Loading...
AG 15-135RETURN TO: Mvn CP EXT: a:;?1J 1 19D1 "57 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / SWM 2. ORIGINATING STAFF PERSON: FEI TANG EXT: 2751 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE Z /CONTRACT AMENDMENT (AG #): 15 -135 ❑ OTHER 3. DATE REQ. BY: SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS 6. NAME OF CONTRACTOR: ANCHOR QEA, LLC ADDRESS: 720 Olive Way, Suite 1900, Seattle, WA 98101 E- MAIL: rmontgomery@anchorgea.com SIGNATURE NAME: ROBERT MONTGOMERY TELEPHONE: 206.219.5901 FAX: 206.287.9131 TITLE:PARTNER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQ/IIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES Pl PRIOR CONTRACT /AMENDMENTS CFW LICENSE #04- 100792 BL, EXP. 12/31/15 uBI #601815728 , EXP. 09 /30 /15 8. TERM: COMMENCEMENT DATE: 6 /15/2015 COMPLETION DATE: 12 /31/2016 9. TOTAL COMPENSATION: $38,540 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LA$OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 7j d t2. t--0 IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 3 o 41 - 3, u0 - j// -31'4 - 3/- 4 /� 10. DOCUMENT / CONTRACT REVIEW P'PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING j (201 ASENT TO VENDOR/CONTCTOR DATE SENT: ` ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT ,y CHIEF OF STAFF ' 2_)SIGNATOR CITY CLE )(ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENT: EXECUTE " I " ORIGINALS R DIRECTOR) -Wm on IN TI / DATE SIGNED AG# " 1C-/35 B DATE SENT: a -1 5- DATE REC' D: 1 112611 1 /15 Feiieral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyo/federa/way com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS PHASE 1 This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Anchor QEA, LLC, a Washington limited liability company ( "Contractor "). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for West Hylebos Basin Regional Flow Control Alternative Analysis Phase I ( "Agreement ") dated effective June 16, 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 December 31, 2016 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 41■- Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway cam IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: /7/;///5---- Anchor QEA, LLC By: pt,tc+- kevdcr,kirlt_,, Printed Name: Robert Montgomery, P.E. Title: Partner, Civil /CM and Contracts DATE: NO c/ 2 3 / 20/ ATTEST: C C erk, Stephanie Co ey, CMC APPROVED AS TO FORM: -6 City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF A/c 1 ) On this day personally appeared before me Robert Montgomery, to me known to be the Partner of Anchor QEA, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this 013 day of Po vehort , 20 LL !L VA/AA C Jr o N Is, s Zr -114 i Va +0T AR m'Gg 0 - • r My i�24 ,-7 a / 4ii P WASNAv "z`' IS\N Notary's signature Notary's printed name Wale A. vii-1 WK1E Notary Public in and for the State of Washington. My commission expires 5.0I• IS /4,-4t-- AMENDMENT 2 - 1/2015 RETURN TO: 5j/1 (4 K EXT: 2103 CITY OF FEDE A WAY LAW DEPARTMENT ROUT '- S4 'T i' 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/SWM 2. ORIGINATING STAFF PERSON:FEI TANG EXT:2751 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT o 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) ❑ RDINANCE o RESOLUTION ¢f CONTRACT AMENDMENT(AG#): /`l -I 3 3^ ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS 6. NAME OF CONTRACTOR:ANCHOR QEA,LLC ADDRESS: 1119 PACIFIC AVE,SUITE 1600,TACOMA WA 98402 TELEPHONE:206-971-2674 E-MAIL:JBIBEEAANCHORQEA.COM FAX:206-287-9131 SIGNATURE NAME:ED BERSCHINSKI TITLE:PARTNER 1 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN o REQUIRED LICENSES 1PRIOR CONTRACT/AMENDMENTS CFW LICENSE#04-100792 BL,ExP. 12/31/15 UBI# 601815728 ,EXP. 9/30 /15 8. TERM: COMMENCEMENT DATE:6/15/2015 COMPLETION DATE: 10/2015 l'I lb l Q ig tcw icto i t) 9. TOTAL COMPENSATION:$ $38,540 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: I YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: o YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 304-3100-111-594-31-411 10. DOCU /CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED JECT MANAGER . r / of II ISION MANAGER � m 14 L 'PUTY DIRECTOR "- 9/il�/r f • IRECTOR psi` ❑�o �K MANAGEMENT (IF APPLICABLE) ��� II 4AWDEPT �►I(`Z Lii([l�fit Ww 10(711fA 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING 11.S SENT TO VENDOR/CONTRACTOR DATE SENT: C042/1 D ATE REC'D: C G ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS IN AL/DATE SIGNED Xi LAW DEPT lolb 10/i 10/9/15 ❑ CHIEF OF STAFF SIGNATOR' •YO' aR DIRECTOR)141 40 �Aa NAY CITY CLE• Q`fi AG ��rst;r alirSSIONE SIGNED COPY RETURNED DATE SENT: 10 o RETURN ONE ORIGINAL COMMENT : b EXECUTE" "ORIGINALS N r t� . % � ,l� 'r.�'' .'►111^' ,. 514m V� "... RETURN TO: Rik EXT: • Z/o3 • CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / SWM 2. ORIGINATING STAFF PERSON: FEI TANG 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ RDINANCE CONTRACT AMENDMENT (AG #): / 5 -/ 3 S" ❑ OTHER 0 EXT: 2751 3. DATE REQ. BY: SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 RESOLUTION INTERLOCAL 5. PROJECT NAME: WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS 6. NAME OF CONTRACTOR: ANCHOR QEA, LLC ADDRESS: 1119 PACIFIC AVE, SUITE 1600, TACOMA WA 98402 E -MAIL: JBIBEE @ANCHORQEA.COM SIGNATURE NAME: ED BERSCHINSKI TELEPHONE: 206 - 971 -2674 FAX: 206 - 287 -9131 TITLE: PARTNER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES EIPRIOR CONTRACT /AMENDMENTS CFW LICENSE # 04- 100792 BL, EXP. 12/31/15 UBI # 601815728 , ExP. 9/30 /15 8. TERM: COMMENCEMENT DATE: 6/15/2015 COMPLETION DATE: 10/15/2015 9. TOTAL COMPENSATION: $ $38,540 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LAOR 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: 304 - 3100 - 111 - 594 -31 -411 10. DOCUT / CONTRACT REVIEW Y�OJECT MANAGER of It V. VISION MANAGER lt • 1.`PUTY DIRECTOR • I [RECTOR ❑ K MANAGEMENT (IF APPLICABLE) ot, 15 ,LAW DEPT /1(1 11. COUNCIL APPROVAL (IF APPLICABLE) N� INITIAL / DATE REVIEWED INITIAL / DATE APPROVED --- -- 9/rr /4-- 0.444ssw 02, COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:T� DATE REC'D: (v1 ✓ 11S 12. CONTRACT SIGNATURE ROUTING X SENT TO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE LAW DEPT kb`(P ro/ei ❑ CHIEF OF STAFF N SIGNATOR X CITY CLE SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL R DIRECTOR)q COMMENT EXECUTE " " ORIGINALS .)OW; Chan 7i17an 'lI L,M-77 'a7X DATE SENT: q /3a /` CERTIFICATE, LICENSES, EXHIBITS IN�'jAL / DATE SIGNED 1074/15 CIiY OF Federal ay HALL 325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS PHASE 1 This Amendment ( "Amendment No.1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Anchor QEA, LLC, a Washington limited liability company ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for West Hylebos Basin Regional Flow Control Alternative Analysis Phase I ( "Agreement ") dated effective June 15, 2015, 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 November 13, 2015 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 CIiY F 4%.‘, O Federal Way IVHALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: /P /9-7/5-) Anchor QEA, LLC Title: Partner, Civil /CM and Contracts DATE: ci (3b !/ S STATE OF WASHINGTON ) ) ss. COUNTY OF' ATTEST: y lerk, Stephanie Cou, , CMC APPROVED AS TO FORM: lase City Attorney, Amy Jo Pearsall /4-1.0vil 'o Wier.) On this day personally appeared before me ii, to me known to be the Partner of Anchor QEA, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and official seal this 104.12 day of c1PTh74.46 20 /S- 4 ft' V/4 +��j Notary's signature 6 L'► �, Notary's printed name eECIIE . VAL/ 4 u F? • 4' TA's A Notary Public in and for the State of Washington. 140 • .�r % '6 I O f �i���oF ��4•� �aG _= Rill WASH 1tt%\k\\\40`i, AMENDMENT My commission expires S, 2 y . /g 2 1/2015 RETURN TO: Sh obA)noL EXT: <9:10.5 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: FEI TANG EXT: 2751 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT o-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:WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS 6. NAME OF CONTRACTOR:ANCHOR QEA,LLC ADDRESS: 1119 PACIFIC AVENUE,SUITE 1600,TACOMA WA 98402 TELEPHONE:206-971-2674 E-MAIL:'bibee• anchor.ea.com FAX:206-287-9131 SIGNATURE Name: nh Mnntuom F— (�� n ' R TITLE:Partner, 7. EXHIBITS AND ATTACHMENTS:V"/ery P SCOPE,WORK OR SERVICES 3 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE#Ca"I DO7& BL,EXP. 12/31//5 UBI# 400 I g/5 -n ,EXP. 9 /.9Q/ 16 'A� • S � 8. TERM: COMMENCEMENT DATE: -7v r s,5n 11161 COMPLETION DA `f' 9d S 9. TOTAL COMPENSATION:$38,540 J (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: EKES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: o YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY 4// ❑ PURCHASING: PLEASE CHARGE TO: 3o 4-3/01.c.>-/l/ 5-741 — 3/ -' etw 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED Q/PROJECT MANAGER -. !, /i ItI re DIVISION MANAGER =MOW_ la v DEPUTY DIRECTOR 0111117771. 5/GI'y1[DIRECTOR kites= ❑ RISK MANAGEMENT (I APPLICABLE) gllp or LAW DEPT Op, z g L 14 lob I 0/6/I* 6 '/4'If 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING Gj /�r 4._SENT TO VENDOR/CONTRACTOR DATE SENT: J `t�� DATE RECD: K' I �D �� ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED &'" AW DEPT V ggi 1 I ji,CHIEF OF STAFF .a:.vr. //��] • SIGNATORY(MAYOR OR DIRECTOR) �.r� !`�� / CITY CLERK ��f( �Ur7�':�r�� (q//gA ASSIGNED AG# AG# ��fy/IJI� x SIGNED COPY RETURNED DATE SENT: OR��IL ❑RETURN ONE O RIGINAL EXECUTE TE "ORIGINALS / o- ettA y mule-oh T(D Ia4 • 5.1L-411U-k- 011,44-4e6 Not; = (6'Zi-Zt...7'yam'i,'e ‘o /7-z7-14 Q .. 1i2,1 G 7442 .� i--/ tre 1,4".411e ,, /44>��.1.. 7 ..a_ 9" /,.r-{ye/J2i -//.,>,. still }��i- �,r_,..Tz—J /�'.4�I to, r , �L�IA 4 P Pra✓�� evcr IfPCV1/U✓�e Vt GI S y-V►�O t e V`o'v^q �` � �^�"��1/�� '�Q�15� �vV � 5 oee -� ( o wa F�C1,�, L 4 F0 1/15 CITY o/r"� CITY HALL ottoio, „ Federal r+i a Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederay corn PROFESSIONAL SERVICES AGREEMENT FOR WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS PHASE 1 This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Anchor QEA, LLC, a Washington limited liability 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: Anchor QEA,LLC: CITY OF FEDERAL WAY: Gerald A Bibee Fei Tang 1119 Pacific Avenue 33325 8th Avenue South Tacoma,WA 98402 Federal Way,WA 98003-6325 (206)971-2674(telephone) (253)835-2751 (telephone) (206)287-9131 (facsimile) (253)835-2709(facsimile) Jbibee anchor ea.com Fei.tan ci offederalwa .com @ q g@ tY Y 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 ninety(90) calendar days after the effective date of this Agreement("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 erience necess ' 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. 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 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. PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2015 CITY OF CITY HALL -4isk...., Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityaffederaiway corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed,the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30)days 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 1 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 1 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, reasonable attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including,without limitation,their respective licensees,or representatives; arising from, resulting from, or in connection with breach of this Agreement or the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's 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, representatives, 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 1 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 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 PROFESSIONAL SERVICES AGREEMENT - 2 - 1/2015 CITY OF CITY 8th ' Feder 8th Avenue South Federal Way,nu 98003-6325 (253)835-7000 www crtyoffeder8tway corn follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance; in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, 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 nti assembling, and providing records in case of Contractor. The Contractor will fully cooperate with the City in identifying, asse g, p g 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 0111 CITY HALL illithh6 Fe e I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)535-7000 www cityoffederadway.can 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 g . . P P Contractor agrees to resolve any such conflicts of interest in interfere with Contractor's ability to perform the Services. C gr y 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 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement.No provision of this Agreement, including this provision, may be amended, waived,or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and PROFESSIONAL SERVICES AGREEMENT -4 - 1/2015 CITY oF CITY HALL Akiho. 44%. ,..„ Federal Way 33325 8th,Avenue South Federal Way,WA 98003-6325 (253)835-7000 www alyoffederalway corm effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto.No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with applicable federal, state, local, and city laws including, applicable 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. A schedule of performance has been established for 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 filin 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 iiiiihi CITY of CITY HALL as4.4..... Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 644,vw cityeffederaiwayC0171 IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: 1 • , / Aig...,.,... ,,,.„.., , Jim F-fell, M. or VC erk, Stephanie Court 4 MC DATE: Ii(elite Ii s APPROVED AS TO FORM: 1, 11,1/04 70 4. City Attorney, Amy Jo Pearsall Anchor QEA, LL BY:� �,' _�_∎A4 ._,�i,.. .. Printed Name: Ed Berschinski, CCM Title: Partner, Civil/CM and Contracts DATE: r&.0_, 9) 3_9 is STATE OF WASHINGTON ) ) ss. COUNTY OF (<tV C ) On this day personally appeared before me Ed Berschinski,to me known to be the Partner of Anchor QEA, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN and official seal this 9 day of jail , 20 rb. .� R.V f Ali! / �' frsioN\\\\\1l1 l ~�. ��h,y Notary's signature 5 PTA#..4. Notary's printed name 64-6l g /L. YR-ac-O M j-t' VAakt .. . - Notary Public in and for the State of Washington. % 4osoc' k.#4. My commission expires 5• Pi •l Ito f iii pp W 5�\S 4. . A 11 1 \\ PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2015 liiho, CITY of CITY HALL 4rniska.„ 5 8th Avenue South Fed 3 3332 332at Way,WA 98003-6325 (253)835-70090 www cilyoffederaiway corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services,the City shall pay the Contractor an amount not to exceed Thirty-eight Thousand Five Hundred Forty and 00/100 Dollars ($38,540.00). The fee estimate was prepared by Anchor QEA and is included in Table 1. This is based on the estimated hours by task/subtask for Anchor QEA and subconsultant staff using 2015 standard billing rates. Table 1 Fee Estimate— Phase 1 SOW Services Estimated Labor Estimated Labor Subconsultant Total Estimated Task/Subtask Hours and Expense Costs Costs and Markup Cost Task 1—Flow Control Compliance Strategy and Initial Assessment of Alternatives Subtask 1.1 16 $2,772 $616 $3,388 Subtask 1.2 14 $2,422 $616 $3,038 Subtask 1.3 26 $3,584 $616 $4,200 Subtask 1.4 12 $2,493 $1,232 $3,725 Subtask 1.5 56 $9,294 $3,080 $12,374 Subtask 1.6 22 $4,032 $0 $4,032 Subtask 1.7 4 $841 $616 $1,457 Task 2—Project Management and Coordination for Phase 1 Subtask 2.1 16 $2,922 $0 $2,922 Subtask 2.2 10 $2,028 $0 $2,028 Subtask 2.3 10 $1,376 $0 $1,376 Total Fee Estimate 186 $31,764 $6,776 $38,540 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 attached hereto as Exhibit B(1)" and incorporated by this reference and made part of this Exhibit`B." Reimbursable Expenses. The actual customary and incidental expenses incurred by Contractor in performing the Services and other reasonable costs; provided,however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Seven Thousand Eighty Two and 00/100 Dollars ($7,082.00). Exhibit B(1) Anchor QEA, L.L.C. 2015 BILLING RATES Professional Level Hourly Rates Principal CM1/Engineer/LA2/Planner/Scientist $230 Senior Managing Analyst/CM/Engineer/LA/Planner/Scientist $203 Managing Analyst/CM/Engineer/LA/Planner/Scientist $189 Senior Analyst/CM/Engineer/LA/Planner/Scientist $168 Staff 3 Analyst/CM/Engineer/LA/Planner/Scientist $148 Staff 2 Analyst/CM/Engineer/LA/Planner/Scientist $133 Staff 1 Analyst/CM/Engineer/LA/Planner/Scientist $112 Senior CADS Designer $117 CAD Designer $98 Technician $95 Technical Editor $98 Project Coordinator $94 Special Hourly Rates National expert consultant $377 All work by a testifying expert 1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling(per hour) $10.00 Graphic Plots(varies with plot size) $3-6/sf Mileage(per mile) Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/subconsultants 10% Travel and other direct costs 10% Field equipment& supplies 10% This is a company confidential document. CM=Construction Manager 2 LA=Landscape Architect 3 CAD=Computer Aided Design EXHIBIT A SERVICES WEST HYLEBOS BASIN REGIONAL FLOW CONTROL ALTERNATIVE ANALYSIS PHASE 1 Phase 1 services will provide an initial technical feasibility assessment of alternatives that may allow the City to provide Level 2 flow control on a regional scale for the WH08,WH 10, and WH 11 subbasins. Depending on the outcome of the Phase 1 services, the City may authorize the Contractor to conduct Phase 2 services with a separate agreement. Phase 2 services will provide a refined and in-depth analysis of the alternatives selected in Phase 1. Included in this Agreement, the following tasks will be provided by the Contractor. Task 1: Flow Control Compliance Strategy and Initial Alternatives Assessment The Anchor QEA team will complete the following services: 1.1 Review the West Branch Hylebos Creek Basin (WH08,WH 10, and WH 11 subbasins) stormwater database information provided by the City, and prepare a GIS- or CAD-based base map suitable for use in illustrating RSF improvement alternatives. Information to be reviewed includes: - Stormwater infrastructure GIS mapping, reports, as-built drawings, and data - Prior RSF documentation - Prior watershed hydrologic and hydraulic models and findings - Other City-supplied information pertinent to RSF options evaluation 1.2 Prepare an initial strategy with possible City approaches to Level 2 flow control compliance. This will include ideas on how to approach discussions with the Washington State Department of Ecology(Ecology) regarding a less stringent flow control standard or lower flow control target. Analysis and evaluations needed to support that approach, if considered to be feasible in Phase 1,will be identified for authorization as part of Phase 2 services. 1.3 Evaluate and summarize the soil and historic land cover conditions in the basin to determine the appropriate flow control target. Ecology requires that post- development flows be mitigated to a forest target condition. Much of the upper I watershed may have been wetland/saturated soils historically, which typically result in a higher target release rate and smaller storage facilities than the forest target condition. Coordinate with the City and Ecology to gain concurrence with respect to those historic (pre-development) land cover/soils conditions as the basis for Level 2 flow control hydrologic modeling. Provide a figure showing the interpreted pre- development land cover conditions within the WH08,WH10, and WH11 subbasins for City staff to integrate into the its GIS. 1.4 Meet with City staff initially, then with City and Ecology staff(two half-day meetings assumed for 2 staff), to determine if options exist for deviations from a Level 2 flow control standard or flow control targets. It is anticipated this approach would be based on the extent of prior City investment in RSF and stream mitigation infrastructure improvements, adjustments in stream channel morphology associated with subbasin land cover changes and RSF operations, conservation properties that the City has already purchased, and the potential for implementing additional stream and wetland mitigation improvements. Review the land cover characteristics of the upper WH 10 subbasin to estimate if it was 40%impervious in 1985(using available aerial photography). Assess whether this is an adequate basis for requesting an exemption from the current Level 2 flow control standard, particularly in the highly impervious City-center area. The current Ecology Stormwater Management Manual does not show the West Branch Hylebos Creek Basin as exempted based on that criterion. 1.5 Develop figures to illustrate the various RSF improvement alternatives (assume three)with associated conveyance system connection needs. Conduct an initial (high-level) evaluation of potential RSF and conveyance facility needs and sizes for those alternatives. These initial estimates will be derived from unit impervious and pervious areas post-development runoff routed through a storage unit under allowable discharge rates. A simplified MGSFIood hydrologic modeling analysis will be used to complete this initial assessment. Modeling will be limited to estimating the pre-development flows and required unit storage values to be applied to the various subbasin areas. Summarize the results of this initial facility sizing review in a table for review with City staff. 1.6 Identify approximate storage volumes that could potentially be achieved for the various RSF siting locations based on rough area footprints and simplified 2 assumptions. Compare those values with the approximate estimates of storage volume need and summarize findings in a table. Identify potential parcel acquisition needs for the various RSF improvement alternatives. 1.7 Meet with City staff to present the findings of the initial flow control evaluation and improvement needs identification. Assist the City with selecting a desired approach for the next phase of flow control evaluation. Task 1 Deliverables The following deliverables will be provided: • Email summary of stormwater information needs and, after its review, any data gaps requiring supplemental information to be provided (as available)by the City • Figure documenting historic land cover/soils conditions within the applicable subbasins for pre-development flows determination and as the basis for review of potential flow control standards modification • A brief letter report (between 5 and 10 pages expected)will be provided summarizing the feasibility of alternatives evaluated;this report will inform the City decision-making process regarding the overall feasibility of providing Level 2 flow control for the identified subbasins • Summary tables and figures illustrating up to three conceptual Level 2 flow control improvement alternatives with initial estimates of associated RSF storage expansion and conveyance system upgrade needs (part of letter report) • Summary notes from City/Ecology meetings Task 2: Project Management and Coordination for Phase 1 For Phase 1 SOW activities, the Anchor QEA team will provide project management, coordination with City staff, and quality control (QC) review of deliverable products. This task will include: 2.1 Coordinate with City staff throughout the duration of Phase 1 services to manage project activities and make any required adjustments in direction. 2.2 Conduct internal QC review of all deliverable products. 2.3 Provide project administration including monthly invoicing and status reports preparation. 3 KEY ASSUMPTIONS The following key assumptions are the basis of this SOW and level of effort included in the fee estimate. • The City will provide requested stormwater infrastructure mapping and GIS files, prior reports and design documents, and other available information as the basis for evaluations and analyses to be conducted (Consultant currently has hard copies of much of this information). • No surveying or other field data collection services will be required of the Consultant or Subconsultant under the SOW. • The results of the Phase 1 assessment will be preliminary, commensurate with the approximate level of initial analysis, and will be subject to change based on modeling evaluations to be conducted as part of Phase 2 services. • The services to be conducted will be consistent with the SOW, and any City- requested modifications to those services will be handled by amendment of the authorized services. SCHEDULE Anchor QEA anticipates completion of the Phase 1 SOW within 8 weeks of authorization to proceed, subject to City concurrence. 4 • EXHIBIT C . '" r ® DATE(MM/DDIYYYY) A�D CERTIFICATE OF LIABILITY INSURANCE 6/9/2015 _ 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 CONTACT NAME: Certificate Department Servco Pacific Insurance (Arrcc.No.E><t):206-216-4830 (a/c,No):206-260-2903 1100 Dexter Ave. N. E-MAIL Ste 220 ADDRESS:certdepteservcopacific.com Seattle,WA 98109 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of Amer 25666 INSURED 645 INSURER B Travelers Indemnity Company 25658 Anchor QEA, LLC INSURER C: 720 Olive Way INSURER D: Suite 1900 Seattle,WA 98101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:596499584 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A GENERAL LIABILITY Y 6805251L034 10/10/2014 10/10/2015 EACH OCCURRENCE $1,000,000 DAMAGE RENTED X COMMERCIAL GENERAL LIABILITY PREMISES O(Ea occurrence) $1,000,000 _ CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X Employers Liab. PERSONAL&ADV INJURY _ $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PE LOC $ A AUTOMOBILE LIABILITY BA5398L892 10/10/2014 10/10/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS X HIRED AUTOS X AUUTOSWNED (P er acc dentDAMAGE $ $ B X UMBRELLA LIAB OCCUR CUP006D978124 10/10/2014 10/10/2015 EACH OCCURRENCE- $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 _ DED X RETENTION$10,000 $ A . WORKERS COMPENSATION UB7364Y093 10/10/2014 10/10/2015 X WC STATU- OTH- A AND EMPLOYERS'LIABILITY YIN incl.USL&H 10/10!2014 10/10/2015 -- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Federal Way is included as Additional Insured on General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th AVE S Federal Way,WA 98003-6325 AUTHORIZED REPRESENTATIVE 7 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD