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AG 17-030RETURN TO: PW ADMIN EXT: 2700 ID #: -3 t 0 2 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / fK.1.il+LC/JJ7Z /N441/.€$e»/ ./,- 2. ORIGINATING STAFF PERSON: _bAVCCTIe- EXT: ££5'3 3. DATE REQ. BY: //0.0 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 Ig. CONTRACT AMENDMENT(AG #): /1 -0to ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: eaLfL,,Qd,i1.46"-ASSCSLifCJ1f/ 0/ ric-410Zier Atierref41. / 5. NAME OF CONTRACTOR:104 r at 14K1& " CONfsa. JMA?J/ LL! ADDRESS: g5 2 f DA/� eletn _ LA/6'5g oL) ,f7 //A 9f jQ TELEPHONE: (LO) Sf"J- (.7O/ , E -MAIL: Afiif /e41201analC,QC. Co.,' FAX: SIGNATURE NAME: ,SJ ///ivZL TITLE: ‘ OV 7(I✓40Q[/A/Oe 6. 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 CFW LICENSE # /1 - /005-73 BL, EXP. 12/31//1 UBI # j03 //'/f2 , EXP. 1 /31 //I 7. TERM: COMMENCEMENT DATE: Wiz-1/‘•11,4) COMPLETION DATE: 400011 8. TOTAL COMPENSATION: $ $12//? f KV° yyg����yT /QyI/.�) (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 r RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: ley -J /GO".z5 (1/00-,40-510t—j/ -y/0 9. DOCUMENT / CONTRACT REVIEW INITIAL / D T REVIEWED INITIAL / DATE APPROVED gt PROJECT MANAGER • © . Ws. % DIVISION MANAGER Ijp DEPUTY DIRECTOR I a/ (o I S 1 r1 * DIRECTOR 11ts:111;_.. s ❑ RISK MANAGEMENT (IF APPLICABLE) 31, LAW DEPT @6/4(/ 7 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: AO COUNCIL APPROVAL DATE: A// 11. CONTRACT SIGNATURE ROUTING ei,y�� . f ,, l �J XSENT TO VENDOR/CONTRACTOR DATE SENT: Le t, le l 1 'G/ ICI l DATE REC'D: La 6/ 1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) I ■..,, IAL / DATE SIGNED - -c 11 - u rteE N-T L7 Al / s(i2 N. LAW DEPT �� v (lei X SIGNATORY (MAYOR • e,`' ��yy�� CITY CLER a/7J���/IN X ASSIGNED AG # AG# Mk- / r i X. SIGNED COPY RETURNED DATE SENT: (4'26 -I1- ❑ RETURN ONE ORIGINAL COMMENTc• II / L r EXECUTE" ORIGINALS /�A167✓ZNA� �Af 4V7 a/1Tf�c.;fi ` /1'11/O1GL( 4 ) 61#4{ Co yes.* 0., d c4 — ( 4/2017 Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityo federalway com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR CULTURAL RESOURCE ASSESSMENT OF THE MEERS HOMESTEAD PROPERTY This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Aqua Terra Cultural Resource Consultants, 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 cultural resource assessment of the Meers Homestead Property ( "Agreement ") dated effective February 27, 2017, 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. 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 OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyotfederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: J. DATE: ATTEST: S"rph. ie Courtney, CMC, C APPROVED AS TO FORM: '6/ J. Ryan Call, City Attorney AQUA TERRA CULTURAL R • . RCE CONSULTANTS, LLC: _I 1 If Sarah A ell, MMA, RPA Title: Governor, Principal Archaeologist DA'Z'E: I� STATE OF WASHINGTON ) ) ss. COUNTY OFJ Y1 ) lerk On this day personally appeared before me Sarah Amell, to me known to be the Governor of Aqua Terra Cultural Resource Consultants, 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 3 day of fyf , 20n. T% A11 YA M KINKADE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES ehlir JULY 19, 2020 Notary's signature � /' I °K otary's printed name I Ohl A WI A(1/NY, c(� � Notary Pu lic in and for the State of Washington. My commission expires 7 \ \ kOO AMENDMENT - 2 3/2017 RETURN TO: PW ADMIN EXT: 2700 ID# /jgi CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /9d(rt ./Iii /LL¢A/Alilritie/T 2. ORIGINATING STAFF PERSON: %Tay2afr/,en>r EXT: 7 153 3. DATE REQ. BY: y��¢o /� 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT ❑ ORDINANCE ❑ RESOLUTION 5r CONTRACT AMENDMENT (AG #): /1 -030 ❑ INTERLOCAL PUBLIC WORKS CONTRACT CDBG (E.G. BOND RELATED DOCUMENTS) ❑ OTHER 5. PROJECT NAME:eame,e/t ,ofoeeiCAVeSsi /e/r a. f yep€€ ,cfpmf s) /!64O7 6. NAME OF CONTRACTOR: /1{2y//1- TEI/A adiasheek. AMiG6eDA w_pfMT GLL ADDRESS: 2S f7ANEy /fig k ZfriC ./ 04404A a 9t2 ` TELEPHONE:6LO) ss7 -%?o/ E- MAIL:. fgkfredQ//A naigCQC. ay./ FAX: SIGNATURE NAME: $,4 AWL . TITLE: 4OVfYw/OiC�k/,v(mC 7. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES j) 'COMPENSATION "4 INSURA CE REQUIREMENTS /CERTIFICATE $. ALL OTHER REFERENCED EXHIBITS 7( PROOF OF AUTHORITY TO SIGN REQUIRED LICENSES PRIOR CONTRACT /AMENDMENTS CFW LICENSE # /1 -/005-13 BL, EXP. 12/31/ / UBI # , EXP. /?/ / /� 8. TERM: COMMENCEMENT DATE: 24i i/LNe COMPLETION TITLES $ DATE: L/0 /ZO/ 7 9. TOTAL COMPENSATION: $ ij '3. - f lij9/ 4257 ss 0 104 2 o... (INCLUDE EXPENSES AND SALES TAX, IF ANY) AND HOLIDAY RATES) (R CALCULATED ON HOU LY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES 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: log - soo-45-c 514% -3 /-00 10. DOCUMENT / CONTRACT REVIEW INITIAL / 1A REVIEWED I NITIAL / DATE APPROVED 9 PROJECT MANAGER /) /1.7 ❑ DIVISION MANAGER 11 sit- DEPUTY DIRECTOR , Williall. __ � g DIRECTOR ��. I ❑ RISK MANAGEMENT (R' APPLICABLE) g( LAW DEPT , o 4 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: n �, 1 %) 12. CONTRACT ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 40, JA 1 @ DATE RECD: D: ( 1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) I ■ TIAL / DATE SIGNED Q , -AW DEPT l ❑ SIGNATORY (MAYOR O DIRECTOR iR�,1W% )(CITY CLERK h�Min ❑ ASSIGNED AG # A t # d gi �pr�� ❑ SIGNED COPY RETURNED , SENT: Y 11'l�11 ❑ RETURN ONE ORIGINAL COMMENTS: �1� �l EXECUTE ' / " ORIGINALS AVE7VDMgwr TO tIGG4.[DS4f,i ALttino r/ - fNS1»AK./4'G Y �lgboti.Cc6,‘,411J % q Artatufeelfean I 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cilyoffecleralway.com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR CULTURAL RESOURCE ASSESSMENT OF THE MEERS HOMESTEAD PROPERTY This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Aqua Terra Cultural Resource Consultants, 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 cultural resource assessment of the Meers Homestead Property ( "Agreement ") dated effective February 27, 2017, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than June 30, 2017 ( "Amended Term "). 2. 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 "). 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 -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 rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 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 OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF DERAL By: Marwan alloum, P.E., ' u s lic Works Director DATE: \I -7_o Aqua Terra Cultural Resource Consultants, LLC: By Sarah A 1, MMA, RPA Title: Governor, Principal Archaeologist Date: l I as I ATTEST: urtney, CMC, City Clerk APPROVED AS TO FORM: Ake4t4fi i J. Ryan Call, City Attorney STATE OF WASHINGTON ) j_04,1 ) ss. COUNTY OF -4 (A4/ ) On this day personally appeared before me Sarah Amell, to me known to be the Governor of Aqua Terra Cultural Resource Consultants, 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 oZ 1/ day of ``► ►►1.1111/1�/1' Notary's ��` P GN�NG •_ Notary s y• • %If tee NOTARY •1 PUBUC x • .,/ Op WAST\os 111 signature printed name Notary Public in and for the Statero°f W shington. My commission expires 0 laq? ,f ( -7 20f AMENDMENT 2 - 3/2017 CITY OF Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyofederahvay. can 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed two thousand three hundred forty -three and 30/100 Dollars ($2,343.30). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed twenty-one thousand nine hundred sixty -eight and 55 /100 Dollars ($21,968.55). 2. Method of Compensation: 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, including reimbursable expenses: Task and Description Principal Investigator Senior Arch Architectural Historian Project Arch CRTech II Admin Cost $ 125 $ 96 $ 90 $ 85 $ 78 $ 65 Task 1. Background Research 2 $ 170.00 Task 2. Cultural Resource Survey 8 $ 680.00 Task 3. Resource Forms (Summit Solutions Group) 2 6 4 $ 1,130.00 Task 4. Mitigation Recordation of the Meers House (Summit Solutions Group) $ - Task 5. Technical Report $ - Task 6. Project Management $ - Total hours ► 2 ■ 0 ■ 6 ■ 14 • 0 ■ 0 $ 1,980.00 Subtotal Labor Cost $ 250 $ - $ 540 $1,190 $ - $ - Reimbursable Expenses Travel Mileage (site visits) $ 106.00 Subcontractor and non -labor markup $ 54.00 Subtotal $ 2,140.00 Sales Tax $ 203.30 Total Cost $ 2,343.30 AMENDMENT - 4 - 3/2017 A� °® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 4/20/2017 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 PLC Insurance, LLC 4211 Alderwood Mall Blvd, #210 Lynnwood WA 98036 CONTACT Select NAME: PHONE (425) 712 -3664 FAX (425)712 -3786 (A/C. No. Ext): (A/C, No): ADDRESS:vicki @plcins.COm INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Continental Casualty Co. COMMERCIAL GENERAL LIABILITY INSURED Aqua Terra Cultural Resource Consultants 8525 Stoney Creek Lane SW Olympia WA 98512 INSURER B :Underwriters at Lloyds of London 6021442880 INSURER C: 3/3/2018 INSURERD: $ 1,000,000 INSURER E : $ 300,000 INSURER F : RTIFICATE NUMBER:17 /18 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM /DDY/YYYY) (MM DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6021442880 3/3/2017 3/3/2018 EACH OCCURRENCE $ 1,000,000 PREaEc PREMI EMISES S ( (Ea occuurrrr ence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE X '1_ AGGREGATE POLICY OTHER: LIMIT APPLIES PE° PER: LOC PRODUCTS - COMP /OPAGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS ON-O NUT ED AUTOS OS 6021442880 3/3/2017 3/3/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 6021442880 Washington Stop Gap 3/3/2017 3/3/2018 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 2,000,000 B Professional Liability ANE1921316.17 3/3/2017 3/3/2018 AGGREGATE LIMIT 1,000,000 EACH CLAIM LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Federal Way is included as Additional Insured as respects the operations of the named insured when required by written contract per attached SB146932F 0616. CERTIFICATE HOLDER CANCELLATION tony.doucette @cityoffedera City of Federal Way 33325 8th Ave. S. 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 Brandon Turner /TRISHA`° ACORD 25 (2014/01) INS025 /7014n1 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED — BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F (6 -16) Page 1 of 7 Copyright, CNA All Rights Reserved. TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured — Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary — Noncontributory provision 2. Definition of "written contract." II. Liability Extension Coverages A. Bodily Injury — Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability — Damage to Premises E. Personal and Advertising Injury — Discrimination or Humiliation F. Personal and Advertising Injury — Broadened Eviction G. Waiver of Subrogation - Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED — BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F (6 -16) Page 1 of 7 Copyright, CNA All Rights Reserved. CNA e. Any failure to make such 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. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 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; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such 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. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract. ": 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract"; b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. 9. SB146932F (6 -16) Page 2 of 7 Copyright, CNA All Rights Reserved. CNA b. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability for "bodily injury", "property damage" or "personal and advertising injury" as co -owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury", "property damage ", or "personal and advertising injury" as grantor of a franchise to you. d. Lessor of Equipment • Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or g. SB146932F (6 -16) Page 3 of 7 Copyright, CNA All Rights Reserved. CNA (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract ", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage ", or "personal and advertising injury" cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury", "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products- completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage "; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non - contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions, the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: SB146932F (6 -16) Page 4 of 7 Copyright, CNA All Rights Reserved. CNA a. Is currently in effect or becomes effective during the term of this policy; and b. Was executed prior to: (1) The "bodily injury" or "property damage "; or (2) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury — Expanded Definition Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. D. Legal Liability — Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: SB146932F (6 -16) Page5of7 Copyright, CNA All Rights Reserved. C'NA 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury — Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: SB146932F (6 -16) Page 6 of 7 Copyright, CNA All Rights Reserved. OVA (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation — Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F (6 -16) Page 7 of 7 Copyright, CNA All Rights Reserved. AQUA TERRA CULTURAL RESOURCE CONSUL.. U81 Number 503119192 Category LLC ACI,Verin J(tive Stare Of Incorporation WA WA FHing Date 07/220011 Expiration Date 07/3)/2017 Inactive Date Duration Perpetual Registered Agent Information Agent Name SARAH J SHUFELT Address 852S STONEY CK LN SW City OLYMPIA Slate WA ZIP 985120000 Special Address information Address City State Zip GwemingPersons(asdefined in RCW 2395.1(15(12)(httpliappJegwa gwi RCW /supdefaUlLaspx7titc=J3.95.105n Title Name Address Governor AMELL, SARAH Federal Way ClrY OF WASHINGJ,* T I 0 N NS OF CITY HALL SERvCS DOING BUSINESS OUR (OMMLNifY a e-Permits HOME Terms Conditions PUBLIC INFORMATION Locate a Business a Permits Information Issued Permits 4 contractor r Search REGISTERED USERS • Apply for Permit • View MyPerrnits • Lorltirliatstisn • N.S.91-ftligiitiQn Ilaskigainitatilkiat • Login 17 1 03i) at Business Registration 111111111111111111111111111111111111111111111111111111111111111111 Non-Resident AQUA TERRA CULTURAL RESOURCE Feb 06, Business Services Open Feb 06, 7b17 no Dec 31, 2017 CONSIATANTS Applicant Business Owner Mailing Address Business Ownership Type S.I.C. Code Number of Full-Time Employees in City Business Phone Number Number of Part-Time Employees in City Date Business To Start in FW UC,BUSINESSUC (1530) Application Received - Application Routing Pre-Issuance Processing - BL Closed Closed Closed 8529 STONEY CREEK 1.14 SW 8525 STONEY CREEK LN SW 8525 STONEY CREEK LN SW OLYMPIA OLYMPIA OLYMPIA WA WA WA 98512 98512 98512 (360)359-6701 (160)359-6701 (360)359-6701 Corporation 8700 - Professional Services 0 3603596701 0 Feb 07. 2017 pativam. E JaiA pj.i.QCESSgS ASO NOTI Feb Db. 6vb 06, 2017 Feb 06, 2017 sab os, 21217 Fen 0'6, 2017 Feb 06, 2017 $0.00 Feb 06, 2417 Feb 06, 2017 Feb 06, 2017 n •1135.7570) Robyn &di (253-835-7527) Robyn-13MA l253-05.757,7) 0 0 tuatio Nome Pnri Emad I Contact Us Ernwoyee Resources copyrio, Access,otlr., Smar, ,r-ars.4t1 itt4 "m" 33325 811 Ae South, Federal 'Nay. WA`./O03 253-'335-7000 I Poe. f RETURN TO: PW ADMIN EXT: 2700 ID# J 7 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS l f#1. f C A*W AWAff/E*Y- 2. ORIGINATING STAFF PERSON: .�Y .2>OGtGdi7lt' EXT: _3--- 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 • ' ' 1 L rt L. L ` t r. ?►� ' ! r a ,„ ` i[ x''ni 6. NAME OF 1 1 ' : .. Lr 1 111 l. . % -a Rtxe4 ADDRESS: r 1r -. r „ .0 E-MAI .r. rc�4 [-� ... ,. WTI I INTOW & i IL I.'i 7. EXHIBITS AND ATTACHMENTS: CK SCOPE, WORK OR SERVICES aC COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 11-100197:!) BL, FXP. 12/31/ 0 apff fflfx , I xP. 1 1 8. TERM: COMMENCEMENT DATE: _U(�A/++l Jb COMPLETION DATE: 9. TOTAL COMPENSATION: $ /9 �,QS ` (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 f1 PURCHASING: PLEASE CHARGE TO: JW- 5/00- ;f%-Sf Ai-- ql - yeg 10. DOCUMENT/ CONTRACT REVIEW PC PROJECT MANAGER X DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: All 12. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: 1 30 I-1 ATTACH: SIGNATURE AUTHORITY, E, LICENSES, EXHIBITS DATE SIGNED LAW DEPT e, m S1GNAl'0 I r(MAAYDORO ) C'I,Y CLER - ASSIGNED AG # YQ51GNI-D COPY RETURNED L'I'URN ONE ORIGINAL COMMENT." CXECi�N ORIGINALS INITIAL _/ DATE APPROVED COUNCIL APPROVAL DATE: - DATE RECD: 1115 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 03 -6325 (253) 835 -7000 vvww cityoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR CULTURAL RESOURCE ASSESSMENT OF THE MEERS HOMESTEAD PROPERTY This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Aqua Terra Cultural Resource Consultants, LLC, a Washington limited liability company ( "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: AQUA TERRA CULTURAL RESOURCE CONSULTANTS, LLC: Sarah Amell 8525 Stoney Creek Lane SW Olympia, WA 98512 (360) 359 -6701 (telephone) Sarah AquaTerraCRC.com The Parties agree as follows: CITY OF FEDERAL WAY: Tony Doucette 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2753 (telephone) (253) 835 -2709 (facsimile) tony.doucette@cityoffederalway.com 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 April 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. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT 1 -. 9/2016 CITY Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. otyoffederalway com 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 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 - 9/2016 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue S Federal Way. WA 98003 003 -6325 (253) 835 -7000 www cityoffederalway corn 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, Verilication. 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. KOOKS 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 - 9/2016 N CITY OF CITY HALL Federal Way 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedernhvay. corn 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 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 Assignmen_ t 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 - 9/2016 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 �vww cttyoffederahvay coin 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 - 9/2016 ` Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: 1i e411, Mayor DATE:`' ATTEST: ft tep a 'e Courtney, CMG Ci y Clerk APPROVED AS TO FORM: ,�Ox/ City Attorney, Acting AQUA TERRA CULTURAL RESOURCE CONSULTANTS, LLC: B ., -) 44-9 �� tj Sarah Amek. MMA, RPA Title: Member, Principal Archaeologist DATE: STATE OF WASHINGTON ) ) ss. COUNTY O ) On this day personally appeared before me Sarah Amell, to me known to be the Member of Aqua Terra Cultural Resource Consultants, 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 she was authorized to execute said instrument. GIVEN my hand and official seal this ` day of e biLA)nA 20.j 4«Ki6�f�rj��f, Notary's signature 1 10" et4" ri Notary's printed name a °T °R� Notary Public i n and for the State of W is I i i i i g ton, My commission expires(f L1 +li`1 19,tiO�' OwFS�e��$� �(1k11141tiv�'�� PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2016 CITY OF .L Federal Way EXHIBIT A SERVICES Background CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 mm cityoffederalwey. com The City is proposing the removal of existing structures located in Federal Way, Washington at 36818 8" Ave S, King County, WA (Tax Parcel No. 3221049112). The primary existing structure slated for removal, known as the Meers Homestead, was built in 1890. All other structures on the property, including one cistern building, a barn, two sheds, and a well pump house are slated for demolition. The property was acquired with the City's conservation futures program with the intent to preserve high value riparian habitat and wetlands within the Hylebos Basin. Once properties are acquired, existing structures are demolished and parcels are restored to a natural condition and allowed to remain as undeveloped conservation land. A future City Project proposes possible use of the Meers Homestead site as a trailhead for a larger trail system throughout conservation properties within the Spring Valley, but no detail is available at this time. The City contacted the King County Historic Preservation Program during acquisition and again following acquisition regarding the historic status of the homestead. The King County Preservation Architect completed a building assessment of the Meers Homestead and the adjacent structures on the property. The Preservation Architect confirmed that the Meers Homestead is listed in the King County Historic Resource Inventory (HRI 1894) and determined that the structure is eligible for listing on the National Register of Historic Places. The Washington Department of Archaeology and Historic Preservation (DAHP) concurred with the determination of eligibility, citing criteria A as the property reflects the rural and agricultural history of southern King County. DAHP also cited criteria C as the house itself is a very rare vertical plank structure, one of very few remaining in King County. Relevant Washington State laws address archaeological sites and Native American burials. The Archaeological Sites and Resources Act (RCW 27.53) prohibits disturbance of known prehistoric and historic archaeological sites on public or private lands. The Indian Graves and Records Act (RCW 27.44) prohibits disturbance of American Indian graves and provides that inadvertent disturbance through construction or other activity requires re- interment under supervision of the appropriate Indian tribe. ATCRC will assist the City's compliance with these various state requirements by identifying the presence of historic resources within the Area of Potential Effect (APE) through completion of the following tasks: Task 1: Background Research Contractor will conduct background research at appropriate repositories, such as DAHP, affected tribal cultural resource departments, the King County Historic Preservation Program, university libraries, local history museums, and informants. Contractor will use sources appropriate to the task, such as public records, private manuscript collections, online General Land Office records, published (secondary) sources, Sanborn fire insurance maps, and other relevant repositories. The objective of the research shall be to develop a full understanding of the historical context, land use patterns, and previously identified sites within the APE. The City will provide Contractor with a detailed written description of the project area, including relevant documentation (maps, plan sheets, photos, etc.). Contractor will document the research results from the field survey and /or background research in Task 4. Task 2: Cultural Resources Survey A project Area of Potential Effect will be developed, describing an area that encompasses all of the proposed horizontal and vertical project impacts for the proposed project. The cultural resources survey will be completed by the Contractor using standard, industry- accepted methods appropriate to the project PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2015 ` Federal Way Feder [17Y of CITY HALL 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com area and landform. All survey activities will comply with the DAHP Survey and Inventory Standards (www.dahp.wa.gov). Special care will be taken to determine site boundaries if archaeological resources are present. Any recovered artifacts will be documented and photographed in the field and returned to the survey location. Assumptions: • Up to 12 shovel -tests will be completed for the project. • Historic /archaeological resource site boundaries will be determined within the parcel approved for access /survey. Cost estimate does not allow for recording of site boundaries that lie outside the APE. • A separate cost estimate will be prepared for the client in the case that a Site Protection Plan or additional work (e.g. construction monitoring, recording of site boundaries that lie outside the approved APE, curation agreements) is required due to discovery of historic /archaeological resource materials. • The client will have all utilities on -site clearly marked prior to initiation of any fieldwork activity. Task 3: Resource Forms Contractor will summarize results of the survey. Any previously recorded cultural resources will be examined and updated as necessary. Newly identified archaeological resources within the project area will be required by DAHP to be fully documented on a Washington State Archaeological Site or Isolate Form and include a written description of the site and its setting, sketch maps, USGS quadrant maps, and photographs. Assumptions: • No cultural resources (objects 50 years or greater) will be encountered during field survey requiring preparation of a Washington State Archaeological Site and/or Isolate files. If resources are identified during survey their management and subsequent tasks will be addressed under contract amendment. • The Meers House structure has an existing Historic Property Inventory Form and Determination of Eligibility on file with DAHP. The Meers House HPI will be updated after completion of Task 4. • The tasks for recording the Meers House (DAHP's recommendation of a combination of Level 1 and 2 Mitigation Recordation) are outlined below. • The Homestead and cistern are the only two structures on site associated with the Meers House that will be required to be recorded on a Historic Property Inventory Form. Task 4: Mitigation Recordation of the Meers House The Meers House is significant for its design, construction type, and high degree of integrity. The DAHP was consulted by the City on the project (October 2016) and recommended recordation of the structure, with the following comment (Griffith 2016): "Following are some more specific comments and recommendations for your consideration to implement: 1) Recordation: We recommend a meticulous recordation effort of the house; Here is a link to our mitigation recordation standards: hyp:// dahlxm.ggQvesites!cAefcairlt/ lcs/M1lit +� ,err,rrL�cic.trnrrrr�lcrlrr7�f '�tr���l�I its I. »/x: While we do not think the Meers House needs to be coordinated with the National Park Service, we do think it is important to have a historic preservation professional produce line drawings of the house supplemented with photography and narrative... in essence a combination of DAHP Levels I and H. We recommend that the selected consultant be in contact with DAHP staff and Todd Scott to speck specific tasks and elements for the documentation. PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003 -6325 (253) 835 -7000 vvww cayoffederalway corm Contractor will assist the City with developing the recommended combination of DAHP Level 1 and 2 Mitigation Recordation. This documentation will adequately explicate and illustrate what is significant or valuable about the Meers House structure. The following documentation shall be completed, reviewed and accepted as adequate by DAHP prior to implementation of the project. All documentation shall be submitted in 8 '/2 x 11 format and printed on archivally stable paper (25% cotton bond or better) and provided in a PDF format. • Drawings: a full set of line drawings depicting existing or historic conditions. Contractor will provide information for City to draft and review drawings to include in submittal. • Photographs: digital photographs of exterior and interior views, existing drawings or historic views. • Written data: history and description. • Historic and common name of property. • Property Address (street address, city, county and section/township /range). • Date of construction (justified through documented sources). • Complete stylistic and /or architectural description of the resource including documentation of changes that have occurred over time. • Description of architectural and /or associative significance using reliable sources. • Contextual information, which equates the significance of the property. • Original and current function. • Ownership /occupancy history. • Name and biographical information of architect and /or builder. • Description and justification for action requiring mitigation. • Sketch site plan showing footprint of subject resource and surrounding buildings. • Sketch floor plans of existing conditions of all levels of each building, or copies of original plans if available (8 '/2 x 11 format or scanned to CD rom). • If available, printed copies or clear laser- copies of historic photographs. • GLO map and /or USGS quad /topo map indicating location of property with UTM's. • Complete or update Statewide Historic Property Inventory form in electronic version (if not already done). All photos will be digital format (creating images printable with a minimum 300dpi) and printed using archival quality (hand - processed and /or printed on fiber -based paper or resin - coated paper which has been washed with a hypo - clearing or neutralizing agent) paper meeting a 75 year standard. DAHP does not require negatives to be sent; however, if using digital files in addition to printed images, the electronic images should be burned to an archival CD and sent with the final documents. Printed photos shall be 5x7 (8 x10 optional) black- and -white or color prints and should include views of: • Overall site showing context and setting. • Each exterior elevation of subject property(s). • Detail images of significant character - defining features, such as windows, doors, eave details, porches, balconies, etc. (detail images). • General views of all significant interior spaces. • Significant structural details if building is of a rare construction method (i.e., post and beam, balloon framing, mortise and tenon joinery, etc.). Surrounding outbuildings, accessory structures or landscape features (if applicable). All photos must be identified with a list of the photographs indicating the property name, address (city, county), date of photograph(s), and view. A minimal identification option would be: labeling in pencil, PROFESSIONAL SERVICES AGREEMENT - 9 - 1/2015 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 mm cityoffederalway corn on the back, indicating property name address, city, county, date of construction, date of photograph, and view. Photos shall be submitted unmounted. Photocopies and Polaroid photos are not acceptable. Scanned photos will be supplemental only. Assumptions: • One field visit by the Contractor's Architectural Historian. • One phone call with DAHP to discuss mitigation documentation level of effort. • This SOW does not accommodate any tasks associated with DAHP's salvage recommendation. Task 5: Technical Report Contractor will prepare a draft summary report of their findings that includes relevant supporting evidence for the findings and adheres to the DAHP Survey and Inventory Standards. The report will provide context on pertinent land use customs and beliefs, identify sites within the project area, discuss methods used to survey the project area, and include recommendations on the eligibility of the site(s) and the likelihood of construction impacts. The draft report will include all resource forms and documentation described in Task 2 and 3. A draft report that includes a recommendation of project impacts on cultural /historic resource properties will be provided to the City for review six weeks after receipt of notice -to- proceed. Upon receipt of comment from the City, Contractor will revise and finalize the report to address specific concerns or suggested modifications. The final summary report will be suitable for submission to the City, DAHP, affected tribes, agencies, and other concerned parties. Due to confidentiality requirements for archaeological site locations, distribution of the report will be restricted beyond any of the aforementioned parties subject to the Public Records Act, Chapter 42.56 RCW. Task 6: Project Management Contractor will coordinate with the City to receive project materials, prepare invoicing, and transmit correspondence. Contractor will maintain project files to include necessary supporting materials as required. The Project Manager will monitor project task performance, schedule, budget, and approve project expenses. The Project Manager will ensure that systems are in place to conduct quality assurance and quality control on deliverables and correspondence. Assumptions: • The Contractor's Project Manager will be available for regular phone calls and emails with the client to facilitate completion of the assignment, as necessary. Project Materials The City will supply or facilitate Contractor acquisition of the following items needed for this project: • Preliminary and revised plan maps showing the location and extent of the project; • Any additional descriptive information and design drawings that show the extent /depth of trenching, grading, excavation, or other ground disturbance associated with the project; • The results of any geotechnical boring or subsurface testing that may assist in development of a land use /land formation history; and • Contact information or documented permission from property owners to access the survey area. Deliverables and Schedule The draft report deliverable will be submitted to the City for review and comment. Contractor will incorporate any comments received from the review and finalize the report before submission to the City PROFESSIONAL SERVICES AGREEMENT -10- 1/2015 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com and DAHP. The final CRA assessment report deliverable will be sent to client within two weeks after receipt of comments on the draft. PROFESSIONAL SERVICES AGREEMENT - 11 - 1/2015 CITY OF .� Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 vvww cityoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Nineteen Thousand Six Hundred Twenty -Five and 25/100 Dollars ($19,625.25). 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, including reimbursable expenses: 'Task and Description Principal Investigator Senior Arch Architectural Historian Project Arch CRTech II Admin Cost $ 125 $ 96 $ 90 $ 85 $ 78 $ 65 'Task 1. Background Research 6 $ 576.00 Task 2. Cultural Resource Survey 10 10 $ 1,630.00 Task 3. Resource Forms (Summit Solutions Group) 30 $ 2,700.00 Task 4. Mitigation Recordation of the Meers House (Summit Solutions Group) 102 $ 9,180.00 Task 5. Technical Report 2 12 2 $ 1,532.00 Task 6. Project Management 8 $ 1,000.00 Total hours 10 18 132 10 10 2 $16,618.00 Subtotal Labor Cost $ 1,250 $1,728 $ 11,880 $ 850 $ 780 $ 130 Reimbursable Expenses Travel Mileage (site visits) $ 106.00 Subcontractor and non -labor markup $ 1,198.60 Subtotal $17,922.60 Sales Tax $ 1,702.65 Total Cost $19,625.25 PROFESSIONAL SERVICES AGREEMENT -12- 1/2015 EXHIBIT C i(JITi CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 2/16/2017 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: Ifthe certificate holder is an ADDITIONAL INSURED, the policy()es) 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 endorsements . PRODUCER Shipley & Pease Insurance P O Box 928 Woodinville, WA 98072 LILY C C Stan. Pease PHONE (206) 395 -7872 FA" 503 282 3345 IAIC No E -MAIL _ stare s ip ey1ns . com AUDEF INSURERS AFFORDING COVERAGE NAICN JNSURERA Beazley Insurance Company 23043 INSURED Aqua Terra Cultural Resources 5518 Trosper Lake St SW Tumwater, WA 98512 360 359 6701 3/17/1 INSURERS: Liberty Mutual Insurance EACH OCCURRENCE INSURER INSURER D: $ 1,000,000 INSURER E: MEDEXP An one arson) INSURER F COVERAGES CFR_flP1rATF NIJIVIRFR- RF\A.q]nN NIIMRFR• 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 LTR TYPE OF INSURANCE g a POJCYNU R LILY POLICY Y LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE E— l OCCUR Y BZS6663512 3/17/1 3/17/1 EACH OCCURRENCE $ 1,000,000 p $ 1,000,000 MEDEXP An one arson) $ 15,000 PERSONAL. BADV INJURY $ 1,000,000 OEWL R AGGREGATE LIMITAPPLIES PER: POLICY ®JECT 1:1 LOC OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMWOP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANYAUTO ALLOWNED SCHEDULED IX AUTOS AUTOS HIRED AUTOS ][ NON -OWNED AUTOS BZS6663512 3/17/16:3/17/1-7 com at NTO SINGE LI IT $ BODILY INJURY (Par person) $ BODILY INJURY (Per accident) $ PROPERT DAMAGE r $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DFSCRiPT)DN R NIA PER I ORH- E L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ A Professional Liability V125E3160501 3/1/16 :3/1/17 $1,000,000 Ea. Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule,may be attachedif more space is required) As respects General Liability certificate holder is named an Additional Insured as respects operations of the Named Insured. rl"RTIPIr_ATF "ni nFF7 P.Ahlrl -1 I ©TIrV0 City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 33325 8th Ave. S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Federal Way, WA 98003 ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE tony .doucette @cityoffederalway.com ©1988 -2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AQUATERRA CULTURAL RESOURCE CONSULTANTS, LLC LIBI Number 603119192 Category LLC Active /Inactive Ac,— State of Incorporation WA WA Filing Date 071220011 Expiration Date 07/31/2017 Inactive Date Duration Perpewal Registered Agent Information Agent Name SARAH J SHUFELT Address 8525 STONEY CK LN SW City OLYMPIA State WA ZIP 985120000 Special Address Information Address City State Zip Gavenning Persons (as defined in RCW 23.95.105 (12) (http )/ app. leg wa. gov/ RCW /Supdefau[Laspx ?citL-23.95.105)) Title Name Address Governor AMELL, SARAH) CItV OF Way WASHINGTON ITION w PERMIT /BUSINESS DETAILS e- Permits HOME sy Reference File Work Application Expiration ID Dsntla pv Sub Type Name Status Issue Date Nmne Type Date Date ro Terms & Conditions 17 1D0573 000 00 Business Nan - Resident AQUA TERRA CULTURAL RESOURCE Feb 06, BI. Registration Business Services CONSULTANTS Open Feb 06, 2017 2017 Dec 31, 2017 PUBLIC PROPERTY DETAILS INFORMATION Number Pre. Street Street Dir Suite Suite Lily State lip 1,L181 flt�sc 1� Locate a Business Type' Type Nu nbee - 8525 STONEY CREEK 4.N SW OLYMPIA WA 98512 r Permits Information PEOPLE DETAILS Issued Permits Desc. Org. Name Address city State Zip Phone# Applicant 8525 STONEY CREEK LN SW OLYMPIA WA 98512 (360)359 -6701 Business Owner 8525 STONEY CREEK LN SW OLYMPIA WA 98512 (360)359 -6701 11 Contractor Search Mailing ddress 4 8525 STONEY CREEK LN SW OLYMPIA WA 98512 (360)359 -6701 REGISTERED BUSINESS INFO USERS Info. Desc. Value Business Ownership Type Corporation er Apply for Permit S.I.C. Code 8700 - Professional Services Number of Full -Time Employees in City 0 n View My Permits Business Phone Number 3603596701 Number of Part -Time Employees in City 0 ea Reouest Inspection Date Business To Start in FW Feb 07. 2017 New Registration PERMIT /LICENSE FEE(S) Fee Desc. Fee Amount Balance • LlpAt a itggl5trd ion LIC- BUSINESS LIC. (1530) $80.00 $0.00 Loein PROCESSES AND NOTES Process Description Status 5r.hedule Date Start Date End Date Atsigned Staff # of Attempts Application Received - BL Closed Feb 06, 2017 rHi 06, 2017 Fr,.b U(J. 7017 Robyn Buck (253. 835.2527} 0 Application Routing Closed Feb 06, 2017 Feb 06, 2017 Feb 06, 2017 Robyn Buck (253- 835.2527} 0 Pre - Issuance Processing - BL Closed Feb 06, 2017 Feb 06, 2017 Feb 06, 2017 Robyn Buck (25')435.25527} 0