERM: COMMENCEMENT DATE: JULY 1, 2017 COMPLETION DATE: JUNE 30, 2019 • TOTAL COMPENSATION $ 39,999 — ( ell- AGE (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 001 -5200- 073 - 558 -60 -411 0. DOCUMENT /CONTRACT REVIEW INITIAL / P ATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW z3 )011 2017. 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ 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 frSTONATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ',OMMENTS: DATE SENT: at 13 17- CITY OF '� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crlyoifederalwoy com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY WETLAND /STREAM REVIEW AND EVALUATION This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation (`City "), and Perteet Inc., a Consulting Firm ( "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 amended by Amendment No. 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than June 30, 2019 ( "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 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. 2 -- Perteet - 1 - July 2017 (3/2017) CITY OF :"%■`. Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www ciyoffederahvay corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Fe ell, Mayor DATE: V1 -V/ PERTEET, INC.: Bv: tal Donner, President DATE: 0X / 0 7 11 STATE OF WASHINGTON ) COUNTY OF ,t5nohornitsh ) ss. ATTEST: lerk, Stephanie Courtn MC APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Crystal Donner, to me known to be the President of Perteet Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 Cates+- , 2017. Notary's signature Notary's printed name cJ�r+ica._ K rarrtd.lr Notary Public in and for the State of Washington. My commission expires q 1- le PSA Amendment No. 2 -- Perteet - 2 - July 2017 (3/2017) PERTEET Schedule of 2017 Billing Rates Engineering, Planning and Environmental Classifications Principal Senior Associate 2017 Hourly Rate 225.00 195.00 Senior Engineer/Manager Lead Engineer/Manager Specifications Writer Engineer III Engineer II Engineer I 180.00 160.00 160.00 130.00 110.00 95.00 Senior Planner/Manager Lead Planner/Manager Program Support Specialist III Program Support Specialist II Program Support Specialist I Planner III Planner II Planner I 160.00 140.00 115.00 105.00 80.00 115.00 105.00 80.00 Senior Ecologist/Manager Lead Ecologist/Manager Ecologist III Ecologist II Ecologist I 160.00 140.00 115.00 100.00 80.00 Lead Technician /Designer Technician III Technician II Technician I 110.00 95.00 80.00 70.00 Contract Administrator Accountant Graphics Specialist Clerical 95.00 90.00 90.00 75.00 Emergency Response Rate (immediate response following event) Expert Witness Rates: Consulting & Preparation Time Court Proceedings & Depositions (4 hour minimum) @ 1.5 times hourly rates @ standard hourly rates @ 1.5 times hourly rates PERTEET Schedule of 2017 Billing Rates Page 2 Direct Expenses Rate Living & travel expenses outside of service area Cost plus 10 percent Authorized Subconsultants Cost plus 10 percent Outside Services (printing, traffic counts, etc.) Cost plus 10 percent CADD Station $10.00 per hour Project Controls / Primavera $10.00 per hour GIS / Traffic Modeling $15.00 per hour Color Copies $.80 each Mileage @ current federal rate Survey Classifications Principal Surveyor Survey Manager Professional Land Surveyor II Professional Land Surveyor I 2017 Hourly Rate 185.00 145.00 125.00 115.00 Office Technician 100.00 Field Technician III Field Technician II Field Technician I 95.00 85.00 65.00 One Person Survey Crew Two Person Survey Crew Three Person Survey Crew 95.00 175.00 235.00 Direct Survey Expenses Dual Frequency GPS Receiver Robotic Total Station Data Collection System Digital Level Laser Scanner Survey monuments & cases Rate $150.00 per unit per day $100.00 per day $50.00 per day $65.00 per hour Cost plus 10 percent PERTEET Schedule of 2017 Billing Rates Page 3 Construction Classifications Construction Engineering Supervisor Construction Engineering Manager Construction Manager Assistant Construction Manager 2017 Hourly Rate 175.00 165.00 120.00 120.00 Construction Engineer III Construction Engineer II Construction Engineer I 125.00 110.00 85.00 Senior Construction Observer Construction Observer II Construction Observer I 120.00 80.00 70.00 Senior Construction Technician Construction Technician III Construction Technician II Construction Technician I 105.00 100.00 90.00 75.00 Perteet's Hourly Rates are subject to change each calendar year. Jim Harris From: Crystal Donner <crystal.donner @perteet.com> Sent: Tuesday, August 15, 2017 10:22 AM To: Jim Harris Cc: Janice Kramer; Jason Walker; Robert Hansen Subject: FW: Federal Way Perteet Contract Attachments: Perteet PSA Amendment 2.docx Jim, Please revise Page 1 of Amendment No 2 to inciude current rates as attached herein. Please let me know if I can be of further assistance or service. Best Regards, Crystal Crystal 1. Donner, PE President /CEO Perteet Inc. 2707 COLBY AVENUE, SUITE 900 I EVERETT, WA 98201 425.252.7700 ! DIR 425.322.0258 1 CELL 425.308.1451 crystal.donner @perteet.com PERTEET.COM Better communities, by design 1 Page 1 of 2 1 ® /� Ro CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 06/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Oregon, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT NAME: PHONE INC. No. Exit 1- 877 - 945 7378 (A/C, No): 1- 888- 467 -2378 E -MAIL certificates @willis.com ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: Travelers Indemnity Company of CT 25682 INSURED Perteet, Inc. PO Box 1186 2707 Colby Avenue, Suite 900 Everett, WA 98201 INSURER B: Phoenix Insurance Company 25623 INSURERC: Travelers Indemnity Company 25658 INSURER D: Travelers Casualty and Surety company of America 31194 INSURER E : $ INSURER F : COVERAGES CERTIFICATE NUMBER: W2787748 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR SWVD POLICY NUMBER POLICY EFF (MM /DDIYYYY) POLICY EXP (MM DD/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY Y N 6805J284500 06/27/2017 06/27/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS- COMP /OPAGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY N N BA5J284770 06/27/2017 06/27/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAR EXCESSLIAB — OCCUR CLAIMS -MADE N N CUP5J284930 06/27/2017 06/27/2018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D Professional Liability N N 106321064 06/27/2017 06/27/2018 Per Claim Aggregate 3,000,000.00 5,000,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: Third Party Wetland /Stream Review and Evaluation The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured LLATION City of Federal Way Attn: Isaac Conlen 33325 8th Ave. S. Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Z7� .4 ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 14760527 BATCH: 363735 ACORO® AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis of Oregon, Inc. NAMED INSURED Perteet, Inc. PO Box 1186 2707 Colby Avenue, Suite Everett, WA 98201 900 POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Insureds: City of Federal Way ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 14760527 HATCH: 363735 CERT W2787748 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS COVERAGE XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force — Bodily Injury Or Property Damage D. Non -Owned Watercraft — Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Damage To Premises Rented To You G. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments — Increased Limit I. Increased Supplementary Payments J. Additional Insured — Owner, Manager Or Lessor Of Premises PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II — WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such additional organization will cease as of the date during the policy period that you no longer maintain ownership of, or majority interest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "occurrence" in the DEFINITIONS Section: CGD3790116 K. Additional Insured — Lessor Of Leased Equipment L. Additional Insured — State Or Political Subdivisions — Permits Relating To Premises M. Additional Insured — State Or Political Subdivisions — Permits Relating To Operations N. Who Is An Insured — Newly Acquired Or Formed Organizations O. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Written Contract R. Amended Insured Contract Definition — Railroad Easement Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY does not apply to any "bodily injury" arising out of any providing or failing to provide first aid or "Good Samaritan services" by any of your "employees ", other than an employed doctor. Any such "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to any one person will be considered one "occurrence ". 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. C. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the Page 2 of 6 insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON -OWNED WATERCRAFT — INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 2. The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 3. The following is added to Paragraph 4.b.. Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for "bodily injury" that arises out of the use of a watercraft that you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: This exclusion does not apply to an aircraft that is: (a) Chartered with crew to any insured; © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 01 16 (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for use of an aircraft that is: (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. F. DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Paragraph 6. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6. of SECTION I11 — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown on the Declarations of this Coverage Part for Damage To Premises Rented To You Limit. 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINITIONS Section: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, explosion, or lightning; or (5) Water, is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; CG D3 79 01 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF ANOTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: This exclusion does not apply to "personal injury" caused by malicious prosecution. H. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. 1. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES: b. Up to $2,500 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. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. J. ADDITIONAL INSURED — OWNER, MANAGER OR LESSOR OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Part is an Page 4 of 6 insured, but only with respect to liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" that: a. Is "bodily injury' or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you have signed that contract; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you under that written contract. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. K. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 01 16 committed, after you have signed that written contract; and b. Is caused, in whole or in part, by acts or omissions of you or any person or organization performing operations on your behalf, in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations of this Coverage Part, whichever are less; and b. The insurance provided to such equipment lessor does not apply: (1) To any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury caused by an offense that is committed, after the equipment lease expires; or (2) If the equipment is leased with an operator. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS — PERMITS RELATING T 0 PREMISES The following is added to Paragraph 2. of SECTION 11 — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or occupied by, or rented or loaned to, you, is an insured, but only with respect to "bodily injury, "property damage ", "personal injury" or "advertising injury arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. COMMERCIAL GENERAL LIABILITY M. ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit with respect to operations performed by you or on your behalf is an insured, but only with respect to "bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of operations performed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdivision is an insured for: (1) "Bodily injury", "property damage ", "personal injury" or "advertising injury arising out of operations performed for that state or political subdivision; or (2) "Bodily injury" or "property damage" included within the "products — completed operations hazard ". N. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SECTION 1I — WHO IS AN INSURED: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organizations, if you report such organization in writing to us within 180 days after you acquire or form it. O. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim Or Suit, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11— Who Is An Insured: CG D3 79 01 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY (1) Notice to us of such "occurrence" or of an offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust), or any "employee" (such as an insurance, Toss control or risk manager or administrator) authorized by you to give notice of an "occurrence" or offense. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation, accident, or Page 6 of 6 health insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under the Coverage Part may apply. P. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY WRITTEN CONTRACT The following is added to Paragraph 8., Transfer of Rights of Recovery Against Others to Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a written contract with that person or organization; your work "; or your products ". We waive this right where you have agreed to do so as part of a written contract signed by you prior to loss. R. AMENDED INSURED CONTRACT DEFINITION — RAILROAD EASEMENT 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Q. © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 01 16 I I RETURN TO: a-- � EXT: 2'3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: G-•D / pc_A�/.I 1�.c.6 2. ORIGINATING STAFF PERSON: (—D7 EXT: ZCH) 3. DATE REQ.BY: A-Sf..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 ❑ RESOLUTION Ert-ONTRACT AMENDMENT(AG#): Vil% ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: s'33-1 r L-e t-(-c r ' C_. 'E- re. .. /0,4 6. NAME OF CONTRACTOR: P e2 T-E-. - , L ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O'PRIOR CONTRAC'�� MENDMENT� 8. TERM: COMMENCEMENT DATE: `-////$ COMPLETION DATE: (o/3 V / -7" 9. TOTAL COMPENSATION$ 3 ( ( ( q? (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑ CITY , ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER - L G /6. /5 ❑ DIRECTOR J `j, ❑ RISK MANAGEMENT (IF APPLICABLE) IJ ❑ LAW 642 r 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 A AL/DA E SI NED 19,6W DEPARTMENT unAMMANE ❑ CHIEF OF STAFF 0/SIGNATORY(MAYOR OR DIRECTOR) Cf I Y CLERK ill / �,i, Glt SSIGNED AG# A. 1) �" • SIGNED COPY RETURNED DATE SENT: ' I COMMENTS: ! 11/9 146, CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 Perteet Inc., a Consulting Firm ("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 --Perteet - 1 - June 2015(1/2015) CITY OF CITY HALL 33325 8t er h Avenue South 8t Fe d e ra I Way Fed Federal Way,WA 98003-6325 (253) 835-7000 www.cityoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: A i l J err 1, Mayor (61 Jerk, Stephanie Co ; ey, CMC DATE: ....VP/A APPROVED AS TO FORM: Ai/tiff 0 r � Pearsall City Attorney, Amy Jo earsa PERTEET, INC By: tectisidOZ__ 3 Antel S 1-1 ansen% ice-Tres tca.n}— DATE: 3-019 dot 2(3,t5 STATE OF WASHINGTON ) ) ss. COUNTY OF J`nohomish mntml T. Hansen ` On this day personally appeared before me Cryetal Donncr, to me known to be the President of Perteet Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 Intl, day of 7511 , 2015. Notary's signature 04,2,_, t - 414.- C. •;�' printed name c scut"- K rind' 'p Notary Public in and for the State of Washington. a NOTARY ..- My commission expires 9 - -is' PUBLIC 434, 08.01-2018 Op wp,50 PSA Amendment No. 1 --Perteet -2- June 2015(1/2015) ` � RETURN TO: ��,_5�� EXT: �� 3 i CITY OF FEDERAL WAY LAW DEP�RTMENT ROUTING FORM I. ORIGINATING DEPT./DIV: ��-'(��-�C�t��4 !� 2. ORIGINATING STAFF PERSON: --I---S tL- b-G_ EXT: Z�o �-( 3 3. DATE REQ. BY: I_� 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., 1ZFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLiC WORKS CONTRACT _ r�RnFFec�p�,,.��CEAGREEMENT - ❑ MAINTENANC�AGREEIvIENT `-"''CTGO�II�AN'DSEKVI�EAGREEMENT ❑ HLTMANSERVICES/CDBG'_ n RFA�.F.RTATF.1�nCiTMF.NT _____ n SF.('iTRTTYQQ�UMENT(E�.BOxnxELnrEnDOCUn�xrs�_—____________ ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#}: ❑ INTERLQCAL ❑ OTH ER __ 5. PROJECT NAME: 6. NAME OF CONTF ADDRESS: E-MAIL: SIGNATURE NAME: 1 �L�YriV1V� FAX: TITLE 7. EXHIBITS AND ATTACFIMENTS: l9-S�oPE, WORK OR SERVICES �OMPENSATION L�'LI�SURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS O PROOF OF AUTHORITYTO SIGN ❑ REQUIRED L[CENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENTDATE: ViQ •�-i Stgtl�TVn&� COMPLETIONDATE: � � 9. TOTAL COMPENSAT'ION $ � l� t\ i (INCLUDE EXPENSES AND SALES TAX,1F ANY) (I F CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLEEXPENSE:�vES ❑NO IFYES,MAXIMUMDOLLARAMOI)NT: $ �l�f� IS SALES TAX OWED �S ❑ NO IF YES, $ _ PAID BY: �CON'TRACTOR � CITY 0 PURCHAStNG: PLEASE CHARGE TO: �I" ZDD' OZQT' �j'�JS � LDD- �I I 10. DOCUMENT/CONTRACT REVfEW INITIAL/DATEREVIEWED INITIAL/DATEAPPROVED ❑ PROJ ECT MANAGER ❑ DIRECTOR � � RISK MANAGEMENT (�APr��ic��[�t.r:) � LAW ll. COt�NCIC,APPROVAL(IFaPPt.�cAt�i.F=) COMMITTEEAPPROVALDnT(" _ COUNCILAPPROV:1t.D;1T�: 12. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/C�NTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATUREAUTHORITY, tNSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECPOR) �GiTY CLERK d ASSIGNED AG# F�SIGNED COPY RETURNED . COM M ENTS: IN /DATESIGNED ' —_ -- a�# 13-t5��---- DATE SENT: 9� I� I� _ r�. wctc� P S Ac 11/9 ,. ` CITY OF CITY HALL ,'�., Federa I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www aryofiederalway. can PROFESSIONAL SERVICES AGREEMENT 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 Perteet, Inc., a civil engineering, surveying, and planning professional services organization ("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: PERTEET, INC: CITY OF FEDERAL WAY: Stephanie Hansen, Environmental Project Manager Isaac Conlen, Planning Manager 2707 Colby Avenue, Suite 900 33325 8`� Avenue South Everett, WA 98201 Federal Way, WA 98003-6325 T: 425-252-7700 T: 253-835-2643 (direct line) F: 425-339-6018 F: 253-835-2609 The Parties agree as follows: 1. �. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services, 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. y� � �. The Contractor shall perform the services more 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 regian 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. T�$��,g�. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. Perteet, lnc. Professional Services Agreement - 1- July 2012 � CITY OF �, Federal ' ��_�.�_ �_.;� ._� CITY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 ww►v atyotTederaMrey. com 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exce� a maximum amount and according to a rate or method as �delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Agprogriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. I►.I�. _►�1► _I� . � � ►. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, azising 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 e�tent and on the same terms and conditions as the Contractor pursuant to this paragraph. The Ctty'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, TitIe 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification Peateet, Inc. Professional Services Agreement - 2- July 2012 � CITY OF . �.,., Fe�deral CITY HALL �� 33325 8th Avenue South Federat Way, WA 98003-6325 (253} 835-7000 www. ciryoffederahvey. com 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 �itv Indemnification. The City agrees to release, indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. ��CE. 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 subcantractors 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 Liability. Contractor's maintenance of insurance as required by the a�eement 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 prixnary 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. 63. 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 Exhibit "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. Perteet, (nc. Professional Services Agreement - 3- July 2012 ` CITY OF CITY HALL � Federal Way 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 www. cityoflederahvay. com 6.4 Survival. The provisions of this Section shall survive the expiration or ter�unation of this Agreement. 7. CO�FIDENTIAL.ITY. 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. �OIZK PRODLiCT. 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 sha11 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. �Q,Q�,,,�,��„CQRI?S. 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 govemmental officials authorized by law to monitor this Agreement. 10. ��P�11YIaI, NT�CQ,�j,��„C�TQR= The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 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 sha11 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 taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do sa 11. . It is recognized that the Contractor may or will be performing professional services during the Term for other parties; however, sueh performance of other serviees 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. Perteet, Inc. Professional Services Agreement - 4- July 2012 ` �ITY OF .;� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ovrwv cityofiederahvay. com 12. EQ�j�,�„�,�,QJ�iJ�1I�Y 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. This requirement shall apply, but not be limited to the following: employment, advertising, Iayoff 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 tlie 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. _1� +� '.;.� / �\ 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Comnliance with Laws. The Contractor sha11 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. Perteet, Inc. Professional Services Agreement - S- July 2012 ` CITY OF ;� Federal Way CITY HALL 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 www. c�tyoflederalway. can 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 postad 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 instnunent 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.) Pertect, Inc. Professional Services Agreement - 6- . July 2012 � GITY OF CITY HALL '`..., Federai Way (253 835-7000ue South Federal Way, WA 98003�325 w�wv. ciryotTederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CTTY OF FEDERAL WAY Skip Prie , Mayor DATE: � • 1 ' � I.3 PERTEET, INC. By: C��e�ai �onner��asidarr�' DATE: O? 23 } �j STATE OF WASHINGTON COUNTY OF ��ho�,�,;.�h ) ) ss. ) Cr�.�ol �n�er �e��'►�" On this day personally appeared before me S�t to me known to be the ��e}ect.A4a�age� of Perteet, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ATTEST: � City Clerk, Cazol McNeill , CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson GNEN my hand and official seal this 23rd day of Notary's signature Notary's printed name ' Jan;� Notary Public in and for the State of My commission expires q - ( -11(. Perteet, Inc. Professional Services Agreement - 7- July 2012 CITY OF ,1... Federal CITY HALL �� 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www. cityofAederaM�ay. com EXHIBIT "A" SERVICES 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 WetlandlStream 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"Basic" wetland/stream review service as described in City Bulletin #063, attached as Eachibit C. 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. Perteet, Inc. Professional Services Agreement - 8- July 2012 ` CITY OF �... Federal CITY HALL �� 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253)835-7000 www. at}rofl�derabvay. com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Thirty 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 fee schedule on the following page. 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 $1,050. 4. Reimbursable Expenses: The Contractor may submit a voucher or invoice for reimbursable expenses using Table 1, below. Actual cost without mark-up shall be documented. The actual customary and incidental expenses incurred by the Contractor in performing the Services shall include postage, UPS/ FedEx, incidental copy charges, and other reasonable costs; provided however, that such costs shall be deemed reasonable at the City's sole discretion. Any conflict between the below fee schedule and Table 1 shall be resolved in favor of Table 1. Table 1 Reimbursable Cost Mileage Current IRS Rate Reimbursable Egpenses Actual Cost without Mark-Up Perteet, Inc. Professional S�vices Agrcement - 9- July 2012 CITY OF � Federal Way � _.�' � �� PEItTEET, INC. Scbadxlc ojZ013 B�Qwg Ratts � seai�.Assoc;ste Smia� Engiaoa/Mana�r I.ead Fag�ea/M�a�tr �� En,ginoa II Seaiar Planner/i�ianag,er I.esd PlatmerlManag�er P1� III Planner II Pfsefler I Senioc Ecologis�Maoa�er Lead Ecologist/Maoa$er Ecologi� III F.cologist II Ecologi� I Lead Techuiciao/D�igner Tx�ician III Technician II TocLnici�an I CITY HALL 33325 8th Avenue South • PO Box 9718 Federat Way, WA 98063-9718 (253)835-7000 www. crryoffederahvay. com �13 Ho�tiv Ba� i9o.00 170.00 140.00 120.00 100.00 160.00 140.00 113.00 100.00 80.00 160.00 140.00 iis.00 100.00 80.00 110.00 93.00 80.00 70.00 Contract Admiaistrator 95.00 A�ocotmtant 85.00 Claical 70.00 F�t Witioess Rates: Cons�ing & Prep�sti� Time CaM Proceedmgs & Depositions (4 hour minimum) � srandac+d Lonriy tates � 1.S bimes honrly rates Perteet, Inc. Professional Services Agreement - 10 - July 2012 [ITY OF �.. Federal Way PERTEET, INC. Schedale ojZ013 Bil�rg Rates Page 2 $�,��'r�R�#I�i Living & travel � outside of service area At�ized Subca�sultant.s O�rtside Secvices (printing, traffic co�mts, etc.) CADD St�ian Projed Ca��vLs / Primavera CiLS I Traffic Modeling Col� Copies Miteage � �� S�veY Mana�a Senio� Professional I.and �u�veyor Projed Stinve�ror II Proiect Svcveyor I Survey Technician III Sucvey T�ician II S�uv Techmcian I One Peison Sntvty Grew 'I�vo Person Surv'ey Crew Three P�crsan Sucvey Crew Dual F�que�ey CiPS R�eiver Robotic Total Statio� Data Collectian System Digital I.evel S'urvey monumeuts & cases Perteet, Inc. Professionai Services Agreement � GTY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 wwwatyoflederaM�ycom $il�i� Cost ptos 10 per.e� Cost plas 10 pet� Cast pms 10 pes+cmt 510.00 per honr 510.00 per habr S1S.00 per haor 5.80 each � cvamt fedaal rate w�� a . A f''V� i8s.00 135.00 130.00 100.00 95.00 85.00 75.00 65.00 90.00 165.00 235.00 � S1S0.00 pa� �mik pa day 5100.00 P�T �Y SS0.00 Pa' dai' Cost pfis 10 percent July 2012 GITY OF �.. Federal Way CITY HALL 33325 8th Ave�ue South • PO Box 9718 Federai Way, WA 98063-9718 (253) 835-7000 www. atyof/ederaAvay%can rEx�T, nvc. ,�a�r� ofaol� s�ra�g � �� Caostn�ction Ea�ing St�cvisor Coostraction Engiacesing Manager conse,xwon Ma� Assistant Ca�roctiu� Ma�oa� Constrnchon Enginea III Caos�cuction Eugin�eer II Ca�nstiradion Ea�' I Seniar Conshnctictn Ob,seiver Ca�nstrnctia� Observer II Constinction Obea�ver I Senior C�imction Techmciaa Conshuctioa T� III Cons�rudioa T�ciaa II Construction T� I 2M � Rn_'rhr 1�t� 175.00 165.00 izo.00 lOS.00 120.00 100.00 83.00 110.00 80.00 105.00 95.00 80.00 70.00 PeReet, Inc. Professional Services Agreemettt - 12 . Juty 2012 � CITY OF CITY HALL ,�.'� Federal 1tVay 33325 8th Avenue Sa�th • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoflederahvay. com 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 specific 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: Name: Mailing Address: Folder #: Parcel #: Phone: Email: Fee: $1,050.00 Date Paid: Receipt #: --------------------------------------------------------------------------------------------------------------------------- I authorize the city to proceed with the above request. Signature: Date: Perteet, Inc. Professional Servic� Agreement - 13 - July 20t2 ` CITY OF ,;� Federal CITY HALL �� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. ciryoflederahvay. com EXHIBIT "D" �� ACORL�!,,. C�RTI�ICA'T� O� UABILITI( INSURANCE ,� t�s s ns w W► oF �omu►now a�r �wo co�es ta a�ts uroN cetn�ca� ooes Mar �u►rnrar oR r�►tnr�r �u, Exre� at u�t n� covEw►c,� �o e�r nE nouc� B�OMf. Tt� C6271F1CATE OF NSI�AMCE DOEt NOT CONSTRUiE A CONTRACT BE7�EN ilE ISfl�IG �6 � R�RESENiAT1YE OR PROOIICER. AIO itlE CERT�ICATE MO�DER. II�ORTANT: It IM oa111idib 1�► i� as ADOfilO1W. Nt11RED.16e foliey(iey w�t be andorsed. r illBkOG11710N t� NMYED. f�i}et b tl�e fer�s asd �s dtre Vofi.Y. eafdw ooicies �r nq�s aa wda�sMMwt. A sL�at ou MY aAiRale does �at cp/sr ri� �s M c�rWfeale hold�r is iw afl�cY �i. MIOqKCI �. a�.�.. us� co �e bs 4n-s3ea s�cz.ss�e eo� t�o� s�r..�. s�. � s..ur, vrn 9�te� .,,,a,...00,�a,.oe ..�. �.; Trswlers d 25i�2 w� .�,ae �: TrawlKS 2'Si6� ParMt. Inc. e�e: Carh Inrua� . inc. 1l61i PA. 8oR t'1�6 Ewntt wA 9lpC11'6 �eeo. �ae: � �RiFG11E Ml1�0� ThS R4 TO C6iF�Y 7FNT'Ti� � N918RlItICE LI6T� �AW lMVEBf.SBi� TOIFE �L91111� NI�DMWE POR11E II�ICJIT�. lIOTYYIIFtSqtpq /Ip1l 16EX�IT. 1HiY OR OOI�f910NOi Ai�11 COqiRI1CTOR OTFER ODGABlf YYITN �B.T 70 �iW 7N8 CERTFlG7E WY E 6W�-0 OR W►Y P6tiAM, 4!E �VlCE AFFpi� BY ?!E POUCES OESCfi� f�1 !S �T TO /ILL TFE 7'9i�S. E�CLil810N6 AIO C�OI�tf10114 OF StK71 POIJGP'.w LiRS 9AMM WUI IYWE B�/ ti�l�ED BII PND Ctl1MS. i!/E O/ �i�R �ti � �� A��Y WOBJl9T31l7 lIff3 06t27 ewwoee�waee 1 � ��t�nr •1 � o�,. �� _ , �.�.�R. :t ae�eMUwa�eaiue s aeR�omeu�euirtarwavee v�oaiw+s-oo�wo��oa s raur X °"D' oue s A�� BA9A971B66 12�13 06R7 7 �� OCl9wYlT��y i �� m �� oo►rw�uerp�arri» s 1�lC�wtlCS X � � i i B �� Op:U1 �%�4 %�i3 �fj0'i EACJIOOC7�L'[ [�i tY� ON4YIla � AOYlY�C Om 1lIO/IION i� s A �� iQ %�i3 �T�i �� X runswn+m'uyam r�• �w. weov�ucro�rwtnra�e�� (WA sb'P �PI ei e�ew�oc�err s1 omeewe�eeex�wev± N •�a p�.rr.�rq e4asc�se-asr s1 o�v�ovea�nowses c�aerwae-vouerurr 1 C Pmhs�iond A�N9fi14 11013 06R7!!Ot f2.6M.eM pR cl� Liebilly f?,+OM.� sd ap� ooa�no� or arau� noeanm iver�n �rrs �oae �n. ��rr� ��w. �+.rr. r rw �.. r w�w, I7E: ihM Pa1ty MN��dfS�nw ItaYial► a1d EvaMIMfo11 Thb C�Rca�le is h�wd W �upacls � abor�e rrf�no�d Qty af Fid�al YMry n��o�wm �� i� � wu � ��i Ai1n: l�c Caabn �coo�o� wnx nE ra�xx r�o��oNa. 3�i�i M� Aw. S. �y �� Wp 9e0p3 �rrso� ie�ernrne O�f0i,Z070 AGUIm GURPQN��. N �I�i �ww��s A�C �26�� iM /ICOR� nre! anA IOoO �e �piNrM Iwlcs W/1C01� �� Perteet, Inc. Professional Servic�s Agreement - 14 - July 2012 GITY OF �'�... Federal CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. aryoltederahvay. com COMMERCULL GENERAL LIABMJTY �a �oo�s��rr cwwo�a TME �oi.�cY. �.�►�s� �►o rr c.�►R�t�.�.Y. BLANKET ADDITIONAL INSURED �ARCHIT�CTS, ENt31NEER3 AND SURV�1(ORS) Thb endorsamaM mo�fs� irauratos provided ��s toNo�wkq: COtiMAERCiAI C3ENERAL LIABILITY CfJVERM3E PART A. The toNowi�g is addsd b W110 IS AN INSUIt�I (a.� Ni. �,y � a «�� n�� ,►«, .� �, a �oontract cr apr�rrient requNM►g inauianc�• b in- c�de � an sdd�onal i�ur+ed +o� tl�is coverape Part, but aMy w� rospect b Ii�Nty for "bodly in- 1�rY� 'ProP�Y �" � 'P� �'" csu�sd, in whow ot fn part. bY Your acts or omia- sbns ot tl�e scte or wr�isefo�ns ot � st�tng on �� a. M ihe perMrmance ot Y� �9� oP�' tlona: b. � In oorr�scUon withh prami�s cMnrod by or roM�d b you; ot f� oo�riec�a� wifh 'your wo�lc' and i�x�udsd � the 'Pro�cts-oompleted aW►atio� hszerd'. Su� peraon or c�tbn does not queNy ss an sddifo�i k�ed tor'bo�Y �i�+Y"� 'DroD�Y damage' ar "persa�al �y" for which Mat per. aon ot crgantrstlon has aseunned NabiNty in a axt- h8ct or 8p�sn�eM. 7he inetranCe pnDVided 1� such addi�ot�ei k�aured a Nrtdted ae 1oNo�wx d •. f. TNs ineun�noe doss not appy on arry baeis to em Persa� or a�on for wf�iCh ooNer- a�e � an addiUonN k�aured �y ts added Dy another �doroement to tl�k Cwer- a�s PsR. Thb M�su� does not appy b Me rendst� ir� o( or faiune b�r any 'p►dessionM service�'. The limke ot ir�euranae aflbr�ded !o the addi- tior�al insured shaN bs the limke wf�k� you 8Qf99d �fl 111� �COfl1fSC� Cf 8�fll�il 18QU�1"- irp inwrar�s' b provids f� Ihat additlonel Ir�eurod. a the IknniM ahown � Ihs Dsclars- tians icr tl�ia Coversge Part, whichever aro tess. l'I�is endorasmer�t does not �s tl►s rrn� ot �e ata�ea �, a�e �iMrra oF s. � MIIttIRANCE (�i1on INj !ot �is Co�roap� P'aA. ,�+�a��n�.�r.. Otl�K Insurana h COMIA�tC1AL �ENERAL u�s�.rnr c�a+omoMS ts.aao� nr�: �� Y� sP�A► �P'N � s'oontrsd or sgreeme�t recl�Np �' ihat 1he ineursncs providad 10 an sddwonal ine�xsd under il�s Cw- erays Part muat apply an a P�knstY bsei�, or a p�ln�ery and �tribuloty b�ais. Mb � is p�ir�ary b otiis► Irauranos that is avsNal�N b such eddidot�sl Inwrod wl�ich covsn wCh add� MonM Nuu�sd se s natnsd in�und. and wr vM1 not slmro wilh the otlwr Nauranos. pt�orided 1frC (1) Ths "bod�y k�u�t' or 'ProPe�N d�n�' ta which oor�ereps is aotqht occurs; arld t�I �"ve�nai NNury` tor which oanraps is sou�►t arisss out ot an o(fi�w conan�ed: aRer you haw antered hNo �te� "oonKsd ar apree�r�eM re�p inaurence". eut IMa hrnir- � s1� b e�ees over vsfd and ooN�crobN o� insuraioe. � p�Y, e000ess� oontlrpsM or a� any o� bNis. �at is svdabls a tM N�aued whsn the inwred is an additlonel ineued under tmy olhet ineuranca. The /oNa�wi�g it addsd b Parpraph �. TnnN� Of Rl�hls Of R�oowry Apalnst Otl�s To Us in COMMERCU►L n�ItRAL Ll11�i1.ITY CON- �rrloMS {s�etlon 11�: We wdve any �i�hb d reoovNy ws m�y havs again� �r P�rsaa� or o�on bst�uss d payments ws make for "bodNY ��Y'. "ProP�Y damape" or 'psrso�al hjury' a�p out oi 'your �' P��d tiY Y'�� or on yow beff�H. undx 8 �� Q � •varw��y �� !I►et pee�on or or�panizatlon. We wdve �s rights only whe� yau hsvs aDraed to do ao as part of the 'con�rsct a ep�n�t requi�kip insur- srroe' w�h sud� person or mganaatlon en�ered iMo by you befons. md in eneu wNs", tns -bodNy Ct3 D0 M 6i 07 o zoor nn srw.ws cano.n�.s, w,c. hidudn Ihs oopy�iph4d mMMi� d haunnw S�MoN Of1os. lac.. wM1 Nt O�Mon Pap� 1 d 2 Perteet, Ina Professional Services Agreement - I S- July 2012 CITY OF , �.. Federal Way COMMERCU1t, C3ENERN. L1�181UTY Mj�a�/' or "proMrry dsm�" axurs, or 1fw "per- ao�l h�u�' dl�� Y �Sd. 0. Ths foNo�wN�� deliN�on is sddsd b DEfiNRiONs I� � *Contrsd or agreernsnt requ�ing p�aurancs" means Mtat pert d eny Contrsd or agreernont un- der vWri�t you �e tequind �o � s psraon or orgsr�llo� � an a�liotml b�aured cn tltia Ca�r- CITY HALL 33325 8th Avenue South - PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www. utyof(edera!►vay. com . .,.. . . ere9e Part, pronr�ded �a! th� 'bodilY �uN� and 'Propsrty danw��' ocars, and M"p�rionM ir ju� ia ceueed by an aAe� conrnlae� a. ARer you t�enrs .nbred iMo thN aonaact or �� b. W hNs thst pert d tlN contrad or s�mnt is in aflec� and o. se�on. ihs ena a�. polk�► pedoa. Perteet, Inc. Professional Services Agreement - 16 - July 2012 �' Corporations: Registration Detail Corporations Division - Registration Data Search PERTEET, INC. F'urchase E:)c�cuments �'or tt�i, C:;<>rporation» UBI Number 601288065 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 12/03/1990 Expiration Date 12/31l2013 Inactive Date Duration Perpetual Registered Agent Information Agent Name CRYSTAI. DONNER Address 2707 COLBY AVE STE 900 City EVERETT State WA ZIP 982013565 Special Address Information Address PO BOX i 186 City EVERETT State WA Zip 982061186 Governing Persons Title ' President,Director Vice President Seeretary Treasurer Chairman Director Name WEED,KEVIN DONNER,CRYSTAL KRAMER , JANICE MALOTT , DWIGHT YEOMAN , MICHAEL ELIAS , PAUL http:!/www. sos.wa.gov/corps/search_detail. aspx?ubi=601288065 Address SNOHOMISH , WA EVERETT , WA MARYSVILLE , WA STANWOOD , WA BURLINGTON , WA Page 1 of 2 7/26/2013 �`Corporations: Registration Detail Page 2 of 2 Purchasc I)ocuments for this Cor oratic�u » http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601288065 7/26/2013