Loading...
AG 15-144RETURN TO: PW ADMIN EXT: 2700 ID #: 5101 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /D1V: PUBLIC WORKS / fSf/ /f i/. ret /44,A5akair 2. ORIGINATING STAFF PERSON: 74-* .2)atie,67TJ - EXT: 17c3 3. DATE REQ. BY: i /,S�,1p,/7 3. 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 x CONTRACT AMENDMENT (AG #): /5- /yy ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: LIA#02 pg 3 ('j k.. AhrnOE7✓r A ivie ,A..I 5. NAME OF CONTRACTOR: Alicaeof A7IllueoNMEWDk. CaNSULfJ 'S JA/G. ADDRESS .PA-77/ kei Ai, //001 a-A77 1/,41 y$ /1/ / TELEPHON V%' - 90 db /,1410 E-MAIL: L4rf� FAX: (ZOL 5-'Y!- MOP SIGNATURE NAME: %7,424 jlaQ6 TITLE: 04A< i36riJ- 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE j' ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /.AMENDMENTS CFW LICENSE #5/0-t? ?Z- OO4- 00BL, EXP. 12/31//1 uBI #60x633936 , EXP. /5-I/ I$ 7. TERM: COMMENCEMENT DATE: XL), 3; Z0/r- COMPLETION DATE: $ /1/4O/1 8. TOTAL COMPENSATION: S a/5y G� f 3//91. = 135-(,65- (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 PROVIDED ❑ PURCHASING: PLEASE CHARGE To: Ye/ -J/OO- 630- 6'2- ft-yro y /isaZ -15-060 9. DOCUMENT / CONTRACT REVIEW INITIAL REVIEWED INITIAL / DATE APPROVED /1ATE Ii( PROJECT MANAGER 71) L 2X7, ((2. q DIVISION MANAGER v-�j sl l� DEPUTY DIRECTOR COL, 1'7 yy. DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) / LAW DEPT 6 6/6 (I % 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 4 COUNCIL APPROVAL DATE: �/ " 11. CONTRACT SIGNATURE ROUTING / /�,///1 % /�/ SENT TO VENDOR/CONTRACTOR DATE SENT: (141 7 DATE RECD: l(C` 1L-{ { ` TTACH: 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 C T ("lilt X LAW DEPT ill ( / 1 al y, SIGNATORY (MAYOR OR DIRECTOR) On il' � p `ap CITY CLERK MICritt, � U/ y4ASSIGNEDAG# AG# , ,- ', -j° 1-...„, "SIGNED COPY RETURNED DATE SENT: O1,-2 f - - RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS 10 feAeMfG/r7a 0,6‘,24/4L Ai h Ada! Attani4 Ai,1.4) L IMG .4- 19-+1 4.1 Catv"Pt4.-34* 0 e-' 4/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cilyoffederalway com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR UPPER JOE'S CREEK WATERSHED NUTRIENT REDUCTION This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Herrera Environmental Consultants, 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 the Upper Joe's Creek Watershed Nutrient Reduction ( "Agreement ") dated effective July 3, 2015, 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 August 31, 2017 ( "Amended Term "). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A -2 attached hereto and incorporated by this reference ( "Additional Services "). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 3/2017 CITY 4F 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 FEDER • L WAY: By: Jim Fe DATE: , Mayor rrr 640/i ATTEST: S't'phanie Courtney, CMC, C ty Clerk APPROVED AS TO FORM: -Q,i J. Ryan Call, City Attorney HERRERA ENVIRONMENTAL CONSULTANTS, INC.: By: kS7u-s0 Theresa Wood Title: Vice President Date: (.1- /2d/1- STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me Theresa Wood, to me known to be the Vice President of Herrera Environmental Consultants, 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 7"'&y of AMENDMENT ,2017 Notary's signature OWN Notary's printed name ■Mirlf ff.. - Not. 'ublic in and for the State of My commission expires O6 /a ashington. - 2 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com EXHIBIT A -2 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Task 5.0 — Public Meetings and Outreach Support The Contractor will attend and provide technical support for three public meetings. AMENDMENT - 3 3/2017 CITY OF x: Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Four Thousand One Hundred Fifty -Four and 00 /100 Dollars ($4,154.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Thirty -Five Thousand Six Hundred Sixty -Five and 00 /100 Dollars ($35,665.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Upper Joe's Creek Watershed - Amendment 2 Number of Tasks: 1 Task 5.0 Public Education and Outreach TOTAL COST SUMMARY Labor $ 4,068 $ 4,068 Travel $ 86 $ 86 GRAND TOTAL $ 4,154 $ 4,154 COST ITEMIZATION Labor (2016 rates) Personnel Rate/Hour Hours Cost Hours P6 Zisette, Reginald Scientist VI $ 205.92 12 $ 2,471 12 $ 2,471 P5 Ahearn, Dylan Scientist V $ 194.39 3 $ 583 3 $ 583 P3 Catarra, Gina Scientist III $ 120.03 3 $ 360 3 $ 360 P3 Svendsen, Alexander Scientist III $ 110.93 3 $ 333 3 $ 333 P2 Matsumura, Kristen Engineer II $ 106.86 3 $ 321 3 $ 321 SUBTOTAL LABOR (Burdened Labor) 24 $ 4,068 24 $ 4,068 s TRAVEL COSTS Unit Cost Units Cost Units Cost Auto Use I Mile I $ 0.54 160 I $ 86 160 I $ 86 SUBTOTAL TRAVEL $ 86 $ 86 AMENDMENT - 4 3/2017 Client #: 12725 EXHIBIT C HERRENVI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURED Herrera Environmental Consultants Inc 2200 6th Avenue #1100 Seattle, WA 98121 CONTACT Eli NAME: zabeth Olson PHONE 800 499 -0933 (A/C, No, Ext): (A C, No): 866 577 -1326 E -MAIL ..—abeth.olson@propelinsurance.com ADDRESS: @p elinsurance.com p INSURER(S) AFFORDING COVERAGE NAIC i INSURER A : Ironshore Specialty Insurance 25445 INSURER B : SAIF Corporation 36196 INSURER C : Ohio Security Insurance Company 24082 INSURER D : INSURER E : INSURER F : COVERAGES 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. LT A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR C GE 'L AGGREGATE LIMIT APPLIES PER: POLICY PRO - JECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X ADDL INSR X SUBR WVD POLICY NUMBER (MM /DDY/YYYY) 000826907 SCHEDULED AUTOS NON -OWNED AUTOS BAS1656989902 X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE B A DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 000827007 Incl. PL & Poll N/A 11/24/2016 POLICY EXP (MM /DD/YYYY) 11/24/2017 LIMITS EACH OCCURRENCE $1,000,000 RR uilgineaENTE °nee) $1,000,000 MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 11/24/2016 11/24/2017 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 11/24/2016 11/24/2017 EACH OCCURRENCE AGGREGATE s4,000,000 s4,000,000 857188 OR 000826907 WA STG 11/24/2016 11/24/2017 X PER STATUTE OT- ER 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 & Pollution 000826907 11/24/2016 11/24/2017 $1,000,000 Occurrence $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Herrera Project No. 14- 05937 -000 Project Name: Upper Joes Creek Watershed Nutrient Reduction City of Federal Way is added as Additional Insured per attached form(s) & /or endorsement(s) CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 9th 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 I 6-),01 0 ) ACORD 25 (2014/01) 1 of 1 #S2740985/M2508982 © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FAROO This page has been left blank intentionally. 000826907 ( RONSHORE yew safe6.6r Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26, 34 and 36 of form SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization; and d. Coverage under this policy does not apply to damages arising out of any act, error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) above; or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (f) (g) a. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. a. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. Other Insurance If other valid and collectible insurance is available to the insured for a Toss we cover under this policy, our obligations are limited as follows: a. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 5. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. This page has been left blank intentionally. COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE — BROADENED COVERAGE 10 GLASS REPAIR — WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE — ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee ". 9. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee ". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto ", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured ". However, such person or organization is an "insured ": (1) Only with respect to the operation, maintenance or use of a covered "auto "; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos ": a. You hire, rent or borrow; or CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident ", we will also cover the actual loss of use of the hired "auto" if it results from an "accident ", you are legally liable and the lessor incurs an actual financial Toss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee ". For the purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks ", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss ", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto ". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION 111 — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto "; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss ", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan ", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto ", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto ", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss ". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss ". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V — DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 5 of 7 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or Tight weight truck with a gross vehicle weight of 10,000 lbs. or Tess as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured "; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident ", claim, "suit" or "loss ", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss ", our rights are waived also. CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit ", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 7 of 7 This page has been left blank intentionally. RETURN TO: MERCEDES EXT: 2701 ipt45b 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Scfi�iiliel. 1a 440/60109V` - 2. ORIGINATING STAFF PERSON: 7 i.y 22atQl‘ EXT: 1753 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT 3. DATE REQ. BY: .7 /; (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG #): /4 = /i/f ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: U ,We t € ate'— ma=y✓ 6. NAME OF CONTRACTOR: 1/0T661 aw,la✓,efovfL Ca egaa ✓r4 /.✓G ADDRESS: f$0O J / /i t44/ f'i1L' ! /00 john, ail 9v2 /-, 'f TELEPHON , ,'jpb M. 908v E -MAIL: A/Saf7L&FeateIAl iNL. CAM FAX: SIGNATURE NAME: "The as 2. Wed '1 TITLE: 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES QS. COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: TLt19 3t 2145 COMPLETION DATE: /yyW 30/ 2e17 9. TOTAL COMPENSATION: $ fysygi- /443 - 43, S7/ (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: t'0 /- 3,00 - 430 -VZ - "fiba '///5V2 - Z516O 10. DOCUMENT / CONTRACT REVIEW INITIAL / D T REVIEWED INITIAL / DATE APPROVED pr PROJECT MANAGER �� -- 3� t DIVISION MANAGER ❑ DEPUTY DIRECTOR tc( DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 7C LAW DEPT 3 1up 11. C,0UNCIL APPROVAL (IF APPLICABLE] COMMITTEE APPROVAL DATE: IJot r('�Q (v 1.4,4w Cfr I,�/ co.acrA.ck -r if rJ %-5. • An 12. CONTRA& SIGNATURE ROUTING /�j ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ` ` (f/ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS .61114 LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR 011 DIfREE'TI4R) CITY Vz_ASSIGNED AG # 14,SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: Ex CUTE " " ORIGINALS COUNCIL APPROVAL DATE: DATE REC'D: / I w ^ Anns.n.1s1e..r -( Inc_ r -c Se- eS W� r *ve a h.4ef ov■ Q j5 1 1/15 44■444■4‘ ©F deral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederalway corn AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR UPPER JOE'S CREEK WATERSHED NUTRIENT REDUCTION This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Herrera Environmental Consultants, 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 the Upper Joe's Creek Watershed Nutrient Reduction ( "Agreement ") dated effective July 3, 2015, as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A -1 attached hereto and incorporated by this reference ( "Additional Services "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 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] AMENDMENT 1 1/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: DATE: ATTEST: lerk, Stephanie Courin= , CMC APPROVED AS TO FORM: 42, r City Attorney, Amy Jo Pearsall HERRERA ENVIRONMENTAL CONSULTANTS, INC. By: Theresa Wood Vice President DATE: 3/24 /Loeb STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Theresa Wood, to me known to be the Vice President of Herrera Environmental Consultants, 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 2( day of 14(1 ife t___, , 204 1 / Notary's signature 1 ` 1 v ix. L. ,3„, Notary's printed name 1;1,1 Not ublic ' and for the Stat e (,ojf /Washington. � . My commission expires V3 ? AZ/ E. L1 � N a ®F,.. wd V'AS�L' AMENDMENT - 2 - 1/2015 4■1.k!._ Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn EXHIBIT A -1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Task 4.0 — Data Management The Contractor will provide data quality review and management of water quality and flow data in accordance with the Ecology- approved Quality Assurance Project Plan (QAPP) prepared by Herrera for the project. The City will provide the data to Herrera in a timely manner to meet the review and reporting schedule specified in the QAPP. As specified in the original agreement for Task 2.0, the Contractor will provide data quality review of the water quality data and summarize the review findings in data quality worksheets according to the QAPP. Data quality review findings of concern and any limitations on the use of data will be summarized in the Data Report. The Contractor will compile all water quality data collected in the field by the City and reported by the analytical laboratories (IEH and Spectra) in a project database consisting of an Excel spreadsheet. The Contractor will coordinate with the City and the laboratories as necessary to address any identified data quality concerns. Data revisions and quality control flags added by the data quality review will be entered into the database. The Contractor will also review the database for proper units, significant figures, and data entry errors according to the QAPP. The Contractor will perform statistical analysis of the water quality data to evaluate spatial differences in nutrient and bacteria concentrations by seasonal flow type (i.e., summer base, winter base, and winter storm) using statistical tests described in the QAPP. The Contractor will conduct a site visit on one day with the City to inspect flow gauging equipment installations at three flow monitoring sites. The Contractor will train City staff on proper procedures for equipment installation and maintenance and discharge measurement to ensure accurate flow data collection. The City will provide Herrera with Excel spreadsheets of gauging and discharge measurement data for the three flow monitoring sites, and precipitation data from one rain gauge. The Contractor will import the hydrologic data into Aquarius® software for data auditing and management. The Contractor will conduct a data quality audit of the flow and precipitation data, and correct and flag data according to the QAPP. The Contractor will calculate nutrient and bacteria loading rates for the three gauging stations according to methods described in the QAPP. The Contractor will use the Simple Method to estimate nutrient and bacteria loading rates for all subbasins in the watershed as described in the QAPP. Results will be compared in summary tables and figures for presentation in the data report (Task 2.0). Assumptions • The City will provide all pertinent data in Excel spreadsheets as requested by Herrera. • The site visit and training will be conducted within one 8 -hour day. Deliverables and Schedule • Site visit by March 31, 2016. • Data review and management within 2 weeks of receiving data from the City. AMENDMENT 3 1/2015 im■•• Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Sixteen Thousand Nine Hundred Sixty -Three and 00 /100 Dollars ($16,963.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Thirty-One Thousand Five Hundred Eleven and 00 /100 Dollars ($31,511.00). 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Upper Joe's Creek Watershed - Amendment 1 Number of Tasks: 1 Task 4.0 Data Management TOTAL COST SUMMARY Labor $ 16,949 $ 16,949 Travel $ 14 $ 14 GRAND TOTAL $ 16,963 $ 16,963 COST ITEMIZATION Labor (2016 rates) Personnel Rate/Hour Hours Cost Hours P6 Zisette, Reginald Scientist VI $ 205.92 15 $ 3,089 15 $ 3,089 P5 Ahearn, Dylan Scientist V $ 194.39 24 $ 4,665 24 $ 4,665 P3 Catarra, Gina Scientist III $ 120.03 18 $ 2,161 18 $ 2,161 P3 Svendsen, Alexander Scientist III $ 110.93 48 $ 5,325 48 $ 5,325 P2 Matsumura, Kristen Engineer II $ 106.86 16 $ 1,710 16 $ 1,710 SUBTOTAL LABOR (Burdened Labor) 121 $ 16,949 121 $ 16,949 TRAVEL COSTS Unit Cost Units Cost Units Cost Auto Use I Mile I $ 0.54 25 1 $ 14 25 1 $ 14 SUBTOTAL TRAVEL $ 14 $ 14 AMENDMENT 4 1/2015 RETURN TO: EXT: A 7713 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 011 n 2. ORIGINATING STAFF PERSON: �Ax 51m alt- EXT: G� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ 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: O Pf� ��� CS Cf?Ef�(— kA77V)' �E9 d VTr1 C1-E kcal fi O ev 6. 8. 9. NAME ADDRES E -MAIL SIGNATURE NAME: EXHIBITS AND ATTACHMENTS: Cg-S<COPE, WORK OR SERVICES ICOMPENSAT�ION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS IB'PROOF OF AUTHORITY O SIGN �IZEQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW L[CENSE # 15 6OXI BL, EXP. 12/31/ U B I # EXP. TERM: COMMENCEMENT DATE: Uf 0 �l re('k! !P � '4 k[- tee COMPLETION DATE: TOTAL COMPENSATION: $ i I S�rJ (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 JB iY:( ❑ CONTRACTOR ❑ CITY El p PURCHASING: PLEASE CHARGE TO: 1 0 ® Q"bo r l� 4' V T 6 ''L i l ✓" ��� 10. DOCUMENT/ CONTRACT REVIEW /-a-'PROJECT MANAGER %Z IVISION MANAGER ii [DEPUTY DIRECTOR wl,e a /DIRECTOR � ❑l "K MANAGEMENT (IF APPLICABLE) " 4I Ito `"`'W DEPT (12`1-f 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED -I-Yze�tt-c� COUNCIL APPROVAL DATE: 12. CON_T�T SIGNATURE ROUTING ]Gj j /) 5 7 SENT TO VENDOR/CONTRACTOR DATE SENT: 6 ` �` DATE REC'D: �� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS Itl$D /LAW DEPT ❑ CHIEF OF STA '7/ SIGNATOR (MAYOR R DIRECTOR) 7� CITY CLERK ASSIGNED AG # ASIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL �- Mrs COMMENTS: i e r i s ova Pb� 6�5� �s 1115 CITY Of CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiway coin PROFESSIONAL SERVICES AGREEMENT FOR UPPER JOE'S CREEK WATERSHED NUTRIENT REDUCTION This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Herrera Environmental Consultants, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: HERRERA ENVIRONMENTAL CONSULTANTS, INC.: I CITY OF FEDERAL AY: Rob Zisette Dan Smith 2200 Sixth Avenue, Suite 1100 33325 8th Avenue South Seattle, WA 98121 -1811 Federal Way, WA 98003 -6325 (206) 441 -9080 (telephone) (253) 835 -2756 (telephone) (206) 441 -9108 (facsimile) (253) 835 -2709 (facsimile) rzisette @herrerainc.com daniel.smith@cityoffederalway.com The Parties agree as follows: 1. TERM. 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 specified in this Agreement, but in any event no later than June 30, 2017 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ( "Services "), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 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. 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 of Services and payment under this Agreement. 4.2 Method of Pam. 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 PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2015 CITY OF L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. at yoffederatway com 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 following 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 - Appropriation 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. 5. INDEMNIFICATION. 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. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties 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. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - 1/2015 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cifyoifederahvay com 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, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non - owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this 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 with respect to 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 Contractor's insurance. 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, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and 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 request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, 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. PROFESSIONAL SERVICES AGREEMENT -3 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityotfederatway com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. 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 that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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. 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 Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Intelpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2015 CITY OF CITY HALL 33325 Federal W--a— 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7400 www cityoffederaMey com 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. 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 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; 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] PROFESSIONAL SERVICES AGREEMENT - 5 - 1/2015 CITY OF '*#...,. Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. dtyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferre , ayor DATE: 3 HERRERA ENVIRONMENTAL CONSULTANTS, INC. By: l -� Theresa Wood Vice President DATE: (n / 25�� STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: APPROVED AS TO FORM: ity Attorney, Amy Jo Pearsall On this day personally appeared before me Theresa Wood, to me known to be the Vice President of Herrera Environmental Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ;�5 day of L.. "''•J °�t3LtiC j x F ` W A Notary's signature Notary's printed name Not My 20% Wr- L-- ,:5 Lu c",l wvu and for the State of Washington. expires e PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2015 CITY OF Federal Way EXHIBIT A SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederahvay com This work will be done as partial fulfilment of a Water Quality Algae Control Grant Agreement between the City and the Washington Department of Ecology ( "Ecology "). This scope of work includes a discussion of the activities, assumptions, deliverables, and a schedule associated with this project: • Task 1.0 — Quality Assurance Project Plan • Task 2.0 — Data Report • Task 3.0 — Project Management /Contract Administration Task 1.0 — Quality Assurance Project Plan The Contractor will prepare a Quality Assurance Project Plan ( "QAPP ") for the project based on the monitoring strategy developed by the City. The City will provide background information to the Contractor to prepare the QAPP in a cost - effective manner while meeting the grant agreement requirements for watershed monitoring. This QAPP will be prepared in accordance with Ecology's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies (Ecology 2004). The QAPP will incorporate the project goals and objectives, drainage basin information, and previous monitoring results. The QAPP will include detailed information of the field and laboratory protocols, including types of data and samples to be collected, sampling locations, sampling frequency, sampling procedures, analytical methods, quality control procedures, data management protocols, and data assessment and reporting procedures. Discussion of the monitoring strategy will include an explanation of how the project will yield sufficient information to achieve the purpose and intent of the source identification. A discussion of data accuracy and statistical requirements will also be included. A preliminary draft of the QAPP will be submitted to the City for review and comment. The Contractor will address those comments and prepare a draft QAPP for the City to submit to Ecology. The Contractor will review comments by Ecology on the draft QAPP, and prepare the draft final QAPP addressing Ecology's comments for review by the City. The Contractor will then prepare a final QAPP for the City to submit to Ecology. Assumptions: • The City will provide all pertinent documents for review by the Contractor. • The City will provide historical water quality and hydrologic monitoring data in Excel spreadsheet(s). • The City will provide GIS maps of monitoring site locations, drainage features, basin boundaries, land use, land cover, sanitary sewer area, septic system locations, and locations and control actions of sewer cross connections, and other potential nutrient and fecal sources identified during IDDE investigations. • The Contractor will not provide any basin reconnaissance or attend meetings. • The City will provide one consolidated set of review comments to the Contractor on the preliminary draft QAPP within one week of receiving the preliminary draft QAPP, and those review comments will be minimal. • The City will provide one consolidated set of review comments to the Contractor on the draft final QAPP within one week of receiving the draft final QAPP, and those review comments will be minimal. Deliverables and Schedule: • Preliminary draft QAPP (electronic files only) within 30 days of receiving necessary information from the City. • Draft QAPP (electronic files only) within one week of receiving comments on the preliminary draft QAPP. • Draft final QAPP addressing Ecology's comments (electronic files only) within one week of receiving comments by Ecology on the draft QAPP. • Final QAPP (electronic files only) within one week of receiving comments by the City on the draft final QAPP. PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2015 CITY OF CITY HALL '"* ..... 33325 8th Avenue South Fe d e ra ! Way Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway cam Task 2.0 — Data Report The Contractor will prepare a Data Report for the project based on data collected by the City in accordance with the QAPP. The City will provide all monitoring data and information to the Contractor to prepare the Data Report in a cost - effective manner while meeting the grant agreement requirements for reporting of watershed monitoring results. The Contractor will conduct a review of all water quality data (excluding hydrologic data) that the City generates for this project and will provide these findings in data quality worksheets according to the QAPP in a Data Report. Data quality review findings of concern of these data (excluding hydrologic data), and any limitations on the use of these data, will be summarized by the Contractor in the Data Report. The Data Report will present background information about the watershed from the QAPP, a brief description of the monitoring methods and any deviations from the QAPP, data quality review and validation results, data in tables and graphs, a brief discussion of the monitoring results, and conclusions of the major study findings. A preliminary draft of the Data Report will be submitted to the City for review and comment. The Contractor will address those comments and prepare a draft Data Report for the City to submit to Ecology. The Contractor will review comments by Ecology on the draft Data Report, and prepare the draft final Data Report addressing Ecology's comments for review by the City. The Contractor will then prepare a final Data Report for the City to submit to Ecology. Assumptions: • The City will provide all pertinent monitoring information to include field and laboratory data reports, water quality and hydrologic monitoring data in Excel spreadsheet(s), maps of water quality /flow /lDDE monitoring stations and identified pollution sources in GIS, and graphs of rainfall and stream flow data. • The City will provide data quality review of the hydrologic data and a summary of the review findings. • The Contractor will not assist with monitoring or laboratory coordination, and will not attend meetings. • The Contractor will receive all requested information from the City within 30 days of completing the monitoring. • The City will provide one consolidated set of review comments to the Contractor on the preliminary draft Data Report within two weeks of receiving the preliminary draft Data Report, and those review comments will be minimal. • The City will provide one consolidated set of review comments to the Contractor on the draft final Data Report within two weeks of receiving the draft final Data Report, and those review comments will be minimal. Deliverables and Schedule: • Preliminary draft Data Report (electronic files only) within 30 days of receiving necessary information from the City. • Draft Data Report (electronic files only) within one week of receiving comments on the preliminary draft QAPP. • Draft final Data Report addressing Ecology's comments (electronic files only) within two weeks of receiving comments by Ecology on the draft QAPP. • Final Data Report (electronic files only) within one week of receiving comments by the City on the draft final QAPP. Task 3.0 — Project Management /Contract Administration The Contractor will be responsible for ongoing contract administration of this project, including preparing invoices and coordination of work efforts with the designated client point of contact, Dan Smith. The Contractor's project manager and contract manager will have phone and e-mail contact with the City on an as- needed basis. Deliverables and Schedule • Monthly invoices for the project duration. PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyo(iederatway can EXHIBIT B COMPENSATION Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Fourteen thousand Five hundred Forty -eight and 00 /100 Dollars ($14,548.00). 2. Method of Compensation: Upper Joe's Creek Watershed Nutrient Reduction Task 1.0 Task 2.0 Task 3.0 TOTAL Numberof Tasks: 3 QAPP Data Report Project/Contract Mangement COST SUMMARY Labor $4,533 $9,193 $823 $14,548 GRAND TOTAL $4,533 $9,193 $823 $14,548 COST ITEMIZATION Labor (2015 rates) Personnel Rate /Hour Hours Cost Hours Cost Hours Cost Hours Cost P6 Lenth, John Practice Director $216.93 1 $217 1 $217 0 $0 2 $434 P6 Zisette, Rob Principal Scientist $201.45 6 $1,209 16 $3,223 3 $604 25 $5,036 P3 Catarra, Gina Project Scientist $117.43 24 $2,818 40 $4,697 0 $0 64 $7,515 P2 Matsumura, Kristen Staff Engineer $95.84 0 $0 8 $767 0 $0 8 $767 P2 Lau, Olivia Staff CAD /GIS $97.66 1 $98 1 $98 0 $0 2 $195 F2 Tonkikh, Natalya Accounting Staff $72.79 0 $0 0 $0 3 $218 3 $218 A4 Jackowich, Pamela Senior Administrative C $95.53 1 2 $191 1 2 $191 1 0 $0 1 4 $382 SUBTOTAL LABOR (Burdened Labor) 1 34 $4,533 1 68 $9,193 1 6 $823 1 108 $14,548 PROFESSIONAL SERVICES AGREEMENT - 9 - 1/2015 I EXHIBIT C r'linnfli: 17795 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE /24/ 6 /DD/YVYY) 62015 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 Propel Insurance CONTACT Elizabeth Olson NAME: P AIC, No, Ext 86HONE 206.262.4354 NC, No : 6.577.1326 Tacoma Commercial Insurance E -MAIL er0 r0 elinsurance.com ADDRESS: @P P INSURER(S) AFFORDING COVERAGE NAIC # 1201 Pacific Ave, Suite 1000 INSURER A: Ironshore Specialty Insurance 25445 Tacoma, WA 98402 INSURED Herrera Environmental INSURER B: Hartford Underwriters Insurance 30104 INSURER C: Travelers Indemnity Company 25658 Consultants Inc 2200 6th Avenue #1100 Seattle, WA 98121 INSURER D INSURER E MED EXP (Any one person) INSURER F COVERAGES 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 CONTRACTOR 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. INS R_ LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X 000826905 11/24/2014 11/24/2015 EACH OCCURRENCE $1,000,000 PREMISES ERENTED r ..ce $1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $25,000 CLAIMS -MADE Fx-] OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY JECOT FX7 LOC C AUTOMOBILE LIABILITY _ BA0041 P07714SEL 11124/2014 11124/201 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ _ BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ X ALL OWNED X SCHEDULED AUTOS AUTOS X HIREDAUTOS X NON -OWNED AUTOS Perry accident) $ $ X $1,000 Comp X $1,000 Coll A UMBRELLA LIAB X OCCUR 000827005 11124/2014 11/2412015 EACH OCCURRENCE s4,000,000 _ AGGREGATE s4.000.000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? 7W (Mandatory in NH) N/A 52WECEP2858 WA Stop Gap 11/24/2014 11/24/2015 To YTATU- OTH- 1115 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Professional & 000826905 11/24/2014 11/24/201 $1,000,000 Occurrence Pollution Liab. $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Herrera Project No. 14- 05937 -000 Project Name: Upper Joes Creek Watershed Nutrient Reduction Owner: City of Federal Way SHOULD TI H ABOVE City of Federal Way THE EXPIRATION DATE THEREOF, POLICIES C O NOTICE WILLL CBE DELIVERED D NE 33325 9th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE U 19513-ZUIU AGUKU GUKi'UKAI IUN. Au rigms reserveo. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1778454IM1587478 CES00 Herrera Environmental BA0041 P07714SEL COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" While Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 © 2010 The Travelers Indemnity Company, Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto'. D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION If — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate orset- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV —BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the "accident" or "loss ". ered "auto" of the private passenger type. CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss ", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 Q 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IRONSHORE SPECIALTY INSURANCE COMPANY Mailing Address: 75 Federal Street 5th Floor Boston, MA 02110 Toll Free: (877) IRON411 Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED ADDITIONAL INSURED(S) PRIMARY AND NON - CONTRIBUTORY This endorsement modifies insurance provided under the following: ENVIRONMENTAL PROTECTION INSURANCE COVERAGE PACKAGE (EPIC PAC) It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: crurn" u c Name of Additional Insured Person(s) Or Organization(s) BLANKET WHERE REQUIRED BY WRITTEN CONTRACT A. SECTION II —WHO IS AN INSURED, Paragraph 4.e. is amended to specify the entity indicated in the Schedule above as: e. Any person or organization with whom you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations, your work, equipment or premises leased or rented by you, or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; IE.END.EPIC.012 (04/11) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 2 (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (1) Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant; or (2) Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. B. SECTION IV — CONDITIONS, Condition 17. Other Insurance, Paragraph a. is amended to specify the entity indicated in the Schedule above as a person or organization with whom you agreed to insure and we will not seek contributions from any such other insurance issued to such person or organization. ALL OTHER TERMS, CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative November 21, 2014 Date IE.END.EPIC.012 (04/11) Includes copyrighted material of insurance Services Offices, Inc. with its permission Page 2 of 2 Corporations: Registration Detail HERIMAENWRONMENTALCONSULTAMM INC Page 1 of 1 UBI Number 600633936 Category REG Profit /Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 03/05/1986 Expiration Date 03/31/2016 Inactive Date PresidenLTreasurer,Director Duration Perpetual Agent Name MICHAEL SPILLANE Address 2200 6TH AVE #1100 City SEATTLE State WA ZIP 98121 Address City State Zip Govern ing Persons Title Name Address Chairman HERRERA, CARLOS 2312 N 59TH ST SEATTLE, WA 98103 Director LENTH , JOHN 2567 27TH AVE W SEATTLE, WA 98199 PresidenLTreasurer,Director SPILLANE , MICHAEL 4706 227TH ST SW MOUNTLAKE TERRACE, WA 98043 Secretary,Director COUGHLAN , PHILIP 3308 N 28TH ST TACOMA, WA 98407 Vice President SLAUGHTERBECK, CAROL 1951312TH AVE W LYNNWOOD, WA 98036 Vice President WOOD, THERESA 336 NW 49TH ST SEATTLE , WA 98107 Vice President EWBANK , MARK 4644 36TH AVE W SEATTLE, WA 98199 Vice President CARRASQUERO , JOSE 17378 92ND PL NE BOTHELL, WA 98011 http: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi = 600633936 6/24/2015 Page 1 of 1 ABOUT US CONTACT US locion Espanol reuister Departrnent of t q • t .. State Washington DOING BUSINESS REGISTER MV BUSINESS LOOKUP BUSINESS INFORMATION Home Back to search results File & pay taxes If "Non- revenue" appears after Tax Registration Number, the account is not registered with the Department of Revenue. Doing business However, it may be registered with other agencies in the state. Business types Register my business My account Audits Find taxes & rates Workshops & education Get a form or publication Find a law or rule 12 We need your help. Take a 30 sec survey . Washington State Department of Revenue State Business Records Database Detail TAX REGISTRATION NO: 600633936 ACCOUNT OPENED:3/5/198612:00:00 AM UBI: 600633936 ACCOUNT CLOSED: OPEN ENTITY NAME: HERRERA ENVIRONMENTAL CONSULTANTS INC BUSINESS NAME: MAILING ADDRESS: 2200 6TH AVE STE 1100 SEATTLE, WA 98121 -1867 BUSINESS LOCATION: 2265 N 56TH SEATTLE, WA 98103 -0000 ENTITY TYPE: CORPORATION RESELLER PERMIT NO: N/A PERMIT EFFECTIVE: N/A NAICS CODE: 541690 PERMIT EXPIRES: N/A NAICS DEFINITION OTHER SCIENTIFIC AND TECHNICAL CONSULTING SERVICES FOR NON - COMMERCIAL USE ONLY If you are unable to find the reseller permit you are looking for, try searching by tax registration /UBI number. CONTACT US I ABOUT US I QUESTIONS & ANSWERS I PRINTER FRIENDLY I CAREERS �w Espatiol I Pyccwj I ais Tagalog I Ti4ng Vi4f I r>',l ", Access Wishiagtnl� aAR I Your Privacy 02010 WASHINGTON STATE DEPARTMENT OF REVENUE AND ITS LICENSORS. ALL RIGHTS RESERVED. Vole, registration assis tance (SECRETARY OF STATE) http: / /dor.wa.gov/ content / doingbusiness / registermybusiness /brd /default.aspx 6/19/2015 CSDC eNtraprise - City of Federal Way's Online Services CYTY OF Federal Way WASHINGTON_., Page 1 of 1 Application Routing Closed Jun 18, 2015 Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835.2526) 0 Planning Review Closed Jun 18, 2015 Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835 -2526) 0 Pre - Issuance Processing - SL Closed Jun 18, 2015 ,, , Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835 -2526) 0 Powered by CSDC's AMANDA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal Way /public /public_£.. 6/19/2015 Online Permitting PERMIT /BUSINESS DETAILS e- Permits HOME ID Reference File Description Sub Type Work Name Status Application Issue Date Expiration Name Type • Terms & Conditions 15 102972 000 Business Non - Resident HERRERA ENVIRONMENTAL Open Services Jun 18, Jun 18, 2075 Dec 31, 2015 00 BL Registration Business CONSULTANTS, INC. 2015 PUBLIC PROPERTY DETAILS INFORMATION Number Pre. Street Street Dir Suite Suite City State Zip Legal Desc Type Type Number • Locate a Business 2200 SIXTH AVE Suite 1100 SEATTLE WA 98121 • Permits Information PEOPLE DETAILS Desc. Ong. Name Address City State Zip Phone# • Issued Permits — Applicant HERRERA ENVIRONMENTAL CONSULTANTS, INC. 2200 6TH AVE 5 SEATTLE WA 98121 (206)447 -9080 Business Owner HERRERA ENVIRONMENTAL CONSULTANTS, INC. 2200 6TH AVE S SEATTLE WA 98121 (206)441 -9080 • Contractor Search Mailing Address HERRERA ENVIRONMENTAL CONSULTANTS, INC. 2200 6TH AVE S SEATTLE WA 98121 (206)441 -9080 REGISTERED BUSINESS INFO USERS Info. Desc. Value Business Ownership Type Corporation • Apply for Permit S.I.C. Code 8710 - Engineering /Architectural & Survey Services Number of Full -Time Employees in City 0 • View My Permits Business Phone Number 2064419080 Number of Part -Time Employees in City 0 • Request In6Dection Date Business To Start in FW Jun 17, 2015 • New Registration PERMIT /LICENSE FEE(S) Fee Desc. Fee Amount Balance ■ Update Registration LIC- BUSINESS LIC. (1530) $75.00 $0.00 • Login PROCESSES AND NOTES Process Description Status Schedule Date Start Date End Date Assigned Staff At[em P is Application Received - BL Closed Jun 18, 2015 Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835 -2526) 0 Application Routing Closed Jun 18, 2015 Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835.2526) 0 Planning Review Closed Jun 18, 2015 Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835 -2526) 0 Pre - Issuance Processing - SL Closed Jun 18, 2015 ,, , Jun 18, 2015 Jun 18, 2015 Debora Hall (253- 835 -2526) 0 Powered by CSDC's AMANDA http: / /epermits .cityoffederalway.com /AMANDA5 /eNtraprise /Federal Way /public /public_£.. 6/19/2015