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AG 13-174 I I RETURN TO: Sla Cy EXT: 2,1 CITY OF FEDERAL WAY LAW DEPAR MENT ROUTING FORM . ORIGINATING DEPT./DIV: CD/PLANNING �nn ,ac,, ORIGINATING STAFF PERSON: pac. "r ...� EXT: 2601 3. DATE REQ.BY: '7728T17 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) U ORDINANCE ❑ RESOLUTION El CONTRACT AMENDMENT(AG#): 13-174 ❑ INTERLOCAL Nctolf drCite OTHER -PROJECT NAME: GEOTECHNICAL 3RD PARTY REVIEW p r NAME OF CONTRACTOR: –AME— (azd C,,„rarV r+ I-19, e k i& 5eJt tc1S .2 ic ADDRESS: 1110 N CREEK PKWY,BOTHELL,WA TELEPHONE 425-864-0517 E-MAIL: FAX: SIGNATURE NAME: -MEG-Set,i& ,(,c,(k t t/J"7 i r- TITLE OFFICE MANAGER EXHIBITS AND ATTACHMENTS:❑ COPE,WORK OR SERVICES ❑ COMPENSATION 0 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 0 RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 001-5200-073-558-60-411 2"d Aevi�w 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED O PROJECT MANAGER 11-s' 17 164k.Ig,l€ ❑ DIRECTOR 7(U/ 7 . -1.6 9M V ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW ER �'fi J,rly Zo7? Int Avg zeta 1. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. C9TRACT SIGNATURE ROUTING XSENT TO VENDOR/CONTRACTOR DATE SENT: My L.7,;-16" DATE REC'D: K c1 2c-'/ ce-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 EPARTMENT ok. 3 Or 2 idel NATORY(MAYOR OR DIRECTOR) CITY CLERK / / 0 , CI1 y ASSIGNED AG# AG# \ - \ ' :, 6,vi 5„, (3-I 1) ❑ SIGNED COPY RETURNED DATE SENT: \, •q.\c‘ Pyli :OMMENTS: 4%. CITY OF- Federal Way CITY HALL 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway coin 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 Wood Environment & Infrastructure Solutions, Inc., a Nevada Corporation (formally AMEC Foster Wheeler) ("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 September 16,2013,as amended by Amendment No. 1,as follows: L 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. 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—AMEC Foster Wheeler -1 - April 2018(3/2017) 4%t. CITU OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 '°"" (253)835-7000 nnv cityoffederalway corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Or By: il ,.m'- ..... 411 / AJI l ' 1 is Fe ell, Mayor ly y lerk, Stephanie trrtney, CMC DATE: iNtIT APPROVED AS TO FORM: E/u....r... , gotvt_ for J.Ryan Call, City Attorney WOOD ENVIRONMENT& INFRASTRUCTURE SOLUTIONS, INC: B -; y�'��r Mark Litzinger, Office Manager DATE:/IA/ , / STA lb OF WASHINGTON ) )ss. COUNTY OF KING ) On this day personally appeared before me Mark Litzinger, to me known to be the Office Manager of Wood Environment & Infrastructure Solutions, 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of os-AP--) r ,2018. 7 ANotary's signature " MEGHAN MCNEIL Notary's printed name � 1 ‹-A\ STATE OF WASHINGTON for t7ie State of Washington. Public in and o NOTARY PUBLIC 2-��`-zv2b MY COMMISSION EXPIRES My commission expires 02-19-20 PSA Amendment No.2—AMEC Foster Wheeler -2- April 2018(3/2017) amec foster wheeler INCUMBENCY CERTIFICATE I, Bradley J. Knight,being the duly appointed Secretary of Amec Foster Wheeler Environment&Infrastructure, Inc. ("Amec Foster Wheeler"),hereby certify that Mark Litzinger is an Office Manager of Amec Foster Wheeler, and,has the authority,to execute the Professional Services Agreement on behalf of Amec Foster Wheeler with the City of Federal Way, for the purposes of providing consulting services. Dated: March 8, 2018 a ��� Amec Foster Why -r E vironment& t, `'' Infrast ture c. • a 5 / L� By: p Secretary „e$ • Vill ®® • Correspondence: Amec Foster Wheeler Environment&Infrastructure,Inc. 1105 Lakewood Parkway Suite 300 Alpharetta,GA 30009 United States Tel 770-360-0600 Tina Piety From: Holmes, Kimmi <kimmi.holmes@woodplc.com> Sent: Wednesday, January 02, 2019 2:50 PM To: Tina Piety; Tamara Fix Cc: Wentworth, Todd D; Doc Hansen; Kari Cimmer Subject: RE: PSA Amendment-Amec Foster Wheeler E&I Attachments: COI 2018-2019 CITY OF FEDERAL WAY.pdf Hi Tina, Attached is our current certificate of insurance. Once some of the policies expire at the end of the month, our insurance broker,Aon,will send out a updated copy once available. Thanks, Kimmi P. Holmes Office Administrator Direct: (425) 368-0908 Mobile: (425) 772-2222 www.woodplc.com wood. From:Tina Piety [mailto:Tina.Piety@cityoffederalway.com] Sent: Wednesday,January 02, 2019 2:41 PM To: Holmes, Kimmi<kimmi.holmes@woodplc.com>;Tamara Fix<Tamara.Fix@cityoffederalway.com> Cc: Wentworth, Todd D<todd.wentworth@woodplc.com>; Doc Hansen <Robert.Hansen@cityoffederalway.com>; Kari Cimmer<Kari.Cimmer@cityoffederalway.com> Subject: RE: PSA Amendment-Amec Foster Wheeler E&I Hello, Seems this amendment was misplaced. My Law Department now needs an update insurance certificate. Could you sent one and I'll get the signed amendment back to you soon. Tina E. Tina Piety, CAP-OM Administrative Assistant II 46, PY een `ederall Way Community Development Department 33325 8th Avenue South Federal Way,WA 98003-6325 Phone:253/835-2601 Fax: 253/835-2609 www.cityoffederalway.com 1 From: Holmes, Kimmi [mailto:kimmi.holmes@iwoodplc.com] Sent: Wednesday, January 02, 2019 10:04 AM To: Tina Piety; Tamara Fix Cc: Wentworth, Todd D; Doc Hansen Subject: RE: PSA Amendment - Amec Foster Wheeler E&I Hi Tina, I don't believe I have seen the executed amendment come through yet. Would you be able to forward this at your earliest convenience?We will be working under this contract in the near future and would like to have it ready for our accounting folks. Thanks for your help and Happy New Years! Kimmi P. Holmes Contract Administrator Direct: (425) 368-0908 Mobile: (425) 772-2222 www.woodplc.com wood. From:Tina Piety [mailto:Tina.Piety@cityoffederalway.com] Sent:Thursday, May 10, 2018 10:55 AM To: Holmes, Kimmi <kimmi.holmes@woodplc.com> Subject: RE: PSA Amendment-Amec Foster Wheeler E&I Hi Kimmi, Thank you and I will forward the executed amendment. Tina From: Holmes, Kimmi [mailto:kimmi.holmes( woodplc.com] Sent: Thursday, May 10, 2018 10:50 AM To: Tina Piety Cc: Doc Hansen Subject: RE: PSA Amendment -Amec Foster Wheeler E&I Hi Tina, Attached is the signed and notarized PSA Amendment No. 2. Can you please forward the executed Amendment when ready? Thanks for your help, Kimmi P. Holmes Contract Administrator Direct: (425) 368-0908 Mobile: (425) 772-2222 2 ''�� co DATE(MM/DD/YYYY) ,4 R" CERTIFICATE OF LIABILITY INSURANCE 04/27/2018 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(les)must have ADDITIONAL INSURED provisions or be endorsed.If a SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this t certificate does not confer rights to the certificate holder in lieu of such endorsement(s). v PRODUCER CONTACT 'p NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 w Houston TX Office (A/C.No.Ext): (A/C.No.), -a 5555 San Felipe E-MAIL ADDRESS: 0 suite 1500I Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 Wood Group USA, Inc. INSURER B: Agri General Insurance Company 42757 fka Amec Foster Wheeler 17325 Park Row INSURER C: ACE Fire Underwriters Insurance Co. 20702 Houston TX 77084 USA INSURER D: American Zurich Ins Co 40142 INSURER E: AIG Specialty Insurance Company 26883 INSURER F: COVERAGES CERTIFICATE NUMBER: 570070956278 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. Limits shown are as requested INSR ADDL SUER -POLICY el-F POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG278/42b5 05/01/2018 01/31/2019 EACH OCCURRENCE $2,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED $2,000,000 PREMISES(Ea occurrence) MED EXP(Any one person) $5,000 PERSONAL 8ADV INJURY $2,000,000 m GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATEcsi $4,000,000 , R POLICY ❑X JPRO- El LOC PRODUCTS-COMP/OP AGG $4,000,000 0 OTHER: o 0 A AUTOMOBILE LIABILITY ISA H25150132 05/01/2018 01/31/2019 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) , X-ANY AUTO BODILY INJURY(Per person) 0 OWNED —SCHEDULED BODILY INJURY(Per accident) a, _ AUTOS ONLY AUTOS r0 HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY _AUTOS ONLY (Per accident) tC — 'C as A X UMBRELLA LIAB X OCCUR X00G24876238009 05/01/2018 01/31/2019 EACH OCCURRENCE $5,000,000 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X(RETENTION$10,000 A WORKERS COMPENSATION AND WLRC64625196 05/01/2018 01/31/2019 X PEATUTE ETH EMPLOYERS'LIABILITY Y/N Work Comp- AOS B ANY PROPRIETOR/PARTNER/EXECUTIVE WLRC64625202 05/01/2018 01/31/2019E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) Work Comp- TN E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— D Archit&Eng Prof EOC100837502 05/01/2017 07/01/2018 Any One Claim $5,000,000_ Aggregate Limit $5,000,000 aa- DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project Start Date: Jul-16-2013, Project Description: On-Call Geotech services, Estimated Contract Price: $39,999. Where required by written contract, City of Federal way is included as Additional Insured as respect to General Liability Policy. The Umbrella policy provides Additional Limits to the underlying General Liability and Automobile Liability Policies. SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED AMEC COMPANIES. N gLi CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way AUTHORIZED REPRESENTATIVE 33325 8th Ave. S Ilm.a Federal way WA 98003 USA ; /"frit / rlr• ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 �., LOC#: '4zo� ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Southwest, Inc. Wood Group USA, Inc. POLICY NUMBER See Certificate Number: 570070956278 CARRIER NAIC CODE See Certificate Number: 570070956278 EFFECTIVEDATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUER LTR TYPE OF INSURANCE INSD W VD POLICY NUMBER EFFECTIVE EXPIRATION DATE DATE LIMITS (MM/DD/VYYY) (MM/DD/YYYY) WORKERS COMPENSATION C • N/A Rwcc64785825 05/01/2018 01/31/2019 work Comp- WI OTHER E Env site/Poll CPL12456119 05/01/2018 05/01/2019 Each Loss $5,000,000 Pollution Aggregate $5,000,000 Limit ACORD 101(20081011 ®2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Southwest, inc. Wood Group USA, Inc. POLICY NUMBER See Certificate Number: 570070956278 CARRIER NAIC CODE See Certificate Number: 570070956278 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured & FKA Named Insureds: Amec Foster wheeler Amec Foster Wheeler E&I, Inc. AGRA Pipeline Professionals, Inc. AMEC AES AMEC Civil, LLC AMEC Construction Management, Inc. AMEC E&I, Inc. Amec Foster Wheeler AES Inc. (formerly AMEC AES, Inc.) AMEC E&E, P.C. AMEC Earth and Environmental, Inc. AMEC Engineering and Consulting of Michigan, Inc. AMEC Environment & Infrastructure, Inc. Amec Foster Wheeler USA Corporation Amec Foster wheeler Programs Inc. Amec Foster wheeler Constructors, Inc. Amec Foster Wheeler E&C Services, Inc. (formerly AMEC E7C Services, Inc.) Amec Foster Wheeler E&I, Inc. AMEC Massachusetts, Inc. Amec Foster Wheeler Martinez Inc. Amec Foster Wheeler North America Corp Amec Foster wheeler Ventures, Inc. (formerly National Ventures, inc.) AMEC NNC USA, Inc. AMEC Nuclear USA Inc. AMEC Offshore, Inc. Amec Foster Wheeler Oil and Gas, Inc. (formerly AMEC Oil & Gas, Inc.) AMEC Paragon Inc. AMEC PLC AMEC Technologies, Inc. Amec Foster Wheeler USA Corporation AMEC USA Holding, Inc. OEST Associates, Inc. Amec Foster Wheeler Kamtech, Inc. (formerly AMEC Kamtech, Inc.) MACTEC Engineering and Consulting, P.C. North American Shared services (NASS) QED international LLC Rider Hunt International USA, Inc. Terra Nova Technologies, Inc. (TNT) oil & Gas US, Central & South America Wood Group USA, Inc. Wood Group Alaska, Inc. Wood Group PSN, Inc. Altablue, Inc. Cape Software, Inc. BMA Solutions, Inc. Global Performance, LLC John Wood Group PLC RWG (Repair & Overhauls) USA, Inc. SgurrEnergy, Inc. Ingenious, Inc. Mustang Process and Industrial Mustang International, LP Mitchell's oil Field services, Inc. C.E.C. Controls Company, Inc. Wood Environment & Infrastructure solutions Inc. ACORD 101(2008l01) ©2008 ACORD CORPORATIO .A rights reserve . The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 _ LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Southwest, Inc. Wood Group USA, Inc. POLICY NUMBER See Certificate Number: 570070956278 CARRIER NAIC CODE See Certificate Number: 570070956278 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured & FKA Formerly Known As: AMEC Foster Wheeler Environment & Infrastructure, inc.(formerly AMEC Environmernt & Infrastructure, Inc.) wood Group Mustang, Inc. Wood Group Kenny, Inc. wood Group Management Services, Inc. ODL, Inc. wood Group Production and Consulting Services, Inc. wood Group PSN Commissioning Services, Inc. Wood Group PSN Lease Maintenance & Construction, LLC DSI Deepwater Specialists, Inc. Caliber Services, LP Infinity Construction Services, LP Infinity Maintenance Services, LP United Electrical & Instrumentation, Ltd. Brazos M&E Ltd. Elkhorn Holdings, Inc. Elkhorn Construction, Inc. Elkhorn Pipeline Services HOAD ProSafe Dynamic Services ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD wood. Wood Environment&Infrastructure Solutions,Inc. 1105 Lakewood Parkway,Suite 300 Alpharetta,GA 30009 USA T:770-360-0600 www.woodplc.com April 16,2018 Subject: Change of Name Dear Valued Client; We are pleased to inform you that our name was changed on April 16,2018,from Amec Foster Wheeler Environment& Infrastructure,Inc.to Wood Environment&Infrastructure Solutions,Inc. Please be advised that this is a change of name only.Our federal tax identification number(FEIN)and our Dun&Bradstreet number(DUNS)will remain the same. Likewise,there is no change in the invoice payment address. This name change is administrative in nature,and we assure you that we will continue to maintain the current resources, contracts,and other existing services you have with Amec Foster Wheeler.We will continue to provide the same quality of services and the same dedicated team of consultants,project managers,engineers,and scientists to your projects.Our focus remains on delivering projects safely and successfully for you. Effective,April 16,2018,our business correspondence will reflect the Wood Environment&Infrastructure Solutions,Inc. name.If your company requires changes to our contract documents,or has any other procedural requirements,please advise at your earliest convenience and we will work with you to process any required documentation. If you have any questions regarding the name change,please contact melissa.brochu@woodplc.com.Thank you for your business,and we look forward to continuing to serve you. Sincerely, Wood Environment&Infrastructure Solutions,Inc. a/4/41 W. :7;rf Ann Massey President&CEO 'Wood'is a trading name for John Wood Group PLC and its subsidiaries • • • RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: ' LAi-J f,4 C 2. ORIGINATING STAFF PERSON: -_--- &,-L.. 4. EXT: 2&V3 3. DATE REQ. BY: AS A I::> TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 6 NAME OF CONTRACTOR: ADDRE� E -MAIL: SIGNATI 3 TELEPHONE Lf LS FAX: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRAC AMENDMENTS ' 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: (..Z30 1 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE PP VED • PROJECT MANAGER I ' :n f S • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) &i.AW 7 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING�� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# ❑ SIGNED COPY RETURNED 04 1 Him 1R,� DATE SENT: COMMENTS: :r ha ya F d A-y- c d ni{ ar.7 �-�.5 rye r t.✓� d T 1�/ n �✓'aci*��S- j r OF t)� 7 11/9 1 Clot c va 4(e a�n r , y �s � 3 <« ( o✓ a � � C U V� /�dC '� � CITY OF CITY HALL 33325 ,'�._.. Federal Way 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffedera/way com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY GEOTECHNICAL ENGINEERING REVIEW AND EVALUATION This Amendment ( "Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and AMEC Foster Wheeler, a Consulting Firm ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for third party geotechnical engineering review and evaluation ( "Agreement ") dated effective September 16, 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, AMEC Foster Wheeler - 1 - 1/2015 CITY OF CITY HALL ,,.AV*.;, Federal U►1V'ay 253 835- 7000ue South Federal Way, WA 98003 -6325 www cityoffederaM ay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: (: rz� erA17, May r DATE: 4q)] ATTEST: . ►� �i'� l . 1. I Il.,ul �: APPROV D T FORM: 1pf City Attorney, Amy Jo Pearsall AMEC FOSTER WHEELER By: / Y Printed Name and Title: O, DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF b On this day personally appeared before me me� S � to me known to be the Off LIB (IiICE.V1GtG J1 of AMEC Foster Wheeled' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this SO'- day of ,),t r ,vi1� , 2015. ,�,���NN1�{� Notary's signature t4 4* �/,y Notary's printed name arn�j til 'f�S -*1S t' Notary Public in and for the State of Washington. My commission expires OCI -01- ZU IT , AMEC Foster Wheeler - 2 - 1/2015 amec foster wheeler Incumbency Certificate 1, Bradley Knight, being the duly appointed Corporate Secretary ol.'Amec Foster Wheeler Environment & Infrastructure. Inc. ("Arnec: Foster Wheeler"), hereby certify that Meg Strong is an Office Manager of Amec Foster Wheeler and has the authority, to execute the Professional Services Agreement on behalf of Amec Foster Wheeler with the City of Federal Way, for the purposes of providing consulting services. Dated August 10, 2015 Amec Fost& 341ecler Environment & Infrastructure, Inc. by Corporate Secretary Corporations: Registration Detail Page 1 of 1 AMK FOSTER WHEELER ENVIRONMENT & INFPASTRLX UREr INC UBI Number 601550507 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation- NV WA Filing Date 06/03/1994 Expiration Date 06/30/2016 Inactive Date Duration Perpetual Registered Agent Information TOEVS, STEVEN Agent Name CT CORPORATION SYSTEM Address 505 UNION AVE SE STE120 City OLYMPIA State _ WA ZIP 98501 Special Address Information Address city State....... Zip GoronkigPawm Title Name Address Director NAYLOR , SIMON 10777 CLAY ROAD HOUSTON, TX 77041 Director TOEVS, STEVEN 111 DUNSMUIR STREET VANCOUVER BC V66 SW3 CANADA, FO 00001 Presiden4Chairman ,Director LOGAN , THOMAS 250 ROYAL PALM WAY STE 308 PALM BEACH, FL 33480 Secretary KNIGHT BRADLEY 1105 LAKEWOOD PKWY ALPHARETTA, GA 30009 Treasurer KENDALL, SHERRILL 1105 LAKEWOOD PKWY STE 300 ALPHARETTA , GA 30009 http: / /www.sos.wa.gov/ corps /search _ detail.aspx ?ubi = 601550507 8/4/2015 RETURN TO: r.,ca -t EXT: 2-a c43 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 913 4. TYPE OF DOCUMENT (CHECK ONE): 13 • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT - - - - -n PROFESSIONAL- SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT -_ -' 0-GMDS AND SERVICE AGREEMENT - ❑ HUMAN SERVICES/ CDBG n REAL ESTATE DOCUMENT _ _ __ ___ _ _ _0_SECIIRITY DOCIMENT (F G_BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL • OTHER 5. PROJECT NAME: cam_ r Pnt 'M Cis 6. NAME OF CONTRACTOR: L ' ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: R SCOPE, WORK OR SERVICES U COMPENSATION RI INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: -K£ C vc'j ot� COMPLETION DATE: w bolts 4 9. TOTAL COMPENSATION $ 3 l 1 ! ` � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: RYES ❑NO IF YES, MAXIMUM DOLLAR AMOUNT: $ NIA IS SALES TAX OWED & YES ❑ NO IF YES, $ PAID BY. VCONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW • PROJECT MANAGER • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED w� OWN } r COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DNI'E SENT: _ DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • LAW DEPARTMENT • SIGNATORY (MAYOR OR DIRECTOR) WCITY CLERK W ASSIGNED AG# P-SIGNED COPY RETURNED COMMENTS: INI 'IAL /DATE SIGNED - - - - -- DATE SENT: a� fi 11/9 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederahvay. com PROFESSIONAL SERVICES AGREEMENT FOR 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 AMEC Environment and Infrastructure, a consulting firm ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: AMEC ENVIRONMENT AND INFRASTRUCTURE: I CITY OF FEDERAL WAY: Stephen Siebert, Associate Geotechnical Engineer 11810 North Creek Parkway North Bothell, WA 98011 T: 425- 368 -0937 F: 425- 368 -1001 stephzov, iebe_rtectmec_e—o"K- The Parties agree as follows: Isaac Conlen, Planning Manager 33325 8h Avenue South Federal Way, WA 98003 -6325 T: 253- 835 -2643 (direct line) F: 253- 835 -2609 8.?/7/15. 1. I= . 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. §JJL) =. 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 date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality, or the ease of its discovery. 3. 10. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. AMEC Professional Services Agreement - 1 - July 2012 CITY OF Federawad l CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www dtyoffederahmycom 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 Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non- A221g2riation 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. 1�1 1 ►.� t► I I R 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. The Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is 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 AMEC Professional Services Agreement -2- July 2012 CITY OF CITY HALL 33325 '�._., Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.c tyotfederahwy.corn shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts, or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 ,Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. RJ§,„Cfj. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non - owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors, or omissions of the Contractor. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool, coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial, general liability insurance policies. Concurrent with the execution of this Agreement, the Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C," and incorporated by this reference. , the Gentineter shall Fwni .46, 8/ -7113 pekeies. 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. AMEC Professional Services Agreement - 3 - July 2012 A CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) w. 835 -7000 ww atWoffederatway. com 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. 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. =HX,Z&92=. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material which may be produced or modified by the Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. . 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. MZUMMJCODJUACJ OR 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 sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. E"J OF -INTEREST. It is recognized that the Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. The Contractor agrees to resolve any such conflicts of interest in favor of the City. The Contractor confirms that the Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. AMEC Professional Services Agreement -4- July 2012 CITY of CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 wwtW&(253) 835 -7000 w. a deralway. corn 12. FdOUAL 0PP0BJJM , LOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by the Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13.1 Intemretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi¢nment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards, and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. AMEC P ro f e s s i o n a l Services A g r e e m e n t - 5 - July 2012 CITY OF CITY HALL A Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cnWffederahmy. corn 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference, or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then the suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington, and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execgtigt�. 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.) AMEC P r o f e s s i o n a l Services A g r e e m e n t - 6 - July 2012 CITY OF Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyotfederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: rax" mcf )� -U&M Skip Pries , Mayor City Clerk, Carol McNeilly, CMC DATE: R - I L0 - 10 AMEC ENVIRONMENT AND INFRASTRUCTURE By: S Siebert, Associate Geotechnical Engineer DATE: 81¢ /3 STATE OF WASHINGTON ) ) SS. COUNTY OF APPROVED AS TO FORM: City Attorney, Patricia A Richardson On this day personally appeared before me Stephen Siebert, to me known to be the Associate Geotechnical Engineer of AMEC Environment and Infrastructure 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 ' + � ��, at- 6U►- . GIVEN my hand and official seal this i y day of 2013. HAN s s �Z 1114"'o Ole WNS v Notary's signature Notary's printed name Notary Public in and for th��11e Stat of Washington. My commission expires A— 61 - X1'7 AMEC Professional Services Agreement -7. July 2012 ` CITY OF CITY HALL 33325 8th Avenue South • Box 9718 Fe d e ra I Way Federal Way, WA 98063 -9718 18 (253) 835 -7000 www. atyoffederaMvy. com EXHIBIT "A" SERVICES The Contractor shall provide on -call licensed wetland/stream consulting services to the City, as requested by the City. Upon identification of a project by the City, the Contractor will prepare a Scope of Service and Budget for the project, to be negotiated and agreed to by both parties. Typical services that may be requested under this Agreement include, but are not limited to, the following: 1. Third Party 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 Building Plans. The Contractor will evaluate building plans submitted by city applicants for consistency with building code requirements. 3. Additional Seises 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 recommendations regarding landslide repair to a public facility. AMEC P r o f e s s i o n a l Services Agreement - 8 - July 2012 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063 -9718 18 (253) 835 -7000 www. atyofiederaMw 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. AMEC FEE SCHEDULE Per Section VII of the RFQ, subsection A), AMEC proposes to complete our geotechnical services on a time and expenses basis. Proposed unit rates and expenses that will typically be used for our services are summarized as follows: Staff Engineer / Geologist .................................... ............................... $115/hour Senior Engineer /Geologist ................................. ............................... $140/hour Associate/Project Manager ................................ ............................... $160/hour Principal/Senior Review .................................... ............................... $195/hour Clerical/ Admin ..................................................... ............................... $70/hour CAD................................................................... ............................... $105/hour Other direct expenses (subcontractors, lab tests, etc.) ............... Cost Plus 15% Mileage................................................................ ............................... IRS Rate 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 performing the Services shall include postage, UPS/ FedEx, incidental copy charges, and other reasonable costs; provided however, that such costs shall be deemed reasonable at the City's sole discretion. Any conflict between the above fee schedule and Table 1 shall be resolved in favor of Table 1. Table 1 Reimbursable Cost Mileage Current IRS Rate Reimbursable Expenses Actual Cost without Mark -Up AMEC Professional Services Agreement 1 -9- July 2012 CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 goo"k Federal Way. WA 98063-9718 Fe d I Way (253) 835-7000 www cityoffederalway com EXHIBIT "C" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE tS 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 INSURERM AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the c;r0M*-7W&-r% an ADDITIONAL INSURED, the pol"les) muA be eadorsaii, N SUBROGATION IS WAIVED, sUbject to the turns and conditions of the policy, certain policies may require an endoy semefft. A statement on this certificate does not confer rights to the 'Cate holder in Hen of such endorsement(s). cartir PROM)CER Aon Risk Services Northeast. Inc. Morristoom K] Office WEACT 73.22 FAX 600-363-OI05 I 44 Whippany Road, Suite 2Z0 Norristown N3 07960 USA INSURMStAFFORDWGOOVERAGE MAC 0 01SURED INSURERA: Zurich American Ins Co 16$35 ANEC Environment & Infrastructure, Inc. 11210 North Creak Parkway N. Bothell WA 98011 USA OASURERS: American Zurich ins C* 40142 SOURERC: ACE American Insurance company 22667 160RER011 SIGURERE: ONMERC �qn oim-2oio AcoRD coRPORATM. All rights raserv&d. ACORD 25 (MO(05) The ACORD name and logo at* registered marks of ACORD AMEC Professional Services Agreement - 10 - July 2012 Incumbency Certificate I, David K. Baxter, being the duly elected and acting Assistant Secretary of AMEC Environment & Infrastructure, Lie. ( "AMEC "), hereby certify that Stephen Siebert is an Associate Geotechnical Engineer of AMEC and, has the authority, on behalf of AMEC, to execute the Professional Services Agreement between AMEC and the City of Federal Way, for the purposes of providing consulting services. Da,`%H�t11�,W013 AMEC Environment & Infrastructure, Inc. by Assistant Secretary IWO