The URL can be used to link to this page

AG 13-155RETURN 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.G., ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): 13 -155 ❑ OTHER EXT: 2601 3. DATE REQ. BY: 7/28/17 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 GEOTECHNICAL ENGINEERING REVIEW & EVALUATION NAME OF CONTRACTOR: LANDAU ASSOCIATES ADDRESS: 950 PACIFIC AVE, STE 515, TACOMA, WA E -MAIL: SIGNATURE NAME: ED HEAVEY ¶.2t-.2q 3 TELEPHONE 253-2844875 FAX: TITLE PRINCIPAL EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION © INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ® PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: JULY 1, 2017 COMPLETION DATE: JUNE 30, 2019 TOTAL COMPENSATION $ 39,999 (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 ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED LVVi,'i 7 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 4GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED AG# DATE SENT: ;OMMENTS: C f; A /6 /✓ 71_4„/ st kh-xe: Elf c @ILSc t c CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY GEOTECHNICAL ENGINEERING REVIEW AND EVALUATION This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Landau Associates, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for third party geotechnical engineering review and evaluation ( "Agreement ") dated effective August 2, 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 rate shall be amended, 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 — Landau, Geotechnical - 1 - July 2017 (3/2017) CITY OF 4._. Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway coM IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: ATTEST: /Auk cluilititt Ji ell, Mayor C Cl rk, Stephanie Courtney, DATE: /0 5./..? LANDAU ASSOCIATES, INC.: By: DATE: ifer Wynkoop, Princ4al (0 /a- /{ 7 STATE OF WASHINGTON ) ) ss. COUNTY OF }.%l'(C-e. ) APPROVED AS TO FORM: %% 7 lJ. Ryan Call, City Attorney On this day personally appeared before me Jennifer Wynkoop, to me known to be the Principal of Landau Associates, 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. GIVEN my hand and official seal this and( day of OC1Ok r , 2017. RC, P O •• �` •�4A1S'ION .o�.�/ �=� ` OT VI* *VIII; <: 1, PUBLIC o %,'� °; - 1 1 (It ,O `WAS∎60 G Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires PSA Amendment No. 2 — Landau, Geotechnical - 2 - July 2017 (3/2017) EXHIBIT B -2 COMPENSATION SCHEDULE - 2017 IALANDAU ASSOCIATES Personnel Labor Hourly Rate Senior Principal 250 Principal 230 Senior Associate 210 Associate 190 Senior 170 Senior Project 155 Project 140 GIS Analyst 140 Senior Staff / CAD Designer 125 Staff / Senior Technician 11 113 Data Specialist 113 CAD / GIS Technician 110 Project Coordinator 102 Assistant / Senior Technician! 95 Technician 78 Support Staff 67 Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates A rate schedu,e will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized rout ne services will normally be charged at a rate of cost plus a twelve percent (12 %) handling charge. A higher handling charge for technical subconsultants and for Kgr; -risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1%a percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term 4: iniess 4thewvise•agr-eed,4.,andatt Assec-ia ?? e-ad}ustmer+ rates-ever -£»ne je reer+Atiki projects). /1/, -// y T Te'noJatesAContrafts \COTpn,atbn Schedule 2017A Landau Associates ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Servco Pacific Insurance 800 Fifth Ave. Suite 2400 Seattle WA 98104 INSURED Landau Associates, Inc. 130 2nd Avenue South Edmonds WA 98020 LANDASS-02 NAME: Certificate Department (A/C, PHONE . Ext):206-216-4830 FAX No):206- 260 -2903 E-MAIL INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Lloyd's of London INSURER B :Continental Casualty Company INSURER C :Philadelphia Indemnity Insurance Co INSURER D :Continental Insurance Company INSURER E :National Fire Insurance Company of INSURER F :Alaska National Insurance Company 15792 20443 18058 35289 20478 38733 CERTIFICATE NUMBER: 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-SUBR INSR WVD POLICY NUMBER POLICY EFF (MM /DDIYYYY) POLICY EXP (MM /DD/YYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y C6045400327 12/31/2016 12/31/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $15,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 PRODUCTS - COMP /OP AGG 52,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES PER: LOC $ C AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED NON -OWNED AUTOS Y Y PHPK1589504 12/31/2016 12/31/2017 DUMbINtU SINGLE LIMI I (Ea accident) $1 000,000 � BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ D X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE Y Y C6045400344 12/31/2016 12/31/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED RETENTION $ E F WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A C6045400330 16L WU 09131 12/31/2016 12/31/2016 12/31/2017 12/31/2017 X WC STATU- TORY LIMITS X OTH- ER USL &H E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Liability Inc. Pollution Liability Y W13431160501 12/31/2016 12/31/2017 Per Claim $5,000,000 Aggregate $5,000,000 Deductible $150,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) IF CERTIFICATE IS NO LONGER REQUIRED, PLEASE NOTIFY SERVCO PACIFIC INSURANCE DIRECTLY. Re: LAI client #0238, On -Call Environmental Services. City of Federal Way is included as an additional insured on General Liability, Automobile Liability and Umbrella Liability policies. General Liability and Umbrella Liability policies are primary and non - contributory. Waviers of subrogation apply to General Liability,. Automobile Liability, Umbrella Liability and Professional Liability policies. CERTIFICATE HOLDER CANCELLATION City of Federal Way Attn: Tony Doucette, P.E. 33325 8th Avenue South 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 ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PHPK1589504 PI -CA -001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Who is An Insured Board Members Newly Acquired Entities Designated Insured Lessor of Leased Autos Included Included Included Included 2 Cost of Bail Bonds $5,000 2 Reasonable Expenses — Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage — Loss of Use $100 per dayl $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the vehicle whichever is less 4 Personal Effects $500 4 Rental Reimbursement $100 per day/ 30 days 4 Accidental Discharge —Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Replacement Included 5 Auto Loan / Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Occurrence Amended 6 Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended (as required by written contract) 7 Unintentional Errors or Omissions Amended 7 Mental Anguish — Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number' PHPK1589504 I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured PI -CA -001 (09/15) SECTION 11 — LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds ": 1. Board Members — Board members (or their spouses) while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities — Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured — Any person or organization designated by the "insured" is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos — The lessor of a `leased auto" is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. Any `leased auto" in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. The coverages provided under this endorsement apply to any "leased auto" in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION 11 — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: Page 2 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: PHPK1589504 PI -CA -001 (09/15) III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of "accident," claim, "suit" or "loss," you must give us, or our authorized representative, prompt notice of the "accident" or "loss." Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract." C. Unintentional Errors or Omissions SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. IV. DEFINITIONS A. Mental Anguish SECTION V — DEFINITIONS, C. "Bodily injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7 of 7 © 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non - Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury — Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures /Partnership /Limited Liability Companies 15. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury —Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1 -15) Page 1 of 17 Policy No: C604500327 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through L below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through 1. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named 'Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co -owner of Insured Premises A co -owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co- owner's liability for bodily injury, property damage or personal and advertising injury as co -owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations: But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1 -15) Page 2of17 Policy No: C604500327 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, inc. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNAArchitects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through L below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through 1. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named 'Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co -owner of Insured Premises A co -owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co- owner's liability for bodily injury, property damage or personal and advertising injury as co -owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations: But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1 -15) Page 2of17 Policy No: C604500327 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, inc. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office. Inc., with its permission. CNA Architects, Engineers and Surveyors Genera[ Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the Occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or e. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1 -15) Page 3 of 17 Policy No: 0604500327 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission, CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products- completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products - completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON - CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insureds own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE Wien an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. CNA74858XX (1 -15) Page 4 of 17 Policy No: C604500327 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Ina, with its permission, CNA Architects, Engineers and Surveyors General Liability Extension Endorsement limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products - completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP -UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap - up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above - referenced endorsement: With respect to a consolidated (wrap -up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products- completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): CNA74858XX (1 -15) Page 16 of 17 Policy No: C604500327 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc., with its permission. 14 LANDAU ASSOCIATES October 2, 2017 City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 Attn: City of Federal Way Contracts Administration Re: Contractual Authorization To Whom It May Concern: This letter confirms that Jennifer Wynkoop, as a Principal in our firm, is authorized to sign contracts up to $250,000 in value on behalf of the company. Please feel free to contact me, or Dennis Hobbs, our Finance Director, with any questions. LANDAU ASSOCIATES, INC. Jay P Bower, PE Chief Executive Officer jpb [DOCUMENT1] 130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778 -0907 • www.landauinc.com CHAPTER 3 CONTRACTS TABLE 3 -1. CONTRACTUAL AUTH RITY Billing Title / Administrative Function Contract Amount Landau Associates Standard Contract (b (a) Other Contracts (c) Associate $ 50,000 $ 50,000 Senior Associate $ 125,000 $ 125,000 Principal $ 250,000 $ 250,000 Chief Operating Officer $ 500,000 $ 500,000 Chief Executive Officer $ 750,000 $ 750,000 Chief Executive Officer plus one other Board member (d) $ 1,500,000 $ 1,500,000 Board of Directions (e) >$1,500,000 >$1,500,000 (a) Dollar amounts represent the individual's best estimate of project b the project manager is designated or the contract is negotiated. (b) Standard contracts include Landau Associates' standard propo Associates' standard subcontracts, and other Landau Associates stan (c) Other contracts include client - generated contracts, subcontractor -ge or Landau Associates - generated contracts that include provisions th contract provisions. All "other contracts" require review and approv contract reviewer. (d) Board member not involved with the contract or Board of Directors i (e) Approval of a majority of the board members; approval can be given meeting dget including rebillables at the time al and general conditions, Landau rdized contract formats. erated subcontracts, purchase orders, t are not consistent with our standard 1 of an authorized Landau Associates' no board member is uninvolved. ndividually without a formal board ILANDAU ASSOCLATi~S Project Management Manual Revised August 2007 Page 1 of 1 Tina Piety From: Regina Caindoy <reginac @servcopacific.com> Sent: Monday, October 02, 2017 2:47 PM To: Tina Piety Cc: Melanie Kelly Subject: RE: Landau Associates, Inc.; Certificate of Insurance Hello Tina, At this time, we are unable to provide an updated "master certificate" for the new 12/31/2017 -2018 term as we have yet to complete the renewal process. When renewing, sometimes the policy numbers and carrier information may change. Once we get closer to renewal and complete the binding of the coverages, we can then generate a master certificate for the city of Federal Way. In the interim, should you have any questions please let us know. Thank you, Regina Caindoy Account Manager Servco Pacific Insurance 800 Fifth Ave Suite 2400 ( Seattle, WA, 98104 USA 0 206.216,4123 F 206.260.2903 E reginac @servcooacific.com www.servcoinsurance.com SERVCO PACIFIC INSURANCE. This transmission is confidential and intended solely for we person or organization to whom it is addressed. It may contain privileged and confidential information. If you are not the intended recipient, you should not copy, distribute or take any actin; in reliance on it. If you have received this transmission in error, please delete the email and notify t /le sender at the email address above. Thank you. From: Tina Piety [mailto: Tina .Piety @cityoffederalway.com] Sent: Monday, October 02, 2017 11:32 AM To: Melanie Kelly <melaniek @servcopacific.com> Subject: RE: Landau Associates, Inc.; Certificate of Insurance Hello Melanie, My Law Department wants an insurance certificate with an expiration date for next year. Can you provide "master" certificate with an updated expiration? Thank you, Tina E. Tina Piety, CAP -OM Administrative Assistant 11 Federal Way Community Development Department 33325 8th Avenue South Federal Way, WA 98003 -6325 Phone: 253/835 -2601 Fax: 253/835 -2609 www.citvoffederalway.com 1 From: Melanie Kelly [ mailto :melaniek @servcopacific.com] Sent: Wednesday, August 02, 2017 3:25 PM To: Tina Piety Cc: 'Dennis Hobbs'; jcooley@landauinc.com; Regina. Caindoy Subject: Landau Associates, Inc.; Certificate of Insurance Hi Tina, Thank you for the quick discussion this afternoon regarding the certificate of insurance for Landau Associates, Inc. Although we had 4 certificates for the City of Federal Way, one appears to be the "Master" certificate, providing evidence of coverage for all "On -Call Environmental Services ". We will delete the other certificates and keep this Master active. We have attached a copy of this certificate, which was issued in December, 2016 for your files. As mentioned, if you require any revisions, please let me know, we are happy to assist. Regards, and have a great rest of your day. Melanie Melanie Kelly, CIC Account Executive Servco Pacific Insurance 800 Fifth Avenue, Suite 7400 I Seattle, WA, 98104 USA 0 206.21.6.4138 M 206.462.0576 F 206.260.2903 E metaniek pservcopacific.com_ www.servcoinsurance.com SERVCO INSURANCE IMPORTANT NOTICE: This transmission is confidential and intended solely for the person or organization to whom it is addressed. It may contain privileged and confidential information. If you are not the intended recipient, you should not copy, distribute or take any action in reliance on it. If you have received this transmission in error, please delete the email and notify the sender at the email address above. Thank you. 2 r ] RETURN TO: EXT: �s" .c-- Z 6 y3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: .--b, FT-AN 1_1 (/•.t c 2. ORIGINATING STAFF PERSON: .2 s P.•p.c EXT: 26 y3 3. DATE REQ.BY: A SAP 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 �NTRACTAMENDIVII(AG#): 13 H5 5 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: - I,; G ^ e TI;c o t-t !tea a „ c 0,4 6. NAME OF CONTRACTOR: - , e : ) ASS o ArS L ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACICkICIENDME NTS 8. TERM: COMMENCEMENT DATE: / ( I S COMPLETION DATE: 61? o/I 9. TOTAL COMPENSATION$ Ar7 1 t°L , op (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CITARGE-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 - C2 ' �'1 ❑ DIRECTOR _7 77.f / / ❑ RISK MANAGEMENT (IF APPLICABLE) ---7-- --- �/ /ir ❑ LAW * tO �/( f /// 11. COUNCIL APPROVAL(IF APPLICABLE) ("4/4 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 IIWIAL/DATE SIGNED ❑ LAW DEPARTMENT e4(>// d CHIEF OF STAFF AIX// ) SIGNATORY(MAYOR OR DIRECTOR) r! l %N/ .erf ', CITY CLERK /1111 1 1 4 1 1 ,i� ASSIGNED AG# A t• SIGNED COPY RETURNED DATE SENT: d S m C MME TS: I . A ' , v • /a (4 , e , , A - . c) -le( ( ✓evrP (Ai j✓v q Loo, aik e' tn.CA/,- i N1 lIr_e fa to•,, p 'fp ♦ ! ; ( • f a s 4 11/9 1 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY GEOTECHNICAL ENGINEERING REVIEW AND EVALUATION This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Landau Associates, Inc., a Washington Corporation ("Contractor"). The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for third party geotechnical engineering review and evaluation ("Agreement") dated effective August 2, 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—Landau,Geotechnical - 1 - June 2015(1/2015) CITY OF CITY HALL 40,14 , Federa I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederahway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: �/ .�k��.% I_ Ji a� - ,Mayor Jerk, Stephanie Courtne� MC DATE: /7i APPROVED AS TO FORM: air •4*47--> 4( City Attorney, Amy Jo Pearsall LANDAU ASSOCI r TE`, C BY: f -4 I illgOb Ed Heavey f 11,'. DATE: 3 - Z.O l S STATE OF WASHINGTON ) {� ) ss. COUNTY OF P\e+rre ) On this day personally appeared before me Ed Heavey, to me known to be the Principal of Landau Associates, 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. GIVEN my hand and official seal this r^ day y � da of UtAlt , 2015 (84111144-6 1 i ��0„,li,,,,,,,, Notary's signature ,'`�Q�N"R,••C00 : Notary's printed name (J tat Gl fl r I)\COOLPL) NOTARY = Notary Public in and for the State of Washington. ° ~ 01hi 1 ?OIID � G 2 ; My commission expires as� OpW PSA Amendment No 1—Landau,Wetland/Stream 2- June 2015(1/2015) E'en orr>: Jay Bower<JBower @landauinc.com> sent: Monday, July 29, 2013 6:47 AM To: Ed Heavey; Isaac Conlen; Theresa Turpin Subject: RE: Signed PSAs Hello Isaac- I won't be able to generate a letter with my signature until the 5th,when.I return from vacation. Hopefully,this email will suffice. Ed and Theresa are both authorized to sign contracts on behalf of Landau Associates. We have an internal contract review process and, so as long as they have followed that process,they are authorized to sign. I will be on my way to the Oregon Coast today,so you may be able to reach me by cell if you would like to discuss further. Jay P. Bower, PE Chief Executive Officer cell 425-218-6269 From: Ed Heavey Sent: Friday,July 26,2013 12:48 PM To: Isaac Conlen;Theresa Turpin Cc:Jay Bower Subject: RE:Signed PSAs Isaac: We'll provide you with a letter from our CEO stating Theresa and I are authorized to sign the agreements. Our CEO is out today so I will have to wait until Monday. I should have the letter to you early next week. Have a good weekend! Edward J. Heavey, P.E. • Principal Landau Associates, Inc. 950 Pacific Avenue,Suite 515,Tacoma,WA 98402 direct 253.284.4875 • main 253.926.2493 cell 206.390.8742 •fax 253.926.2531 eheavey@landauinc.com<mailto:eheavey@landauinc.com> • www.landauinc.com<http://www.landauinc.com> Landau Associates is proudly carbon neutral through our sustainable practices and financial support of U.S.-based carbon-reduction projects. NOTICE:This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. From: Isaac Conlen [mailto:Isaac.Conlen @cityotfederalway.com] 1 Corporations: Registration Detail Page 1 of 1 LANDAU ASSOCIATES,INC. UBI Number 600557469 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 11/16/1984 Expiration Date 11/30/2015 Inactive Date Duration Perpetual Registered Agent Information Agent Name JAY BOWER Address 130 2ND AVE S City EDMONDS State WA ZIP 98020 Special Address Information Address City State Zip Governing Persons Title Name Address Chairman - HENDRICKSON,KRISTY EDMONDS,WA President BOWER,JAY EDMONDS WA Secretary HALBERT,CHARLES EDMONDS,WA Treasurer HOBBS,DENNIS EDMONDS,WA http://www.sos.wa.gov/corps/search detail.as x.ubi 600557469 8/7/2015 P RETURN TO: �xT: � � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DGPT.!DN: 2. ORIGWATtNG S"1'AFF PERSON: ,2._ 5.�-- � EXT: Z6 �� 3. DATE REQ. BY "I�YPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ P BLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONT'RACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODSANDSERVICEAGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACTAMENDMENT (AG#): ❑ OTHER n SECURITY DOCUMENT(E.c.BOrmRei.aTF�rx�c�iM ❑ RESOLUTTON � INTERLOCAL __ .� ��- -- 5. PROJECT NAME: �`� - �� C+�� i n �i V � � v �� ` ��'�'Zk-�""''� 6. NAME OF CONTRACTOR: �A�-tba �s �-SS o GGa'�-S ,,Z �y L ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: "�'�-E __ � 7. EXHIBITSANDATTACHMENTS: ��lS�COPE, WORK OR SERVICES L� COMPENSATION C�A�iJRANCE REQUfREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS L�J'PROOF OF AUTHORITY TO S1GN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �) �p o� S �Gi-Ep�TiXZ�' COMPLETION DATE: � 30 9. TOTALCOMPENSATION$ �q , /7q (INCLUDGGXPENSESANDSALESTAX,IFANY) (IFCALCULATEDONHOURLYLAB C ARGE-ATTACHSCHEDULESOFEMPLOYEESTITLESANDHOLIDAYRATES) REIMBURSABLE EXPENSE: C� vss ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ �/�. IS SALES TAX OWED Cy'S'ES ❑ NO IF YES; $ _ _ PAID BY: CONTRACTOR ❑ C1TY ❑ PURCHASING: PLEASE CHARGE TO: DDI "SZOD " D�=�� '� �D '" �"� I ( _ 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATEREV{EWED � PROJECT MANAGER 0 DIRECTOR ❑ RISK MANAGEMETJT (iF n�rt.ic,ast,E) o LAW INITIAL; DATEAPPROVED 11. COUNCILAPPROVAL (1F at��t ic,ar��,E) COMMITTEE APPROVAL DATE: COIJN('ll_ l�PPRQV.AL DATE: ] 2. CONTRACT SIGNATURE ROUTING O SENTTO VENDOR/CONTRAC'TOR DATE SENT: DATE REC'D:___ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIREC�fOR� ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITZAL/ DATE SfGNED 1� y-------- ,�. AG# � � I� � DATE SENT: �•7�• �,,� � i iy ` CITY OF CITY HA�L "�..�.. Federa I Way 33325 8th Avenue South �� Federal Way, WA 98003-6325 (253) 835-7000 www. c�tyofl�deralway. com ��C�IVED RECENEOBY � J �AMUNI'[Y DE�ELOPMENT �� UL 19 2013 pROFESSIONAL SERVICES AGREEMENT JUL� 2 3 2013 �oau ass cia�s, iNC. FOR TACOMq .• �. THIRD PARTY GEOTECHNICAL ENGINEERING REVIEW AND EVALUATION '`' This Professional Services Agreement ("Agreement'� is made between the City of Federal Way, a Washington Municipal Corporation ("City") and Landau Associates, a consulting fum ("Contractor"). The City and Contractor (together "Parties'� aze located and do business at the below addresses, which shall be valid for any notice required under this Agreement: LANDAU ASSOCIATES, INC: Ed Heavey, Principal 950 Pacific Avenue, Suite 515 Tacoma, WA 98402 T: 253-284-4875 F: 253-926-2531 The Parties agree as follows: CITY OF FEDERAL WAY: Isaac Conlen, Planning Manager 33325 8�' Avenue South Federal Way, WA 98003-6325 T: 253-835-2643 (direct line) F: 253-835-2609 1. ;�$j�. 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. �, „��. 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 region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective dxte 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. TE�, ATI.ON. 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 fiuther City agreements. Landau Associates, Inc. Geotechnical Professional Services Agreement - 1- July 2012 � CITY OF ,;, � Federal ��j� I' .��.��1`.� CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. atyoflederehvay. com 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Elchibit "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 Qf Pavment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel perfomung 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 comect 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-A�ronriation 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. l►!1 �/I�lI.� ..: � � 5.1 Contractor Indenanification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. The Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to t�is paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemniiication. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification Landau Associates, Ina Geoteclu►ical Professional Services Agreement - 2- July 2012 ` GITY OF ,;. � Federal CITY HALL W�� 33325 Sth Avenue South Federaf Way, WA 98003-6325 (253)835-7000 www. aryoflederahvay. 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 Citv Indemnification. The City agrees to release, indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors hannless 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. �SUR�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 subcontractors for the duration of the Agreement and thereafter with respect to any event . occurring prior. to such expiration or termination as follows: 6.1. Muumum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors, or omissions of the Contractor. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured. Verification. The City shall be named as additional insur� on all commercial generalliabi�ity 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 "C," 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. Landau Associates, Inc. Geotechnical Professional Services Agreement - 3- July 2012. ` CITY OF CITY HALL .;. � Fe d e ra I 11Vay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederelt+�)%com 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. �ONFIDENTIALITY. 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. W��,,,�RO�UCT. All originals and copies of work product, including plans, sketches, layouts, designs, design speciiications, records, files, computer disks, magnetic media, or material which may be produced or modified by the Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. ��„�,�D ,�GQRDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the state auditor, or other governmental officials authorized by law to monitor this Agreement. 10. �EP^E ��j,T,��QNT TOR 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 shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other 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 soie proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. COlYFLIC�,��',��ST. It is recognized that the Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. The Contractor agrees to resolve any such conflicts of interest in favor of the City. The Contractor confirms that the Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. Landau Associates, Inc. Geotechnical Professional Services Agreement - 4- July 2012 ` CITY OF � Federal CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 �vww. ut�roffederalway. com 12. EOUAL Q�PORTUNITY 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 requirexnent shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. _�_;; ';� ! _l�.. 13.1 Internretation 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 foroe 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 Assisnment 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 beneft 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 shall comply with and perform the Services in accordance with a11 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. Candau Associates, Ina Geotechnical Professional Servic� Agreement - 5- July 2012 ` GITY OF „�. Federal cirr Ha�� W�� 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 rvww. crtyoffederahvay. 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 posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cuxnulative 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 foroe 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 dces 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 fled 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 awazd provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. (Signature page follows.) Landau As.sociates, Inc. Geotechnical Professional Services Agreement - 6- July 2012 � t17Y OF CITY HALL ;�� Federal Wa 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 www. atyoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Skip Prie t, Mayor . DATE: LrJ� Z' �I � LANDAU ASSOCIATES, INC. By: Ed Heavey rinc DATE: � � Z-Z-° � � STATE OF WASHINGTON COUNTY OF ► e fC'� ) ) ss. ) ATTEST: ity Clerk, Carol cNeill C C APPROVED AS TO FORM: �� ity Attorney, Patricia A Richardson On this day personally appeared before me Ed Heavey, to me known to be the Principal of Landau Associates, Inc. that executed the foregoing instrument, and acknowledged the said instiument 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. GNEN my hand and official seal this � day of Jl�l.�y , 2013. ,`,1��IIIff//��'',r ' �,, �N R, C�O , Notary s signature 4�`w • e��1r,,,II,��p �:• � NOt�'s printed name Jt�.l� a�n►n R Cool,e,� • 5f �� .. _�: NO T A RY " � N o t a r y P u b l i c i n an d f o r t h e State of Washin g ton. +�•�'° t ;�; PUBLIG; �o : , � ,y 'ag-'!1' .•`'�`« ; �"T%w •�.,.�n��' ,q�, `,�� ''•�,,�� ,��ASR,ti` My commission expires 'T I)! b 11� Landau Associates, Inc. Geotechnical Professional Services Agreement - 7- July 2012 ` CITY OF ,�� Federal CITY HALL �� 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www. cityoflederehvay. can 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 Partv Geotechnical Review. The Contractor will evaluate geotechnical, 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. Plan Review of Buildine Plans. The Contractor will evaluate building plans submitted by city applicants for consistency with building code requirements. 3. Additional Services as Needed. Additional geotechnical services in support of City needs. Examples include development of geotechnical recommendations in support of a City construction or road project, or recom�endations regarding landslide repair to a public facility. Landau Associates, Inc. Geotechnical Professional Services Agreement - 8- July 2012 ` CITY OF �.. Federal CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. c�tyo(/ederalway 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 below fee schedule. Personnel Labor Hourly Rate Principal 190 Senior Associate Associate Senior Senior Project Project Senior Staff Senior CAD Staff / Senior Technician II CAD / GIS Technician Project Coordinator Assistant / Senior Technician I Technician Support Staff 170 155 140 125 117 105 105 89 86 80 78 66 60 Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Technical disciplines include: Biologist, Chexnist, Engineer, Environmental Planner, Geochemist, Geologist, Hydrogeologist, Hydrologist, Risk Analyst, Scientist. Equipment Field, laboratory and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incwred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent Landau ,Associates, Inc. Geotechnical Professional Services Agreement - 9- July 2012 ` CITY OF CITY HALL ,:� Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federat Way, WA 98063-9718 (253)835-7000 www. crlyoflederaM�ay. com (12%) handling charge. A higher handling charge for technical subconsultants and for high-risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1%z percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time (e.g., long-term continuing projects). 3. 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 perfornung 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 above 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 Landau Associates, Ina G�hnical Professional Services Agreement - 10 - July 2012 CITY OP ,�..., Federal Way EXHIBIT "C" CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoflederalway com �� c��nFica� oF uABiur�r iNSU�►NC� ,,,� 7iNS C9tTFICATE q� AE A MAT7ER OF �ORMI1TWq ONI.Y AND CONF� NO RNilff3 UPON TFIE CERT�ICATE MOLDBt TF� CHiTIFIG1iE DOES NOT AFFRYA7IVELY aR NEGA7IVKY AYEND. EXTEND OR ALTER 7!E COVERA�iE AFFORDED BY TME POLlCIEs BELOW. TINS CERT�ICATE OF WSURANCE DOES !WT CONSTRUiE A CONTRII�T BE7W�N iME �IJNifi pl�dl. AUili0R1�0 REPRESEN7A7NE Wt PRODtIC6t. ANO 1HE CER7IFICAiE NOIDER. Allt: N ai. e.ANes1. noa� b an Acat�oNAl. . u,. paky(Ies) m�at e..ndors.a. M � w , sibj.et b YN Wms and eondkMns of fM poilcy. e�Aain polki�s m�y nqufn an s�dor»�ret A�nt on this uANeaM does not eo�r Aphts b tM artiRcab hWd�► M Nu of wsA roaoueei Commert�l LN�es - (�6) 89¢-9Q00 Y1k�s Fago R�ava�ce 3eMces 1�4A. inc - CA l�: � 601 UnOn SY!!t, 9uYe 1300 Seatlle, WA 981074971 w: Plnenbt M�ra�oe Caiqaq 45625 rwMO rri��: Travelastdem�M�rOcmpary � LariAau Avotl�s. q�c �: �pNwri�s at Lloyds, latlm (IL) t5792 Irt. Oar�s MDbDs 130 4nd Avaue S [ : Ednollds, WA 99020-9129 C A TMIS IS TO CERTIFY 1TY1T T}E POLICES OF INSURANCE LIST� 89.OW MAVE BffN 193UED TO T!f IMSUNEb NM�D AlOVE FOR Tf1E Pd.ICY P9t100 fIWGTID. NOTWITMSTA101Ki MiY REQUREW@IT� IEtOA dt COI�ITION OF ANY CONTRACT OR O�IF16t DOCW@Ii NrtTH RESPECT 10 1M9CN TM6 CB2TFICAIE AMY BE 139UED OR MAY PERTNN. T!E l�tXtN/CE AFFOIiD� BV TME POLICIES DEB� MEF9i IS �1BJECf TO ALL TIE TBiMB. EXGLUSqNS MD COl�ITIOlIS OF SUCH POLICES. lMR3 SMONM MAV W14E BE@I t�OU� BV PND CLAMS. 1MM CF0lpllulle[ Ia�R A°��M� 680�iBR776 07AD1N3 0710V14 �� s �'0°°'0°D X �c�a+a�uu�aanr t �.aanaoo cws�rioc ❑X oacue r�e� ar • +aeoo X .u�cr� vHwow�a�mr�u�er s +-�.� Geie��re f twa000 ae�t�oo��uar�avi.�vee: qwoiwrs-carror�oo s xoao.aos % ooucr �oc �.a�.•�wrr : w�s+r A �� BA25BOL352 WI01l13 07/OtMI � +.aaa000 x �y�y�yp � lOOLrMMlvprp�non) t � � � eoo�rwiwrP«�aasnD s x INI�qiA�ps x w� s i B x u�uu� x p�p C1�66T5Y973 07/01/13 07I01l74 e�orCOqa� t e�� aew u� � �eo�� t s�omaoe x �aaoo t A��r�yr�r�rr r�M 68025871716 07At/Z013 07A7/2011 ��M M »aa.aoo ANV PIqPRETdWARIKNEl�U11YE � Mf A WA $bP G'� �(IH EL EACMACfJDBi► i ti04000 � ��* E1.O/BFA9F•FA t r a.va�.w uoaaoos et.omwe-va�cvurT t C P�ale�iarrell.l�il�t W13431120101 1213f/12 12/31/13 sa.om.uonc+r�. mooe,aoe�.ar or s�m.aao orar►nworaawtstnoe�nowiw�a� Mw��ou+.��..r�.w.�+..r.«.w..�rwM+�wl CG DO 37 04 05.C/1 T4 20 07 06,CG D9 79 09 07.CGQ3B109 06.�i D3 81 09 07 RMda�oe: Tliirtl perly weU�dl�am ilvkw an0 evaMqYon Cdy a Federal Ntay is Ad�anal4nue0 an a� above pokies �t Tot VYarkeis Canipe�lfon an0 Pm�al LWbily rRkn requYed by v�Yd� cartract a4 resped �d► tMdest h the Operdtb� Of CiC Named k�. Coverape is R�narY. Wai�a af �o�or� appNes � C,eneral t ia6i�r an0 NRo IJabilly. See A�'dUletl Etitb�le111Etk Fo11118. qly d FeAeral Way A1hC b�C COIYEII �5 8� Avenue 3a� F� way. wa � ACOIm 2S (201QIOSj nr+e� nr.�..r+.�.�.. *�q :IIOILD AIIY OF M N011! �NCll�m �OI�IL TN� E7fMtAflON d►Tt 71161�s. N0710E ACOOIIO�I11� WRN711E �CLIC:/IIOYl101/6.. /'"'�l�- ■ t �IIIIP�� NOII! . �RL �i Ot111� N Landau Associates, Inc. Geote�hnical Professional Services Agreement - I 1- July 2012 CITY OF � Federal 6802567L716 CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9T18 (253)835-7000 www Gtyoffederahvay. com •• 7"�t f �7' n�a E�Kr cw��s n�� c�r. �.�se ie�►u rr �Y. OTH�R IN3URANCE — ADDITIONAL INSU RLD� m. � n�oaa.. M,«r�r,c. E�r�►a.o un�.ru,.wb,�: oo��c�u. c� u�unr cx� �'r .r..�`��.: �`.,. CO�M�AEltaAl. OENERAL LIABIIITY (:Ot�DIT10NS (�c�on w), Praprap�t� 1. (t� �y, is arn�d�d as 1�aNawx 1. Th� toNowtrp k�tlded 10 Parpraph a. �el�ry M�wra�: �'io�w�►K. N ya+ �p�fcrY aproe IMQ a� con- lrad or w�n a�piwr�ner�t thet U�s Msurancs pro- vid�! b an addi�onN klaurod u�d�r tl�is Cawag� Part rta�t apply an a prinary bab. or a prinwy and non�oontribulory b�Ms, t1�N iraur- .,a a prrmry 1� o�x iraurano. a,et is ,va1- ahl� b woh addilional traursd whidt oowrs auch additlornl ir�nd as a n�n»d intur+�d. �rd wr w� tat sh�rs wMh Ih�t olt�x N�suranos. ProMclsd � a 11w "bodNy M�ry' ar "ProP�h� �' � wf�Ch aow�ap� is �oupFR oocur� and 2. E? M. Tt�s'j�esonr M�x� ar'adw�trq I��y' br ,M,Ia� oove�p. r.oupht.riwa out a.n a� Mw aommlM�A � lo tlN st�nirg an0 �aa�lon d 1Fat ooneraat or ap�w+�k M Yr� 11u fN�t 8ubp�r+pMph (2� W Pr�pwph r. E� oNS r+w�nw �p�lrp any a�fMr pin�r in- auranoe svW�bl� to you is dM�Md. TM folo�w�irg is ad�Nd b Pirapraph r. �s Na�no� �s �n ad�llonei subp�rapnph urxi�r �+� t�k 71�R is a�aNabls 10 IM MM��rsd rNwn M1s kMUrod is addsd aa an add�forMl ineursd aid�r arh► otl�x PcMaY. ir�lud�q any unbnla or waows polk.y. Reference: Third party wetlandlstream revi�w and evaluation City of Federal Way is Additional Insured on all above polcies except for Workers Compensation and Professional Liability when required by written contract as respect their interest in th� operations of the Nam�d Insured. Landau Associates, Inc. Geotechnical Professional Services Agreement - 12 - July 2012 tITY OF ,�,,,�.., Federal CITY HALL W�� 33325 8th Avenue South - PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www. atyoffederafway com COMI�IERCIAL AUTO THis ENDOR�iE�NT CHANGES THE POLICY. PLEASE READ IT C�AREFULLY. AUT4 COVERAGE PLUS ENDORS�MENT Tta� end�a.Kr�.r�t mo� �ar�a pro��sd under the roNawln� BU8INESS AUTO CO�VdiACiE F06tM W�M� raepeot io oove�pe P►cn►Ided bY lhis eedorae- m�M� the P��orn of tl�s Caverape Fam spply uNesa mod�d by ihe �r�dorsansn� A. P�ERSONAL EFFECI3 C0ITRAOE SECTION IM — MtYSICAL DAIWIOE CONER- AOE. A- CovKaa. 4. Ca�wrage Ext�ions is emeixled tr�► sddinp !he tornvMi�{x Prrson�l � Cov�►a� W� wiN pay t�t ��400 fat 'loss" eo wserin�t a� p�►el end ather person� etfeds which aro: (11 aMmed by sn'M�eured": an�! i2) in ar on ytw� ooYered "auto'; in the etirerit ot a�ei MaR '9ass' ot yaur cavered '"auto". No dedudihks appiy to Peraonai Etk�cts Caver: ape. S. AUTO L.QAN I,EA!! O�AP COYERAtiE �CT10!! pl — M�iYSICAt. DAYA� COVER- AGE� A. Cowra�, 4. CovKSqo Ext�sions is amended by �ddMg � bNowin� AuOo Loan LNS� Osp Cowrago ior I�rtVat� PassMp�t Typ� VM�ieNs In �e event d a total Nos�" Io a carered 'euto" of fhe p�vate psssenger type ahc�wn in the Sc�ed� or Dedete�lana for whioh Phyaical Damape Ca►- eraga k Provided+ w� wil P�M �Y �� amount dtw on the iease or loan ior such covered 'a�o• Mas 1he tdlowirfg: (1) 7he arnount peid urder tl�e Phya3cal Demsge Ca�vetape 8ecEion oF tl►e po��cy fa �at 'auto"; and iz� �:. (a� OveNue le�eltoan payments et �e t�ne oF th� "1cs�'� (by Flnandet penattlss hnposed under a farw �or �occ�sai�ro usa. abnomral w� and ieer or Itigh mibaga k) �Y � rat rstumed by ihe iss- �; (d{ C�oeta fiar exknded Mrar�anlies, Crodt tlfe It�ence, FieaAh� Aoolder�t ar OisebiNt�t I�s�ranca pur�d wNh fiw fo�n or less� tmd (�1 C�ov�r t�x�as irom Prwioirs k�ans � Ieeaes. C. CD'VERAt�E EXTEN�Of! — AUDIO, VAl1AL AND DATA ELECiROI�NC EGI�EKT NOT DESIONED �s{.Y l�OR THR PRODt�CTlQ�1 OR aOUND 3ECTION NI — MlYilCI1L aAYA4� CONiR- AOE, B. Exdutlons; eocctpfion Pa�agnph s. En e�cduaions 4.a b 4.d i� dsiebd and replsosd witl� 1!re taNcvrUp: a. Equiprr�snt and soobesorfes ueed wNh such e�lurP� a�aP� �ePes. reoords or deca. Providod wch vcNlpmatn k P�rtwwt+ry in- sts�ed in 1hs earerod 'aulo• at 1h� tim d the "loss• ar ia �emovable from a housi�g unk whidi is penrre�ently U�eled h the oo�vered "auto' at the tMne d tl�e 'bss'. mid suoh equiPrtwnt � de�iprwd b be �olelY opor�Eed by u�e ot tl�s paxe� from tl�e •auto's" electri- cd eyabm, in or upon !he oc�vaed `a�o"; or D. WAIYER OF OEDUCTIBLE — QLA3� SEC7'ION IN — PHY8ICAL DAMAiOE COsIfER- A6� D. O�ductl6l� is emended by sddi�q tl�e �Nowing: No dedudfbie tar a cova►ed 'auta' wiq apply to �sa� dampge if tho �iass ia ropaind ratha' lhan �• E. �D AUTO PHY�iCAL DAMAOE COYrJ!- At3E s�cTwa � - Anrs� o�r� cov�. I1GE, A. cown�.� 4. covar.r. �aN�. is amwndod bY ad�nQ Uw tdawin� Ilira� Aulo Plryal�al D�a� CawraM E�tbn- slw� � Nred 'aulos' an oownd 'autas"' tor ti�biAty . Covenge and tl�is Poicy �o provid�� Physkal Damage Coverage for an cwhed 'auto•� then the C�/l T4 20 !T W �naA�dee tl,e oop�niphled maledal at Y►w�anos Sealces oAoe, k+e. ww� ts v�iaioa, M�dudes Mre oo�ni�hted �1 d The 3L Pa�i Trwsl�rs CanPsr+ie+. Inc Paps 1 d 2 Landau Associates, Ina Geotechnical Professional Services Agreement - 13 - July 2012 ` CITY OF ,�. Federal CAMMERC�/1L All'TTO CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. uryoflederahrey. com Phiraic� Damage Cwqrage is e�ctet�ed to `autos' lhat you 1�, ntrt w batrow s�ject to ttte �o�u+ing: (1} The most we will psy for 9csa�' in a�r ar�e "accident" to a h�ed, rented or borto�d "ac�" is the les�er ot t�) sso.000t c;. {bj The ac�uel c�ah ve�e af �e d�m- a�ed or siolert p�r as ot the drne of the'1a�s•; w tc) The oo�t af repakkrg or repladng d�e damaged or �olen prope�ty w�h other propdrty af like kind and quaity. tZl M adtu�ment for deptr�cistion m�d I�Y�csl co�for► uMl be rr�de fn deter- �mLiN_'ng actual c�eh vedue in fhe eveM d a �O/ �M. (3) � a rep�tr crr repi�cexneM result� in beKer lhan like ldnd or qua�ty, we wNl nat pay tor the e�mount d bettermertt. (4) A dedtrct�b equei b d�e higheat Physic�d Damage deductlbte appiicable to erry o+Mted covered 'auto". (6) ihle Ct�►ere9e F�tenaion doas rrot appty E�: (a) Any "auto' it�t i� hind� �ented or bo�- row�edwi�► a chivar; or (b% A►►Y "2N�ko' U1�t i8 hired, rented or aor• rovred inom yaur'employee". F, BLANKET WAIVER OF $UBRO(�tT10N SECT�N IV — BU91NE39 AlJTO CONDITION3, A. Loss Coe�Eiona, � Trensfer Ot Rf�hta Of Recovery A�Nnst Otl�a�s To Us is deleted and �epiaced by ths (otbu�g: S. T� Qf Rtyhts Ot Raeav�ry A�rtst Others To Us We wa�ra arty right d rec�anrary we may have �� Y P�� a org�ization to the ex- bent re4uMed d Yau by a rwltan con�aot wce� c�ted pri� b arry "'�c�ddeM" a 1as"� P� vided ��t #�s'aodde� cr "Iciss' arites o� af the operaiia�a ooMempla�ed by auch oon- trr�t. The w�ahror appNes ong► M tlta peraon at organization d in �uch cantra�ct. ��r u�oma�w. wav� 8EG710N N— LtA�.ITY COl/ERA�� pet! A.1. Who is M�sur!id„ p�praph � ts amended by ada�,g the rdiaMr�: �Y Persa► ar agan�Oti t#tat you aro t+aqutrod bo indude � an additional insurod vn �is Covar- age Fortn in a w�itten taor�red ar aproeptent lhst is sbned and exeouted by you be�ore the'bo�y injur�" or'prupe�ky ds�msgv` occurs snd �t k in eKeet dumg the po�cy period is an "inwrcd' �► ti�itity Covarage, but only fa dameges to wHch this hsaranoe applies and onty to tlte eoaent tl�at peteon ar arg�tizaibn qualttes as an "�auted' under ihs Wiw !s M tr�ured pnovi�ion cx�n#�ad in Section Ii. H. EMP'LOYEE HIRED AU70S SEGTION �— LIABlLRY COVERAtiE, A. Cav- erape� 1. YYho � An Insur�d fa emended by add- Inq tfie fofbwin�: M"empioyse' �' yours is en "kneured" wMe op- efa�ng en'auto' hirsd or rer�tsd under a cw�trad or agreement b that "empbyee`s' name, rrith your pamission, wl�als perfarming dulie�s related to the conduct af yar M�iness. 1. COVERAGE EXTEN�1—TRIULERS SEGTION I— COVERED AUTOS� G Certai� Trallers. Yoltite �qutpm�et m�d Tempotary► Substltub AuEos� parayraph 1. is delebe�i a� repfaced by the �ng: 1. "Treiers" with a bad� capec�iy af 3,d00 paunds or ksa deaigned p�irr�ariy ta irave� on pubiia roeda. Iandau Associates, Inc. Geotechnical Professional Services Agreement - t4 - July 2012 � CITY OF ,;� Federal Way CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9T18 (253)835-7000 www. utyoftederah�vey com Ct)IJMAERCtAL CiEN�R/1L L.40.BILITY TH[S ENDORi�R.IMLNT CNANt��B THE POLICY. Ih.l�AS� R&AD IT CAREi�ULLY. ARCHITECTS, ENGINEERS �►ND SURVEYDR3 XTEND ENDORSEME�iT n,t� �menc � �r.nr.�e �dea w„ae�m. raro�: co�ecvu. o�t�Ra. u�unr cov�cc� Paar c�ffN�Ult. DI�CItIP11G�N OF CUYERA�A� Proviaicr�s A. — T. and v. � this endorsacr�t doadon oover�gs. Proviaia�s U. �d W. ot fA� sndorsemeM may Ifmit cove�ape. The folbwinp N�inp i� s�anerM oavetsps dea�xiption only. Um�atta�s and ex�fona m�► aPP�Y to the�e cov�pes. Rsod aN tbe �R4YI�IONO ot thb endorsement oare4l�r to dsterm� �igMs. duYes, �nd what is �d is not cove�d. A. lil.. C. D. B�des�ed Nartlsd inaured Ir�cideM�l AAed� M�dp� Reseaaebie Foro� — 9odly Inj�ry Or Prope�ty � Non.Owned WtleroraR — Inp+es9sd 7o Up To T5 feet �. Abtxa�t t�s�terod {AH�tt Ctew F. Extenaion OE Coversgs — Damaay�s 7o Prembes Renied Ta You 0. Maticious Prassa�don — F�ccsDUon To KiwMrdq Vbtatbrl Of RIgMs Ot Molhar E�oduslor► M. Medk�l PaymerMs i.knit I. I�xxessed 8upQle�meMery Paymenls J. Adc�ttonal M�urod — O�wnsr. l�aper Or L.easot Ot Prorn�a 1(. Addlkbtiai Insursd — Lesaor Of Lessed E.q�iptneM L.. ArW�el Inatlrec! — 8t�Mte Or PaNflcal 3ubdtvl- sio�s — Psnnita Reiatk�q To Pn�mises � M. Acidkfonel InstKed - Stats Or'Pblilfeai Subdtvi- slons — Petmita R� To Operatia�s PROII{�ION� , a eRC��u �o a�su� 1. The Nametf le�suted i� Item 1. M the Com- rtwn Pdiay Ded�nrtians b a�mendsd sa fol- lov�s: Tf� peison or orpanizAtior� namad Itt Rem 1. ot the Corn�»on PoYcy Deda�tfons and an�r ory�r�iz�adion, othsr than a partnerahip, ph►t venft�e, Nndttad Iisbl�Ill► comp�Y a' ir�st, of whid� you are the sote ownet tx h wMdt you meintsin U�e rn�jorUy awnersh� frNe�+est on tha sf%Give dete ot dte poiic�►. How�e�r�'. t�Cti D3 7! 9� 97 N. Addidotial Fns�bd — Ard�lleat. Etqin�r Ot 8urveya' 0. Wfw Is An Inaiuec! — t�evAy AoqaMed Or I�ormsd �� P. iNho is A�e IMu�ed — UnnMnsd P�Meraf►ip O�' Jdnt VenttKe — Eya�es.9 Q. Per Projsct Oe�terai Appra�te Limit R. Know�s Md Nolioe 01 Ocourr+en�e Or Offetise s. v�ooa� omias�n T. WaNe� at Trenster Of Rqhb Of R�oav�► Apdr�t O�ters To Us 1M�en Re�tnd 6�► Cai- hsot Or�4preerr�slit u. Ame�bed �y m�r oenr�non v. nmerxlea h�urs�i corraaa QsMtaor► — Rstlroaa :.. Eeserr►ent W. Amentfed Propaip Demspe De�ar� — T� P�vperty X. Ad�n�d Detinitfon — ConUact or AQrssrtbnt Requiring insurancs ootisrape far any �ch add�onA� O�fOn wiN oss,e as of tlte dats, If emy� durin� the poqc�r p�d� Mst y�ou no raper aue tAe �ole ownsr of, or mek�sin the rtt�prftY ov�nerat�ip iraer�eat in, nuch orp�r�iZatlon. i This Pr�visbn A. daes ilot appy �+�ny PM` s� or onae�itsUon for wMch t�+rs►pe is ex dnded by anoiher � ta Wls Cow araye Part. d. INCEDEl�ITAL MQ�I�ICAI.. MAL►RlI�C'�'10E 1. 'rhe toNowkp is add�W to panpraph 1. In�w in� A�nw� of COV'�ltAOE A lO�ILY O 2Dfll 7M Tr�v.wrs Comp�+►1N,1no. �.tas Landau Associates, Ina G�technical Professional Services Agreement - 15 - July 2012 CITY OF ,'�.., Federal Way COM6AERCIAL OENERAL LIABit� fY �uu�r � �cot�en a►�u�u►c� u. �►exm a, co�v��u►c�►ES ca.�� tr. "Bodi�► tnju�y" arisinp out af tt►e rsnder4np o(� tx taiNxe to �ender, "�rst aid" or "t3ood �w- msrftan services• #o a pet�n� oiher thAn a co-"�nplo�ree" or "voluMser waker', rviN be dee�nod b be cst�aed by an "�". For tlro puipoaes ad determltNn� tlte � bl� ifmib of irouranoe, anY act or omissbn iope�er v�tl► dl re�ted aab or omi�tons in the fumis�p ot the �vlces io airy one psr. son w� be deemed one "ocaerence'. t As used in tltia Rrovision �,.: a. "First aid" mear►s medtcd or muafrg � vioe; heettneot, advloe or insfn,ctiorl. tl�e rsl�lled itxt�fahkp of food or bever�qe� Me turr� or �Spe�in� of dups or meaics� suppiies or a�pplianoes; b. "Oood SarltAfN�a'1 servk.es" mea�ns �a9e rr�e�cai asrvloms rendened or provtded In an enb�pe►�cy snd for whk�t no rerr�u- r�ation is Aernaeided or tec�elved. s- P,ua�ravn s-�.(�xa� o� wNO �s �w �h- 8t�lE� (�clion Ih do� nd apply to sI�► M yo�K •employ�ses". who ene rrot empioy�d as a dodor or nwae bf► Y�. ��Y � P�` farrninp the ae�vkxs desalbod in Prap�ph 1. abo�te and wMb at�lktp w(th�t tta soop� ot that employm�d bp You. MY such •smpblr ees" render�p '(ioud SamwNan servk�es" wIM be deetrted to t� acting r�ihin ths scupe of UfNr smpbyme�t b'l► Ya+• 4. The Iailav�inp exdt�fon is added to Pora- �raaph 2. Exdia�ons d CO'V�tAti� A SOO- ILY INJURY AND PROP�RTY DAMAOE u�►s�rrY m ca�w►oEa ts.caoA n: - 3aM d rltam�wticals 'Bod�Y m�ul►' � "p�P�Y dainape• ari� inp Out O( the wNltul violailon of a penhl stadite ar ordkwnoe relati�p to the sate of pt�a►rnaoeutioais corrrni�ed by or with U�e la�de�e cr c�r�seM � ths insurad. i. The � provided by this Rrovision !t. shaA be e� over any vaNd and oa�lsdibis otl�er Insuranoe ava�able to the insured, � primary. e�nosas. continpeM � on any otffer' basis. eoccePt for ic�urar�cs pur dieaed sped�� by !rou to appiy in exceaa of Me Lirt+Ns of Itfsuf�nce shown M the Deds- tatior►s tor thia Covsrdpe Pa:t. p�e z a a � CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253)835-7000 www.cityof(ederahvay.com C. REAiO1rNl.E 1�'ORCE — BOO�.Y WJURY OR �eoP�err uaw►o� ttie Ex�cmd oc hN�nd�d injwy �alusion in P�ph !. � M COY�RAiOE A sOON.Y INJlIR1f ANb NtOPERTY DAMAiO� LJA�II.tTY tn CONERI►a�i �i�otisn p is de- lsted �nd repl�ad b�t ths fdiov�irp: Exp�cbd Or bM�rnNd MJury Or D�mp� "AudilY ��Y" � 'P�y d�msAs" axpsded or ��a uom a� � a a,s �d. �rn� eocdieton doe� na� appip b'bocNly InJury" or "proPe�► dsme0e' ro�n0 from 1he uss af re�- Aonabie toroe to proleol aM► parsott or proporty. D NOµOYY�D WAiERCRAFT — INCREAiED TO UP TO Ti FE�T 1. Th� aoaa�ion oor� In S�ngnph 1� a �,s �u�roe, � or w.�c �,- abn in 2. �slo�ts af OO�V�ftAiO� A BOOILY INJURY AI� PROP0t7Y DAM- IIRiff L.IA�.17Y kl COA/E1tAOE� (s�clfon q is delalsd and ropaoed ayr ths roMowNq: mA��: � (a� Les� Ut�n 75 �set baq: �d p►) Not bdip used ta c�rty psrsa�s or ProPwtY for p chsr�; L Onyt � t�epects ms M�ua�oe Arovided b!r tlds Provisbn fl.. WlIQ 1� /W N�IJRED p�fan iq ia ame�ded to iadude as wt in- �rad arry patson who� +�h Yow e�+�ed ar impNed oonsen� e�tter u�a vr b tesQot►� �ibis for the uss of ths watenx�lt. i. The It�tos �vided bl► � P�oviaion D. shap be exoess ovar any va�d srid aoaectlble otlier Iricurat�ce wa�abie to the baeured. wl,ect�r w�n�r, e�ess. coMinosm a on arhr otl� basia. e�oospt for M�s�xancs pur- d►esed spsdfk�Mf► b!► Y� to apply in eocdsss a u,s t.imits ot h�nu�e e�wwn in ms E7eda- raHons for this Coverape Part. E /11Rt�AfT CHARTEREO WIl'H CI�W 1. Trie foMowirq is adda3 io th� eoaoepUo� con- talnod in the Airea�t, /1ub Or WalMCnd�t Exck�ion in Pe�paph L�ons of OOV�RAOE A S�iDN.Y MIJt/RY AI� MlOPERTY QAMAQE LIABN.ITIf in C01/- EIE/10F_8 t3scdon Ij: A�ran cnutsred w�u, crsw, Mdu�np a pMot. to any insured. O 200�f TM 7Ysvdns Comprr�, u�o. CA@iT1MK Landau A.ssociates, Ina Geotechnical Professional Services Agreement - 16 - July 2012 ` CITY OF CITY HALL ,,:� Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. ciryotrederalway com ;.*. Y. ThI5 PfOV181011 �. d0@a t� Aj� (f �E diilf- tereo au�ran � ow„ed oy any �rod, i. 'fNe {Ets+�►oe pro�v�ded by tt�a Provision E. she� be axceaa mrer any vdid and �e other {nauranos avaftat�le to ths Insured, Y�tte�1K prknsry� ex�ss. co�NlnpeKlt or �t �y dher basisr e�t fo� it�su� pur- oh�sed spedflarl�► M you to �pphr in � of ths Umlla of Itw�mnos sNow�► In ths Deda- r'ationa ftu ihis Cover�qs Psrt. �. BXY!lMtiON OR CdNL�t/►AE - O�AI�iA� TO M��lt ItENT�D TO YO�J �. rn. �ee �api� a cc�� a soo- H.Y IN�NIRY AND A1K�tTY pJ1MAGE L,IIII�l.IT1f in COAIlRADE3 �3sctlon 1) is dsle�sd ar�d roplaoed b�r ihe fo�owM�q: E�adusTona e. ti�rouph n. do �at s�ply to � apa to pret�es rA�Ns roM�d b y�ou. or tem- poratNy oa:upied by you wkh p�ar ot tM awr�sr, csusad bY: a. Flre; b. b�lasion; c. lfytia�np; d Smoke �esul�np hvm 9uch flre, explo- sbn, ar �iphf�na; or •. w� A sepuate llmU of N�w�ce applies to Uds coveraps aa deaalbsd in t.HYN'1'i Wr IN- 3i1J11At�lE (3scflon Nn. L TTts insu�nos t�nder Uis Pro�ston F. does not sppl�r to d�mepe W prwnfses whNs rented !o you. or tempowrll�r oc�pied t�► You wNh peNmission of the ovw�er. caused try: a. Rolptu►s. bur�ino. or ape�ion ot Pres- s�e �r �+�oes; b. Ruptura or buratlrp due to expansior� or srrellinp aT the oo�enb of e�»t bu�fin� ar stnx�nte. caussd by or resuRirq fr+om �- te�; or c. �lo�ion of stesin boit�s, steeam pfpes� steam erpinss, a ete�n huM�. Z. Pwp�ph 8. W LMAITS OF II�1sURAt�ICE (�tion �I► is delated ano repl�d by the �� CCNiAMLRGAl4ENERAL i.WB1iJTY �lij/ pN �ITi�df 1M1N1/ I1fi� t0 yW. Of �r � br rou wia� Permi�ton of #►a ownsr, caused !y: fk+a: e�lvsion; N�f- n�g� smolte ros�tg tront sudt fi�e� expio- �on, a Uphb�i: or vwater. Ths t�nupe To Promisea Rsnlec! To You Um� wNl spply io �"p�r� �eh�M► the sart�e "000urnenae", wltsthslr wdt dem- aas t+eauNs fnan: fire� explo�ion► � anoks rowNNp bom suoh fk�, �iotion, or �dnp: or w�lu; or amr cambintlion ot my of qt�e� causss. The Danwpe To Pnmises Rent�d To You Umit vNN bs ths hipfier d: s. �1,000.000; ot b. The amount �tww�f fof ilie �meps To Rromisss Rentsd To You limN in tbe Ded�rNia�s to� thb Canerops Part. 4. Pup�ph �. oitlN dsflMtlon Of'Insurod con- tr�" in 19lfINITt01�1� (NcfioN V) b dekled and �e�pNo�d try tlle foNou�rq: a. A a� tor a laa d pna�k�s. Hvrw wer. tltat palion of tlt� c�oM�sd tor • is�as d pwnb�s tlMt Ind�nt�Ma any ps�on or a�entradion for a,Kn�ps a prembss wlf�se ro�Med to you, ar tempcti- �r «� �► r«+.,� penn� a tr�e owner, cweed ar: Iln; e�pl�abn: �ipbMl�p� anolce �esttlhnp �an 9uch M�s, e�losfon. or N�: or weter is not � "inel#red oontr'qd"; i. Tt�s Pravi�on 1�. does 1�ot eppy K ootierape for Damqs To Premises Rented To Yott W f�Y�tA�E A �ODN.Y �RIURV MD PItOMERTY d11Ml4ci� t.IAYLiTY In CGV- ��s.�n��,e,►� � to this cow�ag. P.�t. 6. MAtIC10W rRO�CtJT10N — BXC�'T10M TO I�NOiWMMGi V104ATWN O!� RIONI: Of AN» OTF�R �7ICI.UQION 7Ae bibwinp is �dded �o ths KIwwN1� Vlol�ien a Rt�Ms ot MeY� ExoluNon in s E�ealu- d�ns ai COVE#A4t B PNtiONAI. MlJIJRY, /►OV�IC1'ItMla N�IJURY AND YYN liTE Nr- JI�ItY LIA�NJ7`1f a� the YIIE� lCTlHD t.IA�M.IT1f E�: 3ubjeat to �. �, �e p�nape To Proe�n- TMo �lat doa not aPPh► m"P� �l�►" iass ReMed To Yow Umk is Me rttost w�s w�1 «� ��• pry unde�r Coverape A for tl�s su�n of aN d�0� b�+� � 'ProP�Ir �Oe" t0 ca os � M Ot O 2ov7 Th. Tn�1w� canp�s, tne. Pa�e 3 ot d Landau Associates, Inc. Geotechnical Professional Services Agreement - 17 - July 2012 ` CITY OF ,:� Federal Way C�M111�RCIAL GENERAL LU4BILITY N. ML�DICAL PAYIiAENT: LqAiT TF�e Medidl Expeose L.irMt sh�N�n N tl�s Dedara- tions for tMs Coverape PaR is irnx�eased to s�o,00a. �. u�c�►s�� su��Yanr PA�Krs Par'praplls 1.b. and f.d. of l�UPPM.El10E�liARY PAYMENTS — t`O�/ERAtiES A ANC B in COY- ii1l110ES (�ion 1� ete amsndAd eS iotl0v�: 1. In Paragraph 1.�.. !he anwunt we wiN psy for a�e oos� a�i a� � tn«�aesa �o �soo. b In Parsgarph 1.d.� tM amount we wiil pay fa Iou� ot eominps � irnxesubd to i500 a day. J. ADL�IiIONAL INSURIED — OMMlR. MANAQER OR LR�3�OR OR PR�E3 ,. w�w a�r n�EU cs.eaon m t� antended to h�duds as � ineursd: MY persnn a a�ntz�bn that you have aprsed la a eat�rewt or epreemaM to indude ae sn ad�tionsl ins�ued on U�s cove�ape part. buC . � b. Only wNh ree�peat to �eDiiRy tor "bodMy ir� lwY" a' "P��'�f► demspe�' tla�E oocurs, or "personel N1jwy" cat�ed by an ottense ConttnNted, BRsr you have entered irrto fhat �nbaot 4r agrssmeat; and On�► it the'bodWY �lu�Y". "ProP�Y �- aae• or "pe�sonat InJurY' !s ce�u�sd. in whole or in �t. bY aets ar omi�ioos ot you or �r psr�o� or organization per- brmtrg uperatlan on your �ieehal% auu�d ari�as oul d ths oa�a�st�ip. rtlaiMenance or uss of tlsat ppd of any premisea leas� to you urxl� fhat co�rad or apresrnent- 2. T.he k�suranoe providad to such ad�ionaf ir�euned w�d�sr this Pfovision J. ia subjed to ttw i�owinp prrovisions: r. The AmMs of Mewanoa M'forded to such additbnal insund sha� be U�e �mlts vrf�ich you a�reed to pravide k► the can- tract or �. or the �nn�s shown in the Ded�aatlons tor thts Covsn�qe Purt. whichsver aro I�s; aitd b. The inswar�e afforded to such auf�tonal insured does ral apply to: (�! �► "�� Mr+�Y" or "proPedY dsm- aps" tMt ood+�s. or "personal hjwY" caused by an olfenae canrr�tted. ai- ter you cease to be a tenanl in thaR p� �.4 os a �--�--� CITY HALL 33325 Sth Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityol(ederalway. com t� Any shuoa,rat eN.ntions, nsM► con- s��ction or dsn101�b11 opstaRlons P� aY or on bNtalt ot auch Bd�Alionai ir�'ed; ot (at an► prombes ror wWd► covanps ts exckxlsa oy a� e�doraemsnt m Wis Covarape Pert. 3. Thb Provblon J. doe� nd �ppt� on any bais to any pereon or o�nlzallon rar v�iCh ooverspe as an adcltlond M�ured �eance�y � oaaea ay snoa,s� «�- do�r�snt to aUs cov«�pe Pot. K. At�t710NAL INtUREA — L�OR OF LEII3ED EQ1�IT t. wH� li �MI N�tJRED ($�atioe q is ame�dsd to inoluds ss an bisured: Ar� paraon ar or�C►Imuon. a►at rou nave apnoed io t coM� or aprosment lu ktduds As iN1 eMdNfonN ineu�sd on 1Ms Covsra� �� b. oM�, wia, re�psd b�abiNy fa "aocWy in- AxY' cc'ProPs�ry dams0e" tMi ooa�s. a' "psrsoFrsl �j�xy" csuaed by an otiar�as cornrniNed� Mer you have ellterod IMo d�st oo�ntreat or �proe�rt; end OMy if 1he "bOdMr �1�ry". �propMy d�m� ape• or "peaond inj�ay' b awsd, In wlwb or Mt psrt. b�r acls ar amlasfons ot l►�+ a � p� � � R� torn�MO op� on yow bdwtf� fn ths n�itKeiMna. ope�allon or uee of squlp- msnt based to you by auch adcl�onN ir� au�ed. L The l�uanoe Provided to auch �dd�lora�l Meurod ur� this Ptavision K. b subjeat �o the MMowinp provfsions: a. b. 1'he HrN� of bwin�oe alfo�cbd ta auah addl�o� N�u�ed slaUl bs U►e INt�s aA�ch You aQtsed !o p�vidr b t!M t�n- traot a ap�esme� or the � aftowrf in the Osdar�qans for fMs Co�v�rop� Pert, whk�eve� a�e 1s�,; snd Ths it�sucanoe afFord�d to srt�clt AddlNonM inswed cloes tiot appy►: t�1 To =>>► �Y �M or "ProDertft de�neps" iMt oocura, or'pa�onN in- 1��Y°' oa�ued b�► an o1Far�se s�rnn� tM. eRa� 111s equipme�►t luaes eoc pire�: or O aar� Th. Yra�s oo�np.�t.., w�o. Ca Di T'� N rl Landau Associates, Ina Geotechnical Professional Services Agreement - 18 - July 2012 ` CITY OF ,:� Fed�ral �- CITY HALL Way 33325 8th Avenue South • PO Box 9718 Federai Way. WA 98063-9718 (253)835-7000 www utyot(ederalway com i=1 It tM rqulpment Mt leased w�h an ope�tor. 3. 1'hk PtoVtabn IC. doeac nd �ppty on a��► bssis to any pKSOn or orpanizalion ior whid� a�v- eraps as an Add�foqal inawrod spedfbaNr is aclded by �a�other e�►dorsemeat to thts Cov- � �• 1.. ADDrT10MAL INiWtED — 3TATl: OR POLITI- Cllt. �U�OIVISION: — PERMtT: It�LATIPK: TO rREMISEd Tho tdlowitg is added tv Par�praph t of YVHO fi I1N �i�lttfl (Mcsiow !q ta indude ss � insurod: My stale or po8ticd subdi�rl�ion iltat h�a �sued a permR in vorniectlon wkh pcembos o�sd or oo- ouD1sA bg►� or ror�ntsd o� loaned to: fia+, but on1Y wlth ie�sd m v.�"'�l �iljwy'�'property dAriispe�� "psrsond injury' or "adverti� Mjury" arisMQ out of Me eocistence. o�wnerohip, t�e, ma�it�teoenae. repair, �on. ereotio� or �emavai of �cNer- tis�p aigns� aiwnirgs, csnopies. ceNat eM�ces, t�oa� noles, d�ive�vsya. ma�,nolss, maiquee�. noisc sVwery► apeMrps, akle�welk vauils, Nevedors, saeet baK�ers ot deoo�atfo�s ior vrttlolt tt�at sta� or paikio� snbdhrisiaa tlas i�sued mudt psrm�. M. ADDiTiOMAL IN�IAtED — STA1'E OR �OU71- c�u.. suevrv�oNS — PEltNqT3 RELATINO TO �U1TiONs Ths foibwkp b sddsd � Pets�sph !. Of W!!C � AN INRtJRED (SeeNon 11 j to indude es an insurad: My stste a pol�1 � Nat haa lsaued a Pem�it, but onhr �h rsspeca to "hodN�+ hjuty"� •prope�ty damepe", "per�ort�i injury" a "aMeAi� inQ inju�" ariain�, o� ot operatbns petbrmad by . you or cn your befiaH fw wbich that sts�e ot po- iidcei aub�ivisfon t�s is�ued �uch psimN. Hov�r ever, no such stala a paAtica�l subdfvision is an i�wed for: 1. "Rod��r hJ�uy". "pivpsrtp c�nape", "pe�sollal Ill�lqy" Or "� 111�fy" �fi�f10 OU1 Qf opaat� pertormed for that stste a political aubdlYf�ion; or z"Bodlly in1wY" a''ProP�Y d�t+ape" kiduded wMMn the "p�oaw#s — oo�et� aperatio�s �d". Ct1MMERCIAL (3ENERAL LIABIUTY N. ADDCTK?NAL W�URED — ARGNTECT, EI�IOI- NEER OR �R ' 1. The foM�AnO is acfArA to Peu�reph L af wHo � � u� cs� �n � �� se sn in�xed: llry ard�ifsd. �qir� or surveYa e�0�ped by or 1ar you d�t you �es in a"oonUaat or aproe�n�t �sq�injl iraurenee' to 4�cluds as a�► �ddidonti inauted fln lhis Covempe PeA, but oniy w1M reepeat to Mabl�y for "bodMy i� . k�Y". "ProP�f� �" � "Pe� �1�M Umt is owsed� in vrhoN or IA pa�t, bf► aGa or omi�aa► of yw ot an�► Pason or ocyaNza- tbrt a�tk�p on yoar beAalf In oorw�sdbn wRh Y�' Premises or "yoe�r wotR'. Z. 7f�s Provislon N. does nol appryl olt a�► bas� Lo a�n�r p�son ur orqattlzation tor wltfdti oow erape ns �n ad�tionu lnswee spsdAalh is added b�r ar�otnsr e�do�ssment to Ws co�- e�eps Psat. O. WHO 1: AN MlitNtED — NEYMI�.Y 14C�ilJIRE� OR FORAAED ORDAIWZATK�Ns 1. Pacapreph Ira. af VYIW IS /1N N3URE0 (�atian �j is dslete�d and t�d by 1he �� a. Covets�s utder Mk provWot� Is affqded onhr un� tns 'IaOtn ay s10er yar aoquf�a or I�vrm the onpn+tr.aion or ths end of th� polic�t psriod, whk�v�r is �arlfsr. M�r sudl nva�AY acqui�d a' [orm�d orpa�izs� tian thit �OU lupott in wriiirlp to us v�thill 1 AO aays Alter you sopuil�s or loim tAs orpsnizstion wN bs covered nndu tlda proVbfon w�il qte end of U�e P�7 ps' �iad, even it thens are moro ttan 180 days romainNp uriEil Ms ettd d the poiicy ' PeiiOd� 2. Thb Provi�bt� O. dosa not appy to any or. g�izatlon (or v�hicl+ c�ov�a� b e�oduded by anotber andotae�rtsnt to �is Coverape Pat. P. WHO � AN N�IOURE4 — UNNAME� �ART- NERif�Mr OR JOMIT Y�NTURE — EX�8 1. 11» la�t p�apt�aph af WH�31s MI 1Ni1Jlt� (lsctiort � is deleted snd tepl�0ed by tlle to�owin�: No per'oa ot o�on ia �n �d with rospva a u�e wnd�+at ot aa�r c�msnt a post p�M��ship. joiad v�nlure or Iin�ed � oomp�t 1hd fs nat'Itowa as �r Aluf�ed In- s�xed M the Catnn�o� Po�cy Dads�a�ioro. co us n � �r c►�oo,m.�c�,�w, �. I.andau Associates, Inc. G�technical Professional Services Agreement - 19 - �aoes a a July 2012 � CITY OF '�.. Federal Way con�M�c� o��a. �u�siunr Howsver, this sxdu�lon 4oss nM epply !o yaa� tfabi�y wi� �aspmcx to yow co�duct ot tne au�ss a.�y a,�,a or pas� parmar- ship a joint ventu�a: ■. Tht+� b nol ahown as s tVamed In�ed in the Comma► Pot�y Ded�rstlons. and �. in whlah rou are � member or partner whera eadt �nd avery one d yan oo- ver� in tt�at joirii w�iuro b an arc�i- tAqural� �estirtg� ar swveyina ftrm. L Thia Provi�oo P. does �tot apP�Y �+�Y p� son or org�tbn tor v�fCh oovetaps is ax ckided by anoflwel' aMor�lsnt to �Is Cov- �aqe Paft. S. The inswrar�e provided by �ft Provisio� P. sAali bs e�coess orrer any v�lt! wnd oolfeatible othor �qu�artoe� whett� ptlrnar�►� eucoess, oo�btqer�t cr on sny c�lher beab. which is ava�able coverinp yolrr qab�ity wkh r+espect to your � or me a� oi any axnent w�st pa�biershfp or pint ve�ure that ia not atwwn �s a Nemed h�ured In Ehe Cottitrtwi Poqc�t Dect��tions �d wt�cd� is � bo such paAnetship o� Jo�►t va�tun. Q!�R PROJECT OENERAi. AOG1tE0ATE �MAIT �. � t o� �rro oF iNSU� �s.cwn � ts de�a�a �na �.cea ny tne �: The Genvral Appre�a�e Urt�t is !hs mo� vre r�l pay for tl�e su�n of: s. � w�d�r Caveraqe e; emd b. Derna�es iiwn "oc,currences" under Cov eiaaqe /A smd for aN msdfcal eupenses oaused by aoddenti unde� CoveKage C whictt cannat be alhibuied a�y/ to opere- tians at � sinpls'Pro)act"- i The foliowkq � edded to LlM17'� OF tN- su�wce ts.ce� w�: A sep�e P�' ProJed Generel Apgtep�e l.imlt applfes to eadt 'pl'oject' for all sums vrfi�an we awurea t�eoomes +ege�ly obliqaiod to ps�y as da�r�es cauaed by "occurt�• �de� Coveraps A and for aN medkaf ex penses caused b�► acddaMs under Covatage C wNch Gan be aWlbuted only to operatlorts at a sirr�le "�xoject', anci th�t �imtt � equal to the am�ouM ot tha Generet Agpregate UmR aho�nn in ttw Dedere�ions ta tlNs Coveraye Pert. �e a ar a �� CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. ciryoifederaAvay. com �Y PaY� made undet Cuve�sOs A tor demspss snd urtder Coverspe C tor msdla�l expenses sheN reduce tAs Par Proj�ct Gsry- eral n�epAte umt ror uiat •projecC', but BtwN not r�duor. a. My othar Per ProJoot aenaal Apqre�ati umK far ar�y ottrer `proieot"; �. Ttb Get�erai Apqrepate LI�N� a e. 't'hs Produt�Con�le�ted Oper�tbns A¢ p+epete t.irnR. TAm INatih �fawn N� d�e DeG�ratia�s for tl� Cov� Part for Esd+ oc�rrorws. D� age To Promissa Rsntsd To You and Medicel Expe�ee �re a�o aubject to U�e Par ProJeot Cisner� /�gce�ete Um� wheri ths Per Pro- jed C�erbcel A�ppr+epete Ltmit sppies. s. l►s usea i� u�e Proviaion ca.: "Proj�ct" me�ns e�n r� wvsy ftoln p�es awned bf► or ranted to yau at whid� ya► w perforr�nirq ops� p�xauant to � oaWMCt or �preement. For !hs purpoees of determin- tnp ths applicsbla apprspate �r�t M i� �cioe. eaoh "proJect' that indudes Promkat inv�kNq tl�e same or oonnscHnp lats. or prenll�s rMhoee oo�nsctlon M M1b�tn�pted ony b�► � �bsst� rosdv+a�►• vvat�wsy or rlpt�,' a-w.y a e r��o�a �n n� �asroa. �,. �'r,rol�"• K. K�� aonc�o� occuR REarCE OR OFFENSE 7tts fo�winp b added to P�spraph L Dufla M TI� Erent o�f Occu�� Olhm�� CWdia �r Eait of C�ClAL �Rll� LIA�.�TY tANGtT10N3 (�ction M: Notloe at an "000utret�co` o0 ot an oR9t�es wl�idf may result in a c�adm must bs �Iven as soon as praaUCaae aRer knvNned�a a u�s '�000u�«�or or affense has been repo�ted to rou. on� of your "exeoutive o(fice�' (� you ar� a corpo�tiooy, a� of yo� p�b�s�s wiw is an indfvidusl (if liou ate a Pg��P)� a�e of your msnapera (N you are a lirnitsd �abi�ly canpan». one of yow huatees vrho is an in�vidual (if �ou are a tna�, ar an "emplayee' (st�ch ss en inxuarwe. loss oort�ol or iblc q�utaper or adrr�iniatrato� desiprteled b�► you ro givs sucn ndioe. Wqwl�e by anY otMr "employed" at an •ooc�u re�ce" or oltsnss doss e�ot in�fy thd you alsu huvs such iu�ovAedps. 0 20d7 nu TnwNn. c«n�w+iw. ino. ca w ri a or Isndau Associates, Inc. Geotechnical Professional Services Agreement - 20 - July 20t2 ` CITY OF ,� Federal � CITY HALL W�� 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www.Wtyof%deralway. com NoUce d an •oocumenos" or o/ an offense v�f�ich m�y rssult N► e clelm wiN be deemed to be qhren as soon 8s practldible t0 uu if H� ylven in �ood faW► e� soon es pra�abte �a your work�er� com- pensedon, acxid�ent,. or neMtn insurar. rnia ap- pNes o�ly if you subsequeMty yiva nouoa of the "oc�' or otfense to ua as saon as prac;ti- c�ble alter you. one of your "exeaitive oflioers" (if Ya+ xe a c�por�ion), o�e of yow' pertneKs wha is an individual (N you aro a per�p), one M Ya� maut� (# y�w aro e IimRed It�btl�► . connpanyj� ons aE your trus6ees who � en tndi�rid- usl (if rou �ne a tn�� or an'empioysa" (auoh as am inaursrbs, bas oo�trot or tislt met�aper or ad- min�aj de�g�at�1 bY You to pivs such natic�e disoovers �t the 'occurrence" or offense may imrdve thb po�cyt. s. tJMN7'ENTIONAL OM18Sl�N 1. TM foqowirq is added to Pa�spraph 8. Rep- r�sMtt�ons of COMMERCW. CiENERAE. L111alUTY CONDlTIONS (�ction 11n: Th� w�inteMfonal o�bq of, or tu�irfte�- iioaai enw M. anY iMotmaiHot� Provfded b'!► you rN�ICh w�e telied upon �t f�inp tl►is pd- icy shall nd Prejdfos Irour r� under d�b aau�eu�ce. � !. This Pr�vision �. does not at�ect our rbht to coNed sdd�fonsl pt�emhan or to sxerdse our riqht at «��ancell�tion or ranrer�eawi) in a000r- dalwe with epplk�bfe fisUranc:e lav�s or fe�t1- INlons. T. 111tAMER O!e TRMISFER OF RIA11T3 O!t �Y Ad/UNBT OTHERa TO tJS �N REqU1RED 8Y CONiRACT OR AOI�EMENT The foNowinp fs added ta Pe�proph �. Transf�r crt' Rfylfts ot �ry A�Mat 01h�s bo W af COIIAIII�RGfAt OENER/w. LIA8�.1'TY COI�I- 7'IONS (S�ction 11l): We vrehro arry ri�Ms of recovsry we may have ��Y P�on or otflsnizutiau� because of payn�erna ws rnske tor "bodiN �7�Y'. "proPenY damepe". 'i�onal injwy' or "adv�ttsioQ &�jury" a�dnp out of: 1. Pr�emfaus o�rrned by yor�, tetnporArYy oc�u- Pied bp You with petrnlasiort a� the awner. � leseed or rer�ted to Xou� � ��SI � P�ed � �. or on your behalt� w�dsr a c�a� or apree��e� v� � person or or�aniza�on; �. "1(our worlc"; or CUMMERCIAL OENERAL UAB�LiT1r 4. "Your produd�". We w�ive U�ese ri�s o�d�I vfiet� �rOa ha�ro apreed to do so as pe�t M a co� a egres- m1,ent entere�d iMryc► by you beta+e, arKi N► dlfeat Vf110i1� � M7VNr �:Jr'7 � »!^`iMo'�7 �� oax�rs, or ifie "pe�'eonal injur�i oltenss or'adver- tisinq In�ay" o� ia camm�t+ed. U. AME�IDED rODIL.Y INJtJRY DEFIKITiON The dettMtion of "ba�Nly injury" in DE.Fl�TIOWi (8�ction V) fe daleled and reple�ced by q1s toMOw- �� '�'��r� •. Physical itarm, indudtna sidcneas tw d�a�es, �ed hy a petsort: , b. Nk�Nal �. Injtiry'or iNr�esa� ar urwdoiat diat►ea�, r�liip a! �t tirr�e 1�n► such ptrysk�t hatm� sk�ess of' �se�e: or c. Cers� bss of snrvioes or deattt � N ar►y tMw kom stich PhYsicd ha�m� 9idviess � d�e�at. V. AIIA� N�iNt1� COMTRACT Di�11T1�N — RA�R011D �IEMEqT �. subpereprepn c. M the detln�lon a'M�eWSa ao►msor m u�s �s«�on v� � de- leted and re�r.ed D1►1hs ioNov�(no: e. Mry eeaement or �ae�se ap�+e�rr� 2. Subperap�h t.(1� M tha de�Nion of 'in- suroa oontracr in oE�pWt1oN� �s�eavn Vj is deleted. yV, J1M�I��p NROp�R1Y DAMAOE DEI�qrIT10N — TANa1B1.E PROPERTY T'h� deAn�ton of `propsrt�r cl�mage" in Dif10N- TIONS (�on Vj is debtei! a�d roPl�oed b!I N�s �oRa�wNtp: 'PrepsrtY dama�a" means: a. Physkai injury �o ta�qible properq►► Ino�udMq aN reonr�Tnp loes of use of that pl�operty. All sucn lost a we sheu as de.rrrea to oocur �t 1M tims � tho P�I injury that cavs�d �; a b. Lvas ot ute of ta�qlbls p�opert�► ibM k not PfrysNydly Mfj�xed. All such loss of us� a1taN bs dssmsd �bo •o�cooury at ths t�ms of �"axur- �� 7YNY W For tho pt�poee� af tltls l�+�nos. isnplGN P�nP- aty doe� not i�d�xfs d�. co us 7� et o7 o aoo� n» Tr�r�+. c«�p.�+�., �►o. P�e 7 a a Landau Associates, Inc. Geotechnical Professional Services Agreement - 21 - July 2012 � CITY OF , �., Federai Way co�nM�RC�, a�w��. �.wwBi�.�nr X. Ths f01�Mng dsffMtbn � added to SECT�N V— DEFMpTiONS: "C�b�ac� ot �preement roquidtp it�autarlae" meaira thot p�t of au�y �ntraa c� a�.ansnt undeir whid� you a� �dred to include a per�on or o�niz��iot� aa an �dd�br►� insured on thl� covera�e Part, prov�ed tneR the "bodNyr iniu7' �eaas oe�a� CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www. cityoflederaM�y. com sr�d'propeAy demope" 000nts� �d the'pe�ec�nM mjuy" is c.uaed ey an o�rense cornmia�ea: a. Afbe� yuu have enterect inio that oontrad or sp�t� b. WNk q�t ps�t ot the contrac� or aar+esn�ent is tn efte�; snd c. �etor�e the end af the po�ay pe�lod. O�Or/ The T�wMns Oarp�a. M1o. CO Oi 1! N 01 Landau As.4ociates, Ina G�technical Professional Services Agreement - 22 - July 2012 Isaac Conlen From: Jay Bower <JBower@landauinc.com> Sent: Monday, July 29, 2013 6:47 AM To: Ed Heavey; Isaac Conlen; Theresa Turpin Subject: RE: Signed PSAs Hello Isaac - I won't be able to generate a letter with my signature until the 5th, when I return from vacation. Hopefully, this email - wi s11 ugfice - _ -- — _ Ed and Theresa are both authorized to sign contracts on behalf of landau Associates. We have an internal contract review process and, so as long as they have followed that proce�s, they are authorized to sign. I will be on my way to the Oregon Coast today, so you may be able to reach me by cell if you would like to discuss further. Jay P. Bower, PE Chief Executive Officer cell 425-218-6269 From: Ed Heavey Sent: Friday, July 26, 201312:48 PM To: Isaac Conlen; Theresa Turpin Cc:1ay Bower Subject: RE: Signed PSAs Isaac: We'll provide you with a letter from our CEO stating Theresa and I are authorized to sign the agreements. Our CEO is out today so I will have to wait until Monday. 1 should have the letter to you early next week. Have a good weekend! Edward 1. Heavey, P.E. • Principal Landau Associates, Inc. 950 Paci�c Rvenue, Suite 515, Tacoma, WA 98402 direct 253.284.4875 • main 253.926.2493 cell 206.390.8742 • fax 253.926.2531 eheavev@landauinc.com<mailto:eheavev@landauinc.com> • www. I a n d a u i n c. co m<http://www. I a n d a u i n c. co m> Landau Associates is proudly car�n neutra! through our sustainable practices and financial support of U.S: based carbon-reduction projects. NOTICE: This communication may contain privileged or other con�dential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: Isaac Conlen [mailto:Isaac.ConlenCa�citvoff_ederalway.com] 1 Sent: Friday, July 26, 2013 11:40 AM To: Ed Heavey; Theresa Turpin Subject: Signed PSAs Thank you for_returning the PSAs to me. I didn't see a written proof of authority to sign included. For whatever reason our contracting policy is strict on this point. For that reason I need same type of corporate document authorizing each of you to sign. Or if that's not possible we need to get an authorized person to sign and provide documentation. Sorry for the headache. Let me know how we need to proceed. I think you have electronic copies of the documents if you need them. Thanks. Isaac z Corporations: Registration Detail� Corporations Division - Registration Data Search LANDAU ASSOCIATES. 1NC. f';:rth��se t)cfciarnents f«r tP�i� (.. f�t'(?(H':lr�<�r� „ UBI Number 600557469 Category REG ProfitlNonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 11/16/1984 Expiration Date 11/30/2013 Inactive Date Duration Perpetual Registered Agent Information Agent Name DENNIS R ST'ETTLER Address 130 2ND AVE S City EDMONDS State WA ZIP 98020 Special Address Information Address City State Zip Gaverning Persons Title President,Trustee Treasurer Trustee Vice President Chairman Secretary Name JOHNSTON , STEVEN HOBBS , DENNIS BOWER , JAY STETTLER, DENNIS HENDRICKSON , KRIS11' IACOB , CI,IN'f' http:Uwww.sos.wa.�� o�,'corps/search_detail.asp�'.' i�l � i—� �� )0� 5 7469 Address EDMONDS , W A EDMONDS , WA EDMONDS , WA EDMONDS . W A EDMONDS , 4VA Page 1 of 2 7/26/20l 3