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AG 23-206 - ROCK PROJECT MANAGEMENT SERVICES, LLCRETURN TO: AUTUMN GRESSETT EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY: 4.. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ® CONTRACT AMENDMENT (AG#):23-206 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: PROJECT MANAGEMENT OF FWCC LOCKER ROOM RENOVATIONS 6. NAME OF CONTRACTOR: ROCK PROJECT MANAGEMENT SERVICES, L.L.C. ADDRESS: 1601 E VALLEY RD, SUTIE 100, RENTON, WA 96057 TELEPHONE 425-572-667e E-MAIL: BERNIE.ODONNELL@ROCKPMSERVICES.COM FAX: SIGNATURENAME: BERNIE ❑'DONNELL TITLEOWNER 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES ® COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: June 30, 2025 9. TOTAL COMPENSATION $ $263,530 + $15,000 = $278,530 (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 OYES ONO IF YES, $ PAID BY. 19, CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED 9 PURCHASING: PLEASE CHARGE TO: 001-1600-990-518-10/410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED * PROJECT MANAGER AG 11/2/2023 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 0 LAW JE 11/3/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING II ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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.) INITIAL/DATE SIGNED "AW DEPARTMENT jI►SIE iV ATORY (MAYOR OR DIRECTOR) Af# i ❑ CITY CLERK l/ ❑ ASSIGNED AG# AG# Co VN COMMENTS: Many recomended changes and comments throughout - JE 7/28/23 Recommended changes to Amendment 1 within the document - JE 11/3/23 2/2017 CITY OF CITY HALL Feder 8th Avenue South Federal Way, WA 98003-6325 4(_A*NR�k F%6-�d��� �y (253) 835-7000 www. cityoffederalway. com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL WAY COMMUNITY CENTER LOCKER ROOM RENOVATIONS This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Rock Project Management, L.L.C. a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Federal Way Community Center Locker Room Renovations ("Agreement") dated effective September 7, 2023, as follows: 1. 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"). 2. 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 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. 3. 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 - 4/2023 CITY OF CITY HALL Fe d e ra I WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: ROCK PROJECT MANAGEMENT, L.L.C.: By: Printed Name: Title: l YLes Date: I I - 1:� - ?,62-3 STATE OF WASHINGTON ) ) ss. COUNTY OF ► ^ ` ATTEST: w4mt" - ep anie Courtney, CM City Clerk APPROVED AS TO FORM: SJ.yan Call, Ci Attorney On this �day personally appeared before me &r^"t �' �rx�� 1 to me known to be the ✓1t),' j . rkt of Rock Pro'ect Management, L.L.G. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument. GIVEN my hand and official seal this day of Av b' 2013. WILLIAM HINDMAN Notary Public State of Washington Commission # 20106097 My Comm. Expires Jun 18, 2024 Notary's signature Notary's printed name , 1Nv'' Notary Public in and for the Stagof Washington. My commission expires G -I�7- C,�`I AMENDMENT - 2 - 4/2023 CIT Federal Way EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cttyaffederahvay com The Contractor shall do or provide the following in addition to Services in previous Exhibits: 1. Funding needs analysis — Work with the City's Parks Department staff to assess the current funding availability versus actual need for the FWCC Locker Room Renovation Project (Project). 2. Grant funding research — Conduct research to identify potential grant resources for the City to apply for to support the Project including, but not limited to, federal, state, and private agencies and organizations that may align with the City's Project to address or support Project funding needs. 3. Grant proposal development — Provide grant proposal development services associated with the preparation of grant applications for the City, including funding abstracts, preparation of application materials for submittal by the City funding sources. 4. Weekly meeting updates — Consultant shall provide updates on the Additional Services in this Exhibit A-1 as part of scheduled weekly project meetings. 5. Monthly reports — Consultant shall submit monthly reports to the City summarizing the amount of time expended and describe activities undertaken during the previous month in regards to the Additional Services in this Exhibit A-1. AMENDMENT - 3 - 4/2023 CITY OF CITY HALL I � 33325 8th Avenue South e d e "a ay Federal Way, WA 98003-6325 w (253) 835-7000 www cityoffederahvay. 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 Fifteen Thousand and 00/100 Dollars ($15,000.00). 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 Seventy -Eight Thousand Five Hundred Thirty and 00/100 Dollars ($278,530.00). 2. Method of Compensation: Hourly In consideration of the Contractor performing the Additional Services as specified in Exhibit A-1, 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: Grant Applications Program Manager $125/per hour Any payment for services rendered shall follow the terms provided in Section 4.2 of the Professional Services Agreement for Federal Way Community Center Locker Room Renovations between the Parties. AMENDMENT - 4 - 4/2023 RETURN TO: AUTUMN GRESSETT EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY:7/24/2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: PROJECT MANAGEMENT OF FWCC LOCKER ROOM RENOVATIONS 6. NAME OF CONTRACTOR: ROCK PROJECT MANAGEMENT SERVICES, L.L.C. ADDRESS: 1601 E VALLEY RD, SUTIE 100, RENTON, WA 98057 TELEPHONE 425-572-6878 E-MAIL: BERNIEODONNELL@ROCKPMSERVICES.COM FAX: SIGNATURENAME: BERME a'DONNELL TITLEOWNER 7. EXHIBITS AND ATTACHMENTS: it SCOPE, WORK OR SERVICES X COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �F't }y_,(� � _ � �, � `� COMPLETION DATE: 2-02.5 9. TOTAL COMPENSATION $ 263,530 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES 19 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES 10NO IF YES, $ PAID BY:19 CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAIINA�GE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE CHARGE TO: LOB ^ I % bO ^ 1 / y0 ^ 5 O —10 - Y/ 0 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ® PROJECT MANAGER AG 7/17/202 ❑ DIRECTOR v2 ❑ RISK MANAGEMENT (IF APPLICABLE) 111 LAW JE 7/28/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ElSENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: :2-.3 ❑ 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 VLAW DEPARTMENT I r<GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# ❑`p _ COMMENTS: Many recomended changes and comments throughout - JE 7/28123 212017 CITY or - Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofederalway.com PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL WAY COMMUNITY CENTER LOCKER ROOM RENOVATIONS This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Rock Project Management, L.L.C., a Washington limited liability company ("Consultant"). The City and Consultant (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: ROCK PROJECT MANAGEMENT SERVICES, CITY OF FEDERAL WAY: L.L.C.: Autumn Gressett Bernie O'Donnell 33325 8th Avenue South 1601 E. Valley Rd, Suite 110 Federal Way, WA 98003-6325 Renton, WA 98057 (253) 263-5778 (telephone) 425-572-6878_Autuniii.gressetLa?cityofiederal\vay.com bernie.odonnell rock mservices.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 June 30, 2025 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Consultant 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 Consultant 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 Consultant of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defectivb 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 Consultant fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Consultant ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Consultant an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com by this reference. The Consultant 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 Consultant 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. 4.2 Method of Payment. On a monthly basis, the Consultant 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 Consultant 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 Consultant 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 Consultant Indemnification. The Consultant 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 Consultant 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 Consultant and the City, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. Consultant 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 Consultant pursuant to this paragraph. The City's inspection or acceptance of any of Consultant'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 Consultant 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. Consultant'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 Consultant, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from PROFESSIONAL SERVICES AGREEMENT � 2 - Rev. 7/2021 .:§h, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com 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 Consultant agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Consultant, 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 Consultant 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 $2,000,000 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 limit 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 $2,000,000 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 Consultant. 6.2. No Limit of Liability. Consultant's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Consultant'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 Consultant's insurance and shall not contribute with Consultant'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, Consultant 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, Consultant shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Consultant's insurance policies are "claims made," Consultant 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 Consultant in performance of PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY 4F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffederalway com this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Consultant may be grounds for immediate termination. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant 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 Consultant while performing the Services shall belong to the City upon delivery. The Consultant 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 Consultant shall be delivered to the City. 9. BOOKS AND ,RECORDS. The Consultant 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. 10. INDEPENDENT CONSULTANT. The Parties intend that the Consultant shall be an independent contractor and that the Consultant 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 Consultant 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. Consultant 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 Consultant's own risk, and Consultant 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 Consultant 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 Consultant, shall not be deemed to convert this Agreement to an employment contract. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Consultant 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 Consultant's ability to perform the Services. Consultant agrees to resolve any such conflicts of interest in favor of the City. Consultant confirms that Consultant 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 Consultant's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Consultant'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 Consultant 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, PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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. Consultant 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 Assi runent and BeT]ef ciaries. Neither the Consultant 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 Consultant 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 in 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 Consultant'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 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY OF CITY HALL u Fe d e ra I Way 33325 8th Avenue South VMWFederal Way, nu 98003-6325 (253) 835-7000 www. cityoffederalway com 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 Consultant 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 - 6 - Rev. 7/2021 =dry OF CITY HALL Fe d e ra Way8th Avenue South Feder Federal Way, WA 98003-6325 - (253) 835-7000 www cltyoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: a5; , �00 - —� Ji erre1 , Mayor ATTEST: SWhaliie Courtney, CMC 1Cit Clerk DATE: APPROVED AS TO FORM: J. yan Call, City Attorney ROCK PROJECT MANAGEMENT SERVICES, L.L.C.: By: lulj tV Printed Name: —94r 7 .sl t- ©t2G N — Title: —V2rZ:Z-1S l b z-+" t 131, DATE: o % (- Z o23 STATE OF WASHINGTON ) ss. COUNTY OF On this da personally appeared before me sroA l d'Aanv\1­0 , to me known to be the of Rock Property Management Services L.L.C. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN my hand and official seal this 31 day of , 2023. Notary's signature WILLIAM HINDMAN Notary's printed name Notary Public Notary Public in and for the V- mye of Washington. state of Washington 1_ Commission # 20106097 My commission expires [J Comm. Expires Jun 18, 2024 PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF CITY HALL AN Fe d e ra I Way33325 8th Avenue South 4S Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT A SERVICES The Consultant shall do or provide the following: GENERAL SERVICES Rock Project Management Services, L.L.C. (RPM) shall provide project management and construction management (PM/CM) services as City's representative working on behalf of the City of Federal Way (City) for upgrades to the mechanical supply and exhaust system and comprehensive reconstruction to the City's Federal Way Community Center (FWCC) locker rooms, wet sauna, dry sauna, showers, cabanas, and related spaces as outlined in Exhibit E ("Project"). Details outlined below assumes August 2023 authorization to proceed and completion date of April 2025. The Consultant has no signatory authority or legal authority to authorize contracts or formal changes to contracts, or otherwise bind the City in any manner with any other party, on behalf of the City. The Consultant shall act in good faith, in the interest of the City to advise and make recommendations, and to proceed with implementing agreed upon services listed herein, and as otherwise directed by the City. "Identification of Involved Parties" : "City" = City of Federal Way "Consultant" = Rock PM, Party to this Agreement "Design Team" — Design Consultant to be acquired through the project process "Contractor" = Construction contractor to be acquired through project process "City staff' = internal City staff involved with the project "City Council" = Federal Way City Council, may include full council, council committee(s), and individual councilmembers "FWCC Members" = members of the public with FWCC memberships 1. PROJECT INITIATION AND PLANNING STAGE (PRE -DESIGN) During the Project initiation and planning stage, all consultant services are in pursuit of the goal of establishing project approach and Project scope of work, additional funding availability, establishing Project baseline budget and baseline schedule, and verifying all existing conditions. This early information will lead to a successful approach to onboard a multi -disciplined Design Team to design within pre -identified conditions and risk, purpose, clear roles and responsibilities, and fixed budget and schedule. A. TASKS: 1. Conduct an Initial Project Kickoff Meeting with the City. Items to be prepared by the Consultant and reviewed and approved by the City include the following draft documents: a. Project Charter — due by September 2023 b. Project Management Plan, including Monthly City Council meetings and weekly meetings with City staff — due by September 2023 c. Roles and Responsibilities Matrix — due by September 2023 PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com d. Risk Registry — due by September 2023 e. Project Budget, including a budget options log, summary budget, detailed budget, and project cash flow — due by September 2023; updates due by the 5" of each month f. Preliminary Project Schedule consistent with the deadlines and milestones identified in Exhibit D with an overall assumed completion date of April 8, 2025. g. Quality Assurance (QA) / Quality Control (QC) Plan — due by November 2023 h. Communications Plan, including an outreach and inclusion plan for the general public and for FWCC members 2. Finalize all documents from initial kickoff meeting for approval by the City and inclusion into a comprehensive Project Management Plan. Documents shall serve as the basis for managing the Project by the Consultant and other key team members, including the City, Design Team, and Contractor, and other stakeholders. 3. Review previously developed documents, including as -built facility plans and reports and any other documents or information available and/or provided by the City, if available, such as: a. Hazardous Materials, Asbestos, Lead, PCBs Reports; b. Existing As -Built Drawings and Specifications; c. Previous Construction Drawings and Specifications; d. Maintenance and Repairs Records; and e. Other information may inform a comprehensive understanding of existing conditions, if available. 4. Create anew Project budget and Project schedule as the Baseline Project Budget and Baseline Project Schedule. 5. Assist the City in advertising and selection of the Design Team to include the Project Architect and multi -disciplined engineering and any specialties consultants. The advertising and selection process shall be preceded with an outreach program to maximize participation by local Office of Minority and Women's Business Enterprises (OMWBE) and Small Business Enterprise (SBE), qualified firms in compliance with the City's procurement requirements. 6. Organize and lead Project planning meetings between City staff and Design Team to develop and verify overall Project purpose, Project elements, design concepts, Project funding, budgeting, and Project preliminary scheduling. Identify potential long lead items and equipment that may need to be acquired early to ensure timely delivery or availability. 7. In concert with City staff, provide overall Project Management for the implementation of the Project Plan receiving appropriate City staff review and approval of activities, as well as providing regular updates at periodic project meetings. Review and process monthly pay applications for all consultants and/or contractors, vendors, and suppliers. B. DELIVERABLES: 1. Project Charter 2. Project Management Plan 3. Roles and Responsibilities Matrix 4. Risk Registry PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffederalway com 5. Project Budget, including a budget options log, summary budget, project cash flow, and detailed budget 6. Preliminary Project Schedule — to include detailed Gantt charts with days/weeks allotted to each line item 7. QA/QC Plan 8. External Communications Plan — for the general public and FWCC members 9. External Outreach and Inclusion Plan — for the general public and FWCC members 10. Consultant will take minutes during all meetings with the City and will submit the minutes to the City for review and approval not later than ten business days after the meeting date 11. Draft Request for Qualifications (RFQ) to secure a Design Team to complete Design Services for the Project. 12. Scoring Recommendations for Design Services RFQ response evaluation to be completed by City staff 13. City Council, City Leadership, General Public and FWCC Member Presentations and Reports as required by the City, consistent with the communications and outreach plan and the project key dates and milestones in Exhibit D. 2. DESIGN, PERMITTING, CONSTRUCTION CONTRACT PROCUREMENT PHASE SERVICES The Consultant shall manage completion of the design phase with the Design Team from planning through permitting, and construction bid procurement. The Consultant shall collaborate with the City to ensure scope of work, budget, and schedule are aligned, holding the Design Team accountable to design within the established scope of work, available funding, agreed upon budget, and fixed schedule. The Consultant shall ensure the Design Team coordinates permitting requirements with authority having jurisdiction. Design shall be coordinated for proper sequencing, and potential early procurement of long -lead items. The Consultant shall work with the City and Design Team to identify bid alternatives to help ensure design remains within budget as demonstrated through the bidding process. A. TASKS: 1. Provide City Staff with recommended provisions and terms to include in the most responsive, highest scoring Design Team Design Team contract. 2. Conduct an initial Design Phase kickoff meeting with the City Staff and Design Team. 3. Attend and participate in design phase progress meetings. Ensure design decisions are considering implications to budget, schedule, quality, maintenance and operations budgets, and City's facilities standards. Observe design decisions and provide input on constructability risks and opportunities, sequencing coordination, and site organization. 4. Review monthly pay applications. 5. Lead constructability review sessions, provide multi -discipline reviews, provide information to the Design Team, and follow-up that review comments were incorporated. 6. Provide budget and schedule updates regularly throughout the design, permitting, and contract procurement stages. 7. Attend permit preapplication permit meeting, key permit intake meetings, and other permit -related meetings. 8. Assist City with stakeholder (internal and external stakeholders) meeting facilitations. 9. Assist City with the development of front-end specifications required by WSDOT Standard Specifications 2023 10. Maintain a budget options log throughout the design phase, share at design meetings. PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com 11. Prepare bid draft bid documents using information gathered throughout the project process for City review, finalization, and use for posting the RFB. 12. Conduct OMWBE/SBE outreach and inclusion workshops with business community to bring prime bidders and subcontractors and suppliers together to network for bidding opportunities. 13. In addition to the City's required posting of the RFB under public contracting and public works laws (ch. 39.04 RCW), advertise for responses to the RFB. 14. Coordinate and assist Design Team and City with pre -bid questions for response to all prospective bidders and any addendum preparation and issuance. 15. Provide feedback and recommendations on responsive bids for construction contracting for the City's consideration 16. Recommend contract terms to assist the City in negotiations with the apparent successful bidder based on scoring and evaluation of provided information, coordinate with City for Contractor contract execution, and notice to proceed. B. DELIVERABLES: 1. Detailed construction estimates and proposed budget updates 2. Monthly Detailed Project schedule updates submitted via email for City Staff review 3. Constructability Reviews 4. Design Phase Meeting Minutes (provided by A/E) 5. Construction Bid Form, including list of Alternates, Allowances, and Unit Pricing 6. Front End Specifications per WSDOT Standard Specifications 2023 (Divs 00 and 01) 7. Presentation(s) materials as needed 8. Pay applications 9. City Council, City Leadership, General Public and FWCC Member Presentations and Reports as required by the City, consistent with the communications and outreach plan and the project key dates and milestones in Exhibit D. 3. CONSTRUCTION PHASE SERVICES During the construction phase, the Consultant shall ensure the Contractor manages the construction phase for quality, on -time delivery, staying within budget, and working in a safe, skillful manner. The Consultant shall ensure the Contractor adheres to the terms of the Contractor's contract, and that construction -phase issues that may arise from time to time, are managed promptly, that the Contractor is not proceeding with unauthorized work, and that the Design Team is addressing any emerging design issues quickly and in the most cost-effective manner. During the construction phase, the Consultant shall function as the primary set of eyes on behalf of the City to ensure the Contractor is installing work in accordance with the Contract Documents. The Consultant shall act on behalf of the City to ensure the Project is completed as intended, on time, and within budget, to meet the substantial completion milestone, and all permits are finalized. Project Closeout shall be prompt and FF&E and move activities properly coordinated with the City. A. TASKS: 1. Attend weekly construction progress meetings to review Project Documentation, Pay Applications, and any projects updates as needed (Contractor meeting and internal staff meeting) 2. Maintain Project documentation and Project controls including RFI and Submittal logs, Change log, Nonconformance Log, Issues Log, Risk Registry, Project Schedule and Project Budget 3. Review monthly pay applications from consultants and contractors. PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 4/2023 rIgy OF CITY HALL 'S Federa Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederafway com 4. Issue Change Proposals and Change Orders, in consultation with and per the direction of the City. 5. Provide on -site quality, safety, and progress reviews. 6. Witness testing and inspection services. 7. Coordinate City -furnished deliveries, if any, with Contractor and others. 8. Coordinate punch listing activities. 9. Coordinate closeout documents and closeout items including as-builts and record documents, warranties, operations and maintenance manuals and training, overstock equipment and supplies, final keying and access, fire and life safety testing and inspections, and start-up and commissioning activities. 10. Conduct substantial completion recommendations in coordination with the Design Team and City. 11. Conduct post -construction inspections prior to end of one-year warranty period. B. DELIVERABLES: Consultant will take minutes during all meetings with the City and will submit the minutes to the City for review and approval not later than ten business days after the meeting date 2. Project Documentation and PM/CM Logs 3. Change Orders on City Changeorder Form 4. Risk Registry 5. QA/QC Reports 6. Monthly Pay Applications 7. Special Presentations as needed 8. Final Project Closeout Report 9. City Council, City Leadership, General Public and FWCC Member Presentations and Reports as required by the City, consistent with the communications and outreach plan and the project key dates and milestones in Exhibit D. PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 4/2023 CITY OF ,�. Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 tvww cityoffederahvay com 1. Total Compensation: In return for the Services, the City shall pay the Consultant an amount not to exceed Two Hundred and Sixty -Three Thousand Five Hundred and Thirty and 00/100 Dollars ($263,530.00). 2. Method of Compensation: Compensation shall be a lump sum payable based on the agreed upon project management cost and timeline staffing plan included herein, for monthly fixed payments in accordance with the Contract terms. Billable rates are identified for key staff members for the purposes of negotiating any future additive or deductive contract amendments. j� ROCK CONTRACT ATTACHMENT B Federal Way Community Center Locker Rooms Improvement Project Crfy nfFe'*'ra/ ls%ay PROJECT MANAGEMENT COST AND TIMELINE - Sl PRE. QNS•TRUCTIONPHASE r ease FinA RPM Steve Sawyer, Sr $ 16E 560 $ 104,16D 20 60 60 EO 60 ED 60 60 60 60 RPM JoaepNoe Bayan, P $ 155 24 $ 3,720T 24 RC Cost Gmu. $ 175 40 $ 7,000 20 - 20 Expenses: $ 7,110 1 $ 360 $ 750 $ 750 $ 750 1 750 3 750 ^s 750 g 750 $ S 750 Totals: t 131.11M $12.90 312Y30 t12.730 S 16.230 S 12_730 S 12.730 S 12.738 S 12.730 S 12.730 S 12J30 I CONSTRUCTION PHASE 1 1 CONSTRUCTION PHASE 2 1 CONSTRUCTION PHASE 3 CLOSEOUT RP11, SteveVSawyer, Sr PJ $ 166 620 $ 115,320 60 60 6D euallmz ctions $ 175 32 $ 5,600 2 4 4 Expenses: 1 $ 7,500 $ 750 $ 750 $ 750 $ Totals: $ 132,52U $12,870 $13,0213 $13,0211 $ Precoruiruction PM Services I S = onstruction PMICM Services S T32,52u Total PM1CM Services 111312U23-48Y2U25: L12133.5M 3. Assumptions: 60 60 60 60 60 60 80 2 4 4 2 4 6 50 $ 750 $ 750 $ 750 8 750 S 750 $ 750 a. Assumes monthly updates to City Staff that can be relayed to City Council and external stakeholders as needed b. Assumes after hours construction monitoring as needed. c. Costs are assumed lump sum, per month, net due within 30 days of invoicing. Invoicing to include itemization detailing type and number of work hours associated with lump sum. PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 4/2023 cIrr of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederahvay. com d. Rates are 2023 billable rates and include direct salary and all payroll taxes, benefits, and direct overhead. e. Assumes Schedule is based on key milestones established in Exhibit D. PROFESSIONAL SERVICES AGREEMENT - 14 - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cdWffederaMoy. com EXHIBIT C CERTIFICATE OF INSURANCE PROFESSIONAL SERVICES AGREEMENT - 15 - Rev. 4/2023 CITY of CITY HALL '% Fed a ra 11111ay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT D KEY MILESTONES The project schedule assumes a 10-month preconstruction schedule and a 10-month construction schedule. The construction duration is based on a phased approach with facilities operations remaining active during construction. Key Milestones: Rock Project Management Notice -to -Proceed: RFQ to City Staff/Legal for Review: RFQ Open: RFQ Closes: Qualified Design Firm to City Council for Approval: Design Team Notice -to -Proceed: 30% Proposed Design to Staff/Legal Review: 85% Proposed Design to City Council for Approval: Council Approval to go out bid: RFB Open: RFB Closes: Winning Bid to City Council for Approval: Permit Issued: Contractor Notice -to -Proceed: City Council Update: Phase I to begin: City Council Update: City Council Update: City Council Update: Substantial Completion: Project Final Completion, Full Occupancy: City Council Project Acceptance: August 2023 September 1, 2023 September 18, 2023 October 18, 2023 November 7, 2023 November 14, 2023 January 15, 2024 February 2024 February 2024, Meeting Date TBD March 2024 May 2024 May 21, 2024 May 31, 2024 June 1, 2024 July 2024, Meeting Date TBD September 2024 September 2024, Meeting Date TBD November 2024, Meeting Date TBD January 2025, Meeting Date TBD March 2025 April 2025 May 2025 PROFESSIONAL SERVICES AGREEMENT - 16 - Rev. 4/2023 CITY OF -. � Federal Way EXHIBIT E Cabanas & Entry CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com PROFESSIONAL SERVICES AGREEMENT - 17 - Rev. 4/2023 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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 Newfront Insurance Services 777 Mariners Island Blvd., Suite 250 San Mateo, CA 94404 www.newfront.com INSURED Rock Project Management Services, LLC 1601 E Vaileyy Rd Ste 110 Renton WA J8057 Oscar Osorio 650-488-8565 AFFORDING COVERAGE INSURER A: Hartford Insurance Co INSURER B : StarStone Soecialtv Insu INSURER C: National C INSURER D INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 76135497 REVISION NUMBER: NAIC # 37478 44776 11991 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL,SUBR POLICY NUMBER POLICY 6FF . POL fMMDrfYYY LIMITS A COMMERCIAL GENERAL LIABILITY 52SBAAV7SUP 1/17/2023 1/17/2024 CLAIMS-MADE F7 OCCUR EACH OCCURRENCE $2000000 DAMAGE T PREMLIES fEa occurrence $1 000 000 MED EXP (Any one person) $10 000 PERSONAL &ADV INJURY s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY D JPEC 7 LOC PRODUCTS - COMP/OP AGG s2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 52SBAAV7SUP 1/17/2023 1/17/2024 COMBINED SINGLE LIMIT $2,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Par 'dent $ $ B UMBRELLA LIAB HCLAIMS-MADE OCCUR 88407R230ALI 2/14/2023 1/17/2024 EACH OCCURRENCE $ 4 000 000 YEXCESS AGGREGATE $ 4 000 000 LIAR IIED I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE 1 52SBAAV7SUP V I g A UTE I V J DR WA Stop Gap $ 1 D00 I)00 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA $1,0 0,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000 C Errors & Omissions IE00001872 4/18/2023 4/18/2024 $2,000,000 occ / $4,000,000 agg DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Federal Way Community Center Locker Room Renovations The City, its officials, officers, employees, agents and authorized volunteers are included as additional insured as respects their interests in the project referenced above. r_FfaTls=lC:aTF 1­101 DFR CANCELLATION 0of Federal Way 25 8th Ave South Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rod Sockolov U 19BB-ZU15 AGUKf7 GUKPUKA I IUN. All ngnis reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 76135497 1 Master Certl=irate I Oscar Oeerio 1 9/5/2023 2:22:54 PM (PST) I Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. 7/19/23, 2:09 PM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Business ROCK PM SERVICES name: Entity type: Limited Liability Company UBI #: 604-555-690 Business ID: 001 Location ID: 0001 Location: Active Location address: 1601 E VALLEY RD RENTON WA 98057-3314 Mailing address: 1601 E VALLEY RD RENTON WA 98057-3314 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held z License # Count Del Status Expiration date First issuance date https.//secure.dor.wa.gov/gteunauth/—t#7 1/3 7/19/23, 2:09 PM Washington State Department of Revenue Endorsements held i License # Count Del Status Expiration date First issuance date Aberdeen General 216662 Active Jan-04-2023 Business - Non - Resident Elma General Active Dec-31-2023 Dec-27-2022 Business - Non - Resident Federal Way Active May-31-2024 May-10-2023 General Business - Non -Resident Hoquiam General Active Apr-30-2024 Apr-11-2023 Business - Non - Resident Montesano Active Dec-31-2023 Dec-22-2022 General Business - Non -Resident Ocean Shores Active Jan-31-2024 Feb-23-2022 General Business - Non -Resident Governing People May include governing people not registered with Secretary of State Governing people O'DONNELL, BERNIE SAY-O'DONNELL, CONNIE Registered Trade Names Registered trade names Status First issued ROCK PM SERVICES Active Oct-08-2020 hftps://secure.dor.wa.gov/gteunauth/—,/#7 2/3 7/19/23. 2:09 PM Registered trade names Status ROCK PROJECT Active MANAGEMENT ROCK PROJECT Active MANAGEMENT SERVICES RPM THE ROCK Active Active Washington State Department of Revenue First issued Jan-21-2020 Jan-21-2020 Jan-21-2020 Jan-21-2020 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/19/2023 2:09:22 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/—/#7 3/3 7/19/23, 2:07 PM Corporations and Charities System BUSINESS INFORMATION Business Name: ROCK PROJECT MANAGEMENT SERVICES, L.L.C. UBI Number: 604 555 690 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 1601 E VALLEY RD, SUITE 110, RENTON, WA, 98057, UNITED STATES Principal Office Mailing Address: 28935 233RD AVE SE, BLACK DIAMOND, WA 98010, BLACK DIAMOND, WA, 98010, UNITED STATES Expiration Date: 01/31/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 01/16/2020 Period of Duration: PERPETUAL Inactive Date: Nature of Business: ADMINISTRATION & BUSINESS SUPPORT SERVICES, OTHER SERVICES, PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES, CONSTRUCTION, PROGRAM, PROJECT, AND CONSTRUCTION MANAGEMENT CONSULTING SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Street Address: 1601 E VALLEY RD, SUITE 110, RENTON, WA, 98057-3314, UNITED STATES Mailing Address: 1601 E VALLEY RD, SUITE 110, RENTON, WA, 98057-3314, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL BERNIE O'DONNELL GOVERNOR INDIVIDUAL CONNIE SAY O'DONNELL https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1 /1