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AG 19-070 - West Coast Code Consultants, Inc
RETURN TO: Samantha Homan EXT: 2601 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Community Development 2. ORIGINATING STAFF PERSON: Scott Sproul EXT: 2633 3. DATE REQ.E'N":8/18/2023 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 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#):19-070 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Building Division 3rd party plan review 6. NAME OF CONTRACTOR: West Coast Code Consultants,dba WC3 .......... ......... ADDRESS: 908 W Gordon Ave,STE 3 Layton,UT 84041 TELEPHONE 801 847 8133 .................... ---------- E-MAIL:chrisk@wc-3.com FAX: SIGNATURE NAME: Chris Kimball ............ ...................... --------TITLE...., — mVice President................................ 7. EXHIBITS AND ATTACHMENTS:A SCOPE,WORK OR SERVICES Ill COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE A ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 0 5/0 3120 1 9 COMPLETION DATE: 12/31/25 9. TOTAL COMPENSATION$eoo 000(in addition to original compensation amount)total 1 million (INCLUDE EXPENSES AND SALES TAX,IF ANY) LY(IF CALCULATED ON HOUR LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ICI NO IF YES,MAXIMUM DOLLAR AMOUNT: $a, Y IS SALES TAX OWED ®YES ONO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED A PURCHASING: PLEASE CHARGE TO: 001-0000-000-239-10-007(customer initiated)001-0000-074-345-83-001(city initiated review) 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED Il PROJECT MANAGER SS 8/4/2023 ... ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ....... ... A LAW TMW 8/11/23 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: NA COUNCIL APPROVAL DATE: NA 12. CONTRACT SIGNATURE ROUTING It SENT TO VENDOR/CONTRACTOR DATE SENT: 8/15/23 DATE REC'D:9/5/23 O 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'S2GNED iA LAW DEPARTMENT .: IGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK 05 1 a 4, ❑ ASSIGNED AG# AG# .m� . COMMENTS: Current PO has ran out of money,amending compensation amount as well as minor update in compensation table 2/2017 CITY OF ClITY HALL 33325 Sth Avenue ,Souti Federal Way Federal!Way,WA 98003-6325 (253) 835-7000 AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and West Coast Code Consultants, Inc. dba WC-3, a California 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 Building Division Services ("Agreement") dated effective May 3, 2019 as follows: I. AMENDED, COMRENSATIQ i, 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 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. 2. GENERAL PROVfSIONS. 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 4/2023 CITY of CITY HALL 33325 8th Avenue South Y>� � ay Federal Way,WA 98003-6325 ft,,,,.,,., Federal W (253)835-7000 www cityairederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below, CITY OF FEDERAL WAY: ATTEST: By .. ... ..i?WAAJ)IYAkA .. Jim eat,„ a or G" phsae Courtney, C City Clerk DATE: � APPI )VED AST "ORM: yar_Call r" C"ity A:ttol iey WEST COAST CODE CONSULTANTS, INC. dba WC-3 .. Printed Name: Title: Date 'y' C _ STATE OF Utah ) ss, COUNTY OF .. ....._ w ) On, this day iersonall.y appeared before me ,� I � j oo (x t„ , to me known to be the 91 " of West Co, ode onsulta l is Inc. db�a W : inslium ,nt,�and�:a.ckn�ot' voluntary ledged the said instrument to be the free and volunta act„-3 that executed the foregoing t and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that they were 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 ?)l tt1\ day of C �, 2023. 1 Notary's signature Notary � t�� Y � Notary's panted name +w a COMMISSION 7 l Paailc in and for the State of Utah my o ExRLs: w e� ® � 1 My commission expires cY - 0?� � AMENDMENT - 2 - 4/2023 crry OF CITY �-IN 33325 8fti Avenue South Federal Way,IVVA 98003-6325 Federal Way (253) 835 7000 www cityoffbdeia4vay com EXHIBIT B-1 ADDITIONAL COMPENSATION I Total Compensation:In return for the Services,the City shall pay the Contractor an additional amount not to exceed Five Hundred Thousand and 00/100 Dollars($500,000.00).The total amount payable to Contractor pursuant to the original Agreement and this Amendment shall be an amount not to exceed One Million and 00/100 Dollars ($1,000,000.00). 2. Method of Compensation: 1fourly Rat In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Personnel Description Hourly Billing Rate Plan Review Engineer $135.00 Fire Plans Examiner $125.00 Building Plans Examiner $125.00 Certified Inspector $110.00 Electrical Specialty $120.00 Permit Technician/Clerical $95.00 AMENDMENT - 3 - 4/2023 ,in s end Charities Filing System BUSINESS INFORMATION I"ATION Business Name: WEST COAST CODE CONSULTANTS,INC. UBI Number: 603216972 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 2400 CAMINO RAMON STE 240,SAN RAMON,CA,94583-4373,UNITED STATES Principal Office Mailing Address: 2400 CAMINO RAMON STE 240,SAN RAMON,CA,94583-4373, UNITED STATES Expiration Date: 12/31/2023 Jurisdiction: UNITED STATES,CALIFORNIA Formation/Registration Date: 12/0912013 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL,SCIENTIFIC&TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1,TUMWATER,WA,98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1,TUMWATER,WA,98501,UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL GIYAN SENARATNE Back ..... J [Ketu:r:n Search Fi ing History � Name History � Print to Business�� . BA20230598795 m .g STATE OF CALIFORNIA For office use only � ,y Office of the Secretary of State Ul ii1 STATEMENT OF INFORMATION -FILED w I{ CORPORATION California Secretary of State File No.:BA20230598795 '� 1500 11th Street Date Filed:4/10/2023 Sacramento,California 95814 0 (916)653-3516 N O Aj W Entity Details Corporation Name WEST COAST CODE CONSULTANTS, INC. N Entity No. 2864900 ro Formed In CALIFORNIA Street Address of Principal Office of Corporation N n Principal Address 2400 CAMINO RAMON ID SUITE 240 SAN RAMON, CA 94583 ¢ Mailing Address of Corporation Mailing Address 2400 CAMINO RAMON SUITE 240 SAN RAMON, CA 94583 Attention 0 Street Address of California Office of Corporation Street Address of California Office 2400 CAMINO RAMON SUITE 240 In SAN RAMON, CA 94583 m n Officers n �...®._ (D _ rt Officer Name Officer Address Position(s) A� n GIYAN SENARATNE 2400 CAMINO RAMON Chief Executive Officer, Chief Financial Officer, Secretary SUITE 240 0 SAN RAMON, CA 94583 H rt Additional Officers rr (D Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address Giyan Senaratne 2400 CAMINO RAMON SUITE 240 SAN RAMON, CA 94583 The number of vacancies on Board of Directors is: 0 Agent for Service of Process California Registered Corporate Agent(1505) CSC-LAWYERS INCORPORATING SERVICE Registered Corporate 1505 Agent Type of Business Type of Business Engineering Services Email Notifications Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment Page 1 of 2 bd m No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor 61 Standards Enforcement or a court of law, for which no appeal therefrom is pending,for the violation of any wage order or provision of the Labor Code. Un Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. kN N 0 Giyan Senaratne 0411012023 N Signature Date N w rn N N tb (D 0 (D C (D 13' n Iv N- rn 0 n r- sv In (D 0 n (D rr n K 0 (n rt Iv rt rn Page 2 of 2 4 B LJ S I EJ�S 'Jl C J,I` !SJ:..J z i, r 1,p A I If f„I Issue Date: Feb 10, 2023 Profit Corporation Unified Business ID#: 603216972 Business ID#: 001 Location: 0001 WEST COAST CODE CONSULTANTS, INC.. Expires: Dec 31, 2023 WEST COAST CODE CONSULTANTS STE 207 19109 36TH AVE W LYNNWOOD WA 98036-5767 UNEMPLOYMENT INSURANCE-ACTIVE INDUSTRIAL INSURANCE-ACTIVE TAX REGISTRATION -ACTIVE CITY ENDORSEMENTS: FIFE GENERAL BUSINESS- NON-RESIDENT-ACTIVE LAKEWOOD GENERAL BUSINESS- NON-RESIDENT-ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS- NON-RESIDENT-ACTIVE BELLINGHAM GENERAL BUSINESS-ACTIVE EDGEWOOD GENERAL BUSINESS- NON-RESIDENT-ACTIVE LACEY GENERAL BUSINESS- NON-RESIDENT#182197-ACTIVE LAKE STEVENS GENERAL BUSINESS -NON-RESIDENT-ACTIVE LIBERTY LAKE GENERAL BUSINESS- NON-RESIDENT-ACTIVE MARYSVILLE GENERAL BUSINESS- NON-RESIDENT#1719SVC122-ACTIVE MONROE GENERAL BUSINESS- NON-RESIDENT-ACTIVE PORT ORCHARD GENERAL BUSINESS- NON-RESIDENT-ACTIVE SULTAN GENERAL BUSINESS- NON-RESIDENT-ACTIVE SUMNER GENERAL BUSINESS- NON-RESIDENT-ACTIVE WOODINVILLE GENERAL BUSINESS- NON-RESIDENT-ACTIVE Ii w ruin iir I u, it k1ii o", it t lair "l "" i r iI rii ,i>>Ir,06o11l fi flu Jf I iti � 1 � I1 r litulrrlii ir- 1liiir�rr',t�i �i -iiefr r 1rf'1i€ rli ii iiluif r��i�1r rrl r J.j11 if,".ir (,rIrrlllr <,'tiiir,:r.i`t"a( )i,1foI(') ,. f'fg(,, I I r I f I II)t),�i,-e;,,,,illl,r rolml.1" id ill r omplln lm „Jfl)rll nlflf�Jr.'1 I'll?,=161f%` l)/llf m,Ta rC., fU If r'ei!.I'r, I1 r�l�?Jr i,� 19 i >>; ,1f zl vr- zrllr I UBI: 603216972 001 0001 Expires: Dec 31, 2023 WEST COAST CODE UNEMPLOYMENT INSURANCE- CONSULTANTS,INC. ACTIVE WEST COAST CODE INDUSTRIAL INSURANCE-ACTIVE CONSULTANTS TAX REGISTRATION-ACTIVE STE 207 FIFE GENERAL BUSINESS- 19109 36TH AVE W NON-RESIDENT-ACTIVE LYNNWOOD WA 98036-5767 LAKEWOOD GENERAL BUSINESS- NON-RESIDENT-ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS-NON-RESIDENT- ACTIVE BELLINGHAM GENERAL BUSINESS- ACTIVE EDGEWOOD GENERAL BUSINESS- NON-RESIDENT-ACTIVE — r 0 DATE(MMIDD/YYYY) A .' R CERTIFICATE OF LIABILITY INSURANCE 4/5/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jennifer Aguirre AssuredPartners Design Professionals Insurance Services, LLC PRONE 5 FAx 3697 M. Diablo Blvd Suite 230 [WP, N s XtDesll nPraCert () _tA, ,N� __ LafayetteE-MAIL /a$SunpdarirTT rs com — _.... g. INSURER(S)AFFORDING COVERAGE NAIC# .................................................... ._�.. ..... __._._._._. ______ ecialty Insurance Company — ......._ i. 37885 INSURED WESTCOAST5 INSURER B:Sentinel Insurance Company 11000 West Coast Code Consultants, Inc. — 5000 Executive Parkway, Suite 510 INSURERC Trumbull Insurance Com�an/ 27120 ... San Ramon, CA 94583 INSURRD HARTFORD INSURANCE COMPANY 38288 E 925 275-1700 ) INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER:1020327165 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 I AODt. POLICY EFF POLICY EXP ` LTR TYPE OF INSURANCE SURR POLICY NUMBER IAMd�MD YY'YV I Tw WbDIYYYY.f LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 57SBWBO3190 4/28/2023 4/28/2024 EACH OCCURRENCE $2„000,000 ff €DAMAGE to RENTED..... _ — CLAIMS-MADE X. OCCUR I PREM)SES(Ea accurPerar�) S 1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i.GENERAL AGGREGATE s 4,000,000 POLICY X P. LOG �-PRODUCTS.-COMPIOP-AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y 57UEGBC6531 4/28/2023 4/28/2024 COMBINED SINGLE LIMIT $1,000,000 .._lEa acci,dsnt).. ............. .. . ..... --. _._.... X ANY AUTO BODILY INJURY(Per person) $ OWNED '.SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY 'AUTOS..„. ..... .... ... ,,, X j HIRED X NON-OWNED PRO PER qy"I;YAMAC,"E m m $ __..d AUTOS ONLY q AUTOS ONLY (,P,'rar,are.I�lns�)Z $ B "X UMBRELLA LIAB X OCCUR Y Y 57SBWBO3190 4/28/2023 4/28/2024 EACH OCCURRENCE $4,000.000 ........ ._.- ..... I EXCESS LIAB `CLAIMS-MADE AGGREGATE $4,000,000 ........ rrr� .............._.......�DED X I RETENTION$ IS p WORKERS COMPENSATION Y 57WEGAR9X7K 4/28/2023 ` 4/28/2024 X PER I I FRH AND EMPLOYERS'LIABILITY Y/N ....... ....... ........ ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S1,000,000 OFFICER/MEMBER EXCLUDED? `NIA (Mandatory in NH) - E_L,DISEASE-EA EMPLOYEE:S 1,000 000 If yes,describe under i --- ------ --- ----- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1„000 000 A Professional Liability Y DPR5011463 4/28/2023 4/28/2024 S2,000,000 per Claim Claims Made $4,000,000 Annual Aggregate I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Federal Way named as an additional insured as respects general&auto liability for claims arising from the operations of the named insured as required per written contract or agreement. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Kari Cimmer 33325 8th Avenue South AUTHORIZED REPRESENTATIVE Federal Way WA 98003 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD November 16,2015 To whom it may concern, Please accept this letter as my authorization to have Christopher Kimball,P.E.,S.E.,sign contract on behalf of West Coast Code Consultants,Inc. We thank you for your business and look forward to working with you. Please call me at(925)766-5600(cell)or(925)275-1700 if you have any questions. Respectfully, �!GG' enaratne,S.E.,P.E.,LEED AP,CASp Principal/CEO unhrmm wwa .n� ,-wo c. �� aaou„ rninwre .,.a+.�:murou ru+r,:,.-„�✓e.�awHrcreno +.wmw¢uuoM�punw iw wwwoas�r.a tirwtMrcmuwuwvm,�wmaww .t' wwneumuwxuuwwxr umrvmrmmrm«ro�mwwreavaw�w�rnummaimmm�wi uauwwwaa^,�,rapremmrcr twm mwur�. West Coast Code Consultants,Inc. 2400 Camino Ramon,Suite 240,San Ramon,CA 94583 T/925.275.1700 0 F l 925.275,0600 www.WC-3.com IRETURN TO: Kari Cimmer EXT: 2629 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV:COMMUNITY DEVELOPMENT/BUILDING ORIGINATING STAFF PERSON:SCOTT SPROUL EXT: 2633 3. DATE REQ.BY: ASAP TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER . PROJECT NAME:BUILDING DIVISION SERVICES NAME OF CONTRACTOR:WEST COAST CODE CONSULTANTS,INC.; DBA: WC3 ADDRESS:908 WEST GORDON AVENUE,SUITE 3;LAYTON,UT 84041 TELEPHONE: 801-547-8133 E-MAIL:CHRISK(&,,WC-3.COM [EMAIL FOR CHRIS KIMBALL-1 FAX:801-820-9089 SIGNATURE NAME:CHRIS KIMBALL TITLE:,UTA11-45,10NAL 14ANA oct 9ijext- EXHIBITS AND ATTACHMENTS: Ef SCOPE,WORK OR SERVICES Ef COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES EI PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE:APRIL 1,2019 COMPLETION DATE:DECEMBER 31,2025 TOTAL COMPENSATION:$500,000.00 (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:ID CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE El PURCHASING:PLEASE CHARGE TO: 001-0000-000-239-10-007(Customer initiated review);001-0000-074-345-83-001 (City initiated review) 0. DOCUMENT/CONTRACT REVIEW I ; IAL/DATE REVIEWED INITIAL/DATE APPROVED El PROJECT MANAGER ) y y6/ 9' El DIRECTOR 4t—/6`71 i ❑ RISK MANAGEMENT (IF APPLICABLE) /rt Ef LAW q i( /(q 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: f COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: ((A"" COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING fiC,NT TO VENDOR/CONTRACTOR DATE SENT: 1 ( (k`) DATE REC'D: 111-41.141 L i ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTI ICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) I T AL/DATE SIGNED LLAW DEPARTMENT (r a 5/ ❑ IGNATORY(MAYOR OR DIRECTOR) /1 S ❑ CITY CLERK _5 r rT ❑ ASSIGNED AG# AG# \q—0-11::) ❑ SIGNED COPY RETURNED DATE SENT: .\O•\'\)(4 ;OMMENTS: 1A+ I" - ., npc}vurt, AWAN,0 f'1JSc 4/2019 CITY OF CITY HALL .00,64,4 Fed4411h6eral l Way 33325 8th Avenue South Federal Way,WA 98003003 -6325 (253) 835-7000 www cityoffederaiway coni PROFESSIONAL SERVICES AGREEMENT FOR BUILDING DIVISION SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation("City"), and West Coast Code Consultants, Inc. DBA WC-3, a Utah 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: WEST COAST CODE CONSULTANTS, INC. DBA CITY OF FEDERAL WAY: WC-3: Chris Kimball Scott Sproul, Building Official 908 West Gordon Avenue, Suite 3 33325 8th Avenue South Layton,UT 84041 Federal Way,WA 98003-6325 801-847-8133 (telephone) 253-835-2633 (telephone) 801-820-9089 (facsimile) 253-839-2609 (facsimile) ChrisK@WC-3.com Scott.Sproul@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, 2025 ("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 - Rev.3/2017 CITY OF CITY HALL 33325 8th Avenue South ,.,, ,,, Federal lNay 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 tothisparagraph. 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 of this indemnification. Contractor'sindemnification ion shall not be limited in anywaybyanylimitation on the purposes de cat amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders,partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: Professional Services Agreement -2- Rev.3/2017 CITY OF 2 HALL 333258th Avenue South Federal Way Federal al Way,WA 9800303 -6325 (253) 835-7000 www cityoffederaiway corn 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death,and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4• Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. Professional Services Agreement -3- Rev.3/2017 CITY OF CITY HALL Alibi 33325 8th Avenue South 6 ..�. Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www ciryoffederalway corn 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondaryor incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment g contract. If the Contractor is a sole proprietorship or 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 actor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing,the rights and Professional Services Agreement -4- Rev.3/2017 CITY OF CITY HALL ,:�...., 8th Avenue South Federal e ra I Way 33325 Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway.com obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit,then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] ProfessionalServices Sery ces A Bement 5- Rev.3/2017 CITY OF CITY HALL J6; Federal Federal 8th Avenue South Way Federal WayWAr38CC33 8325 1253]833-7000 wwwc,;yoff darawaycorn IN WITNESS. the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: ..,"...1/11/44-,..." Jim Fe , Mayor S ph nie Courtney, CMC ity Clerk DATE: 5/3//el APPROVED AS TO FORM: r%% --co/ J. Ryan Cali, City Attorney WEST C! •T Co 'E4 ,NSULTANTS, INC. DBA WC-3: By: L. Ch rKimball, PE, MCP. CBO, Vice President T ZS Zo DATE: �/ � / STATE OF UTAH ) ) ss. COUNTY OF.A-, /,'.1.____) On this day personally appeared before me Chris Kimball, io me shown to be the Utah Regional Manager of West Coast Code Consultants. Inc. dha WC-3 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 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_0D5 day of Apr: 1 , 2019. Notary's sienatureM. p e L .�.(�,t�rcuJ Notary's printed name -Ty.e 1.4. , LLta c %1 Notary Public in and for the State of Utah. ex Tat STATE OF UTAH NOTARY PUBLIC 47 '� TYESE WILLIAMS ' My commission expires J- 14 -.Pd ' i '=MI' ` COMMISSION#886869 a kE� wC asY •� ," 4c MY COMMISSION EXPIRES' II ,ese 01-16-2020 Prfessiona!Services Agreement -6- Re%.3/2017 CITY OF CITY HALL 400.„,4%*......„.Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway corn EXHIBIT A SERVICES The Contractor shall do or provide the following: I. Plan Review Services: a. The Contractor will review plans submitted as part of a building permit application on an on-call, as- needed basis utilizing the Washington State Building Code (Chapters 19.27, 19.27-A, and 19.28 of the Revised Code of Washington (RCW)) as amended and adopted by the City of Federal Way; or as hereafter amended and adopted by the City of Federal Way and with City policies as applicable to the enforcement of construction codes. The Contractor will confer with the Building Official, or his/her designee, on any portion of the review that specifically requires an approval of the Building Official, authority having jurisdiction, code official, or Fire Marshal under the applicable code(s), or that involves an unusual interpretation. The City will determine and collect the fees to be paid by the applicant per the City's fee ordinance. The City will determine which plans are to be reviewed by the Contractor. The City will intake, track, and process the permit applications and all revisions. b. Reviews will conclude with the plan being authorized for permit issuance, or resulting in a plan review correction report. When authorizedfor permit issuance: i. Whenlans have been reviewed and have been found to be in substantial compliance with P p the City of Federal Way codes, all forms, plans, calculations, and permit application documents together with all written records related to the review shall be routed and returned to the City, together with a transmittal form listing the documents and indicating that the plans are able to be authorized for permit issuance. All necessary notes and details must be on or directly attached to the approved permit set of plans. When found by the Contractor to be in substantial compliance with required construction codes, the Contractor's plans examiner's signature and authorization date shall be provided on all plan sets returned to the City for further processing and or permit issuance. ii. The Contractor is permitted to redline drawings where corrections are minor or simple to clarify, provided permission to redline has been given by the engineer or architect of record, or equivalent. The Contractor will not design with the applicant, make any change on the plans that involves primary structural elements or connections, or make any change that directly contradicts other information on the plans. Any change marked on the plans must be made by or under the direction of the permit applicant or agent and be clearly identified as such on the plans. When corrections are needed: i. If the permit application, including plans, is not able to be authorized for permit issuance, the Contractor shall draft and email a correction report to the City contact person. The Professional Services Agreement -7- Rev.3/2017 CITY OF CITY HALL '�._. Federal Way 33325 8th Avenue South 4. Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway corn correction report shall include the permit application number, enumerate and specify corrections, and include reference to the applicable code section. The correction report may include a request for additional information needed in order to obtain corrected plans. 11. When directed by the Building Official, the Contractor will provide a facsimile or electronic transmission of the review letter directly to the building permit contact person named on the permit application. The Contractor will direct the permit contact person to submit the revised or added information to the City of Federal Way Permit Center using submittal requirements for the permit type under review, including a completed resubmittal form. The City will route rechecks though departments and may route to the Contractor as needed in order to complete permit processing. c. Plan review processing turnaround shall be as specified in Table 1, the Plan Review Processing Turnaround Times table, below. The Contractor shall provide the initial review (also referred to as the 1st review) and up to two (2)reviews of response to corrections. Turnaround working days commence starting on the date the plans are in the possession of the Contractor and terminate on the date the plans are received by the City. The City will be responsible for the transportation of applications, plans, and revisions to the Contractor. The Contractor will be responsible for the transportation of approved applications, plans, and revisions to the City. Within two (2) days of receipt of the plans, the Contractor will indicate if they are not able to meet the timeline for the review. The review timeline may be negotiated with the quantity and/or the complexity of the projects to be reviewed for the City constrains the Contractor's ability to meet the timelines. Table 1 Plan Review Processing Turnaround Times Type of Project First Review 2nd and 3rd Reviews (Working Days) (Working Days) New 1&2 Family&Townhouses(IRC or IBC) _ 7 5 Residential Addition and/or Remodel(IRC or IBC) 7 5 New Multifamily, Commercial, Industrial <5 Million in Valuation (IBC) 15 10 New Multifamily, Commercial, Industrial >5 Million in Valuation(IBC) 20 15 Multifamily, Commercial,Additions, and/or Remodel (IBC) 10 7 Tenant Improvements 7 5 2. Inspection Services: When available to the Contractor and agreed to in advance by both Parties, one (1) registered structural engineer, or one (1) International Code Council (ICC) certified building, plumbing, mechanical, electrical, or other ICC inspector having the knowledge to perform specified inspections, shall be provided to perform building inspection service for the City. The experience and qualifications of each such individual must be reviewed and approved in advance by the City's Building Official. The hourly rates shall be as specified in Exhibit B. Professional Services Agreement -8- Rev.3/2017 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway coin 3. Training Services: When available to the Contractor and agreed to in advance by both Parties, one (1) registered structural engineer, or one (1) ICC certified building, plumbing, mechanical, electrical, or other ICC inspector having the knowledge, shall be provided to perform training service for the City. The experience and qualifications of each such individual must be reviewed and approved in advance by the City's Building Official. The scope and rate structure of the training offered by the Contractor shall be negotiated separately. Professional Services Agreement -9- Rev.3/2017 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 95043-6325 (253) 835-7000 www cityoffederaiway.corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Five Hundred Thousand and 00/100 Dollars ($500,000.00). 2. Method of Compensation: 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, the calculated fixed fee, 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 after 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. 3. Method of Establishing Fixed Fees and Hourly Plan Review Charges: A. Basic Fees: a. For complete plan reviews of multi-family and commercial projects, including tenant improvements, fees will be fixed and billed as a percentage of the City plan review fees as calculated per project. Consultant's fixed fee will be equal to sixty percent (60%) of the plan review fees collected by the City. For projects having a valuation of greater than eight million dollars (> $8 million) the Consultant will negotiate an appropriate fee with the City. The City must provide the Consultant with the project valuation data for each project for use in calculating Consultant fees. b. Plan reviews of single-family and their accessory structures will be charged as fifty percent(50%) of the plan review fees collected by the City. The City must provide the Consultant with the project valuation data for each project for use in calculating Consultant fees. c. Expedited projects will be billed at one hundred and fifty percent (150%) of the above noted fees, contingent upon the availability of staff to perform the plan review. This additional fee can be charged directly to the permit applicant at the request of the City. d. The above noted fixed-fee covers an initial plan review in addition to a second and third review. Additional reviews beyond a brief third check will be billed at the hourly rates listed in Table 2, with advance approval from the City. B. Other Fees: In addition to the Basic Fees described above, time and materials methods using Table 2 will be used for determining fees for the following types of services: a. Fire and life safety plan reviews are not performed as part of the "Basic Fees" noted above. If these reviews are desired, they will be billed at the hourly rates noted in Table 2. b. If the City does not require a complete plan review, but would like assistance with specialty reviews (e.g., structural, mechanical, plumbing, electrical, energy, etc.) these reviews will be billed at the hourly rates listed in Table 2. c. Fees for problem plan checks, which require more than a quick third check to approve the project, when mutually agreed upon between the City and Consultant, will be based on the hourly rates listed in Table 2. Professional Services Agreement - 10- Rev.3/2017 CITY OF CITY HALL ..':� Federal Way Feder33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn d. Expedited hourly reviews will be billed at one hundred and fifty percent (150%) of the hourly rates listed, contingent upon the availability of staff to perform the plan review. This additional fee can be charged directly to the permit applicant at the request of the City. e. Shop drawings, change orders, review of special inspection reports and deferred submittal review shall be reviewed on an hourly basis using the hourly plan review rates specified in Table 2. 4. Method of Establishing Hourly Rates for Inspection, Training, or other Services: The Contractor may be requested to provide additional services. The scope of services may include on-call as-needed inspection, consulting, training, permit processing, or similar work not included as plan review. When requested by the City, the Contractor will provide an estimate of hours or a fixed fee for services proposed. The Contactor's hourly rate for inspection, training, or other services shall use the rates prescribed in Table 2, or may be separately negotiated on a fixed fee basis as mutually agreed by the Contractor and the City. Table 2 Hourly Rate Schedule for Inspection, Training, or Other Services Hourly Billing Rates for All Services Personnel Description Hourly Billing Rate Principal $140.00 Professional Engineer $120.00 Certified Code Review Personnel $95.00 Certified Inspector $85.00 Electrical Specialty $95.00 5. Reimbursable Expenses: The Contractor may submit a voucher or invoice for reimbursable expenses using Table 3. Actual cost without mark-up shall be documented. The actual customary and incidental expenses incurred by the Contractor in performing the Services shall include postage, UPS/FedEx, incidental copy charges, and other reasonable costs. Table 3 Reimbursable Cost Mileage Current IRS Mileage Reimbursement Rate Reimbursable Expenses Actual cost without Mark-up Professional Services Agreement - 11 - Rev.3/2017 ..... \ Fl 1 AWC3 November 16,2015 To whom it may concern, Please accept this letter as my authorization to have Christopher Kimball,P.E., S.E.,sign contract on behalf of West Coast Code Consultants,Inc. We thank you for your business and look forward to working with you. Please call me at(925)766-5600(cell)or(925)275-1700 if you have any questions. Respectfully, iff 4A1 1124161/14111/ ....millIIIMMIll n .Senaratne,S.E.,P.E.,LEED AP,CASp Principal/CEO DR4tb'l3�:9?I un., d"6iaNg3. � Il n6{&3'_ _ N ".,,q.iflY1,'''n�nrn.xr,••:n':,.. +»mn-sn-mi <.<'%¢+(N�% _ rwvresm> .n, n ,r„F,. >-, s,.x.,.su,.,sa u a.,.am.,,,,aw,r,..,, West Coast Code Consultants, Inc. 2400 Camino Ramon,Suite 240,San Ramon, CA 94583 T J 925.275.1700 • F/ 925.275.0600 www.WC-3.com DATE(MM/DD/YYYY) A`OR Ef CERTIFICATE OF LIABILITY INSURANCE 4/16/2019 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton&Associates (A/C.No,Ext(: 510 465-3090 (n/c,No):510 452-2193 P.O. Box 12675 Oakland,CA 94604-2675 ADDRESS: Certificates@Dealeyrenton.com License#0020739 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of Ameri 25674 INSURED WESTCOAST5 INSURER B:Travelers Indemnity Co.of Connecticut 25682 West Coast Code Consultants, Inc. INSURER C:Continental Casualty Company 20443 2400 Camino Ramon, Suite 240 San Ramon, CA 94583 INSURER D: (925)275-1700 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1664664394 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6807K831631 4/28/2019 4/28/2020 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(My one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 _ POLICY X JECT I LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA7K835875 4/26/2019 4/28/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) _ A X UMBRELLA LIAB X OCCUR Y Y CUP7K838484 4/28/2019 4/28/2020 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION $+npnn $ A WORKERS COMPENSATION Y UB7K838122 4/28/2019 4/28/2020 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE 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 C Professional Liability MCHS91900192 4/28/2019 4/28/2020 $2,000,000 per Claim Claims Made $4,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. City of Federal Way named as an additional insured as respects general&auto liability for claims arising from the operations of the named insured as required per written contract or agreement. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Kari Cimmer 33325 8th Avenue South AUTHORIZED REPRESENTATIVE Federal Way WA 98003 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER 6807K831631 COMMERCIAL GENERAL LIABILITY ISSUED DATE:4/16/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s)or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury"or"property damage"occurs or the"personal injury"or"advertising injury"offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s)or Organization(s)section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section Il —Who Is An Insured is amended to in- This insurance does not apply to"bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, induding materials, parts or equip- caused, in whole or in part,by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been corn- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6807K831631 ISSUED DATE: 4/16/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage" included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when,the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s)or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the"products-completed opera- ' ` respect to liability for"bodily injury" or"property dam- tions hazard". age"caused, in whole or in part, by"your work"at the CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 NAMED INSURED: West Coast Code Consultants, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE POLICY NUMBER: 6807K831631 ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms(complete forms available): Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIRED BY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis,this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The"bodily injury"or"property damage"for which coverage is sought occurs; and (2)The"personal and advertising injury"for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury"or"property damage"that occurs;or b. "Personal and advertising injury"caused by an offense that is committed; subsequent to the signing of that contract or agreement. Page 1 Policy# BA7K835875 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or"loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent • CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY NUMBER:BA7K835875 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:West Coast Code Consultants, Inc. Endorsement Effective Date:4/28/2019 SCHEDULE Name Of Person(s)Or Organization(s):All Operations of the Named Insured--City of Federal Way Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00)—001 POLICY NUMBER: UB7K838122 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT,PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 4/16/2019 ST ASSIGN: CA 017106