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AG 17-007RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Pt it 6GS 2. ORIGINATING STAFF PERSON: e-.71.--1. c r '7fl EXT: 6 c /O 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 179 / ,) 161-,-,„...;‘, a C. I G7� 6. NAME OF CONTRACTOR: F ' 1- A71ii%C..}c ,roar. -4 ADDRESS: E -MAIL: SIGNATURE NAME: prodC•e%.,.. rr ,., ,STcc /L.t 404tx 341 TELEPHONE FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 04‘ 10 2'j��- COMPLETION DATE: C6 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOOUMENT /CONTRACT REVIEW Cpl PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) l 7-(2c, �( ❑ LAW � � l io�� J ?, �3 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: / iJ /) (/ COUNCIL APPROVAL DATE: 111 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: /5/,, DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DA E SIGNED WC 111o(H INITIAL / DATE REVIEWED 9/8/4 INITIAL / DATE APPROVED COMMENTS: *i L ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK 90, _ ❑ ASSIGNED AG# AGPV jl -001- ❑ SIGNED COPY RETURNED DATE SENT: CA -11-11 COMMENTS: ketAkk p " ( i rCAMdL 50 pran6\o n we- rrvviy� g pP'b�- (O 1O ti ovy iq�&ctt • As drank ANS41 Cart h4 111 do -1:44^,- 44- i Li 4 ' MEMORANDUM OF UNDERSTANDING BETWEEN THE HISTORICAL SOCIETY OF FEDERAL WAY AND THE CITY OF FEDERAL WAY, WASHINGTON FOR ELECTRICAL, PLUMBING AND INSULATION IMPROVEMENTS THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this j O day of 201a by and between the undersigned representatives of the City of Federal Way, a Washington municipal corporation ( "City "), and The Historical Society of Federal Way, a Washington nonprofit corporation ( "Society "). WHEREAS, the City and the Historical Society of Federal Way have had a lease agreement for the Steel Lake Annex "House" Building in good standing for several years. WHEREAS, the City is supportive of the Historical Society of Federal Way's desire to make improvements to the electrical, plumbing and insulation to the building at their cost. WHEREAS, this MOU will help the Historical Society of Federal Way secure grant funding to pay for these improvements. WHEREAS, these improvements will help ensure the building is in good repair and condition going forward. WHEREAS, all improvements made will be permitted with the community development department and all work will be performed by licensed contractors and all City laws and codes will be followed according to the lease agreement in place. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: 1. Scope of Work for Improvements. The improvements to be undertaken by the Society under this Agreement shall be limited to the following items of work: a. Install new water supply piping with new material meeting current plumbing codes to replace the existing galvanized steel piping system. The existing galvanized steel piping system will be abandoned in place. The new piping will supply hot and cold water (with new angle stops and supply lines) to the lavatory basin and toilet in each of the three bathrooms, the sink in the kitchen, the laundry tub in the basement utility room, the make -up water supply for the hot water furnace, the domestic hot water heater, and the two exterior hose bibbs. The locations of these supply points are shown in the schematic plans entitled "Plumbing Facilities" (one plan for each floor) that are attached hereto and incorporated herein. Water supply to the neighboring "barn" structure will be reconnected inside the subject "house" building. To the extent possible, existing plumbing fixtures shall be reused, including lavatory basins, toilets, sinks, and faucets. The water supply to the shower in the 2'd floor bathroom and to the clothes washing machine facilities in the basement will be discontinued. The original plumbing drain system (consisting of cast iron soil pipe and galvanized steel pipe) is excluded from this 1 scope of work. The low- pressure pipe network for the hot water heating system (consisting of steel pipe) is excluded from this scope of work. b. Install new wiring with new material meeting current electrical code to supply electrical service to the lighting fixtures and convenience wall outlets throughout the building. The locations of these service points are shown in the schematic plans entitled "Electrical Lighting" (one plan for each floor) and "Electrical Outlets" (one plan for each floor) that are attached hereto and incorporated herein. New electrical circuits will originate at the electrical circuit - breaker panels that exist in the Robinson Room in the basement. The electrical connection to the neighboring "barn" structure will be reconnected inside the subject "house" building. To the extent practicable, new wire will be routed within ceilings and walls; otherwise, new wire will be enclosed within races or conduit mounted to the exposed surfaces of ceilings and walls. New wiring will not be installed for the hot water furnace, the domestic hot water heater, or for the electrical kitchen range space. To the extent possible, existing fluorescent and incandescent light fixtures will be reused. Switches and duplex wall outlets and covers will be replaced and upgraded to current standards. c. Remove the existing contaminated insulation material in the attic space, decontaminate the attic space, and install new material after the specified plumbing and electrical improvements are completed within the attic space. Potential points of entry by rodents into the attic space will be closed to the extent practicable. The new insulation material will meet or exceed the insulation value of the existing material in the attic. d. Repair openings, or "windows," that are cut into the ceilings and walls in order to route new piping and wire within the affected ceilings and walls. The repairs will include installation of shcctrock material, mudding and taping, and repainting as necessary. 2. Conditions. All alterations to the Scope of Work must be approved by the City in writing. All alterations or improvements to the premises undertaken by the Society shall be constructed at the Society' s expense, and the Society agrees to bear full responsibility for insuring all construction on the premises is undertaken and conducted in a safe and professional manner, and all alterations and improvements shall be of high quality construction. The Society agrees it will not allow any liens to attach to the premises as a result of any construction performed on the premises. The Society further agrees to hold the City harmless from any and all claims, including costs, attorney's fees and expenses arising in any way from any construction on the premises, unless specifically agreed to otherwise in writing signed by the City prior to construction or addition of any alterations or improvements to the premises. All alterations and improvements shall become property of the City upon termination or expiration of the agreement. 3. City's Responsibility. The City will waive all permitting fees for these improvements. 4. Historical Society of Federal Way Responsibilities. The Society is solely responsible for obtaining bids, hiring contractors and obtaining applicable City permits. The Society is responsible for costs associated with any improvements. 5. Term. The term of this MOU shall commence upon the effective date written above and shall continue until the completion of all obligations under this MOU. 6. Indemnification. The Historical Society of Federal Way shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act 2 or omission of the Society, its employees, agents, or contractors, which may arise out of this MOU. The provisions of this section shall survive the expiration or termination of this MOU. 7. Insurance. The Society 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 with combined single limits of liability not less than $2,000,000 for bodily injury including personal injury or death, products liability and property damage; and b. Automobile liability insurance coverage on 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. The Society's maintenance of insurance as required by the MOU shall not be construed to limit the liability of the Society to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Society's insurance and shall not contribute with it. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, the Society shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "A" and incorporated by this reference. At City's request, the Society shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If the Society's insurance policies are "claims made," the Society shall be required to maintain tail coverage for a minimum period of three (3) years from the date this MOU is actually terminated. 8. This MOU contains all of the agreements of the City and the Society with respect to any matter covered or mentioned in this MOU. IN WITNESS WHEREOF, the City and the Society have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. 3 CITY OF FEDERAL WAY: ATTEST: Jo utton Aral 1 .s I. erector APPRO ! ED AS TO FORM: City Attorney, /4G-iiv►� .1714wie,- l HISTORICAL SOCIETY OF FEDERAL WAY: Diana Noble - Gulliford, President 1600 B SW Dash Pt. Road #125 Federal Way, WA 98023 STATE OF WASHINGTON ) ) ss. COUNTY OF y lerk, Stephanie Co ; , CMC On this day personally appeared before me Diana Noble - Gulliford, to me known to be the President of the Historical Society of Federal Way 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 \ 0 day of .370-r u , 20 V. Notary's signature csv-a. Prbe....A---c- Notary's printed name jor‘Zo. kr-o c)- Notary Public in and for the State of Washington My Commission Expires 1 0 —11— a01 ". TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES TOBER 11 2017 4 Non Profit Insurance Program CERTIFICATE OF COVERAGE HistSFW4Revised ISsue Date: 01 /12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAT IVE OR PRODUCER, AND THE CERT IFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ics) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Clear Risk Solutions 451 Diamond Drive Ephrata, WA 98823 INSURED Historical Society of Federal Way 1600 B SW Dash Point Rd, #125 Federal Way, WA 98023 COVERAGES COMPANIES AFFORDING COVERAGE GENERAL LIABILITY American Alternative Insurance Corporation AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation, et al. MISCELLANEOUS PROFESSIONAL LIABILITY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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. TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION DATE DATE LIMITS COMMERCIAL GENERAL LIABILITY N1- A2- RL- 0000013.08 OCCURRENCF FORM INCLUDES STOP GAP LIABILITY IS SUBJECT 10 AUTOMOBILE LIABILITY 06/01/2016 A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANY AUTO (LIABILITY IS SUBJECT TO PROPERTY 06/01/2018 PER OCCURRENCE PER MEMBER AGGREGATE PRODUCT -CO MP /OP PERSONAL & ADV. INJURY ANNUAL POOL AGGREGATE $5,000,000 $10,000,000 $5,000,000 55,000,000 550,000,000 N1- A2- RL- 0000013 -08 06/01/2016 A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) 06/01/2018 COMBINED SINGLE LIMIT $5,000,000 ANNUAL POOL AGGREGATE NONE N1- A2- RL•0000013.08 06/01/2016 (PROPERTY IS SUBJECT TO A 550,000 SIR PAYABI F FROM PROGRAM FUNDS) MISCELLANEOUS PROFESSIONAL LIABILITY 06/01/2018 ALL RISK PER OCC EXCL EQ & FI EARTHQUAKE PER OCC FLOOD PER OCC ANNUAL POOL AGGREGATE $75,000,000 $1,000,000 $1,000,000 NONE (LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding space leased at 2645 South 312th Street, Federal Way. City of Federal Way is named as Additional Insured regarding this lease only and is subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. 06/01/2016 06/01/2018 PER CLAIM ANNUAL POOL AGGREGATE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE P011 CY PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City of Federal Way 3325 8th Avenue S Federal Way, WA 98003 3204824 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program (NPIP) Policy Number N 1- A2 -RL- 0000013 -05 Endorsement Effective 6/1/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization (Additional Insured): As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator City of Federal Way 3325 8th Avenue S Federal Way, WA 98003 Regarding space leased at 2645 South 312th Street, Federal Way. City of Federal Way is named as Additional Insured regarding this lease only and is subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. A. With respects to the General Liability Coverage Part only, the definition of Insured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an insured the Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only with respect to liability for Bodily Inlury, Property Damage, or Personal and Advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations; or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement; or 2. Declarations for this policy, whichever is Tess. these Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. An other terms and conditions remain unchanged. RL 2163 12/12 3204825 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1