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AG 18-104 RETURN TO: PW ADMIN EXT: 2700 ID#: 3854 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/Div: PUBLIC WORKS/Surface Water Management Div ORIGINATING STAFF PERSON:Theresa ThurloW EXT: 2750 3. DATE REQ.BY:ASAP i. TYPE OF DOCUMENT(CHECK ONE): p 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#): 1 8-104 ❑ INTERLOCAL ❑ OTHER G. PROJECTNAME: SWM CIP/Comp Plan update and rate study Amendment term only NAME OF CONTRACTOR: Herrera Env Consultants Inc ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: i. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHEF REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. TERM: COMMENCEMENT DATE:July 31, 2018 COMPLETION DATE: March 30. 2021 i. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES E3 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 13 YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: �. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER 6 DIVISION MANAGER �. O DEPUTY DIRECTOR DSW 12/29/20 O DIRECTOR -- ❑ RISK MANAGEMENT (IF APPLICABLE) O LAW DEPT MP 1 213 0/2 0 2 0 0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING i _('v'� �� DATE REC'D: / ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: / ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT XLAw DEPT 1 14 z OR DIRECTOR) f F RK ❑ ASSIGNED AG# A C ❑ SIGNED COPY RETURNED DATE SENT: :OMMENTS: ;XECUTE" "ORIGINALS I/2020 CITY OF CITY HALL FC�de Ca i wa Feder 8tr,Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatmy corn AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR SURFACE WATER MANAGEMENT ("SWM") COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PROGRAM UPDATE AND RATE STUDY This Amendment ("Amendment No. [3]") is made between the City of Federal Way, a Washington municipal corporation("City"),and Herrera Environmental Consultants, Inc.,a Washington corporation("Contractor").The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Management Comprehensive Plan Capital Improvement Program Update and Rate Study("Agreement")dated effective July 31,2018 as amended by Amendment No#3,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, 2021 ("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 - Rev. 3/2017 A�kCITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.ci"ffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Ji rrell, ayar t ph nie Courtney, CMC/ City Clerk DATE: f APPROVED AS TO FORM: &.1 A4�vf" r J. Ryan Call, City Attorney HERRERA ENVIRONMENTAL CONSULTANTS, INC.: By: _ Printed Name: 1 ( G U Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me t i aw- 11la,4 to me known to be the LbL"Lc' , 'L,. - 'of yt at executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN,my hand and official seal this day of 'UL { 20 Notary's signature Notary's printed name ( M Not Pub in and for the State of Washington. c ; My commission expires , AMENDMENT -2 - Rev. 3/2017 Client#: 12725 HERRENVI 0/2020 MIDD/YY ACORDTM CERTIFICATE OF LIABILITY INSURANCE 11/2 DATE(MMIDDNYYI� 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rachel Reese NAME: Propel Insurance �_a/CC,Nri,Ext):206 262-4368 ��"� NQ): 866 577-1326 Seattle Commercial Insurance E-MAIL SS. rachel.reese@propelinsurance.com 601 Union Street, Suite 3400 INSURER(S)AFFORDING COVERAGE I NAIC# Seattle,WA 98101-1371 INSURER A:Ironshore Specialty Insurance 25445 INSURED INSURER B:Ohio Security Insurance Company 124082 Herrera Environmental Consultants Inc INSURER C 2200 6th Avenue#1100 INSURER D Seattle,WA 98121 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDI.SU13R, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) I LIMITS A X COMMERCIAL GENERAL LIABILITY IEPICB43N3001 11/24/2020111124/2021!EACH OCCURRENCE $1,000,000 D PIP dE 1i]F`ENTED CLAIMS-MADE X OCCUR PN 1 S1 IFa nccurr ce) $SOO,000 MED EXP(Anv one person) $25.00_0 PERSONAL B ADV INJURY $1'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY F JECT 7 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Is B AUTOMOBILE LIABILITY _ BAS1956989902 11/24/2020 11/24/2021 EOMaHE d,DtSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS $ HIRED r NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY PeraccIdent _ I $ A UMBRELLA LIAR j OCCUR IEELCASB43N7001 11/24/2020 11/24/2021 EACH OCCURRENCE $10 000,000 x EXCESS LIAB X I CLAIMS-MADE AGGREGATE $10 000 000 DED F RETENTION$ $ ER A WORKERS COMPENSATION IEPICB43N3001 11/24/2020 11/24/2021 STA L _�._— oPH- AND EMPLOYERS'LIABILITY AN PP" R.GI,JRIPARTNERIE.XECUTIVEY/N WA STOP GAP E.L.EACH ACCIDENT $1,000,000 FFI._EP 1 13ER EXCLUDED? FBI N/A -- — (Mandatory,n NH) E.L,DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E L DISEASE-POLICY LIMIT $1.000.000 A Professional Liab IEPICB43N3001 11/24/2020 11/24/2021 $1,000,000 Each Claim Pollution $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: Herrera Project No. 18-06849-000 Project Name: Surface Water Management Comprehensive Plan, Capital Improvements Program Update and Rate Study Additonal Insured status applies to City of Federal Way per attached forms. CERTIFICATE;HOLDER CANCELLATION Celt of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 9th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4380078/M4379775 RJ R00 This page has been left blank intentionally. IEPICB43N3001 ,! K)k f Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26, 34 and 36 of form SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof,of which you have more than 50%ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization; and d. Coverage under this policy does not apply to damages arising out of any act, error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members(if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)above;or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees,volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations,your work, equipment or premises leased or rented by you,or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. a. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee,or receiver. a. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 S. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. This page has been left blank intentionally. COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE- BROADENED COVERAGE 11 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION 1-COVERED AUTOS is amended as follows: 1. TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I-COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 SECTION II -LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN / LEASE GAP COVERAGE(Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan'; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto'; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 C. SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a 'loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible ,does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured'; b. Legally parked; and c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident', the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the 'loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to,give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV -BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 This page has been left blank intentionally_ Lolk?-MyBsnana c.rianties dung System Ir•s5 IUSINESS INFORMATION Business Name: HERRERA ENVIRONMENTAL CONSULTANTS,INC. UBI Number: 600 633 936 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 2200 6TH AVE STE 1100,SEATTLE,WA,9 81 21-1 8 67,UNITED STATES Principal Office Mailing Address: 2200 6TH AVE STE 1100,SEATTLE,WA,98121-1867,UNITED STATES Expiration Date: 03/31/2021 Jurisdiction- UNITED STATES,WASHINGTON Formation/Registration Date: 03/05/1986 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL,SCIENTIFIC&TECHNICAL SERVICES,ENVIRONMENTAL ENGINEERING CONSULTING SERVICES tEGISTERED AGENT INFORMATION Registered Agent Name: MICHAEL SPILLANE Street Address: 2200 6TH AVE#1100,SEATTLE,WA,98121-0000,UNITED STATES Mailing Address: 1220 CORONADO PL,EDMONDS,WA,98020-6617,UNITED STATES ;OVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL PHILIP COUGHLAN GOVERNOR INDIVIDUAL JOHN LENTH GOVERNOR INDIVIDUAL CAROL SLAUGHTERBECK GOVERNOR INDIVIDUAL MICHAEL SPILLANE GOVERNOR INDIVIDUAL MARK EWBANK ,^'—...r!1 INIfll 1-1 I A I TLJ Ct7CC 1A11- GOVERNOR INDIVIDUAL ALICE LANCASTER GOVERNOR INDIVIDUAL CHRISTOPHER WEBB Back Filing History N�story Print Return to Business Search L— RETURN TO: PW ADMIN EXT: 2700 ID#: 3732 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINAT NGDEPT/DIV: PUBLIC WORKS/ surface Water Management Div 2. ORIGINATING STAFF PERSON:Theresa Thu How EXT: 2750 3. DATE REQ.B�: Apr 23, 2020 3. TYPE OF DOCUMENT(CHECK ONE : p CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICE AGREEMENT O MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) O ORDINANCE ❑ RESOLUTION O CONTRACT AMENDMENT(AG#): 1 8-104- O INTERLOCAL O OTHER 4. PROJECT MtmE: SWM Comp plan/CIP Update and Rate Study Amend #2 term only 5. NAME OF CONTRACTOR: Herrera Environmental Consultants, Inc. ADDRESS: 2200Sixth Ave Shite 1100, Seattle. WA 98121 TELEPHONE:206-441-9080 E-MAIL:-rdugopoiski ,. herrerainc.com _ -_.. _ FAX: SIGNATURE NAME: Theresa M. Wood TITLE:Vice President 6. EXHIBITS AND ATTACHMENTS:O SCOPE,WORK OR SERVICES O COMPENSATION O INSURANCE REQUIREMENTS/CERTIFICATE O ALL OTHER REFERENCED EXHIBITS O PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. 7. TERM: COMMENCEMENT DATEjuly 2018 COMPLETION DATE: new- December 31, 2020 8. TOTAL COMPENSATION:$N/A (INCLUDE EXPENSES AND SALES TAX,IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: O YES O NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: O YES O NO IF YES,$ PAID BY: O CONTRACTOR O CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 304-3100-287-594-31-410 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER °; d DIVISION MANAGER d DEPUTY DIRECTOR DSW 4/10/2020 O DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) n LAW DEPT ER 4/30/2020 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING 510'%4s`2 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 4130/20 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW EPT r t ATORY(MAYOR OR DIRECTOR) !✓ ❑ CITY CLERK ❑ ASSIGNED AG# AG ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" ORIGINALS 4/29 Business license status is delinquent and needs to be updated with Washington State Secretary prior to execution.mp 1/2020 CITY of: CITY HALL F d a ra I Way Feder 8th Avenue South Federal Way,WA 88003-6325 (253) 835-7000 WwwC ynff0de"aNVJy.cnm AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR SURFACE WATER MANAGEMENT ("SWM") COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PROGRAM UPDATE AND RATE STUDY This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"), and Herrera Environmental Consultants, Inc., a Washington corporation("Contractor").The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Management Comprehensive Plan Capital Improvement Program Update and Rate Study("Agreement")dated effective July 31,2018,as amended by Amendment No. 1,as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2020 ("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 k Rev. 3/2017 eIry OF CITY HALL Federal Way Feder l Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityaffederaMW-com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: ;� Ji errcK Mayor pji'anie Courhiey, CM ity Clerk DATE: ! � APPROVED AS TO FORM: J. Ryan Call, City Attorney HERRERA ENVIRONMENTAL CONSULTANTS, INC: By: . Printed Name: se-6,j sp Title: DATE: 5-I / zo Zo STATE OF WASHINGTON ) ss. COUNTY OF 1L, On this duty personally aplwarcd before me0 1� to me known to be the �- of ' �t executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this f L day of 20X � y4`���tixw^Sky Notary's signature Notary's printed name r� .� y Y ui*r „ ',," ` •yi Ncw;J)LA c in d for the State of Washington. IL` � "; ;` r My commission expires_ 04—,Ig AMENDMENT - 2 - Rev. 3/2017 BUSINESS LIC U.NS Issue Date: Apr 17, 2020 Profit Corporation Unified Business ID#: 600633936 Business ID#: 001 Location: 0001 HERRERA ENVIRONMENTAL CONSULTANTS, INC. Expires: Mar 31, 2021 2200 6TH AVE STE 1100 SEATTLE, WA 98121-1867 UNEMPLOYMENT INSURANCE-ACTIVE INDUSTRIAL INSURANCE-ACTIVE MINOR WORK PERMIT-ACTIVE TAX REGISTRATION -ACTIVE CITY ENDORSEMENTS: MUKILTEO GENERAL BUSINESS- NON-RESIDENT(EXPIRES 4/30/2021)-ACTIVE KIRKLAND GENERAL BUSINESS-NON-RESIDENT(EXPIRES 2/28/2021)-ACTIVE ANACORTES GENERAL BUSINESS- NON-RESIDENT-ACTIVE BELLINGHAM GENERAL BUSINESS#033729-ACTIVE ISSAQUAH GENERAL BUSINESS- NON-RESIDENT#BUS05-00053-ACTIVE MERCER ISLAND GENERAL BUSINESS - NON-RESIDENT#170457-ACTIVE FEDERAL WAY GENERAL BUSINESS-NON-RESIDENT(EXPIRES 4/30/2021)-ACTIVE LYNNWOOD GENERAL BUSINESS- NON-RESIDENT#BUS002420-09-2019 (EXPIRES 9/30/2020)-ACTIVE DUTIES OF MINORS: Ages 16-17: Filing, answering phones, data entry LICENSING RESTRICTIONS: It is the business's responsibility to comply with minor work permit requirements. See WAC 296-125-030 and WAC 296-125-033 for Non-Agricultural and WAC 296-131-125 for Agricultural guidelines and restricted activities. g iluti a w.tuu+.u! Ira, Ihr•registrItlruns,ertdcrrrcu Bids, drld fill tilt,lnrxleuam. i^I uduu^tl.thuu fly.0�tlrlint;llliy dau timent,tilt-lirewwe ter tifrts the iufurrioelierr rill the applrr.rli t' NVAt c'urltyrlrrle,lrue,.tnd.rtt urah,to)tilt-he,l(A tri,of ltvt krrtmiedl,e..uld that hu4irreys Hili umiduc it-d tit tumlrlimict,with,ill.11tplit;alrlt V ladliut,rrur nt.tle,rrnuttk,.ural 61V rt--,ill:!I I'l 1, i __,kTT-OF WASHINGTON UBI: 600633936 001 0001 Expires: Mar 31, 2021 HERRERA ENVIRONMENTAL UNEMPLOYMENT INSURANCE- CONSULTANTS, INC. ACTIVE 2200 6TH AVE STE 1100 INDUSTRIAL INSURANCE-ACTIVE SEATTLE,WA 98121-1867 MINOR WORK PERMIT-ACTIVE TAX REGISTRATION-ACTIVE MUKILTEO GENERAL BUSINESS- NON-RESIDENT(EXPIRES 4/30/2021) -ACTIVE KIRKLAND GENERAL BUSINESS- NON-RESIDENT(EXPIRES 2/28/2021) -ACTIVE ANACORTES GENERAL BUSINESS- NON-RESIDENT-ACTIVE AM GENERAL BUSINESS #03372 - #033729-ACTIVE ISSAQUAH GENERAL BUSINESS- NON-RESIDENT#BUS05-00053- Client#: 12725 HERRENVI ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 11/20/2019 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0""Cl Elizabeth Olson NAMF Propel Insurance PHtlNE FAX rA/r. No xt E •800 499-0933 A/C_No,: 866 577-1326 Seattle Commercial Insurance E-MA'Leliz8beth.alson Et ro elirrsuralice.corn 601 Union Street,Suite 3400 INSURERS AFFORDING COVERAGE NAIC# Seattle,WA 98101-1371 INSURER A:Ironshore Specialty Insurance 25445 INSURED Herrera Environmental INSURERS:Ohio Security Insurance Company 24082 Consultants Inc INSURER C: 2200 6th Avenue#1100 INSURER D Seattle,WA 98121 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRSTYPE OF INSURANCE R ADDL UBRI POLICY EFF POLICY EXP SBS yip I POLICY NUMBER MM/DD/yyV MM/DD/YYYV LIMITS A ][ COMMERCIAL GENERAL LIABILITY 000826910 11/24/2019 11/24/2020 EACH OCCURRENCE M$1.000,000 CLAIMS-MADE u OCCUR PREDAMIAGFT(�FRENTEDn $500,000 MED EXP(Any oneperson) s251000 PERSONAL&ADV INJURY si 000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 X POLICY EJ JECOT L LOC PRODUCTS-COMP/OP AGG $2.000.000 OTHER: $ B AUTOMOBILE LIABILITY BAS1956989902 1/24/201911/24/2020,`c"F"'�'-r`i;;�-e`'''ra'- '.,�s'T 1,000.000 G)..l X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ xAUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAIJAGe AUTOS ONLY X AUTOS ONLY orv, $ A UMBRELLA LIABOCCUR 000827010 11/24/2019 11/24/2020 EACH OCCURRENCE s4.000 OOO )( EXCESS LI1AB X CLAIMS-MADE AGGREGATE s4.000.000 nrn I RETENTInN$ WORKERS COMPENSATION 000826910 11/24/2019 11/24/2020 PER OTH. AND EMPLOYERS'LIABILITY A �UJV PR::).SIF T !H=�aNrt IP-H EXECUTIVE WA Stop Gap Only E L EACH ACCIDENT $1.000.000 0-F:!:EI7"EN9BI'_I%r;T:i'_.i,rwr D^ N N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE 1$1,000.000 If yes,describe under ' DESCRIPTION OF QPERATIONS beloIEL_DISEASE-POLICV LIMIT 1$1,000,000 A Professional Liab 000826910 1/24/2019 11/24/2020 $1,000,000 Each Claim Pollution 7 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:Herrera Project No.18-06849-000 Project Name: Surface Water Management Comprehensive Plan,Capital Improvements Program Update and Rate Study Additonal Insured status applies to City of Federal Way per attached forms. CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 9th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3911102/M3910998 FAR00 000826910 Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26,34 and 36 of form SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds,but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured.Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof,of which you have more than 50%ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization;and d. Coverage under this policy does not apply to damages arising out of any act,error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business,or your employees, other than either your executive officers(if you are an organization other than a partnership,joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However,none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members(if you are a limited liability company); a. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee,or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee,or receiver. a. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 S. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II—LIABILITY COVERAGE, paragraph A.1.—WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured"does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 7 b. Your"employee" hires or rents under a written contract or agreement in that"employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss"in any one"accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of$750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck"or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For"light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However,the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III— PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 3 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of. a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a,lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision,the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States,the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of 7 RETURN TO: PW ADMIN EXT: 2700 ID#: :3 60 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DTV: PUBLIC WORKS r` �f o 2. ORIGINATING STAFF PERSON: ���C►--� w U� EXT: y?� 3. DATE REQ.BY: OC T A( I ZO (1 3. TYPE OF DOCUMENT(CHECK ONE): Cl 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 Q ❑ RESOLUTION ,?rl'-ONTRACT AMENDMENT(AG#):ti v r ❑ INTERLOCAL ❑ OTHER �rII Q� 4. PROJECT NAME:_SIIJyA Cot— 0---% )C t -p Lie�� 5. NAME OF CONTRACTOR: ADDRESS: -9- 00 12A TELEPHONE: '2�OLP` 14 I " E-MAIL: GO FAX: 2L6-Q 4( - I 's SIGNATURE NAME: S0. NN Clod TITLE: 6- ExHIBITS A�t4D ATTACIINIEiiN T$.:� cOPE.WORK OR SERVICE4,E'COA•]PE,`i�;\TTC)n O ALL O'T'HER REFERENCED EXHIBITS Cl PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES . PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP.12/31/_ UBI# ,EXP._ / -/- 7. TERM: COMMENCEMENT DATE: Cc cyN�%A COMPLETION DATE:. jL, '31 �7 { $. TOTAL COMP�N TI N: L d 1 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE To: OLA -swc- n-1 -Jr`// 4 -'2)k_%A„ 9. DOCUMENT/CONTRACT REVIEW INITIAL 1 DATE REVIEWED INiTiAL/DATE APPROVED ❑ PROJECT MANAGER I t 01a f �y ? flIViSION MANAGER (O 1 1 EPL3TY DIRECTOR OR tcllwlf)�* �!- 101IL51l t ❑ DIRECTOR 0 RISK MANAGEMENT (IF APPLICABLE) AW DEPT SQ Wxpl 10, COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 3f-f 11. CONTRACT SIGNATURE ROUTINGr 7 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �O 2-9 y I�I DATE REC"D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFIQATION FOR I 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.) INTTIAL/DATE SIGNED ❑ FINANCE DEPARTMENT AW DEFT SIGNATORY(MAYOR OR DIRECTOR) �1 C;ITY CLERK ❑ ASSIGNED AG# A ,SIGNED COPY RETURNED DATE SENT: ❑RETURN ONE O GINAL COIVIN�IENTS; •/ EXECUTE" 4ORIGINAL t✓1A"'^�-� vzois Gl Q rLI) Cc' Ji ` CITY OF CITY HALL Federal F+e d�e ra I 'Way F8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.corn AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR SURFACE WATER MANAGEMENT ("SWM") COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PROGRAM UPDATE AND RATE STUDY This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"), and Herrera Environmental Consultants,Inc.,a Washington corporation("Contractor").The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Management Comprehensive Plan Capital Improvement Program Update and Rate Study("Agreement") dated effective July 31, 2018 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, 2020 ("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 CITY HALL Federal ■ ,. ■ay Feder 8th Avenue South Federal Way,WA 98003-6325 \Y■ (253) 835-7000 www cityoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By Jim 'err 11, ayvr S h e Courtney, CMC, City Ierk DATE: APPROVED AS TO FORM: *V�- -rol J. Ryan Call, City Attorney HERRERA ENVIRONMENTAL CONSULTANTS, INC.: By: Printed Name: JhAfesa Title: _ \Lg � Date: STATE OF WASHINGTON ) ss. COUNTY OF )`-T1 On this day pe ona y appeared before me-1—Altz 40 to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Mm n K— 0 7 a Notary's signature c. Notary's printed name Af°1 L Not Publi and for the State of Washington. My o6mmission expires 05� �2� AMENDMENT - 2 - 3/2017 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: On July 22, 2019, the City of Federal Way(the City) authorized Herrera Environmental Consultants (Herrera)to prepare a scope and budget amendment to support the update of the City's Surface Water Management(SWM) Comprehensive Plan (Plan). This scope amendment includes a discussion of the activities, assumptions, deliverables, and a schedule associated with the following tasks: • Task 8.0—Project Management/Contract Administration • Task 9.0—Contingency ■ Task 10.0—Prepare SWM Comprehensive Plan Additional budget has been added to Task 8.0 due to the extension of the project timeline to support the Task 10.0 work. Additional budget was also added to Task 9.0 to support additional contingency items that may arise during preparation of the Plan. Task 10.0 is a new task that the City intended to complete in-house that was not included in Herrera's original scope of work under this contract. Task 8.0— Project Management/Contract Administration Herrera will be responsible for ongoing management and contract administration of this project, including preparing monthly invoices, as well as coordination of work efforts with the City's project manager. Herrera's project manager and contract manager will have phone and e-mail contact with the City's project manager and other City representatives on an as-needed basis with regard to scope, schedule,budget, and invoicing issues. This task also includes regular check-in meetings between the Herrera and City project manager. Meetings will primarily be conducted via conference call, but can be scheduled as in-person meetings as needed, as budget allows. Assumptions • Check-ins will occur on a monthly basis at a minimum, but can be scheduled more frequently(every 2 weeks) as needed. • Herrera and City will provide contact information for project manager back-up should primary contact(s) be unavailable. Deliverables • Monthly invoices • Monthly progress reports Task 9.0— Contingency The nature of this project is such that additional technical needs may potentially arise that are pertinent to the AMENDMENT - 3 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com overall scope of services. However, the specifics of these needs will not be known until some preliminary work has been accomplished. Example needs could include: • Additional original graphics and/or maps to be incorporated into the Plan and/or Council meeting materials • Additional draft of the Plan • Additional staff meetings, public meetings, and/or Council meetings Herrera will provide additional services as requested by and authorized by the City, subject to amendment of the approved scope of services. Herrera shall submit a scope of services amendment and corresponding budget estimate for supplemental services not covered in previous tasks as may be requested by the City. The City shall provide written authorization to proceed with any supplemental services prior to any such work being performed by Herrera. Task 10.0—Prepare SWM Comprehensive Plan Herrera will update the SWM Comprehensive Plan (Plan)using information developed for the following tasks in the original scope of work: • Task 2.0—Program Evaluation and Needs Assessment • Task 3.0—SWM Utility Service Level Framework • Task 4.0—Basin Characterization • Task 5.0—Capital Improvement Program for Stormwater Facilities • Task 6.0—Financial Analysis • Task 7.0—Public Involvement Herrera will produce an Internal Review Draft Plan, a Public Review Draft Plan, a Council Review Draft Plan, and a Final Plan. Herrera will begin with development of an annotated outline for the Plan that will help guide the development of the document. This outline will be tentatively approved by the City, understanding that minor adjustments may be made as the work progresses. During development of the outline Herrera will also discuss preferred document layout and format with City staff. Herrera will prepare an Internal Review Draft Plan according to the agreed upon outline. The draft Plan will include several chapters with recommendations organized by topic area(e.g., service level framework, NPDES Permit compliance, operations and maintenance, CIP projects, etc.), and will describe linkages to other City programs. The Internal Review Draft Plan will be for internal City staff review only,prior to release to the public and stakeholders. After internal review of the Internal Review Draft Plan has been completed, Herrera will address City comments on the Internal Review Draft Plan and develop an updated Public Review Draft Plan for broader review by stakeholders and the general public. Based on the input and comments received during the review process, the Public Review Draft Plan will be updated and finalized (Council Review Draft Plan)prior to going through the Council adoption process. Herrera will make minor adjustments to the Council Review Draft Plan and provide a Final Plan for the City. AMENDMENT -4 - 3/2017 ` CITY OF CITY HALL Federal ■■YI■Ylay� ■ 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway com Assumptions • The Plan template will be developed in Microsoft Word. • Herrera will develop a limited number of maps and graphics for the Plan. The budget estimate provided includes development of up to 6 original graphics and up to 3 maps. • The City will provide photographs to include in the Plan to supplement Herrera's photographs. • The City will provide a consolidated set of comments on each draft of the Plan using tracked changes and comments in Microsoft Word. • This task does not include any in-person meetings,but does include up to four 2-hour conference calls that are anticipated to address the following topics: o Comments and questions on the Draft Plan outline o Comments and questions on the Internal Review Draft Plan o Comments and questions on the Public Review Draft Plan o Comments and questions on the Council Review Draft Plan • The Plan is anticipated to be similar in length and detail to the unadopted 2015 Comprehensive SWM Plan(e.g., 50 to 60 pages for the main text) • No City Council or public meetings are included in this task; however, it is anticipated that additional budget may remain in Task 7.0 (Public Involvement) in the original scope of work to support these meetings if needed. Deliverables • Draft and final Plan outline(Microsoft Word) • Internal Review Draft Plan (Microsoft Word and PDF) • Public Review Draft Plan(Microsoft Word and PDF) • Council Review Draft Plan (Microsoft Word and PDF, 1 hard copy) • Final Plan (Microsoft Word and PDF, 1 hard copy) Project Schedule Task Deliverable/Meeting Timeline a Task 8.0. Project Management/ Monthly invoices and progress reports Sept.2018—May 2020 Contract Administration Task 9.0.Contingency TBD TBD AMENDMENT - 5 - 3/2017 1% Feder CITY OF CITY HALL 8th Avenue South Fe d le ra I Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway.com Task Deliverable/Meeting Timeline B Task 10.0.Prepare SWM Draft Plan outline November 15,2019 Comprehensive Plan Final Plan outline December 2,2019 Internal Review Draft Plan January 31,2020 Public Review Draft Plan February 28,2020 Council Review Draft Plan March 31,2020 Final Plan April 30 2020 TBD:to be determined AMENDMENT - 6 - 3/2017 CITY OF CITY HALL 4! I Way Feder 8th Avenue South FederaFederal Way.WA 980o03-6325 (253) 835-7000 www criyoffederalway.com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty-Nine Thousand Nine Hundred Four and 00/100 Dollars($39,904.00).The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed Two Hundred Sixty-Seven Thousand Nine Hundred One and 00/100 Dollars ($267,901.00). The fee estimate was prepared by the Contractor and is attached hereto as Exhibit`B-1(1)"and incorporated by this reference and made part of this Exhibit B-1. 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 in Exhibit B- 1(1). AMENDMENT - 7 - 3/2017 RESOLUTION OFTHE BOARD OF DIRECTORS OF HERRERA ENVIRONMENTAL CONSULTANTS, INC. We,the undersigned, being all the directors of this corporation consent and agree that the following corporate resolution was made on July 2, 2018 at 12:15 PM at Seattle,Washington. In lieu of a special meeting and pursuant to Revised Code of Washington 238.08.210,the Board of Directors adopts the following resolution: The Board authorizes those who hold the title of President,Vice President, Executive President, Chief Executive Officer(CEO),Chief Financial Officer (CFO), and Chief Operating Officer(COO)to sign documents binding the company. This Consent is signed in lieu of holding, conducting,and attending a directors' meeting. Action taken under this Consent is effective when the last director signs this Consent, unless a Inter date is specified herein.This Consent shall have the same force and effect as the unanimous vote of said directors at a directors' meeting. This Consent may be executed in counterparts. L�L, - (�Z- MICHAEL SPILLANE, Director CHRIS WEBB, Di for DATE: S,, "1 2089 DATE: July 2, 2018 J LENTH, Director ALICE LANCASTE Dir for PATE: lT DATE: ( $ PHILIP COUGHLAN, Director DATE: Z L`-01 S{ HERRERA m uwlmou ,.o tddlwtcrs 07.02-201&d. (�dj HERRERA CORPORATE OFFICERS 2019 Corporate Officers / Authorized Signatories Michael Spillane, CEO/President Carol Slaughterbeck, CFO/Executive Vice President Phil Coughlan, COO/Vice President John Lenth, Vice President Theresa Wood, Vice President Mark Ewbank, Vice President CO oN p O m N V 0) I � o V cO N M M V N O 00 N V N 6969 64 Q M V5 cli 6N9�b4�64 0�fa 69 m 7 119 O O 01 7 o CO - [J N M 000 M P Q O N N 2 N W G N A V In O V' O W) L• c6 I� N p O 0) oD O> r LO LO en� P Q. O 00 In U Cl) a0 V N0 00 NF-- m >d EA M o� M �0MO i �H4 �ER69 � Cin 64 N K r � Y N OS C, ° n O 0 7 o — M N o CD 00 O M VV U O N 2 LO (n NOin 0000000 0 M � V 4) m 69 E9 b4 64 Ha Ha Ge, M (4 O \ U ua 4a to W OI N r+ IA C oa U cn o o 0 0 0 0 0 0 CM C N Z E Q c Q O ' o V `f N •z O (M O m O f- 0 0 0 0 0 N O M U ea�us 69 cn to!)ua v va a o V) ENC m E u�i ua M in w Z d :; � H ma ci O R `0 v I I ♦' c coU "v !Q (D CO 00 o o o o 0 C. N r J C o o c rQ � Roo ac :3 m W 3: ° z o V w m Z _ w 5L � 0ntococococo Z !4 d a m O 00 M — It N (0 l0 O X O E 0 m 00Mr-� 0) 6NO LO Lot- 7 R 1` o co N W Vl d y w R ua ua 609.foal GF).(a Val 6091 6sZ � O m C Y � LU 3 y m �a d d = Lu E M > _ > oc 0 = o W 0 w o Ea •C O jp O � w t •� U FA 10 LLU y N N M d M Q O 4 C C C C Q C D -C d C C (o C co C U ' V m C M COWWJWC7WQQ 0 x d @ m c C `o o is c c c4)w 9 o 7 E � m �a0+ c QI �! M o OO O U') C U v U ,n 0 J Z aoi m a m } o Q 0a c IL m E J cl CL CA ti Q m0YcGCJ7Y vii �� Q I > o p C w ai w 0 `c E 7 Z W m r- o ami o O _ O O ; L O M 07 O N > Y m VI L U U 0)C >' C -- O U IC O N y ! 7 0 M •— N 0 N �p y Z y J W C7 N a2OLL > � U' � Cno f11 li C) 0 LL Client#: 12725 HERRENVI EXHIBIT C - INSURANCE DATE(MM DD ACORD. CERTIFICATE OF LIABILITY INSURANCE 7/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(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 CON•IACr Elizabeth Olson NAME: Propel Insurance aHbNty.Ext:800 499-0933 FAX.�„): 866 577-1326 Tacoma Commercial Insurance E-MAIL ADDRESS: Elizabeth.Olson@propelinsurance.com Elizabeth.Olsan ro elinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIL k Tacoma,WA 98402 Ironshore5 I 25445 INSURER A: specialty ty Insurance INSURED INSURER B;SAIF Corporation 36196 Herrera Environmental24082 INSURER C:Ohio Security Insurance Company Consultants Inc INSURER D: 2200 6th Avenue#1100 —� Seattle,WA 98121 INSURER E - -----._----_ ___ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L� TYPE OF INSURANCE S LSU13 POLICY NUMBER MMIDID Y EFF MMLf)DYYEYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 000826908 1/24/2017 11/24/2018 EACH OCCURRENCE S1,000,000 _ CLAIMS-MADE �OCCUR PREMMISES Ea occTu D nce $110001000 MED EXP(Any one person) s25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- X POLICY r_1 Eff CT I�LOC PRODUCTS-COMP/OPAGG s2,000,000 OTHER: $ C AUTOMOBILE LIABILITY X BAS1856989902 11/24/2017 11/24/2018e10EE0ISINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOSX NON-OWNED PPRPOPCDAMAGE $ AUTOS $ A UMBRELLA LIAB OCCUR 000827008 11/24/2017 11/24/2018 EACH OCCURRENCE $4.000.00_0 X EXCESS LIAB X CLAIMS-MADE Incl. PL&Poll AGGREGATE s4,000,000 DED I I RETENTION$. _ $ B WORKERS COMPENSATION 857188 OR 12/01/2017 12/0112018 X IsPTEARTuTFI I9H - AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N 000827008 WA STG E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory In NH) E-L,DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under _DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $1.000,000 _ A Professional Liab 000826908 11124/2017 11/24/2018. $1,000,000 Occurrence Pollution $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Herrera Project No. 18-06849-000 Project Name: Surface Water Management Comprehensive Plan,Capital Improvements Program Update and Rate Study Additonal Insured status applies to City of Federal Way per attached forms. CERTIFICATE HOLDER CANCELLATION CI of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 9th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE Gc��hch�w�i.L� ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3288248/M3022524 FAR00 000826908 F - r 1 l _ Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26, 34 and 36 of form SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof,of which you have more than 50%ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization;and d. Coverage under this policy does not apply to damages arising out of any act, error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company)or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members(if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)above;or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to, in the care, custody or control of,or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations,your work,equipment or premises leased or rented by you,or your products which are distributed or sold in the regular course of a vendor's business, however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product;or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container,part or ingredient of any other thin_g or substance by or for the vendor. a. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee,or receiver. a, Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage,environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 S. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss, we waive any right of recovery we may have under this policy against such person or organization. COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II —LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission Pagel of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II —LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee' of yours while using a covered "auto"you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee'. g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement Bei�t in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee'. 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II—LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for"bodily injury" or"property damage' caused by an "accident'which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II —LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II—LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the"bodily injury" results from the use of a covered "auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto"you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 2 of 7 b. Your"employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one"accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III— PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW) of 10,000 pounds or less. c. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVW) of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III —PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered"auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered"auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects"as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that"auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects" stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN/ LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered"auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT,OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit'or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive of icer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the"accident' or"loss"took place; (2) The"insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or "loss", our rights are waived also. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C. is replaced by the following "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of 7 11/15/2019 Corporations and Charities System i, _ss it � t�yns-and Charities Filing System BUSINESS INFORMATION Business Name: HERRERA ENVIRONMENTAL CONSULTANTS,INC. UBI Number: 600 633 936 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 2200 6TH AVE STE 1100,SEATTLE,WA,98121-1867, Principal Office Mailing Address: 2200 6TH AVE STE 1100,SEATTLE,WA,98121-1867, UNITED STATES UNITED STATES Expiration Date: 03/31/2020 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 03/05/1986 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL,SCIENTIFIC&TECHNICAL SERVICES,ENVIRONMENTAL ENGINEERING CONSULTING SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: MICHAELSPILLANE Street Address: 2200 6TH AVE#1100,SEATTLE,WA,98121-0000, Mailing Address: 1220 CORONADO PL,EDMONDS,WA,98020-6617, UNITED STATES UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL PHILIP COUGHLAN GOVERNOR INDIVIDUAL JOHN LENTH GOVERNOR INDIVIDUAL CAROL SLAUGHTERBECK GOVERNOR INDIVIDUAL MICHAEL SPILLANE GOVERNOR INDIVIDUAL MARK EWBANK GOVERNOR INDIVIDUAL THERESA WOOD GOVERNOR INDIVIDUAL ALICE LANCASTER GOVERNOR INDIVIDUAL CHRISTOPHER WEBB Back Filing History Name History f Print Return to Business Search https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/1 RETURN TO: PW ADMIN EXT: 2700 ID#: 33 D L CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/SWM ORIGINATING STAFF PERSON:FEI TANG EXT:2751 3. DATE REQ.BY: ;. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) oPUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0/PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) o ORDINANCE ❑ RESOLUTION o CONTRACT AMENDMENT(AG#): o INTERLOCAL o OTHER G. PROJECT NAME:SWM COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PROGRAM UPDATE AND RATE STUDY i. NAME OF CONTRACTOR:HERRERA ENVIRONMENTAL CONSULTANTS,INC. ADDRESS: 2200 SIXTH AVE, SUITE 1100,SEATTLE WA 98121 TELEPHONE:206-441-9080 E-MAIL: twood@herrerainc.com FAx:206-441-9108 SIGNATURE NAME:THERESA M.WOOD TITLE:VICE PRESIDENT EXHIBITS AND ATTACHMENTS: 6Y/SCOPE,WORK OR SERVICES td' COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS 1PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# - ,EXP. 12/31/CZQ lg UBI#600633936 ,EXP. 3/31/ ROI 9 15 - (Ci 7a— o00 -oo_ e— Q z�<� '. TERM: COMMENCEMENT DATE: 7-3/ - ( 0 COMPLETION DATE: �z TOTAL COMPENSATION:$227,997.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: C3'1'ES ❑ IF YES,MAXIMUM DOLLAR AMOUNT: $512.00 IS SALES TAX OWED: ❑YES C' O IF YES,$ PAID BY: o CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: /1 �7 ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED D o PURCHASING: PLEASE CHARGE TO: 3 ` �l Oa' J .7s --s 1 q— 3 1 — ql l I. DOCUENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED N1 PROJECT MANAGER - /r o DIVISION MANAGER X DEPUTY DIRECTOR •1 1 (1,118. X DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) O/( (9, 7( �� LAW DEPT 8 0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: - 1. CONTRACT SIGNATURE ROUTING —' DATE RECD: / _C Q D o SENT TO VENDOR/CONTRACTOR DATE SENT: — o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED o NT --G-- LAW DEPT 12. 1 7 / SIGNATORYCMAYOI)OR DIRECTOR) 0�i �������, ' I CITY CLERK V /1I�i& Pa �' ASSIGNED AG# AG UWE o SIGNED COPY RETURNED DATE SENT: ���( / �► yQ RETURN ONE ORIGINAL :OMMENTS: XECUTE" "ORIGINALS 1 nn1R 41/4 CITY OF CITY HALL ' .... 33325 8th Avenue South Fe d e ra I Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederaiway corn PROFESSIONAL SERVICES AGREEMENT FOR SURFACE WATER MANAGEMENT ("SWM") COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PROGRAM UPDATE AND RATE STUDY This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation("City"), and Herrera Environmental Consultants, Inc., a Washington corporation("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: HERRERA ENVIRONMENTAL CONSULTANTS,INC.: CITY OF FEDERAL WAY: Rebecca Dugopolski,P.E. Fei Tang,P.E. 2200 Sixth Avenue Suite 1100 33325 8th Avenue South Seattle,WA 98121 Federal Way, WA 98003-6325 (206) 787-8261 (telephone) (253) 835-2751 (telephone) (206] 441-9108 (facsimile) (253) 835-2709 (facsimile) rdugopolski@herrerainc.com Fei.tang@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2019 ("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 - 3/2017 CITY OF CITY HALL Federal Way 333258th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work 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. PROFESSIONAL SERVICES AGREEMENT - 2 - 3/2017 CITY OF CITY HALL "� Feder .� Federal Way 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cayoffederaiway corn 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: 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 g q � bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or PROFESSIONAL SERVICES AGREEMENT - 3 - 3/2017 CITY OF CITY HALL Federal Way33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 wwww cityoffederalway corn audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 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. PROFESSIONAL SERVICES AGREEMENT - 4 - 3/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cltyoffederalway corn 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and 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 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way.WA 98003-6325 (253) 835-7000 www crtyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: dir i el!Mayor JiS h ie Courtney, CMC,it, Clerk DATE: 1/3 /// APPROVED AS TO FORM: ,,i,, � ;, , f' 'ati J. Ryan Call, City Attorney HERRERA ENVIRONMENTAL CONSULTANTS, INC.: By: ''C ""`�\t`i,Q Printed Name: Fevre sa AA 1AIvoci Title: Vice -We3,c1,24 -- DATE: ¢tDATE: 772,q2,0/3 STATE OF WASHINGTON ) ) ss. COUNTY OF S11a'Lpyl,Ll9 '9__ On this day personally appeared before me Theresa M. Wood, to me known to be the Vice President of Herrera Environmental Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 1/i. , 20/ Notary's signature II/ iw ,;.r j ` ` ' FiliNotary's printed name (f , Stai o 5')V� ,. Not. • Publi in and for the State o'Washington. �r � My commission expires (2'512-62.-2_- i R S�y. t . PROFESSIONAL SERVICES AGREEMENT - 6 - 3/2017 ,4111k6, CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 avww cityoffederalway corn EXHIBIT A SERVICES CITY OF FEDERAL WAY SURFACE WATER MANAGEMENT COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS PROGRAM UPDATES AND RATE STUDY This scope of services includes a discussion of the activities,assumptions, deliverables, and a schedule associated with this project: • Task 1.0—Review Existing Data and Documentation 7 • Task 2.0—Program Evaluation and Needs Assessment 8 • Task 3.0—SWM Utility Service Level Framework 10 • Task 4.0—Basin Characterization 11 • Task 5.0—Capital Improvement Program for Stormwater Facilities 11 • Task 6.0—Financial Analysis 14 • Task 7.0—Public Involvement 16 • Task 8.0—Project Management/Contract Administration 17 • Task 9.0—Contingency 18 The Herrera Environmental Consultants("Herrera")team for this project includes Herrera,FCS Group, and Associated Earth Sciences, Inc. ("AESI"). Task 1.0—Review Existing Data and Documentation The Herrera team will coordinate with the City of Federal Way's ("City") project manager and other City staff as appropriate to gather and evaluate applicable data, reports, maps, financial and policy information, and other information related to the City's Surface Water Management ("SWM") program and Capital Improvement Program ("CIP") needs. Herrera will identify data gaps based on previous experience with SWM Comprehensive Plans and discussions with City staff. Herrera will review the following information, if available: • City of Federal Way Comprehensive Plan. • City of Federal Way Municipal Code. • City of Federal Way Development Standards. • 1997 SWM Comprehensive Plan. • Current SWM Comprehensive Plan. • City of Federal Way NPDES annual reports from previous years. PROFESSIONAL SERVICES AGREEMENT 3/2017 4146, CITY OF CITY HALL Federal Way 333258th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www ciyoffederalway com • SWM CIP list. The list should identify incomplete projects, completed projects, success of the projects, and additional projects that are needed, if known. • Previous watershed basin studies and analysis conducted on behalf of the SWM Utility. • Previous water quality studies and analysis conducted on behalf of the SWM Utility. • Infrastructure and asset condition inspections. • Maintenance service requests and work orders. • Water quality violations and enforcement records. • Geographic information system (GIS) data including existing stormwater system, drainage basins, soils, water resources, utilities, land uses, aerial photos, wellhead protection areas, streets, topography, zoning, tax lots, buildings,public stormwater facilities, and private stormwater facilities. • Record drawings(as-builts)for stormwater facilities that require rehabilitation or replacement(if applicable). • Information on the City's existing SWM operations and maintenance(O&M)program. • Existing modeling data on the City's stormwater system and drainage basins within the City. • Background information on the City's current SWM Utility fee and other information related to financial policy. • Reports known to the City that have the potential to impact the SWM CIP. Examples of the reports are: Lakehaven Water and Sewer Comprehensive Plan,King County Hazard/Critical Areas Map,USGS Groundwater Maps, etc. Assumptions • The City will provide all of the above information or will direct Herrera to readily available electronic data sources as appropriate. • Herrera will coordinate with other agencies such as WSDOT, King County, USGS, and Lakehaven to gather reports known to the City that have the potential to impact the SWM CIP. Deliverables • E-mail communication summarizing information reviewed, identifying data gaps, and requesting additional data(if needed). Task 2.0—Program Evaluation and Needs Assessment Subtask 2.1 — Workshop with City and Herrera Staff Task 2 will be initiated with a kickoff workshop with City staff, including representatives from the Community Development Department, Parks Department, and Public Works Department (including SWM, Development Services, Streets, and O&M personnel). This workshop will help to establish a mutual understanding of the City's SWM program needs between the City and the Herrera team. Herrera will develop a simple questionnaire for City staff to complete before this meeting to guide the workshop discussion. Workshop topics are expected to include the following: • Overall SWM program status(what is working and where is there room for improvement). PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL 4**11*&.., Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cttyoffederaiway corn • Public and private facility inspection and maintenance. • O&M of City stormwater facilities and facilities in the right of way. • Pollution prevention procedures(street sweeping and catch basin cleaning). • Areas and stormwater facilities in need of rehabilitation. • Opportunities and constraints related to implementing low impact development(LID)approaches. • Flooding and water quality issues. • Other information that City staff identify for comprehensive SWM planning purposes, such as potential stormwater needs that could result from annexation of new areas, coordination with surrounding jurisdictions,etc. This workshop will also serve as a forum for discussing goals and objectives for the City's SWM program (e.g., beyond achieving regulatory compliance,what does the City want to accomplish with regard to stormwater flow control and water quality?). Once input from City staff has been compiled and discussed, Herrera will use this information to identify and prioritize the City's needs and issues, defining the stakeholder engagement process, and generally laying the foundation for subsequent tasks. Subtask 2.2—Gap Analysis and Needs Assessment Herrera will analyze the City's SWM program policies and procedures, and will focus on issues that are of the greatest concern to the City. Herrera will use the results of the workshop and data review to compare the status of SWM program elements with regulatory drivers and internal City needs and requirements. Herrera will identify gaps in program coverage and work with the City to develop a plan that addresses those gaps. Herrera will assess options and needs to address gaps and needs in program coverage, such as additional funding, equipment, staffing, stakeholder concerns, budgetary needs, policy changes or updates, and planning considerations. The needs assessment will include an evaluation of the future full time equivalent (FTE) staffing needs of the City to implement capital and programmatic activities necessary over the next National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit term compared to current FTE levels. Examples of important issues to address during this subtask include: • Evaluating SWM program needs based on current and pending Phase II Municipal Stormwater Permit requirements. • Evaluating and refining methods for public and private stormwater facility inspections and maintenance. • Developing a proactive repair and replacement program for aging stormwater infrastructure that addresses asset assessment and management. • Evaluating the need for a water quality retrofit program. • Developing a more proactive CIP program. • Identifying problem drainage areas to be addressed through future CIP projects. Assumptions • Up to three Herrera staff members will lead one workshop with City staff. One four-hour workshop is assumed. • The workshop will be hosted by the City in Federal Way. PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL ' .. 33325 8th Avenue South Federal Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn • The City will identify and invite other City staff to participate in the workshop. Recommended attendees include representatives from Public Works (including Surface Water Management, Development Services, Streets, and O&M staff), Community Development,Parks,and Finance departments. • The City will review a SWM program questionnaire, provided by Herrera, and provide consolidated feedback to Herrera at least one week prior to the workshop. • Up to two follow-up meetings will be scheduled with specific City and Herrera staff to discuss different aspects of the stormwater program that will be evaluated for this task. • Herrera will develop draft meeting notes, summarizing the discussion during the workshop and subsequent follow- up meetings. • The City will review and distribute meeting notes. • This task does not include assistance with code amendments necessary to implement new programs (if applicable) or to meet new Phase II Municipal Stormwater Permit requirements. Deliverables • Draft and fmal workshop agenda(electronic [Word]). • Draft and final questionnaire for City staff(electronic [Word]). • Draft and fmal meeting notes(electronic [Word]). • List of recommended areas for CIP field investigation(to be performed in Task 5.0). • Draft and final technical memorandum(electronic [Word and PDF]). Task 3.0—SWM Utility Service Level Framework Herrera will help the City define service areas and goals for the SWM Utility that can be used throughout the SWM Comprehensive Plan process to prioritize and justify proposed activities and project priorities. This task will have two primary steps: 1. Define SWM Utility service areas (e.g., regulatory compliance, flood reduction, water quality improvement, environmental enhancement), and special interest. 2. Prepare a draft service level framework that defines: a. Service areas; b. Goals for each service area; and c. Levels of service for each service area. Herrera will coordinate with the City team to revise and refine the service level definitions. The service areas, goals, and levels of service will form the framework that will be used in future tasks. Assumptions • The City will provide a list of relevant existing goals related to the SWM Utility from the City's municipal code, vision statements, and citywide Comprehensive Plan. PROFESSIONAL SERVICES AGREEMENT 3/2017 ilk. CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederaiway corn • The City will also provide a list of SWM Utility-specific goals that reiterate or expand upon existing City goals. • Up to two Herrera staff will participate in up to two one-hour conference calls with the City. • The results of this task will provide an initial framework for prioritizing SWM program activities and projects. The framework may be revised as the project proceeds. Deliverables • Draft service level framework(electronic [Excel/Word]). • Final service level framework(electronic [Excel/Word and PDF]). Task 4.0—Basin Characterization Characterization of drainage basins is likely to be a requirement of the upcoming NPDES Phase II Permit and is also helpful for capital project planning and prioritization. Herrera will assist the City with this pending permit requirement by developing a basin characteristics matrix with GIS-based information including land cover, zoning, impervious area, critical areas, and expected subsurface conditions, etc. The matrix will also include information on stormwater infrastructure in each basin. This matrix will be supported by a short technical memorandum that summarizes conditions in each of the City's drainage basins. The memorandum and matrix will also integrate information from relevant reports and may leverage basin descriptions developed by the City for the current SWM Comprehensive Plan. Assumptions • Basin characterization will be limited to desktop analysis of available GIS data and existing documents. • Basin characterization is not expected to include substantial updates to the City's existing stormwater system mapping based on the CCTV inspections that are occurring in 2018. • Herrera will use existing GIS-based drainage basin boundaries. • Fieldwork and collection of new data is excluded. • Up to two Herrera staff will participate in one one-hour conference call with the City. Deliverables • Draft and final basin characterization matrix(electronic [Excel/Word and PDF]). • Draft and final technical memorandum(electronic [Word and PDF]). Task 5.0—Capital Improvement Program for Stormwater Facilities Building from the discussions and information gathered in the previous tasks, Herrera will work with the City to evaluate specific flooding, water quality, and habitat issues and develop solutions to incorporate into the CIP plan. The focus of the work on this CIP plan will be on prioritizing known problems and developing and packaging solutions for approximately 13 problems(assumes three existing CIP projects will be revisited and 10 new CIP projects will be developed). Subtask 5.1 —Problem Evaluation and Solution Identification Building from the results of Task 2, Herrera will lead a meeting with City staff to identify priorities for field evaluation of known problems areas identified by City staff City staff will consolidate available information related to known problem areas and provide that info to Herrera one week prior to the meeting. The meeting will be attended by City staff who are knowledgeable about existing problems, such as maintenance staff PROFESSIONAL SERVICES AGREEMENT 3/2017 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www crtyoftederalway corn Following the meeting, Herrera will use two-person teams to conduct up to four days of field assessment. The field assessment is anticipated to focus on known drainage problems and areas potentially suitable for retrofit projects (e.g., LID, water quality treatment, flow control, and/or habitat enhancement). Field observations for each site will be recorded in a webmap. Following field work, Herrera will provide the City with a table of problems and proposed solutions along with access to the webmap that contains information on each project. Herrera will lead a meeting with City staff to select the 13 projects that will receive summary sheets and cost estimates. Subtask 5.2—CIP Project Summaries and Cost Estimates Herrera will develop draft CIP summary sheet packages for the 13 selected problems from Subtask 5.1. The packages will include a "project summary sheet" outlining the problem, proposed solution, and cost estimate assumptions; project concept design drawings; and cost estimates. Herrera will lead a meeting with City staff to discuss comments on the draft summary sheet packages. Subtask 5.3—CIP Project Prioritization CIP project prioritization helps ensure effective use of SWM Utility funding and the best possible service to the residents of the City. Herrera will work with City staff to develop a simple and clear CIP prioritization framework specific to the City. This framework will capture the most important issues for the City, and may include problem severity, project costs, direct project benefits, and both direct and indirect habitat improvements. The draft prioritization will be provided to the City for review and comment prior to application in prioritizing projects. Once approved by the City, Herrera will use this framework to prioritize and schedule the existing and newly developed CIP projects in order to maximize effectiveness and simplify the adoption of the CIP plan. Herrera will lead a meeting to discuss City comments on the draft prioritization results. Subtask 5.4—Documentation Herrera will document the CIP prioritization process and summary sheets using an online story map (i.e., map journal). The story map is anticipated to convey both CIP development and prioritization information and have approximately five sequential pages: 1. SWM Utility goals and service areas from Task 3 (text)Scope of SERVICES 2. Identified general problems(text)and site-specific problem locations(map based) 3. Solutions(map based)with a downloadable summary sheet for the 13 locations that received summary sheets 4. Future studies and plans(text and map based) if the City chooses to include these projects in their CIP 5. Prioritization framework(text based)and prioritized projects(color coded on the map) The story map will be set up to be available for City staff only during the project and will be designed to be public facing after the project is complete. The public facing map may be used to collect public input on the CIP. After the project is complete the story map will be transferred to the City's ESRI account. Assumptions • Two Herrera staff members will spend a combined total of up to 80 hours (including preparation and travel time) on field assessment. • Field evaluation will be focused on a qualitative evaluation of important stormwater or natural features. Field measurements (e.g., pipe diameter, channel geometry) may be collected where features are readily accessible, but the field evaluation will not include any survey data, water quality sampling, or flow measurements. PROFESSIONAL SERVICES AGREEMENT 3/2017 411146, CITY OF CITY HALL •..- 33325 8th Avenue South Federal \Nay Federal Way.WA 98003-6325 (253) 835-7000 www crtyoffederalway corn • A City maintenance staff member and the City's project manager will be available to meet with Herrera staff to provide access,background information,and general field support as needed. • Project summary sheets and cost estimates will be updated for up to three existing CIP projects. Conceptual designs, cost estimates, and project summary sheets will be developed for up to a total of 13 CIP projects. The CIP projects may include studies or plans that are defined as project needs. The actual number of project summary sheets, level of detail, and ratio of existing/new CIP projects will be mutually agreed up by the Herrera team and the City after more is known about each problem and the City's needs. • Herrera will use parametric (itemized) estimating as the default method for developing CIP cost estimates; however, analogous(top down) estimating may be used in cases where projects are a low priority or cost estimates are available for similar projects. Appropriate percentages will be applied for allied costs (e.g., design, geotechnical, construction management). • Where applicable, Herrera will provide recommendations for flow and water quality measurements to support future problem analysis and solution development. • Project concept design drawings will primarily be developed in a plan view format in GIS; if a profile or detail view is needed,project concept design drawings may be developed in CAD. The CIP summary sheets and cost estimates will be subject to one round of revision. All City review comments will be synthesized by the City project manager and consolidated into a single set of comments. City review comments will be provided within two weeks of project summary sheet and cost estimate submittal. • Herrera will lead up to four meetings (up to two in-person meetings and up to two conference calls) that are each up to two hours long during this task: 1. Identify priorities for field evaluation; 2. Select the 13 projects for which CIPs packages will be developed; 3. Discuss City comments on the draft summary sheet packages; and 4. Discuss City comments on the draft prioritization results. • Additional iterative CIP project summary sheet and cost refinement may be performed, as budget and schedule allows. • Herrera will develop the graphics and figures for the CIP project summary sheets. • This task will not require any significant hydrologic or hydraulic modeling (i.e., no SWMM, HSPF, HEC-RAS); however, small-scale MGSFIood or WWHM modeling may be developed for BMP sizing if budget allows. • The story map outlined in Subtask 5.4 is anticipated to convey the results of both the CIP development and the prioritization process. Based on discussions with City staff over the course of this project, the content of the story map may be revised to include only the CIP locations or only the prioritization process. Deliverables • Preliminary problem and solution list. • Draft field evaluation webmap. PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL 44%, Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn • Draft and final versions of up to 13 CIP project summary sheets and cost estimates(electronic [PDF]). • Draft and final story map describing the process and results of the CIP identification, development, and prioritization process. • Draft and final CIP selection criteria/prioritization matrix or framework (electronic [Word and/or Excel]) and CIP implementation schedule(electronic [Excel]). Task 6.0—Financial Analysis Subtask 6.1—Financial Policy Framework FCS Group will prepare a brief issue summary paper for up to four issues. In each issue paper,the issue will be defined and analyzed, alternative solutions presented (including industry standards, if applicable), and a course of action recommended. The following issues will likely be included: • Fiscal Policies—Sound fiscal policies help ensure the ongoing financial health of a SWM Utility. • Billing Feasibility—The City SWM Utility rate is billed through King County on the property tax statement. In this paper, we will summarize communications with the County to ensure that any proposed rate alternatives can be billed by the County and at what cost. • Rate Structure—The City SWM Utility rate is based on the King County Surface Water Rate Structure, which has been shown to have some inequities near the thresholds of each"tier." This paper will include an examination of other alternatives against several criteria. • Rate Adjustments — The City grants several SWM Utility rate credits, adjustments, and exemptions. A careful analysis would likely reveal that far less than half of the SWM Utility's costs are impacted by on-site mitigation— and that a simplified credit approach with a lower maximum credit would be warranted. Subtask 6.2—Revenue Requirements Analysis The revenue requirement is defined as the total amount of rate revenue needed to meet an enterprise's financial obligations, including capital, operating, and policy-driven commitments. The results of the revenue requirement analysis will be the recommended percentage rate increases or decreases, as applied to the current (or revised) rate structure, needed to meet the obligations of the stormwater service. Using an Excel spreadsheet model, and with the input of City and Herrera staff, FCS Group will construct or adapt an analytical model to project operations and capital revenue requirements for a 10-year period. The model will be constructed with user-friendliness in mind and will accommodate user-entry of key data and assumptions. The model will be flexible and stable enough to analyze multiple scenarios and/or levels of service. Incorporating the policy framework selected in Subtask 6.1, FCS Group will project revenue requirements for a 10-year study period. Subtask 6.3—Service Level Matrix FCS Group and Herrera will work with the City to define service levels for consideration and group the SWM Utility activities (from Task 2.0) and CIP projects (from Task 5.0) by service area and level. Often these service levels include "existing", "regulatory compliance", "proactive", and sometimes "comprehensive". Herrera will estimate the costs of achieving each service level in each program service line. FCS Group will use an Excel spreadsheet model to calculate rates for each service level,and compile results in a matrix format for communication to Council. Subtask 6.4—Rate Design Based on the results of Subtask 6.1,FCS Group will update the City's rate structure using the following approach: PROFESSIONAL SERVICES AGREEMENT 3/2017 ` CITY OF CITYNAIL 3332 Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn • Compile customer information — Compile existing information, furnished by the City, King County, and/or Herrera, into the format needed to calculate updated rates as agreed upon in Subtask 6.1. • Calculate rate—FCS Group will calculate the rate and rate structure as agreed upon in Subtask 6.1 using revenue requirement results and customer information,. It is likely this rate structure will include charging residential and non-residential developed property the same rate per unit of impervious surface area, but could include another structure of interest to the City. • Calculate rate adjustments—FCS Group will calculate an updated maximum rate adjustment to be provided against the SWM Utility rate using the approach as agreed upon in Subtask 6.1. Subtask 6.5—Documentation This subtask includes the following components: • Spreadsheet Model—FCS Group will provide a copy of the Excel spreadsheet model. • Draft Report — FCS Group will prepare a draft report that summarizes all of the findings, recommendation and supporting materials for this project for staff review and presentation to Council. • Final Report — FCS Group will prepare a final report that includes revisions based on City staff and Council comments. Assumptions • A cost of service analysis for the rate adjustments will be performed as part of Subtask 6.1 (Financial Policy Framework). • Revenue requirement findings may be revised based on feedback from the City. • Herrera will produce a draft level of service assessment for all SWM comprehensive plan activities and projects. • Up to two Herrera staff will facilitate one in-person meeting at Herrera's Seattle office to discuss and refine the draft level of service assessment. • FCS Group will meet with City staff up to three times (up to two in-person meetings and one conference call) to review and discuss the draft study results. Herrera staff are not anticipating participating in these meetings. Following these review meetings,FCS Group will revise the analysis and finalize recommendations. Deliverables • Up to four draft issue summary papers. • Revenue requirements analysis and model in Excel spreadsheet. • Draft level of service matrix(electronic [Word/Excel]). • Revised level of service matrix for use in the financial analysis(electronic [Word/Excel]). • Final level of service matrix (electronic [Word/Excel and PDF]) incorporating cost information from the financial analysis. • Calculated rates and rate credits(electronic [Word/Excel]). PROFESSIONAL SERVICES AGREEMENT 3/2017 Ilihh CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www crtyoffederolway corn • Draft financial analysis report(electronic [Word and PDF]). • Final financial analysis report(electronic [Word and PDF]). • Analytical model(electronic [Excel]). Task 7.0—Public Involvement Public involvement is an important component of a SWM Comprehensive Plan. Herrera staff will meet with the City project team early in the project to strategize effective methods of public involvement (e.g., incentives) and to plan scheduling and logistics. A public participation plan will be prepared that outlines the approach that will be taken for public involvement along with key stakeholder groups. Herrera will coordinate with the City's public outreach coordinator on developing materials and messaging for effective public outreach. The public participation plan is anticipated to include the following: • Web-based survey. • Project introduction and status update on the SWM Comprehensive Plan process to be published through the City website and/or newsletter. • One public/stakeholder meeting. • One Land Use and Transportation Committee(LUTC)meeting. • Two City Council meetings. Assumptions • The public participation plan is intended to be a short document (five pages or less) that outlines the public involvement approach and schedule. • The web-based survey is anticipated to be a simple (10 questions or less) survey set up in Survey Monkey (or similar available software). • Citystaff willke stakeholder groups that should be targeted in the public involvement effort. • City staff will be responsible for scheduling rooms for the public/stakeholder meeting. • Herrera will lead the preparation of PowerPoint slides and handouts for the public/stakeholder meetings, LUTC meeting, and City Council meetings. FCS Group will provide slides for the City Council meetings related to the financial analysis. • Up to two handouts will be developed for the public/stakeholder meeting, LUTC meeting, and City Council meetings. FCS Group will provide content for the handouts related to the financial analysis. Handouts will be one to two pages long will involve minimal development of new graphics. • The City's public outreach coordinator will review and provide input on the formatting and messaging of any public outreach materials developed for this task. • The City's public outreach coordinator and/or other City staff will be responsible for advertising for the public/stakeholder meetings. PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn • The City's public outreach coordinator and/or other City staff will be responsible for the formatting and publication of the project introduction and status update articles that will be developed for distribution via the City website and/or newsletter. The Herrera team will provide a brief text description of the project overview, status, and upcoming events to include in the project introduction and status update articles. • Up to two Herrera staff will participate in the public/stakeholder meeting(assumed to be two hours long). • Up to two Herrera staff will participate in one LUTC meeting (assumed to be two hours long). This task does not include budget for FCS Group to attend this meeting. • One Herrera staff and One staff member from FCS Group will participate in up to two City Council meetings(each assumed to be two hours long). Deliverables • Draft and fmal public participation plan(electronic [Word and PDF]). • Draft SurveyMonkey questions for web-based survey(electronic [Word]). • Final SurveyMonkey for web-based survey(e-mail to City with survey link). • Text for up to two project status articles for distribution via the City website and/or newsletter(electronic [Word]). • Draft and fmal PowerPoint slides for the public/stakeholder meeting(electronic [PowerPoint and PDF]). • Draft and final PowerPoint slides for the LUTC meeting(electronic [PowerPoint and PDF]). • Draft and final PowerPoint slides for the City Council meetings (electronic [PowerPoint and PDF]). • Facilitation of one public/stakeholder meetings. • Attendance at one LUTC meeting. • Attendance at two City Council meetings. Task 8.0—Project Management/Contract Administration Herrera will be responsible for ongoing management and contract administration of this project, including preparing monthly invoices, as well as coordination of work efforts with the City's project manager. Herrera's project manager and contract manager will have phone and e-mail contact with the City's project manager and other City representatives on an as-needed basis with regard to scope, schedule,budget,and invoicing issues. This task also includes a project kickoff meeting and regular check-in meetings between the Herrera and City project manager. These meetings are in addition to task-specific meetings outlined in previous tasks. Meetings will primarily be conducted via conference call,but can be scheduled as in-person meetings as needed, as budget allows. Assumptions • Initial project kickoff meeting. • Check-ins will occur on a monthly basis at a minimum,but can be scheduled more frequently(every two weeks) as needed. PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 wwww cityoffederalway corn • Herrera and City will provide contact information for project manager back-up should primary contact(s) be unavailable. Deliverables • Project kickoff meeting with City staff and Herrera project manager. • Monthly invoices. • Monthly progress reports. Task 9.0—Contingency The nature of this project is such that additional technical needs may potentially arise that are pertinent to the overall scope of services. However, the specifics of these needs will not be known until some preliminary work has been accomplished. Examples needs could include: • Follow-up tasks based on the program evaluation and needs assessment. • Developing additional CIP projects beyond the current scope. • Detailed hydrologic and hydraulic modeling to support problem evaluation and CIP development. • Geotechnical investigation related to CIP project development. • Predesign report development to support future grant applications. • Additional staff meetings,public meetings, and/or Council meetings. Herrera will provide additional services as requested by and authorized by the City, subject to amendment of the approved scope of services. Herrera shall submit a scope of services amendment and corresponding budget estimate for supplemental services not covered in previous tasks as may be requested by the City. The City shall provide written authorization to proceed with any supplemental services prior to any such work being performed by Herrera. PROFESSIONAL SERVICES AGREEMENT 3/2017 11116. CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www ci yoffederalway corn Task Deliverable/Meeting Timeline a Task 1.Review Existing E-mail communication summarizing information Aug. 16,2018 Data and Documentation reviewed,identifying data gaps,and requesting additional data(if needed) .............................................. . Task 2.Program Draft workshop agenda July 30,2018 Evaluation and Needs Draft questionnaire July 30,2018 Assessment Final workshop agenda Aug.9,2018 Final questionnaire Aug.9,2018 Workshop Aug.20-23,2018 (TBD) Draft meeting notes(workshop) 1 week after workshop List of recommended areas for CIP field investigation 2 weeks after workshop Final meeting notes(workshop) Sept.20,2018 Follow-up meeting#1 Sept.2018(TBD) Draft meeting notes(follow-up meeting#1) 1 week after meeting Follow-up meeting#2 Sept.2018(TBD) Draft meeting notes(follow-up meeting#2) 1 week after meeting Final meeting notes(follow-up meeting#1 and#2) Oct. 11,2018 Draft technical memorandum Jan. 31,2019 Final technical memorandum Mar.28,2019 Task 3. SWM Utility Goal Draft service level framework Sept.20,2018 Development Conference call#1 Oct. 2018(TBD) Conference call#2 Nov.2018(TBD) Final service level framework Nov.26,2018 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Task 4.Basin Draft basin characterization matrix Oct.25,2018 Characterization Draft technical memorandum Oct.25,2018 Conference call#1 Nov.2018(TBD) Final basin characterization matrix Jan. 3,2019 Final technical memorandum Jan.3,2019 Task 5.Capital Conference call#1 Sept.2018(TBD) Improvement Program for Preliminary problem and solution list Sept.27,2018 Stormwater Facilities Draft CIP selection criteria/prioritization matrix Oct. 11,2018 Field evaluation webmap Oct. 11,2018 Conference call#2 Oct.2018 (TBD) Field evaluation Oct.2018(TBD) Final CIP selection criteria/prioritization matrix Nov. 19,2018 Draft CIP project summary sheets Jan.31,2019 Meeting#1 Feb.2019(TBD) Draft storymap Feb.28,2019 Meeting#2 Mar.2019(TBD) Final storymap Apr. 30,2019 Final CIP project summary sheets July 25,2019 PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL ilk" 33325 8th Avenue South Fe d e ra I Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn Task Deliverable/Meeting Timeline a Task 1.Review Existing E-mail communication summarizing information Aug. 16,2018 Data and Documentation reviewed,identifying data gaps,and requesting additional data(if needed) Task 2.Program Draft workshop agenda July 30,2018 Evaluation and Needs Draft questionnaire July 30,2018 Assessment Final workshop agenda Aug.9,2018 Final questionnaire Aug.9,2018 Workshop Aug.20-23,2018 (TBD) Draft meeting notes(workshop) 1 week after workshop List of recommended areas for CIP field investigation 2 weeks after workshop Final meeting notes(workshop) Sept.20,2018 Follow-up meeting#1 Sept.2018(TBD) Draft meeting notes(follow-up meeting#1) 1 week after meeting Follow-up meeting#2 Sept.2018(TBD) Draft meeting notes(follow-up meeting#2) 1 week after meeting Final meeting notes(follow-up meeting#1 and#2) Oct. 11,2018 Draft technical memorandum Jan.31,2019 Final technical memorandum Mar.28,2019 Task 3. SWM Utility Goal Draft service level framework Sept.20,2018 Development Conference call#1 Oct.2018(TBD) Conference call#2 Nov.2018 (TBD) Final service level framework Nov.26,2018 Task 4.Basin Draft basin characterization matrix Oct.25,2018 Characterization Draft technical memorandum Oct.25,2018 Conference call#1 Nov.2018(TBD) Final basin characterization matrix Jan.3,2019 Final technical memorandum Jan.3,2019 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Task 5.Capital Conference call#1 Sept.2018(TBD) Improvement Program for Preliminary problem and solution list Sept. 27,2018 Stormwater Facilities Draft CIP selection criteria/prioritization matrix Oct. 11,2018 Field evaluation webmap Oct. 11,2018 Conference call#2 Oct.2018(TBD) Field evaluation Oct.2018(TBD) Final CIP selection criteria/prioritization matrix Nov. 19,2018 Draft CIP project summary sheets Jan.31,2019 Meeting#1 Feb.2019(TBD) Draft storymap Feb.28,2019 Meeting#2 Mar.2019(TBD) Final storymap Apr.30,2019 Final CIP project summary sheets July 25,2019 PROFESSIONAL SERVICES AGREEMENT 3/2017 4111h6, CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cltyoffederalway conn Task Deliverable/Meeting Timeline a Task 6.Financial Analysis Draft Issue Paper#1 Oct. 18,2018 Draft Issue Paper#2 Oct. 18,2018 Draft Issue Paper#3 Nov. 1,2018 Draft Issue Paper#4 Nov. 1,2018 Revenue requirements analysis and model Feb. 14,2019 Draft level of service matrix Feb. 14,2019 Meeting#1 Feb.25-28,2019(TBD) Revised draft level of service matrix Mar. 14,2019 Final level of service matrix Mar.28,2019 Meeting#2 Apr.2019(TBD) Calculated rates and rate credits Apr.25,2019 Meeting#3 Apr.2019(TBD) Conference call#1 May 2019(TBD) Draft financial analysis report May 25,2019 Final financial analysis report July 25,2019 Analytical model July 25, 2019............................................... Task 7.Public Involvement Draft public participation plan Aug.2,2018 Draft web survey questions Aug. 16,2018 Final public participation plan Aug. 30,2018 Project status article#1 Sept.6,2018 Web survey link Sept. 6,2018 Draft PowerPoint slides(Public meeting#1) 2 weeks prior to meeting Final PowerPoint slides(Public meeting#1) 1 week prior to meeting Public meeting#1 Sept.2018(TBD) Draft PowerPoint slides(City Council meeting#1) 2 weeks prior to meeting Final PowerPoint slides(City Council meeting#1) 1 week prior to meeting City Council meeting#1 Apr.2019(TBD) Draft PowerPoint slides(LUTC meeting) 2 weeks prior to meeting Final PowerPoint slides(LUTC meeting) 1 week prior to meeting LUTC meeting Apr.2019(TBD) Project status article#2 Apr. 30,2019 Draft PowerPoint slides(City Council meeting#2) 2 weeks prior to meeting Final PowerPoint slides(City Council meeting#2) 1 week prior to meeting City Council meeting#2May 2019(TBD)................................_._ Task 8. Initial project kickoff meeting Aug.2,2018 (TBD) Project Management/ Monthly invoices and progress reports Aug.2018—Aug.2019 Contract Administration Task 9.Contingency TBD TBD TBD: to be determined a The proposed project timeline assumes that the notice to proceed will be issued on July 23,2018 or sooner.The timeline for Task 7 may be adjusted based on the public involvement approach outlined in the public participation plan developed for that task. PROFESSIONAL SERVICES AGREEMENT 3/2017 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services,the City shall pay the Contractor an amount not to exceed Two Hundred Twenty-Seven Thousand Nine Hundred Ninety-Seven and 00/100 Dollars($227,997.00). The fee estimate was prepared by the Contractor and is attached hereto as Exhibit`B(1)"and incorporated by this reference and made part of this Exhibit B. 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 in Exhibit B(1). Reimbursable Expenses and Subcontractor Services The actual customary and incidental expenses incurred by Contractor in performing the Services including travel and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Five Hundred Twelve and 00/100 Dollars ($512.00). Subcontractor billing will be charged at a rate of cost plus a three percent(3percent)handling charge. 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U aJ z o Q QNm (1 co 0 v Q 0 N 0 c mc E J 1 Y Na OJ J 8 E -.1 0 0Q U'u dO0 � CY0�OQ Q < a O F. 2I' rCY, f i . > u - Z N O J o O F n O O .-v o . -.6-m ° gc offO Q DO •m sn ZW Lm aroccto 3 m U F C7 g F E J o CO Z v)c) y m CoI (>0 CI. ON N QUiy N19 - 0) C - N 2 ( (n 2 C7 co b > Q co uQ ( co 0 O IL UU 2 21 co J I- CO m ) 0) tl Client#: 12725 HERRENVI EXHIBIT C - INSURANCE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)7/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Elizabeth Olson NAME: Propel Insurance PHONNEo,Ext):800 499-0933 FAX (A/C,No): 866 577-1326 (AIC, Tacoma Commercial Insurance A DRESS: Elizabeth.Olson@propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 25445 INSURER A:Ironshore Specialty Insurance INSURED INSURER B:SAIF Corporation 36196 Herrera Environmental INSURER C Ohio security Insurance Company 24082 Consultants Inc 2200 6th Avenue#1100 INSURER D Seattle,WA 98121 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER (MM/DDY/YYYY) (F MM/DDY/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 000826908 11/24/2017 11/24/2018 EACH OCCURRENCE $1,000,000 E CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY I I JECOT I I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY X BAS1856989902 11/24/2017 11/24/2018 (EaaccideDSINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) A UMBRELLA LIAB OCCUR 000827008 11/24/2017 11/24/2018 EACH OCCURRENCE $4,000,000 X EXCESS LIAB X CLAIMS-MADE Incl.PL&Poll AGGREGATE $4,000,000 DED RETENTION$ $ B WORKERS COMPENSATION 857188 OR 12/01/2017 12/01/2018 X STATUTE ETH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 000827008 WA STG E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab 000826908 11/24/2017 11/24/2018 $1,000,000 Occurrence Pollution $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:Herrera Project No.18-06849-000 Project Name: Surface Water Management Comprehensive Plan,Capital Improvements Program Update and Rate Study Additonal Insured status applies to City of Federal Way per attached forms. CERTIFICATE HOLDER CANCELLATION Cityof Federal WaySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 9th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED,I� �� REPRESENTATIVE �CXea.nna. Wainof u� ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3288248/M3022524 FAROO 00082690881014 __g I ON ORF youtrsffclar Wording from EPIC for Additional Insured and Waiver of Subrogation Found on page 26,34 and 36 of form SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds,but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership,joint venture or limited liability company, you are an insured.Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust,you are an insured.Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary, associated, affiliated, allied or limited liability company or corporation, including subsidiaries thereof,of which you have more than 50%ownership interest at the effective date of the policy period qualify as a Named Insured. 3. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage under this policy does not apply to bodily injury, property damage or environmental damage that occurred before you acquired or formed the organization; c. Coverage under this policy does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization;and d. Coverage under this policy does not apply to damages arising out of any act,error or omission or professional incident that took place before you acquired or formed the organization. 4. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business,or your employees,other than either your executive officers(if you are an organization other than a partnership,joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However,none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture) or to your members(if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)above;or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property owned, occupied or used by, rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you,any of your employees,volunteer workers,any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die,but only with respect to liability arising out of the maintenance or use of that property and until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization you agree to include as an insured in a written contract, written agreement or permit, but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of your operations,your work,equipment or premises leased or rented by you,or your products which are distributed or sold in the regular course of a vendor's business,however: (1) A vendor is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: (a) For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out of any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor; (d) Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (e) Arising out of any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f) Arising out of demonstration, installation servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product;or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. a. A manager or lessor of premises,a lessor of leased equipment,or a mortgagee,assignee,or receiver is not an insured as respects bodily injury, property damage, environmental damage or personal and advertising injury: a. Arising out of any occurrence that takes place after the equipment lease expires or you cease to be a tenant;or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee,or receiver. a. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage,environmental damage or personal and advertising injury arising out of their financial control of you. Page 34 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance by the method described in Paragraph c. below. However, regardless of whether b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization Page 36 5. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization prior to a loss,we waive any right of recovery we may have under this policy against such person or organization. COMMERCIAL AUTO CA 8810 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II—LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II—LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee"of yours while using a covered "auto"you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II—LIABILITY COVERAGE, paragraph A.1.—WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered"auto"; (2) Only for"bodily injury" or"property damage" caused by an "accident"which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II —LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2)and (4)are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II—LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the"bodily injury" results from the use of a covered"auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto"you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 8810 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 2 of 7 b. Your"employee" hires or rents under a written contract or agreement in that"employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one"accident"or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck"or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For"light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW) of 10,000 pounds or less. c. For"medium trucks" ,we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW) of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III —PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE,A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered"auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered"auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects"as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III —PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that"auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects" stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the"loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered"auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered"auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision,the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an"insured"; b. Legally parked; and c. Unoccupied. The"loss"must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 6.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT,OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit" or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How,when and where the"accident"or"loss"took place; (2) The"insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of 7