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AG 23-260 - INNOVA ARCHITECTSRETURN TO: AUTUMN GRESSETT/MARY JAENICKE 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: 3/27/2024 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#): 23-260 ❑ INTERLOCAL ❑ OTHER 5. PROJECTNAME: FWCC LOCKER ROOM DESIGN `" tj 6. NAME OF CONTRACTOR: INNOVA ARCHITECTS ADDRESS: 950 PACIFIC AVE, SUITE 450, TACOMA, WA 98402 TELEPHONE 253-380-1932 E-MAIL: PAUL@INNOVAARCHITECTS.COM FAX: SIGNATURENAME: PAUL MCCORMICK TITLE OWNER/PRINCIPAL 7. EXHIBITS AND ATTACHMENTS: O SCOPE, WORK OR SERVICES Ll COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON SIGNATURE COMPLETION DATE: JUNE 30, 2025 9. TOTAL COMPENSATION $ ADD 5,946 for total of $238,311 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ENO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES 0NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED X PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-410 10. DOCUMENT/CONTRACT REVIEW INITIAL IDATE REVIEWED INITIAL/DATE APPROVED A PROJECT MANAGER AG 3/20/2024 LI DIRECTOR JRH 3/21/24 ❑ RISK MANAGEMENT (IF APPLICABLE) © LAW JE 3/26/24 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑. CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ DATE SIGNED DEPARTMENT Pil SIGNATORY (MAYOR OR DIRECTOR) ITY CLERK ASSIGNED AG# A # COMMENTS: Changes and comments in the document - JE 3/26/24 212017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 335-7000 mvwcityoffeder.*vaycom AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL WAY COMMUNITY CENTER LOCKER ROOM RENOVATIONS This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and INNOVA Architects, Inc., a "Washington corporation" ("Architect & Engineering Firm" or "A/E Firm"). 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 December 15, 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 A/E Firm and the rate or method of payment, as delineated in Exhibit 13-1, attached hereto and incorporated by this reference. The A/E Firm 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 A/E Firm 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 4% CITY OF Federal Way CITE' HALL 33325 Eth Avenue South Federa€ Way, !NA 98003-6325 (253)835-7000 k+nv�v. cityoffedp-r�fii�vny cofxr IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: r rrel[, Mayor ' DATE: Printed Name: 5eorrr A 1A- Title: I �12o-rt-nr- ATkWA ) MCrl— Date:--,2el AA} * Z07A STATE OF WASHINGTON ) ) ss. COUNTY OF Piero. ) ATTEST: tep an'e urtney, C C, City Clerk PPROVED AS TO FORM: J. R an Call, City NAorney On this day personally appeared before me S e-c, t S aAa cb 5 to me known to be the Pro ct AxcIkec± of INNOVA Architects. Inc. that executed the within and 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 or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this 2.c T" day of March , 2024. Notary's signature Notary's printed name Shive - Fra►-%k-S Notary Public in and for the State of Washington. My commission expires `{ / x /2o2-7 AMENDMENT - 2 - 4/2023 ACITY OF �., Federal Way EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 Sth Avenue South Federal Way, DIVA 58003-6325 (253) 835-7000 M1w Jty0fYeder, way.ca}r) The Contractor shall do or provide the following in addition to Services in previous Exhibits: 1. Provide pre -design Testing, Adjusting, and Balance (TAB) services of the existing HVAC equipment to support the Federal Way Community Center Locker Room Renovation project. 2. A/E Firm to take readings of select equipment serving the Men's and Women's locker rooms, family changing cabanas, steam room, and sauna. 3. Results from the testing will be utilized to guide proposed design TAB services will be provided by Neudorfer Engineers and coordinated through INNOVA's mechanical engineer, GDM-AE. AMENDMENT - 3 - 4/2023 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, VVA 98003-6325 (253) 635-7000 mvwc1tkvffederahvay corr> EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the A/E Firm an additional amount not to exceed Five Thousand Nine Hundred, Forty -Six and 00/100 Dollars ($5,946.00). The total amount payable to A/E Firm pursuant to the original Agreement and this Amendment shall be an amount not to exceed Two Hundred Thirty -Eight Thousand, Three Hundred Eleven and 00/100 Dollars ($238,311.00). 2. Method of Compensation: Fixed Price A/E Firm to be compensated via fixed price, including overhead and profit. AMENDMENT - 4 - 4/2023 RETURN TO: AUTUMN GRESSEI ARY JAENICKE EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROU 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY:11/27/2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 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: FWCC LOCKER ROOM DESIGN 6. NAME OF CONTRACTOR: INNOVA ARCHITECTS ADDRESS: 950 PACIFIC AVE, SUITE 450, TACOMA, WA 98402 TELEPHONE 253-380-1932 E-MAIL: PAUL@INNOVAARCHITECTS.COM FAX: SIGNATURENAME: PAUL MCCORMICK TITLE OWNER/PRINCIPAL 7. EXHIBITS AND ATTACHMENTS: N 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: UPON SIGNATURE COMPLETION DATE: JUNE 30, 2025 9. TOTAL COMPENSATION $��0Fre6 0 23Z 3645 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES QEMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ®NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ® PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ® PROJECT MANAGER AG 11/16/2023 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) I LAW JE 11/28/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12/5/23 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 12/14/23 ❑ 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 p�1kW DEPARTMENT 1 M SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: 2/2017 r CITY of Y HALL Fe d ra Way33325 Avenue South Federall Way, WA 98003-6325 (253)835-7000 wwdv cifyoffederahvay 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 INNOVA Architects, Inc., a Washington corporation" ("Architect & Engineering Firm" or "A/E Firm"). The City and A/E Firm (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: INNOVA ARCHITECTS INC.: Paul McCormick 950 Pacific Ave, Suite 450 Tacoma, WA 98402 253-380-1932 (telephone) paulAi nnovaarchitects.com The Parties agree as follows: CITY OF FEDERAL WAY: Autumn Gressett 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-6914 .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than 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 A/E Firm shall perform the services more specifically described in Exhibit B ("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 A/E Firm 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 A/E Firm 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 A/E Firm fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the A/E Firm ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the A/E Firm an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit C, attached hereto and incorporated by this reference. The A/E Firm agrees that any hourly or flat rate charged by it for its services contracted for Pagel of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of t,i fY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit C, the A/E Firm 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 A/E Firm 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 A/E Firm 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 A/E Firm 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 A/E Firm Indemnification. The A/E Firm 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 the negligent acts, errors or omissions of the A/E Firm in performance of this Agreement, except for that portion of the claims caused by the City's 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 A/E Firm and the City, the A/E Firm's liability, including the duty and cost to defend, hereunder shall be only to the extent of the A/E Firm's negligence. A/E Firm 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 A/E Firm pursuant to this paragraph. The City's inspection or acceptance of any of A/E Firm'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 A/E Firm 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. A/E Firm'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 A/E Firm, 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 Page 2 of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Li fY HALL 44%Fe d e ra I N Y a� Feder Avenue South Federall Way, WA 98003-6325 (253)835-7000 wmv couffederatwaycom 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 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 A/E Firm agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the A/E Firm, 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 A/E Firm 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 A/E Firm. 6.2. No Limit of Liability. A/E Firm's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the A/E Firm to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The A/E Firm'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 A/E Firm's insurance and shall not contribute with A/E Finn'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, A/E Firm shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit D and incorporated by this reference. At the City's request, A/E Firm shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If A/E Firm's insurance policies are "claims made," A/E Firm 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 A/E Firm in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the A/E Firm may be grounds for immediate termination. All records submitted by the City to the A/E Firm will be safeguarded by the A/E Firm. The A/E Firm will fully cooperate with the City in identifying, assembling, and Page 3 of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF t,i 1Y HALL A% F� d e ra lira y Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cit yoffederal way_ com 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 A/E Firm while performing the Services shall belong to the City upon delivery. The A/E Firm 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 A/E Firm shall be delivered to the City. 9. BOOKS AND RECORDS. The A/E Firm 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 CONTRACTOR. The Parties intend that the A/E Firm shall be an independent contractor and that the A/E Firm 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 A/E Firm 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. A/E Firm 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 A/E Firm's own risk, and A/E Firm 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 A/E Firm 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 A/E Firm, shall not be deemed to convert this Agreement to an employment contract. If the A/E Firm is a sole proprietorship or if this Agreement is with an individual, the A/E Firm agrees to notify the City and complete any required form if the A/E Firm retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the A/E Firm's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that A/E Firm 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 A/E Firm's ability to perform the Services. A/E Firm agrees to resolve any such conflicts of interest in favor of the City. A/E Firm confirms that A/E Firm 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 A/E Firm's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the A/E Firm'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 A/E Firm 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 Page 4 of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF U i Y HALL � . Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 40 (253)835-7000 wmv cifyoffederatway com 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. A/E Firm 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 A/E Firm 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 A/E Firm 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 A/E Firm'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 Page 5 of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF L;i N HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederatway com 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 alt 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 A/E Firm 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] Page 6 of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF uTY HALL �. Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cdyoffederafway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: S W 14 L�F' erwvl�s AININ Printed Name: Title: 424W I Yr�GI DATE: '? 'DL Gt,-M F.91, &1,3 STATE OF WASHINGTON ) ) ss. COUNTY OF PtEC2GE ) ATTEST: q4&42N46k S pha ie Courtney, CMC, C(i#y Clerk APPROVED AS TO FORM: 5J.yan Call, Cit Attorney • EE F EXp o � �� cn ? z NOTARY PUBLIC : 2 � ? . ; O • NO ,0 WASN"��`� On this day personally appeared before me Scott Saladi S , to me known to be the Arch,-Leet of INNOVA ArcEiitects. Inc. that executed the within and 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 or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this FtA day of 'Der-emnPer , 2023 Notary's signature Notary's printed name %jyer, V-y-arkS Notary Public in and for the State of Washington. My commission expi res-Oq- 0/ - 2027 Page 7 of 155 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL Federal Wa Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com EXHIBIT A DEFINITIONS For the purposes of this Agreement, terms are defined in the Agreement and in this section, and may be defined in the Specifications or Drawings. Terms used in a defined sense normally are capitalized; terms used in a general or undefined sense normally are not capitalized. Unless the context clearly requires otherwise, or the term is expressly defined otherwise for a particular purpose, the following definitions apply throughout this Agreement. A/E Finn's Representative - An individual authorized in writing by the A/E Firm to represent the A/E Firm with respect to this Agreement. A/E Firm's Documents — All documents relating to the Project, created by A/E Firm in the performance of the Work in accordance with Exhibit B of the Agreement. Agreement - The Professional Services Agreement for Federal Way Community Center Locker Room Renovations Project signed by the parties and incorporating other documents. Agreement Documents — All documents, including exhibits and attachments, that make up this Agreement, and required submittals from the A/E Firm, including but not limited to the Agreement; the Scope of Work; Preliminary Engineering; Design Plans; bonds; these General Conditions; wage rates; written consents to proceed to a subsequent subphase, and the Notice to Proceed. Architect and Engineering Firm "A/E Firm" — INNOVA Architects, Inc. Business Day — Every official work day of the week that the City is open for business. These are the days between and including Monday through Friday, and does not include public holidays and weekends. Construction Documents — Documents necessary to complete construction, including but not limited to, the Drawings and Specifications prepared by the A/E Firm. Agreement Time - The number of days between the Work Start Date established by the Notice to Proceed and the date by which Substantial Completion of all Work must be achieved under this Agreement. Cost of the Work - Costs necessarily incurred by the A/E Firm in the performance of the Work in accordance with Exhibit C of the Agreement. Defective - (1) Unsatisfactory, faulty, or deficient, (2) not conforming to this Agreement, or (3) not meeting the requirements of any inspection, test, or approval required by this Agreement or federal, state, or local Law. Design Development - The design phase described in the Agreement. Draft Design Plans — Documents created for internal review, including but not limited to, the Drawings and Specifications prepared by the A/E Firm PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Wa Feder 8th Avenue South � Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Design Plans - Documents necessary to complete permit submittal, including but not limited to, the Drawings and Specifications prepared by the A/E Firm. Design Services — The services provided by the A/E Firm or Lead Designer in the Pre -Construction Design Phase of the Project, described in Exhibit B of the Agreement. Design - To perform architectural or engineering, or both, design professional services, including but not limited to planning, designing, observing, consulting, evaluating and other related services, for the construction of the Work. Designer - A person or entity providing design services for the A/E Firm for all or a portion of the Work that is licensed to practice architecture or engineering in the State of Washington. The Designer is referred to throughout the Agreement Documents as if singular in number, although there may be more than one Designer providing design services for the A/E Firm. Drawings - The graphic representations which show the character and scope of the Work to be performed, which have been prepared by A/E Firm and approved by the City in accordance with the Agreement. Final Acceptance - The City's written acknowledgment that the Work has been fully completed and all Agreement -required documentation has been received and accepted. Preliminary Engineering - The documents created in the first phase of Design Services and prior to preparation of the Design Plans or RFP Documents as described in the Agreement. Product Data - Pictures, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the A/E Firm to illustrate a material, product, or system for some portion of the Work. Rock Proiect Management (RPM) — City's retained Project Management Team Samples - Physical examples of material, equipment, or workmanship which demonstrate and establish standards by which the Work will be judged. Scope of Work / Services - The program for the Project set forth in Exhibit B, which includes initial information about the Project. These documents shall be evaluated and refined by the A/E Firm to develop the Preliminary Engineering. ShopDrawings - Diagrams, drawings, illustrations, instructions, and other data submitted by the A/E Firm to illustrate some portion of the Work. Shop Drawings are not Design -Build Documents. Specifications - Those written technical descriptions of materials, equipment, systems, standards, and workmanship prepared by the A/E Firm and approved by the City in accordance with the Agreement. Subcontractor - An individual or firm having a direct or indirect contract with the A/E Firm or with any other Subcontractor at any tier for the performance of a part of the Work, including but not limited to the Designer. Work - The design services, supervision, labor, material, equipment, and Services required by this Agreement. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Wa Feder 8t1, Avenue South Federal Way, WA 98003-6325 �� (253) 835-7000 www.cdyoffederahvay.com Work Start Date - The day stated in the Notice to Proceed when the Agreement Time will begin to run in accordance with this Agreement. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Wa Feder 8th Avenue South Federal Way, WA 98003-6325 �-� __ (253) 835-7000 www cityoffederalway com EXHIBIT B SERVICES The A/E Firm shall provide the City, on the terms set forth in the RFSOQ and detailed below, all of the architectural, design, and/or engineering services necessary to complete the Locker Room Renovation Project (Project). The A/E Services shall include those described in this Exhibit B, and include all structural, mechanical, and electrical engineering services and any other services necessary to produce a reasonably complete and accurate set of "Design Plans" as provided below. As also detailed below in this Exhibit B, the A/E Firm will assist with the completion of the construction phase through full Project closeout by attending regular meetings with the City, RPM, and Construction Contractor, and providing guidance, clarification, and answering questions relating to the Design Plans. 1. INTENT I. I . It is the intent of this Agreement to describe the Work A/E Firm will provide the City. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Agreement as being required to produce the intended result shall be supplied whether or not it is expressly specified. 1.2. Clarifications and interpretations of this Agreement will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Agreement. 1.3. References to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Agreement. The parties hereby agree that any amendments, changes, or updates to the above referenced standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities shall be automatically applicable to the terms of this agreement and the scope of services. 2. PERSONNEL. The following persons will serve in the following roles for the A/E Firm: 2.1. A/E Services Project Principal, INNOVA Architects, Paul McCormick 2.2. A/E Services Project Manager/Lead Architect, INNOVA Architects, Scott Saladis, RA 2.3. A/E Services Structural Engineer, INNOVA Architects, Steven G. Hall, PE Unless they leave the employment of the A/E Firm, the above -named persons must serve in these positions throughout the duration of the A/E Firm's performance of the Agreement except as approved otherwise in writing in advance by the City. Persons named to replace those set out above must be approved in writing in advance by the City, and shall shadow the person they are replacing at no cost to the City for at least two - weeks prior to stepping into the role. The City's approval as required by this subsection will not be unreasonably withheld. 3. SUBCONTRACTORS. The following person or entity will serve as subcontractors for the A/E Firm: 3.1. A/E Services Mechanical Designer: GDM Engineers, Jesse Barksdale 3.2. A/E Services Electrical Designer: Cross Engineers, Brice Anderson 3.3. A/E Services Hazardous Building Materials Management: Med-Tox NW PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of Fe d e ra I V V a � CITY HALL Feder 8th Avenue South Federal Way, WA 98003-6325 �. (253) 835-7000 www cVoffederalway com 3.3.a. Anthony Fullerton 3.3.b. Jon Havelock, CSP, CHMM 3.4. A/E Services Interior Designer: Interior Design by Helene Dorsham 4. REASONABLE OBJECTION. The A/E Firm may not employ personnel, or contract with Subcontractors or suppliers, to whom the City has made reasonable and timely objection. The A/E Firm will not be required to contract with anyone to whom the A/E Firm has made reasonable and timely objection. If the A/E Firm changes any of the Subcontractors identified above, the A/E Firm must notify the City and provide the qualifications of the new Subcontractor(s). The City may reply within 14 days to the A/E Firm in writing, stating (1) whether the City has reasonable objection to the proposed Subcontractor or (2) that the City requires additional time to review. Failure of the City to reply within the 14-day period constitutes notice of no reasonable objection. If the City has reasonable objection to a person or entity proposed by the A/E Firm, the A/E Firm must propose another to whom the City has no reasonable objection. If the rejected person or entity was reasonably capable of performing the Work, the Price and/or Agreement Time will be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Amendment shall be issued before commencement of the substitute person or entity's Work. However, no increase in the Price or Agreement Time will be allowed for such change unless the A/E Firm has acted promptly and responsively in submitting names as required. Except for those persons or entities already identified, the A/E Firm, as soon as practicable after the execution of this Agreement, must furnish in writing to the City the names of persons or entities (including those who are to furnish materials or equipment) proposed for each principal portion of the Work. The City may reply within 14 days to the A/E Firm in writing, stating (1) whether the City has reasonable objection to the proposed Subcontractor or (2) that the City requires additional time to review. Failure of the City to reply within the 14-day period constitutes notice of no reasonable objection. 5. COMMUNICATION 5.1. A/E Firm shall attend all bi-weekly meetings between the A/E Firm, its consultants, the City's representative(s), other consultants of the City, and Construction Contractor throughout the Project. 5.2. A/E Firm shall make presentations to the City's staff or the City Council upon request, and shall attend City Council Meetings when required by the City. 5.3. Before the A/E Firm begins performance of the Work, one or more meetings as requested by the City will be held to establish a working understanding among the parties. Procedures will be established for virtual and in -person meetings, operations coordination and administrative communication for matters such as design reviews, submittals, clarifications and interpretations; and for processing applications for payment. The Parties understand that this communication system may change after a Construction Contractor is selected. 5.4. At the first meeting, the A/E Firm must submit to the City for review a Design Services progress schedule and preliminary construction schedule. After execution of an Amendment, if any, A/E Firm must submit an updated design schedule and preliminary construction schedule. 5.5. Unless specified otherwise, the progress schedules must indicate the A/E Firm's planned progress in increments of not more than seven-day periods. The schedule will not exceed the time limits set forth in PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe a ra 1J1Ia 8th Avenue South Feder Y Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com the RFSOQ and RPM Master Schedule, Exhibit E, and will be subject to review and comment by the City and the schedule and any subsequent updates to it must be approved in writing by the City. The A/E Firm must prepare and submit revisions to match actual and projected progress as requested by the City, before and during the course of the Project, at no added cost to the City. The A/E Firm must adhere to the most recent,, City -approved version of the schedule. 6. SUBMITTALS 6.1. Design Plans, Shop Drawings, and other submittals must be prepared by a licensed professional. Design Plans, Shop Drawings, and other submittals related to the Work designed or certified by such professionals must bear such design professional's stamp and signature. The City is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals. 6.2. The A/E Firm must direct specific attention, in writing or on resubmitted Design Plans or other submittals such as Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the City on previous submittals. In the absence of such written notice, the City's approval of a resubmission will not apply to such revisions. 6.3. The A/E Firm shall ensure that all Design Plans for this project shall be prepared in accordance with the applicable Standard Specifications for Road, Bridge and Municipal Construction. 2023 edition. as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA). Washington State Chanter (hereafter "Standard S pec i fleati ons"). and the Washington State Building Code, and Title 13 of the Federal Way Revised Code as they will be in effect at the time permits are issued and construction begins, and all other legal and regulatory requirements pursuant to Section 13.3 of the Agreement, above. 7. PRELIMINARY ENGINEERING 7.1. The Preliminary Engineering phase may include review and validation of previous engineering, documents, concept development, alternatives analysis, and site reconnaissance to support preliminary engineering efforts as defined in the A/E Pricing Sheet. Preliminary Engineering may also include initiation of research, studies, and alternatives analysis deemed necessary to support concept design, as well as preparation of a proposed price and schedule. 7.2. The A/E Firm may, with advanced written approval from the City, perform limited demolition of walls and/or ceilings to determine existing conditions of the structure and equipment and to assess potential deficiencies. 7.3. During bi-weekly meetings the A/E Firm shall discuss and review the Scope of Work and provide any and all preliminary engineering updates for the Project, as determined by the A/E Firm, in consultation with the City and RPM, to be necessary to complete preliminary engineering for the Project. The A/E Firm shall not complete any technical analysis or evaluation without written approval from the City unless such analysis or evaluation is specifically authorized in the Scope of Work. 7.4. The A/E Firm shall be responsible for the professional quality and technical accuracy of all studies, report, projections, designs, drawings, specifications, and other services furnished by the A/E Firm under this Agreement as well as coordination with studies, reports and other information provided by the City. A/E Firm shall, without additional compensation, correct or revise any errors or omissions in its studies, reports, projections, design, drawings, specifications and other services throughout the Project. 7.5. Preliminary Engineering shall result in a written report, provided no later than 45 calendar days after the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Wa Sth Avenue South f � Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com City issues the Notice to Proceed, of the A/E Firm's findings and conclusions with the recommendations for correcting deficiencies for City review. 8. DESIGN PLAN DEVELOPMENT 8.1. The A/E Firm shall prepare and submit to the City for the City's written approval Design Plans no later than April 1, 2024, sufficient to construct the Project according to industry standards and applicable laws and regulations, including but not limited to Drawings and Specifications. Deviations, if any, from the Preliminary Engineering or any other materials previously provided must be disclosed in writing and are subject to the approval of City. 8.2. The A/E Firm shall work with RPM to assist the City in determining the phasing of the Project that will most efficiently and timely complete the Project, while maximizing continued access to patrons of the FWCC. This includes phasing the Project's construction and the inspection approval process so Incremental Approvals can be obtained during the completion of the Project. A/E Firm acknowledges that these phases may be reviewed and subject to change by RPM, in consultation with and with approval by the City. A/E Firm agrees to participate in any discussions regarding the phasing of the Project with RPM, the Construction Contractor and City to provide its subject matter expertise and guidance. 8.3. The A/E Firm shall provide interior design and other similar services required for or in connection with selection and color coordination of materials; interior design should harmonize with the existing color scheme throughout the building. A/E Firm shall present colors/materials for City approval at each documentation review as outlined in Section 8.4. A/E Firm is required to coordinate the design and placement, or schematic space allocation, of furniture, fixtures, equipment, including but not limited to mounted lockers, benches, vanities, sink faucets, shower mixing valves, shower fixtures, mirrors, swim suit dryers, mounted bathroom partitions, mounted shower partitions, and toilets (Project equipment). The A/E Firm will provide the City with a list of the specific Project equipment it recommends the City purchase and obtain for the Project and shall advise the City on lead times and availability of all Project equipment, materials, supplies, and furnishings to ensure that all of these will be available to the City in a timely fashion so as to not delay the Project and/or delay the City's beneficial occupancy of the Proj ect. 8.4. Development and review of the Design Plans including drawings, specifications and any required supplementals includes, at minimum, the following items: 8.4.a. 30%, Schematic Design level documentation to include drawings, draft specifications and cost estimate. Concept design at 30% is intended for review by the City and RPM to confirm design meets intent of the Project. 8.4.b. 85%, Design Development level documentation to include drawings, select interior renderings, specifications and a revised cost estimate, with comments from 30% design level incorporated into the design. Design at 85% is intended for review by the City and RPM prior to presentation to City Council for approval. Pending City Council approval, the 85% design submission will also serve as the final documentation for Permit submission. 8.4.c. 100% design; Pre -Construction Document level documentation to include drawings, select interior renderings, specifications and a final cost estimate, with comments form 85% design level incorporated in the design. 100% Design Plans will serve at the final documentation for Permit submission. Comments received during permit review will be addressed and this final package will serve as Bid Documents for the Project. 8.4.d. The A/E Firm will assist the City and RPM with development of the Project Manual and Request PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityof/ederalway com for Bid Documents to advertise the Project for bid. 8.4.e. An updated schedule, including proposed design milestones; dates for receiving additional information from, or for work to be completed by, the City; anticipated date for the A/E Firm's Permitting Submittal; and dates of periodic design review sessions with the City. 8.4.f. Outline specifications or sufficient drawing notes describing construction materials. 8.4.g. Comprehensive written estimate of the cost to design and construct the Project based upon the current Design Development documents. Such written estimates must be submitted with the respective Design Development documents. 8.4.h. Design plans will be developed using AutoCAD 3D renderings to complete visuals for Public facing documentation and marketing, as well as 2D plans for Design Plans. 100% plan submittals will be in electronic and hardcopy format. 8.4.i. The Design Plans must establish the quality levels of materials required. The Design Plans must be consistent with the A/E Firms Documents, including but not limited to the Scope of Work, and Preliminary Engineering, unless otherwise disclosed in writing, and must include all items necessary for the proper execution and completion of the Work. 8.4 j. The A/E Firm shall submit completed draft Design Plans to the City for the City's review and approval. If the City discovers any deviations between the draft Design Plans and the A/E Firms Documents not previously disclosed by A/E Firm, the City will promptly notify the A/E Firm of such deviations in writing. Unless the City issues a directive specifically identifying the particular deviation and City's agreement with such deviation, the A/E Firm must correct the deviation and resubmit the draft final Design Plans. Acceptance of the Design Documents will not constitute the City's acceptance of a deviation unless the deviation is specifically identified by the A/E Firm. 8.4.k. Before completion of the draft Design Plans for the Project, the City, RPM, A/E Firm and its Designer will perform an internal review of the draft Design Plans, the A/E Finn's schedule and any critical issues relating to scope, quality, or budget. In addition to delivering to City copies of the Design Plans for the Project, including but not limited to Drawings and Specifications, A/E Firm and its Designer will make reasonable efforts to demonstrate to the City the scope and quality aspects of the design. 8.4.1. At the completion of the City's, RPM's, A/E Firm's, and its Designer's Design Plans review, the City will provide the results of its review of the Design Plans, including any revisions thereto made during the internal review. 8.4.m. Review or approval by City or its agents of Design Plans shall not relieve A/E Firm to the extent of its liability for any damages resulting from or arising out of professional errors or omissions in the Design Plans, except where City expressly directs such defective or deficient design and A/E Firm delivers to City its written objection thereto. Upon the City's written approval of Design Plans, the A/E Firm, with the assistance of the City, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 8.4.n. If required by City, the A/E Firm shall obtain from each of the A/E Firm's professionals and furnish to the City certifications with respect to the documents and services provided by such professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Scope of Work set forth in the Design -Bid -Build Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Design Project in effect at the time of the applicable permit; and (b) that the City and its consultants are entitled to rely upon the accuracy of the representations and statements contained in such certifications. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www atyoffederalway com 9. PERMITS 9.1. Unless otherwise provided in this exhibit, the A/E Firm shall assist the City in applying for and securing for any and all permits, fees, licenses, inspections, and agreements by governmental agencies or other entities, necessary for proper execution of the Work and Substantial Completion of the Project, including but not limited to mechanical, plumbing, electrical, and similar special permits, plan check fees, system development charges, and all other necessary permits, approvals, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 9.2. The A/E Firm shall secure preliminary agency approvals and notify the City in writing as to the action the City must take to secure formal approvals. 9.3. After City review, the A/E Firm shall submit to federal, state, and local units of government all calculations and other documentation required for obtaining permits. During review by units of government or other entities, the A/E Firm shall notify the City of proposed deviations from the original permit documentation. 9.4. The A/E Firm shall submit to the City, for review, all calculations and other documentation required for purposes of obtaining permits. 9.5. The City shall pay costs and charges imposed for any and all permits issued for the Project. 9.6. The A/E Firm shall give all notices necessary for permit -related inspections by third parties. 9.7. The A/E Firm shall submit to the City a legible copy of agreements, permits, certificates of approval, and certificates of occupancy issued by the responsible unit of government. 10. BID SUPPORT 10.1. A/E Firm shall assist the City and RPM in preparing all the necessary bidding information and bidding forms required for the City to perform a public call for bids for the Project. 10.2. AB Firm will work with City and RPM in reviewing RFI's and preparing responses to prospective bidders and providing clarifications and interpretations of RFB Documents to prospective bidders in the form of addenda for the City's use. 10.3. The A/E Firm shall prepare and sign all written Addendums to incorporate any necessary changes into the City's approved RFB Documents prior to the award of the Project. The A/E Firm shall work with RPM in distributing all Addendums to each bidder that has obtained a set of the City's approved RFB Documents. During the bidding period of the Project, A/E Firm shall process all questions presented to the City concerning the intent of the RFB Documents. In the event that items requiring interpretation of the Drawings or Specifications are discovered during the bidding period, those items shall be analyzed by the A/E Firm for decision by the City as to the proper procedure required. Corrective action will be in the form of an Addendum(a) prepared by the A/E Firm and issued by the City. The A/E Firm shall ensure that all Addendums are submitted to and approved by the City prior to certification of the Project. 10.4. A/E Firm shall attend pre -bid conference for all prospective bidders 10.5. A/E Firm shall attend bid opening at the City's request. 10.6. Upon completion of the Bidding & Award Phase, A/E Firm shall produce a Conforming Set of PDF plans and specifications incorporating all Addenda issued thus far. In addition to the PDF versions, A/E Firm shall provide one (1) electronic set of plans in the latest version of AutoCAD and one (1) electronic copy of the conforming specifications in Microsoft Word. PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF CITY HALL ,4**Federal 1llla Feder 8th Avenue South Federal Way, WA 98003-6325 �.� (253) 835-7000 www dtyoffederalway com 11. CONSTRUCTION PHASE 11.1. The A/E Firm shall provide technical review and advisement to RPM and Project Inspector employed by, and responsible to, the City, as required by applicable law. 11.2. The A/E Firm shall meet with the City and any other necessary individuals or entities as needed through the completion of the Project to review questions and/or ensure progress, quality, and adherence to Design Plans. 11.3. The A/E Firm shall review the as -built documents prepared by the Construction Contractor on a monthly basis and report whether they appear to be up to date, based upon the A/E Firms observations of the Project. If it appears the as -built documents are not being kept up to date by the Construction Contractor, the A/E Firm shall provide to the City written recommendations that the City may consider for a withholding from the Construction Contractor's monthly payment application or other appropriate action to account for the Construction Contractor's failure to maintain such as -built documents. 11.4. The A/E Firm shall provide general administration of the Design Plans and visit the Project site to maintain such personal contact with the Project as is necessary for the A/E Firm to ensure that the Construction Contractor's work is completed, in every material respect, in compliance with the approved Design Plans, including but not limited to, the following: 11.4.a. Visiting the Project site not less than once a month or as necessary or requested by the City to appropriately observe work being completed to determine whether it does or does not comply with the approved Design Plans; 11.4.b. Reviewing the Inspector's Daily Reports not less once a week or as necessary to appropriately observe work being completed to determine whether it does or does not comply with the approved Design Plans; 11.4.c. Becoming familiar with, and to keep RPM informed about, the progress and quality of the portion(s) of the work completed; 11.4.d. Becoming familiar with, and to keep RPM and Project Inspector informed about, the progress and quality of the portion(s) of the work completed; 11.4.e. Endeavoring to guard against nonconforming work and deficiencies in the work; 11.4.f. Determining if the work is being performed in a manner indicating that the work, when fully completed, will be in accordance with the approved Design Plans; 11.4.g. Being otherwise available to the City, RPM, Construction Contractor, and the Project Inspector for site meetings on an "as -needed" basis; 11.4.h. Reviewing schedules and Shop Drawings for compliance with design; 11.4.i. Approving any substitution of materials and equipment subject to City's knowledge and specific approval to ensure conformance with City standards; 11.4 j. Consulting with RPM to complete the "Punch List" observations when the Project reaches Substantial Completion; and 11.41. Recommending the date of Substantial Completion and the Date of Final completion of the Project for the City's final determination: 11.5. The A/E Firm shall advise the City of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the Project. 12. ACCESS TO RECORDS — FILES; CONFIDENTIAL INFORMATION. 12.1. A/E Firm shall maintain all books, documents, papers and records relating to the Agreement, including job cost estimates, job cost detail reports, and job cost summary reports, for at least ten (10) PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 4! Federal Wa 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 www cifyofiederahvay com years following Substantial Completion of the Design Project. A/E Firm shall maintain any other records pertinent to this Agreement in such a manner as to clearly document A/E Firm's performance. City, state, and federal government, and their duly authorized representatives, shall have access to the books, documents, papers, and records of the A/E Firm which are directly pertinent to the specific Agreement for the purpose of making audits, examinations, excerpts, and transcripts. A/E Firm agrees that all files or other documents generated or in the possession of A/E Firm related to A/E Firm's delivery of service are the property of the City and shall be available to the City upon request. A/E Firm understands the nature of project/projects means that A/E Firm may be privy to information that is confidential, proprietary, or sensitive in nature, which information shall not be disclosed to any third person or entity without the consent of the City at the City's direction, either during the term of this Agreement or after its termination. Likewise, any analysis or commentary provided by A/E Firm of a confidential or sensitive nature shall not be released or disclosed to any person without the consent or direction of the City. Additionally, the City and A&E Firm acknowledge that any and all information, documentation, or other records, regardless of form, relating to this Agreement and the Design Project may be public records subject to disclosure under the Washington State Public Records Act, Ch. 42.56 RCW. 12.2. The A/E Firm shall require all insurers, material suppliers, and Subcontractors (including but not limited to Designers) at any tier to comply with these requirements. 12.3. The A/E Firm shall be entitled to no extra compensation for complying with these requirements. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederal way. com EXHIBIT C COMPENSATION I . Total Compensation: In return for the Services, the City shall pay the A/E Firm an amount not to exceed Two Hundred Thirty -Two Thousand Three Hundred Sixty -Five and 00/100 Dollars ($232,365.00). 2. Method of Compensation: Hourly rate In consideration of the A/E Firm performing the Services, the City agrees to pay the A/E Firm an amount calculated on the basis of the hourly labor charge rate schedule for A/E Firm's personnel as shown below: INNOVA Principal $246/per hour INNOVA Senior Project Architect $178/per hour INNOVA Project Engineer -Structural $184/per hour Engineer 1 (PE) - Electrical $160/per hour Interior Designer $178/per hour Electrical Designer 1 $102/per hour Drafter — Electrical & Architectural $80/per hour Clerical $65/per hour Mechanical Project Manager $165/per hour Mechanical Engineer $150/per hour Mechanical Designer $110/per hour Mechanical Administrative $75/per hour Haz-Mat CSP, CHMM $150/per hour Haz-Mat AHERA Building Inspector $105/per hour Haz-Mat Administration $95/per hour ProDims — Senior Estimator $234/per hour PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Wa 8th Avenue South � Federal Way, WA 98003-6325 (253) 835-7000 avvvw cityoffedereiway. corn Following is the anticipated number of hours for each personnel member as provided by the A/E Firm: Task Descriotion L 7 t io a C c 'C a a i aLUu O L a L �n a L C 00 C L v i+ c a Vf'i y N 40 pp a► •o L a a Gl W LU CL a► c_ BOO c W a _Y C W LID f0 V V w u Z5 a W o O O O O 2 Z Z Z Z Z Z Z L 0 C y a V u C W U C 00 C u C E t d �% u m N u a Q C C M _ 3 m ccLU x a c 0 C M L r E W L N 7 O x Y E x x C 4- o 0 a N W x CD r4 ko W W W W 0 00 W LD Ln Ln CD O ^ Ln 0 Ol Cn N N ei 11 1- 1 to tom/? th to iA iA i? i/? L? ih t4 Task 1 Site Visits Total 2 60 0 40 4 24 0 0 12 12 4 0 24 6 1 4 0 192 Review As-Builts 4 4 6 14 Meetings/Coordination (5) 12 4 10 26 (2) Site Visits to Review Existing Conditions 12 12 8 4 12 4 52 Project management/coordination 2 16 4 4 26 Field investigation - asbestos 4 4 Field investigation - lead paint & universal waste 4 4 Field investigation - microbial and moisture intrusion 4 4 Field drawings and sample locations 2 2 Short Form letter Report of findings and recommendations 16 ON 16 4 8 12 4 60 esign Total 730Y. 6 270 24 2 10 50 221 21 63 62 84 3 16 0 10 98 940ign 2 1 1 4 PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF CITY HALL Federal Via Feder 8th Avenue South �� Federal Way, WA 98003-6325 (253) 835-7000 www cVoffederahvay. com Prepare Lighting Floor plans 4 2 6 Prepare Lighting Photometrics for DOH Review 2 2 Prepare Power Signal Floor plans 4 2 6 Prepare Existing Power Riser Diagram 5 3 8 Prepare Existing Panel Schedules 3 2 5 Prepare Mech Equip Connection Schedules 1 1 2 Prepare Electrical Demolition Plans 4 2 6 Prepare Division 26 Specifications 4 8 12 Cost Estimating 2 2 22 26 (1) Review meeting w/ owner 2 2 2 2 8 30% Drawings Mech/Arch 50 1 0 1 1 60 1 8 16 30 1 164 2 0 2 4 Review cost estimate Fire protection review 4 4 30% Abreviated Performance Specifications 16 16 Project management/coordination 2 24 Interior Design Color Selections 8 85% design 4 1 1 6 Circuit Lighting Floor plans & Controls 2 2 4 Circuit Power Signal Floor plans 2 2 4 Prepare Preliminary Load Calcualations 3 1 4 Circuit Mech Equip Connection Schedules 1 1 2 Edit/Update Division 26 Specifications 4 6 10 Cost Estimating 1 1 32 34 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www ciiyoffederatway com Project management/coordination Asbestos specification section Lead in construction specification section Light ballasts and tubes specification section Microbial remediation specification section Abatement drawing 2 24 4 30 4 1 5 1 2 1 3 2 1 3 1 1 4 1 1 1 5 6 1 6 F(l) Review meeting w/ owner 2 2 4 85% Drawings Arch and I Mech 50 60 1 1 8 16 1 30 1 1 164 85% Abreviated Performance Specifications 24 8 32 I Permit forms 8 8 Permitting Coordination (City, DOH) Review cost estimate 2 2 Fire protection review 4 4 Interior color Board 3-D Renderings locker rooms and family cabana 12 12 24 1 40 100% design 1 1 4 1 1 1 1 6 Finalize Lighting Floor plans & Controls 2 1 3 Finalize Power Signal Floor plans 1 1 2 1 11 3 Finalize Load Calculations I 1 2 Finalize Division 26 Specifications 2 3 5 Cost Estimating 1 1 36 38 (1) Review meeting w/ owner 2 2 4 100% Drawings 30 1 1 1 40 8 16 24 1 1 118 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of L Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 100% Abreviated Performance Specifications 8 4 12 Review cost estimate 2 2 Fire protection review & specifications 4 4 Cost Estimating (Permits Issued) 8 8 Project Management and Coordination 2 16 18 Interior Design Colors Finalize Permitting and CA 8 154 4 0 0 24 38 0 0 70 60 10 6 0 0 0 0 4 380 Permitting Allowance of time 48 24 24 96 Bid Support 2 8 10 Admin 2 6 6 14 General CA Support (4-6 months) 2 24 8 48 12 94 Respond to RFI's 24 4 1 28 Review Submittals and Shop Drawings 16 8 24 (2) Site Visits During Construction 16 16 16 48 By -Weekly Virtual Construction Meetings 12 10 4 12 38 (1) Punchlist site visit 4 4 8 (1) Backcheck site visit 4 4 8 As -built documents 4 8 8 20 Fire protection review 4 4 Council Meeting Attendance 6 6 12 Reimbursable Expenses The actual customary and incidental expenses incurred by A/E Firm in performing the Services including asbestos sample analysis, lead paint sample analysis, bioaerosol analysis, mileage reimbursement, and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Two Thousand Six Hundred Ninety -Six and 00/100 Dollars ($2,696.00). Following is the anticipated reimbursables costs associated with this Agreement: PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Wa Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Asbestos sample analysis (Medtox) $576.00 Lead paint sample analysis (Medtox) $120.00 Bioaerosol sample analysis (Medtox) j I 1 $650.00 Sampling equipment (Medtox) $150.00 Mileage Reimbursement $1,200.00 Permits Any and all permits shall be obtained and paid for consistent with paragraph 9.6 of Exhibit B. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way EXHIBIT D PROJECT REFERENCE MAPS Project includes areas highlighted in blue: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www-cityoffederalway.com j � J i ! i PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. rlryoffederahaay. com EXHIBIT E RPM MASTER SCHEDULE PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 l0 Task jTask Name Duration (Start (Finish (Predecessors 1 1 2 3 4 1% 1, W, or, RPM PSA to Council RPM - Issue NTP RPM - Project Management City Council Updates 2 days 0 days 419 days 423 days Wed 8/2/23 Thu 8/3/23 Fri 8/4/23 Tue 9/12/23 Thu 8/3/23 Thu 8/3/23 Tue 4/8/25 Tue 5120/25 1 2' 2 3 4 5 5 Parks Cmte Update 1 day Tue 9/12/23 Tue 9/12/23 6 6 7 City Council - Approval to Award Design Contract City Council Update 1 day 1 day Tue 12/5/23 Tue 1/2/24 Tue 12/5/23 Tue 1/2/24 37 7 8 8 City Council - Seek Approval 85% Design 1 day Thu 3/7/24 Thu 3/7/24 42 9_ 9 Jr City Council - Seek Approval to Go to Ad 1 day Tue 3/19/24 Tue 3/19/24 10 10 11 12 >r City Council Update City Council Update City Council - Approval to Award Const Contract 1 day 1 day 1 day Tue 4/2/24 Tue 5/7/24 Tue 6/4/24 Tue 4/2/24 Tue 5/7/24 Tue 6/4/24 53 11 12 91 13 14 City Council Update City Council Update 1 day 1 day Tue 7/9/24 Tue 8/6/24 Tue 7/9/24 Tue 8/6/24 14 15 15 16 17 18 19 20 21 22 2 3 Jr J- r )r 7r )r City Council Update City Council Update City Council Update City Council Update City Council Update City Council Update City Council Update City Council Update City Council - Project Acceptance Pre -Design Phase 1 day 1 day 1 day 1 day 1 day 1 day 1 day 1 day 1 day 81 days Tue 9/3/24 Tue 10/1/24 Tue 11/5/24 Tue 12/3/24 Tue 1/14/25 Tue 2/4/25 Tue 3/4/25 Tue 4/1/25 Tue 5/20/25 Fri 8/4/23 Tue 9/3/24 Tue 10/1/24 Tue 11/5/24 Tue 12/3/24 Tue 1/14/25 Tue 2/4/25 .Tue 3/4/25 Tue 4/1/25 Tue 5/20/25 Thu 11/30/23 63 2 16 17 18 19 20 21 22 23 24 33 33 34 35 w, w, W. Develop RFQ - Design Team Develop RFQ RFQto City Staff/Legal Review/Notify Local Paper 72 days 21 days 13 days Fri 8/4/23 Fri 8/4/23 Tue 9/5/23 Wed 11/15/23 Fri 9/1/23 Thu 9/21/23 2 34 34 35 36 36 37 w, w, RFQ -Advertisement Period SOQ Evaluations/Recommend Design 19 days 19 days Fri 9/22/23 Thu 10/19/23 Wed 10/18/23 Wed 11/15/23 35 36 37 38 w, Team/Negotiate Contract Design Phase 140 days Wed 12/6/23 Tue 6/25/24 38 39 39 W, Design Consultant - Issue NTP 4 days Wed 12/6/23 Mon 12/11/23 6 40 40 w, 30% Design Development 39 days Tue 12/12/23 Tue 2/6/24 39 41 41 w, 30% Design Review/Comment - FW Staff 5 days Wed 2/7/24 Tue 2/13/24 40 42 42 w, 85% Design Development 15 days Wed 2/14/24 Wed 3/6/24 41 43 43 E., 85% Design Review/Comment - FW Staff 5 days Thu 3/7/24 Wed 3/13/24 42 44 44 OP, 100% Design Development 15 days Thu 3/14/24 Wed 4/3/24 43 3rd Quarter 4th Quarter 1st Tarter 12nd Quarter 13rd Quarter I4th Quartelr_ 1st uarter 2nd Quarter 3rd Q Jul. F?�+9 Sep Ocr IN-.1 Qom, Jan Feb I Mar, Apr May_ 1un , Jul I puy Sep _ OG i Novj D. Jan Feb Mar r Ma Jun Jul I E E r 1 Task �� Project Summary 0�"`""- 9 Manual Task Start -only C Deadline i Project: FWCC Renovation - Ma Split Inactive Task Duration -only Finish -only ] Progress Date: Tue 11/28/23 Milestone A Inactive Milestone Manual Summary Rollup External Tasks Manual Progress Summary r1 Inactive Summary 0 I Manual Summary i1 External Milestone Page 1 45 46 51 52 56 57 5e 59 60 61 62 63 64 ssif ASk Name Duration 5mri Ffni5h I f Predecessors 3�p Er 100% Design Review/Comment - FW Staff/Legal 5 days Thu 4/4/24 Wed 4/10/24 44 Permitting 77 days Thu 3/7/24 Tue 6/25/24 Submit Permit Applications 1 day Thu 3/7/24 Thu 3/7/24 42 City Staff Review - Permit Applications 76 days Fri 3/8/24 Tue 6/25/24 47 Permits Issued 0 days Tue 6/25/24 Tue 6/25/24 48 Procurement Phase 84 days Thu 3/14/24 Fri 7/12/24 �i Develop RFB 20 days Thu 3/14/24 Wed 4/10/24 44SS RFB - Notify Local Paper 5 days Thu 4/11/24 Wed 4/17/24 51,45 �a RFB - Advertisement Period 34 days Thu 4/18/24 Wed 6/5/24 52 �a Review Bids/Perform Due Diligence 25 days Thu 6/6/24 Fri 7/12/24 53 Construction Phase 213 days Mon 7/15/24 Mon 5119/25 �3 Contractor - NTP 1 day Mon 7/15/24 Mon 7/15/24 49,12,54 �a Mobilization/Prepare Submittals 40 days Tue 7/16/24 Tue 9/10/24 56 �a Construction Phase 1- Women's Restroom 50 days Wed 9/11/24 Wed 11/20/24 57 Construction Phase 2 - Men's Restroom 50 days Thu 11/21/24 Wed 2/5/25 58 Construction Phase 3 - Cabanas 50 days Thu 2/6/25 Thu 4/17/25 59 Substantial Completion 0 days Thu 4/17/25 Thu 4/17/25 60 Complete Punchlist 22 days Fri 4/18/25 Mon 5/19/25 61 Final Completion - Issue C of 0 0 days Mon 5/19/25 Mon 5/19/25 62 Closeout 25 days Wed 5/21/25 Wed 6/25/25 23 4thp� i N v�r1s[ Quake 2nd Quarter 3rd p�ua4R�er 4th puarter 115[ Quarter I2nd puaer 13rd D lan F Mar ul I Oct I Nw I ❑ec J Jan I Feb Mar _ Apr Ma Jun . lul Task MONEEMENEEPT Project Summary B ID`V Manual Task pomw-- -1 Start -only C Deadline i Project: FWCC Renovation - Ma Split............ ...—, Inactive Task Duration -only Finish -only 3 Progress Date: Tue 11/28/23 Milestone A Inactive Milestone Manual Summary Rollup External Tasks -": i ' Manual Progress • Summary I-1 Inactive Summary II 0 Manual Summary External Milestone <` Page 2 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com EXHIBIT F CERTIFICATE OF INSURANCE PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 JNOARC-01 '4�aRo CERTIFICATE OF LIABILITY INSURANCE I DATE 121812/8/2DIYYYY) 023 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: Pilkey, Hopping & Ekberg, Inc I PHONE — — — 2102 N Pearl St, Ste 102 twC, Ha,.eqL(253) 756-2000 FAX No):(253) 756-5336 Tacoma, WA 98406 off"I s insurance�surance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED Innova Architects, Inc. Paul McCormick 950 Pacific Ave, Ste. 450 Tacoma, WA 98402 1 INSURER A: Ohio Security. Company INSURER B: Ohio Casualty Insurance Co INSURER C : _ INSURER D : INSURER E : I INSURER F : 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. ISR ADDL SUER POLICY EFF POLICY EXP TR TYPE OF INSURANCE _,.INgD, vivo„ POLICY NUMBER __IMAVDD1YYyYl` IMMJDQ=J LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 2,000,0 CLAIMS -MADE X OCCUR BZS55722828 8/26/2023 8/26/2024 DAMAGE TO RENTED X PRFMISFR fFa ommr v $ {I GEN'LAGGREGATE LIMIT APPLIES PER: j X 1 POLICY j n LOC I 1 OTHER: A AUTOMOBILE LIABILITY ANY AUTO _ _ X OWNED SCHEDULED AUTOS ONLY AUTO{.Sy X AUTOS ONLY x. AS7TOS U: B UMBRELLA LIAB X OCCUR X EXCESS LIAB CLAIMS -MADE X DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 4FRCER llE(n NH) EXCLUDED? [� N / A rtda 0 If yes, describe under DESCRIPTION OF OPERATJONS below I MED EXP (Any one arson S 15,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRnni ir.Tc _ rnnnwnP nrr. a 4,000,000 IBZS55722828 8/26/2023 8/26/2024 BODILY INJURY (Perperson), $ 1 BODILY INJURY Peraccident $ PROP �MAGE $ EACH OCCURRENCE $ IES055722828 8/26/2023 8/26/2024 AGGREGATE $ PER OTH- SIALL_IT2—L—, _ EB E L EACH ACCIDENT E.L DISEASE - EA EMPLOY $ E.L DISEASE -POLICY LIMIT. $ N OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Office 1,000, Project: # 23041 Federal Way Community Center City of Federal Way is listed as Additional insured with primary non-contributory per BP7996 09/16; Additional insured w/ completed ops per BP1402 07/13; Additional insured w/ ongoing ops per BP045007/13. 30 days' notice of cancellation will be issued, and 10 days in case of non-payment. City of Federal Way 33325 8th Ave South Federal Way, WA 98466 ACORD 25 (2016/03) CANCELLATION 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 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II — Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension — Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension — Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 08/31/2022 65226536 irahetat HC Insured Copy B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions — Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permission of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions — Applicable To Business Liability Coverage — Professional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first -aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 08/31/2022 65226536 irahetat HC Insured Copy 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declarations, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C. Who Is An Insured Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 08/31/2022 65226536 irahetat HC Insured Copy No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph DA. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the 'locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, 'location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the 'occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit' is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. I. Section F. Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. 'Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 08/31/2022 65226536 irahetat HC Insured Copy That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph IF. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; BP 79 96 09 16 © 2016 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 08/31/2022 65226536 irahetat HC Insured Copy POLICY NUMBER: BUSINESSOWNERS BP 04 97 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person Or Organization: I Any person or organization with whom "You" have engaged in a written contract or agreement that requires a Waiver of Transfer of Rights of Recovery Against Others to Us. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 01 06 © ISO Properties, Inc., 2004 08/31/2022 65226536 irahetat HC Insured Copy Page 1 of 1 CIT Fe d e ra [ Way CITY HALL 33325 8th Avenue South � Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway.com EXHIBIT G SPECIAL PROVISIONS INTRODUCTION TO THE SPECIAL PROVISIONS (December 10, 2020 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications"). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project -specific fill-ins; and project -specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project -specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (April 12, 2018 CFW GSP) Also incorporated into the Contract Documents by reference are: • Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications") ■ The Washington State Building Code • Title 13 of the Federal Way Revised Code Contractor shall obtain copies of these publications, at Contractor's own expense. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fed a ra l Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com DIVISION 1 GENERAL REQUIREMENTS DESCRIPTION OF WORK (March 13, 1995 WSDOT GSP) This Contract provides for the improvement of the Federal Way Community Center Locker Room Renovations and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 1-01.3 Definitions (January 19, 2022APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms "Department of Transportation", "Washington State Transportation Commission", "Commission", "Secretary of Transportation", "Secretary", "Headquarters", and "State Treasurer" shall PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Aw* . Federal INay Feder Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com be revised to read "Contracting Agency." All references to the terms "State" or "state" shall be revised to read "Contracting Agency" unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location." All references to "final contract voucher certification" shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond The definition in the Standard Specifications for "Contract Bond" applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents See definition for "Contract." Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic Both vehicular and non -vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 44 4 CITY OF Federal traffic. CITY HALL ,Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com 1-02.1 Prc ualification of Bidders Delete this Section and replace it with the following: 1-02.1 Oualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works Contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. 1-02.2 Plans and Specifications (June 27, 2011 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work. After award of the Contract, Plans and specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor No. of Sets Basis of Distribution Reduced Plans (I I" x 17") 1 Furnished automatically upon award. Contract Provisions 1 Furnished automatically upon award. Large Plans (e.g., 22" x 34") 1 Furnished only upon request. Additional Plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor's own expense. 1-02.4 Examination of Plans,,Suecifieations, and Site Work (June 27, 2011 APWA GSP) 1-02.4(1) General (December 30, 2022 APWA GSP, Option B) The first sentence of the ninth paragraph, beginning with "Prospective Bidder desiring...", is revised to read: Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by close of business three (3) business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids. 1-02.5 Proposal Forms (July 31, 2017APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Wa Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's UBDE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified. 1-02.6 Preparation of Prowsal (June 4, 2020 WSDOT GSP, OPTION9) Item number 1 in the fifth paragraph of Section 1-02.6 is revised to read: 1. Subcontractors who will perform the work of structural steel installation, rebar installation, heating, ventilation, air conditioning and plumbing as described in RCW 18.106 and electrical as described in RCW 19.28, and Add the following new section: 1-02.6(1) Recycled Materials Proposal (January 4, 2016APWA GSP) The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions. 1-02.7 Bid Deposit (March 8, 2013 APWA GSP) Supplement this section with the following: Bid bonds shall contain the following: 1. Contracting Agency -assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety's officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 1-02.10 Withdrawing, Revising, or Supplementing Proposal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if- 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. If the Bidder's request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn. Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement.a Bid Proposal are not acceptable. 1-02.13 irregular Proposals (December 30, 2022 APWA GSP) Delete this section and replace it with the following: A Proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The authorized Proposal form furnished by the Contracting Agency is not used or is altered; C. The completed Proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271-015), if applicable, as required in Section 1-02.6; h. The Bidder fails to submit or properly complete an Disadvantaged Business Enterprise Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6; i. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder's completed DBE Utilization Certification that they are in agreement with the bidder's DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; j The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY ❑F .. Federal Allay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award was made; k. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; 1. The Bidder fails to submit DBE Trucking Credit Forms, if applicable, as required in Section 1- 02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; in. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or n. More than one Proposal is submitted for the same project from a Bidder under the same or different names. 2. A Proposal may be considered irregular and may be rejected i£ a. The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; C. Receipt of Addenda is not acknowledged; d. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or e. If Proposal form entries are not made in ink. 1-02.14 Disqualification of Bidders (May 17, 2018 APWA GSP, OPTION B) Delete this section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended; or does not meet Supplemental Criteria 1-7 listed in this Section. Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1), and Supplemental Criteria 1-2. Evidence that the Bidder meets Supplemental Criteria 3-7 shall be provided by the Bidder as stated later in this Section. 1. Delinquent State Taxes A. Criterion: The Bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder does not owe delinquent taxes to the Washington State Department of Revenue, or if delinquent taxes are owed to the Washington State Department of Revenue, the Bidder must submit a written payment plan approved by the Department of Revenue, to the Contracting Agency by the deadline listed below. 2. Federal Debarment A. Criterion: The Bidder shall not currently be debarred or suspended by the Federal PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 14SCITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederahvay com government. B. Documentation: The Bidder shall not be listed as having an "active exclusion" on the U.S. government's "System for Award Management" database (www.sam.gov). 3. Subcontractor Responsibility A. Criterion: The Bidder's standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the Bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The Bidder's subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with whom it contracts are also "responsible" subcontractors as defined by RCW 39.06.020. B. Documentation: The Bidder, if and when required as detailed below, shall submit a copy of its standard subcontract form for review by the Contracting Agency, and a written description of its procedure for validating the responsibility of subcontractors with which it contracts. 4. Claims Against Retainage and Bonds A. Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects in the three years prior to the bid submittal date, that demonstrate a lack of effective management by the Bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall submit a list of the public works projects completed in the three years prior to the bid submittal date that have had claims against retainage and bonds and include for each project the following information: • Name of project • The owner and contact information for the owner; • A list of claims filed against the retainage and/or payment bond for any of the projects listed; • A written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. 5. Public Bidding Crime A. Criterion: The Bidder and/or its owners shall not have been convicted of a crime involving bidding on a public works contract in the five years prior to the bid submittal date. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder and/or its owners have not been convicted of a crime involving bidding on a public works contract. 6. Termination for Cause / Termination for Default A. Criterion: The Bidder shall not have had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date, PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of +� CITY HALL Fe d e ra I Y Y �y 33325 8th Avenue South Feder � Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date; or if Bidder was terminated, describe the circumstances. . 7. Lawsuits A. Criterion: The Bidder shall not have lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, or shall submit a list of all lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date, along with a written explanation of the circumstances surrounding each such lawsuit. The Contracting Agency shall evaluate these explanations to determine whether the lawsuits demonstrate a pattern of failing to meet of terms of construction related contracts As evidence that the Bidder meets the Supplemental Criteria stated above, the apparent low Bidder must submit to the Contracting Agency by 12:00 P.M. (noon) of the second business day following the bid submittal deadline, a written statement verifying that the Bidder meets the supplemental criteria together with supporting documentation (sufficient in the sole judgment of the Contracting Agency) demonstrating compliance with the Supplemental Criteria. The Contracting Agency reserves the right to request further documentation as needed from the low Bidder and documentation from other Bidders as well to assess Bidder responsibility and compliance with all bidder responsibility criteria. The Contracting Agency also reserves the right to obtain information from third -parties and independent sources of information concerning a Bidder's compliance with the mandatory and supplemental criteria, and to use that information in their evaluation. The Contracting Agency may consider mitigating factors in determining whether the Bidder complies with the requirements of the supplemental criteria. The basis for evaluation of Bidder compliance with these mandatory and supplemental criteria shall include any documents or facts obtained by Contracting Agency (whether from the Bidder or third parties) including but not limited to: (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Contracting Agency from others for whom the Bidder has worked, or other public agencies or private enterprises; and (iii) any additional information obtained by the Contracting Agency which is believed to be relevant to the matter. If the Contracting Agency determines the Bidder does not meet the bidder responsibility criteria above and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 ,sSCITY of ,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway com determination within two (2) business days of the Contracting Agency's determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency's final determination. Request to Change Supplemental Bidder Responsibility Criteria Prior To Bid: Bidders with concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility Criteria may make or submit requests to the Contracting Agency to modify the criteria. Such requests shall be in writing, describe the nature of the concerns, and propose specific modifications to the criteria. Bidders shall submit such requests to the Contracting Agency no later than five (5) business days prior to the bid submittal deadline and address the request to the Project Engineer or such other person designated by the Contracting Agency in the Bid Documents. 1-03.1 Consideration of Bids (December 30, 2022 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder's unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. 1-03.1(1) identical Bid Totals (December 30, 2022 APWA GSP) Revise this section to read: After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie -breaker will be the Bidder with an equal lowest bid, that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal. If those percentages are also exactly equal, then the tie -breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked "Winner" and the other(s) marked "unsuccessful." The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked "Winner" will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF ��. Federal 1-03.3 Execution of Contract (January 19, 2022APWA GSP) Revise this section to read: CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com Within 3 calendar days of Award date (not including Saturdays, Sundays, and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to the Contracting Agency. The Bidder shall send the contact information, including the full name, email address, and phone number, for the authorized signer and bonding agent to the Contracting Agency. Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within 10 calendar days after the award date, the successful bidder shall return the signed Contracting Agency -prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the ,Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency -furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 5 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency -furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). 1-03.7 Judicial Review (December 30, 2022 APWA GSP) Revise this section to read: All decision made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 1-04.2 Coordination of Contract Documents, PIans. SDeclal Provisions, Specifications, and Addenda (January 8, 2021 CFW GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Contract, 2. Change Orders, with those of a later date taking precedence of those of an earlier date, 3. Addenda, with those of a later date taking precedence of those of an earlier date, 4. Proposal Form, 5. Special Provisions, 6. Contract Plans, 7. Standard Specifications, PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Feda ra I Wa 33325 Avenue South f y Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederal way. com 8. Contracting Agency's Standard Plans or Details (if any), and 9. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes (January 19, 2022APWA GSP) The first two sentences of the last paragraph of Section 1-04.4 are deleted. I 1► :1 1 . 1:. 1-05.12 Final Acceptance (April 12, 2019 CFW GSP) Delete the third and fourth sentences in the first paragraph and replace it with the following: Final acceptance date of the work shall be the date the Federal Way City Council accepts the project as complete. Add the following new section. 1-05.12(1) One -Year Guarantee_ Period (March 8, 2013 APWA GSP) The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The Contractor shall start work to remedy any such defects within 7 calendar days of receiving Contracting Agency's written notice of a defect, and shall complete such work within the time stated in the Contracting Agency's notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the Contracting Agency's own forces or another contractor, In which case the cost of corrections shall be paid by the Contractor. In the event the Contractor does not accomplish corrections within the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. When corrections of defects are made, the Contractor shall then be responsible for correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by Contracting Agency. This guarantee is supplemental to and does not limit or affect the requirements that the Contractor's work comply with the requirements of the Contract or any other legal rights or remedies of the Contracting Agency. 1-05.15 Method of Serving Notices (December 30, 2022 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as a -mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 A4SCITY 4F Federal Way Add the following new section: 1-05.16 Water and Power (October], 2005 APWA GSP) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the Contract includes power and water as a pay item. 1-05.17 As -Built Survey and Record Drawings (March 22, 2023 CFW GSP) Section 1-05.17 is a new section: As -Built Survey After construction has been completed the Contractor shall perform an as -built survey and provide the information (including point files) in a format compatible with AutoCAD 2019 or later version file to the Engineer. The applicable tolerance limits for the as -built survey include, but are not limited to the following: Vertical Horizontal As -built sanitary & storm invert and f 0.01 foot f 0.01 foot grate elevations As -built monumentation f 0.001 foot ± 0.001 foot As -built waterlines, inverts, valves, ± 0.10 foot f 0.10 foot hydrants As -built ponds/swales/water features t 0.10 foot f 0.10 foot As -built buildings (fin. Floor elev.) t 0.01 foot f 0.10 foot As -built gas lines, power, TV, Tel, Com ± 0.10 foot f 0.10 foot As -built signs, signals, etc. N/A .f 0.10 foot This as -built survey shall consist of the following: • Survey of rim elevation, sump elevations, and invert elevations of all storm drainage structures installed, modified or left in place within the limits of this contract. Storm pipe diameter and material; drainage structure type, size, lid type (solid cover or grate, standard or heavy duty), and lid shape; model No. of CB water quality treatment inserts installed, flowline of open channel conveyance systems at 50-foot max. intervals, and retaining wall footing drains, including cleanouts. Survey of all monuments shown on the plans or discovered within the project limits. City of Federal Way Monument Record forms shall be completed by a Professional Land Surveyor and submitted to the Project Engineer for each monument. a Finished grade shots on all utility appurtenances within the limits of this contract, including, but not limited to vaults, handholes, valves, fire hydrants, water meters, junction boxes, signal poles, etc. Appurtenances with round covers should have one survey shot in the center of the manhole or valve cover, or at the center of the fire hydrant. Utility handholes and boxes shall have two shots on opposite corners of the cover. PROFESSIONAL SERVICES AGREEMENT Rev. 4/2023 CITY OF CITY HALL Federal ■ R ■� Feder 8th Avenue South y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com • Final curb elevations, with a minimum of 8 shots at each curb return. Also, final shots along all curb and gutter, block curb, integral curb and extruded curb installed in this contract (at flowline of the curbs). • Final elevations at the front and back of walk throughout the project limits. • Final wall elevations at the face and top of all walls installed in this contract. ■ Shots of all signs, trees, illumination and signal equipment installed as part of this contract. • Shots to delineate all channelization installed in this contract. Record Drawings Throughout construction, the Contractor shall be responsible for tracking all relevant field changes to the approved construction drawings. These changes shall be clearly identified in red ink in a comprehensive manner on one set of full size Plans. These Record Drawing shall be kept separate from other Plan sheets, and shall be clearly marked as Record Drawings. The Record Drawings shall be kept on site, and shall be available for review by the Contracting Agency at all times. The Contractor shall bring the Record Drawings to each progress meeting for review. Upon completion of construction, the Contractor shall submit to the City a clean set of marked -up drawings in electronic PDF format that are signed and certified by the Contractor or their surveyor. The Certification on each page of the record drawings shall state that said drawings are an accurate depiction of built conditions. City acceptance of the Record Drawings is one of the requirements for achieving Physical Completion. The certified Record Drawings shall, at a minimum, consist of the following: • Existing or abandoned utilities that were encountered during construction that were not shown on the approved construction drawings. Accurate locations of storm drainage (including invert elevations), sanitary sewer, water mains and other water appurtenances, structures, conduits, light standards, vaults, width of roadways, sidewalks, landscaping areas, channelization and pavement markings, etc. Record drawings shall reflect actual dimensions, arrangement, and materials used when different than shown in the Plans. As -built survey information shall be used to confirm information shown on record drawings. Changes made by Change Order or Field Directive Changes made by the Contractor as approved by the Engineer. Pothole information gathered by the Contractor. Payment "As -Built Survey and Record Drawings", lump sum. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 4S CITY OF AN Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com The lump sum contract price for "As -Built Survey and Record Drawings " shall be full pay for all labor, equipment, materials, and supervision utilized to perform the work specified, including any surveying, checking, correction of errors, preparation of record drawings, and coordination efforts. Payment will be made after AutoCad files and record drawings are submitted to and approved by the City. No partial payments will be made. Section 1-06 is supplemented with the following: Build America/Buy America (June 6, 2023, WSDOT GSP, OPTION 2(A)) General Requirements In accordance with Division Q Title IX — Build America, Buy America Act (BABA), of Public Law 117- 58 (Infrastructure Investment and Jobs Act), the following materials must be American -made: 1. All steel and iron used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. An article, material, or supply will be classified in one of three categories: 1) Steel and Iron, 2) Manufactured Product or 3) Construction Material. Only a single category will apply to an item and be subject to the requirements of the BABA requirements of that category. Some contract items are composed of multiple parts that may fall into different categories. Individual components will be categorized as a construction material, manufactured product, or steel and iron based on their composition when they arrive at the staging area or work site. When steel or iron are a component of a manufactured product or construction material, the steel and iron components will be subject to "Steel and Iron Requirements" of this Specification. Definitions 1. Construction material: Defined as any article, material, or supply brought to the construction site for incorporation into the final product. Construction materials include an article, material, or supply that is or consists primarily of: a. Non-ferrous metals; PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL = Fe d e ra I WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityotlederalway com b. Plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); c. Glass (including optic glass); d. Lumber; or e. Drywall. Construction Materials do not include items of primarily iron or steel; manufactured products; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. 2. Manufactured Product: A Manufactured product includes any item produced as a result of the manufacturing process. Items that consist of two or more of the listed construction materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. 3. Manufactured in the United States: A construction material will be considered as manufactured in the United States if all manufacturing processes have occurred in the United States. 4. Structural Steel: Defined as all structural steel products included in the project. 5. United States: To further define the coverage, a domestic product is a manufactured steel construction material that was produced in one of the 50 states, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. Steel and Iron Requirements Major quantities of steel and iron construction materials that are permanently incorporated into the project shall consist of American -made materials only. BABA requirements do not apply to temporary steel or iron items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the foreign material used does not exceed one -tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American -made material is defined as material having all manufacturing processes occurring domestically. If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does not conform to the BABA requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the BABA requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fed a ra Y a 33325 Avenue South Y Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Manufacturing begins with the initial melting and mixing and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, BABA requirements do not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron ore processed, pelletized, and reduced iron ore. The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products: a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for all items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The Contractor will riot receive payment until the certification is received by the Engineer. The certification shall be on WSDOT Form 350-109 provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as WSDOT Form 350-109. Manufactured Products Due to a nationwide waiver, BABA requirements do not apply to manufactured products. Manufactured products that contain steel and iron, regardless of a nationwide waiver, will follow "Steel and Iron Requirements" of this Specification. Construction Material Requirements PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 4q Federal �� Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www d1yoffederalway com A Contractor provided certificate of materials' origin will be required before each progress estimate or payment. The Contractor will not receive payment until the certification is received by the Engineer. The Contractor shall certify that all construction_ materials installed during the current progress estimate period meets the Build America, Buy America Act. The certification shall be on WSDOT Form 350-110 provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as WSDOT Form 350-110. 1-06.6 Recycled Materials (January 4, 2016APWA GSP) Delete this section, including its subsections, and replace it with the following: The Contractor shall make their best effort to utilize recycled materials in the construction of the project. Approval of such material use shall be as detailed elsewhere in the Standard Specifications. Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on -site material and aggregates from concrete returned to the supplier). The Contractor's report shall be provided on DOT form 350-075 Recycled Materials Reporting. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's Plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL Federal Wa Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Section 1-07.1 is supplemented with the following: (April 3, 2006 WSDOT GSP, OPTION 3) Confined Space Confined spaces are known to exist at the following locations: Existing storm drainage, sanitary sewer, and other utility systems, vaults, and structures, along with all new similar new construction items that meet the requirements of WAC 296-809-100. The Contractor shall be fully responsible for the safety and health of all on -site workers and compliant with Washington Administrative Code (WAC 296-809). The Contractor shall prepare and implement a confined space program for each of the confined spaces identified above. The Contractors Confined Space program shall be sent to the contracting agency at least 30 days prior to the Contractor beginning work in or adjacent to the confined space. No work shall be performed in or adjacent to the confined space until the plan is submitted to the Engineer as required. The Contractor shall communicate with the Engineer to ensure a coordinated effort for providing and maintaining a safe worksite for both the Contracting Agency's and Contractor's workers when working in or near a confined space. All costs to prepare and implement the confined space program shall be included in the bid prices for the various items associated with the confined space work. 1-07.2 State Taxes Delete this section, including its. sub -sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011 AP WA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a Bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit Bid prices or other Contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all Contract -related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this Contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2(1) State Sales Tax — Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL AN Federal Wa33325 Avenue South Y Federall Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit Bid item prices, or other Contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(2) State Sales Tax — Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full Contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit Bid item prices, or in any other Contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit Bid item prices or in any other Contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any Contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). 1-07.5 Environmental Regulations Section 1-07.5 is supplemented with the following: (September 20, 2010, WSDOT GSP, OPTION 1) Environmental Commitments The following Provisions summarize the requirements, in addition to those required elsewhere in the Contract, imposed upon the Contracting Agency by the various documents referenced in the Special Provision Permits and Licenses. Throughout the work, the Contractor shall comply with the following requirements: (August 3, 2009, WSDOT GSP, OPTION 2) Payment All costs to comply with this special provision for the environmental commitments and requirements are PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South f � Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com incidental to the contract and are the responsibility of the Contractor. The Contractor shall include all related costs in the associated bid prices of the contract. (January 2, 2018 WSDOT GSP, OPTION]) Section 1-07.6 is supplemented with the following: The Contracting Agency has obtained the below -listed permit(s) for this project. A copy of the permit(s) is attached as an appendix for informational purposes. Copies of these permits, including a copy of the Transfer of Coverage form, when applicable, are required to be onsite at all times. Contact with the permitting agencies, concerning the below -listed permit(s), shall be made through the Engineer with the exception of when the Construction Stormwater General Permit coverage is transferred to the Contractor, direct communication with the Department of Ecology is allowed. The Contractor shall be responsible for obtaining Ecology's approval for any Work requiring additional approvals (e.g. Request for Chemical Treatment Form). The Contractor shall obtain additional permits as necessary. All costs to obtain and comply with additional permits shall be included in the applicable Bid items for.the Work involved. • Construction Stormwater General Permit • Any other permits included in Appendices 1-07.7 Load Limits (March 13, 1995 WSDOT GSP, OPTION 6) Section 1-07.7 is supplemented with the following: If the sources of materials provided by the Contractor necessitate hauling over roads other than State Highways, the Contractor shall, at the Contractor's expense, make all arrangements for the use of the haul routes. 1-07.9 Waizes 1-07.9(1) General (January 9, 2023 WSDOT GSP, OPTION]) Section 1-07.9(1) is supplemented with the following: The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decision No. WA20230001. The State rates incorporated in this contract are applicable to all construction activities associated with this contract. 1-07.9 5)A Required Documents (December 30, 2022 APWA GSP) This section is revised to read as follows: All Statements of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and Certified Payrolls, including a signed Statement of Compliance for Federal -aid projects, shall be submitted to the Engineer and to the State using the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Wa 8th Avenue South � Feder Federal Way, WA 98003-6325 (253) 835-7000 www cVoffederalway com 1-07.11 Requirements for Nondiscrimination (October 3, 2022 WSDOT GSP, OPTION]) Section 1-07.11 is supplemented with the following: Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Until further notice Goal 6.9% Minorities - by Standard Metropolitan Statistical Area {SMSA) Spokane, WA: SMSA Counties: Spokane, WA 2.8 WA Spokane. Non-SMSA Counties 3.0 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. Richland, WA: SMSA Counties: Richland Kennewick, WA WA Benton; WA Franklin. Non-SMSA Counties WA Walla Walla. Yakima, WA: SMSA Counties: Yakima, WA WA Yakima. Non-SMSA Counties WA Chelan; WA Douglas; Seattle, WA: SMSA Counties: Seattle Everett, WA 5.4 3.6 9.7 7.2 WA Grant; WA Kittitas; WA Okanogan. WA King; WA Snohomish. Tacoma, WA WA Pierce. 7.2 6.2 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal CITY HALL ■ � y�� 33325 8th Avenue South V■iI� Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com Non-SMSA Counties 6.1 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. Portland, OR: SMSA Counties: Portland, OR -WA 4.5 WA Clark. Non-SMSA Counties 3.8 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. These goals are applicable to each nonexempt Contractor's total on -site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address' and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. The notification shall be sent to: U.S. Department of Labor Office of Federal Contract Compliance Programs Pacific Region Attn: Regional Director San Francisco Federal Building 90 — 7th Street, Suite 18-300 San Francisco, CA 94103(415) 625-7800 Phone (415) 625-7799 Fax 2. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. Standard Federal Equal Employment Opportunity Construction Contract Specifications {Executive PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way ,n, a 33325 Avenue South �- Y Federall Way, WA 98003-6325 (253)835-7000 www ci(yoffederaiway com Order 11246) 1. As used in these specifications: a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish origin. (3) Asian or Pacific Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith effort to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway cam not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunity and/or participate in training programs for the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I '1 a Feder l Avenue South Federal Way, WA 98003-6325 '^ (253) 835-7000 www cityoffederalway com area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its •recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederatway com in. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work -force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a. defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. PROFESSIONAL SERVICES AGREEMENT Rev. 4/2023 CITY of CITY HALL Fe d e ra I Wa Feder 8th Avenue South Federal Way, WA 9$003-6325 (253) 835-7000 www cayoffederalway com 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. Additional assistance for Federal Construction Contractors on contracts administered by Washington State Department of Transportation or by Local Agencies may be found at: Washington State Dept. of Transportation Office of Equal Opportunity PO Box 47314 310 Maple Park Ave. SE Olympia WA 98504-7314 Ph: 360-705-7090 Fax:360-705-6801 littp://www.wsdot. wa.9-ov/eq ualopportun ity/defati lt.htm (October 1, 2020, APSW GSP, OPTIONA) Supplement this section with the following: Disadvantaged Business Enterprise Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and USDOT.'s official interpretations (i.e., Questions & Answers) apply to this Contract. As such, the requirements of this Contract are to make affirmative efforts to solicit DBEs, provide information on who submitted a Bid or quote and to report DBE participation monthly as described elsewhere in these Contract Provisions. No preference will be included in the evaluation of Bids/Proposals, no minimum level of DBE participation shall be required as a Condition of Award and Bids/Proposals may not be rejected or considered non- responsive on that basis. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL AN Fe a ra VIla Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway. com DBE Abbreviations and Definitions Broker — A business firm that provides a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for the performance of the Contract; or, persons/companies who arrange or expedite transactions. Certified Business Description — Specific descriptions of work the DBE is certified to perform, as identified in the Certified Firm Directory, under the Vendor Information page. Certified Firm Directory — A database of all Minority, Women, and Disadvantaged Business Enterprises. The on-line Directory is available to Contractors for their use in identifying and soliciting interest from DBE firms. The database is located under the Firm Certification section of the Diversity Management and Compliance System web page at: https://omwbe.diversitycompliance.com. Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines commercially useful function as: "A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors." Contract — For this Special Provision only, this definition supplements Section 1-01.3. 49 CFR 26.5 defines contract as: "... a legally binding relationship obligating a seller to furnish supplies or services (including, but not limited to, construction and professional services) and the buyer to pay for them. For purposes of this part, a lease is considered to be a contract." Disadvantaged Business Enterprise (DBE) — A business firm certified by the Washington State Office of Minority and Women's Business Enterprises, as meeting the criteria outlined in 49 CFR 26 regarding DBE certification. Force Account Work — Work measured and paid in accordance with Section 1-09.6. Manufacturer (DBE) — A DBE firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract. A DBE Manufacturer shall produce finished goods or products from raw or unfinished material or purchase and substantially alters goods and materials to make them suitable for construction use before reselling them. Regular Dealer (DBE) — A DBE firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of a Contract PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fed e ra11Na 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a Regular Dealer, the DBE firm must be an established regular business that engages in as its principal business and in its own name the purchase and sale of the products in question. A Regular Dealer in such items as steel, cement, gravel, stone, and petroleum products need not own, operate or maintain a place of business if it both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by long-term. formal lease agreements and not on an ad -hoc basis. Brokers, packagers, manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as Regular Dealers within the meaning of this definition. DBE Goals No DBE goals have been assigned as. part of this Contract. Affirmative Efforts to Solicit DBE Participation The Contractor shall not discriminate on the grounds of race, color, sex, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. DBE firms shall have an equal opportunity to complete for subcontracts in which the Contractor enters into pursuant to this Contract. Contractors are encouraged to: 1. Advertise opportunities for Subcontractors or suppliers in a timely and reasonably designed manner to provide notice of the opportunity to DBEs capable of performing the Work. All advertisements should include a Contract Provision encouraging participation by DBE firms. This may be accomplished through general advertisements (e.g. newspapers, journals, etc.) or by soliciting Bids/Proposals directly from DBEs. 2. Establish delivery schedules that encourage participation by DBEs and other small businesses. 3. Participate with a DBE as a joint venture. DBE Eligibility/Selection of DBEs for Reporting Purposes Only Contractor may take credit for DBEs utilized on this Contract only if the firm is certified for the Work being performed,, and the firm performs a commercially useful function (CUF). Absent a mandatory goal, all DBE participation that is attained on this project will be considered as "race neutral" participation and shall be reported as such. Crediting DBE Participation All DBE Subcontractors shall be certified before the subcontract on which they are participating is executed. Be advised that although a firm is listed in the directory, there are cases where the listed firm is in a temporary suspension status. The Contractor shall review the OMWBE Suspended DBE Firms list. A DBE firm that is included on this list may not enter into new contracts that count towards participation. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra i 1JVa Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com DBE participation is only credited upon payment to the DBE. The following are some definitions of what may be counted as DBE participation. DBE Prime Contractor Only take credit for that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE Prime Contractor performs with its own forces and is certified to perform. DBE Subcontractor Only take credit for that portion of the total dollar value of the subcontract that is equal to the distinct, clearly defined portion of the Work that the DBE performs with its own forces. The value of work performed by the DBE includes the cost of supplies and materials purchased by the DBE and equipment leased by the DBE, for its work on the contract. Supplies, materials or equipment obtained by a DBE that are not utilized or incorporated in the contract work by the DBE will not be eligible for DBE credit. The supplies, materials, and equipment purchased or leased from the Contractor or its affiliate, including any Contractor's resources available to DBE subcontractors at no cost, shall not be credited. DBE credit will not be given in instances where the equipment lease includes the operator. The DBE is expected to operate the equipment used in the performance of its work under the contract with its own forces. Situations where equipment is leased and used by the DBE, but payment is deducted from the Contractor's payment to the DBE is not allowed. If a DBE subcontracts a portion of the Work of its contract to another firm, the value of the subcontracted Work may be credited only if the DBE's Lower -Tier Subcontractor is also a DBE. Work subcontracted to a non -DBE shall not be credited. Count expenditures toward race/gender-neutral participation only if the DBE is performing a CUF on the contract. DBE Subcontract and Lower Tier Subcontract Documents There must be a subcontract agreement that complies with 49 CFR Part 26 and fully describes the distinct elements of Work committed to be performed by the DBE. The subcontract agreement shall incorporate requirements of the primary Contract. Subcontract agreements of all tiers, including lease agreements shall be readily available at the project site for the Engineer's review. DBE Service Provider The value of fees or commissions charged by a DBE Broker, a DBE behaving in a manner of a Broker, or another service provider for providing a bona fide service, such as professional, technical, consultant, managerial services, or for providing bonds or insurance specifically required for the performance of the contract will only be credited as DBE participation, if the fee/commission is determined by the Contracting Agency to be reasonable and the firm has performed a CUF. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL Federal Way Feder 8th Avenue South �. Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Temporary Traffic Control If the DBE firm is being utilized in the capacity of only "Flagging", the DBE firm must provide a Traffic Control Supervisor (TCS) and flagger, which are under the direct control of the DBE. The DBE firm shall also provide all flagging equipment (e.g. paddles, hard hats, and vests). If the DBE firm is being utilized in the capacity of "Traffic Control Services", the DBE firm must provide a TCS, flaggers, and traffic control items (e.g., cones, barrels, signs, etc.) and be in total control of all items in implementing the traffic control for the project. In addition, if the DBE firm utilizes the Contractor's equipment, such as Transportable Attenuators and Portable Changeable Message Signs (PCMS) no DBE credit can be taken for supplying and operating the items. Trucking DBE trucking firm participation may only be credited as DBE participation for the value of the hauling services, not for the materials being hauled unless the trucking firm is also certified as a supplier. In situations where the DBE's work is priced per ton, the value of the hauling service must be calculated separately from the value of the materials in order to determine DBE credit for hauling The DBE trucking firm must own and operate at least one licensed, insured and operational truck on the contract. The truck must be of the type that is necessary to perform the hauling duties required under the contract. The DBE receives credit for the value of the transportation services it provides on the Contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. The DBE may lease additional trucks from another DBE firm. The Work that a DBE trucking firm performs with trucks it leases from other certified DBE trucking firms qualify for 100% DBE credit. The trucking Work subcontracted to any non -DBE trucking firm will not receive credit for Work done on the project. The DBE may lease trucks from a non -DBE truck leasing company, but can only receive credit as DBE participation if the DBE uses its own employees as drivers. DBE credit for a truck broker is limited to the fee/commission that the DBE receives for arranging transportation services. Truck registration and lease agreements shall be readily available at the project site for the Engineer review. DBE Manufacturer and DBE Regular Dealer One hundred percent (100%) of the cost of the manufactured product obtained from a DBE manufacturer can count as DBE participation. Sixty percent (60%) of the cost of materials or supplies purchased from a DBE Regular Dealer may be credited as DBE Participation. If the role of the DBE Regular Dealer is determined to be that of a pass -through, then no DBE credit will be given for its services. If the role of the DBE PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 4'S Fe d e ra l Vlla 8th Avenue South Feder Y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Regular Dealer is determined to be that of a Broker, then DBE credit shall be limited to the fee or commission it receives for its services. Regular Dealer status and the amount of credit is determined on a Contract -by -Contract basis. Regular Dealer DBE firms must be approved before being used on a project. The WSDOT Approved Regular Dealer list published on WSDOT's Office of Equal Opportunity (OEO) web site must include the specific project for which approval is being requested. The Regular Dealer must submit the Regular Dealer Status Request form a minimum of five days prior to being utilized on the specific project. Purchase of materials or supplies from a DBE which is neither a manufacturer nor a regular dealer, (i.e. Broker) only the fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, can count as DBE participation provided the fees are not excessive as compared with fees customarily allowed for similar services. Documentation will be required to support the fee/commission charged by the DBE. The cost of the materials and supplies themselves cannot be counted toward as DBE participation. Note: Requests to be listed as a Regular Dealer will only be processed if the requesting firm is a material supplier certified by the Office of Minority and Women's Business Enterprises in a NAICS code that falls within the 42XXXX NAICS Wholesale code section. Procedures between Award and Execution After Award and prior to Execution, the Contractor shall provide the additional information described below. Failure to comply shall result in the forfeiture of the Bidder's Proposal bond or deposit. 1. A list of all firms who submitted a bid or quote in attempt to participate in this project whether they were successful or not. Include the business name and mailing address. Note: The firms identified by the Contractor may be contacted by the Contracting Agency to solicit general information as follows: age of the firm and average of its gross annual receipts over the past three -years. Procedures after Execution Commercially Useful Function (CUF) The Contractor may only take credit for the payments made for Work performed by a DBE that is determined to be performing a CUF. Payment must be commensurate with the work actually performed by the DBE. This applies to all DBEs performing Work on a project, whether or not the DBEs are COA, if the Contractor wants to receive credit for their participation. The Engineer will conduct CUF reviews to ascertain whether DBEs are performing a CUF. A DBE performs a CUF when it is carrying out its responsibilities of its contract by actually performing, managing, and supervising the Work involved. The DBE must be responsible for negotiating price; determining quality and quantity; ordering the material, installing (where applicable); and paying for the material itself. If a DBE does not perform "all" of these functions on a furnish -and -install contract, it has not performed a CUF and the cost of materials cannot be counted toward DBE COA Goal. Leasing of equipment from a leasing company is allowed. However, PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyotiederalway com leasing/purchasing equipment from the Contractor is not allowed. Lease agreements shall be readily available for review by the Engineer. In order for a DBE traffic control company to be considered to be performing a CUF, the DBE must be in control of its work inclusive of supervision. The DBE shall employ a Traffic Control Supervisor who is directly involved in the management and supervision of the traffic control employees and services. The DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. The following are some of the factors that the Engineer will use in determining whether a DBE trucking company is performing a CUF: • The DBE shall be responsible for the management and supervision of the entire trucking operation for which it is responsible on the Contract. The owner demonstrates business related knowledge, shows up on site and is determined to be actively running the business. • The DBE shall with its own workforce, operate at least one fully licensed, insured, and operational truck used on the Contract. The drivers of the trucks owned and leased by the DBE must be exclusively employed by the DBE and reflected on the DBE's payroll. • Lease agreements for trucks shall indicate that the DBE has exclusive use of and control over the truck(s). This does not preclude the leased truck from working for others provided it is with the consent of the DBE and the lease provides the DBE absolute priority for use of the leased truck. • Leased trucks shall display the name and identification number of the DBE. Joint Checking A joint check is a check between a Subcontractor and the Contractor to the supplier of materials/supplies. The check is issued by the Contractor as payer to the Subcontractor and the material supplier jointly for items to be incorporated into the project. The DBE must release the check to the supplier, while the Contractor acts solely as the guarantor. A joint check agreement must be approved by the Engineer and requested by the DBE involved using the DBE Joint Check Request Form (form # 272-053) prior to its use. The form must accompany the DBE Joint Check Agreement between the parties involved, including the conditions of the arrangement and expected use of the joint checks. The approval to use joint checks and the use will be closely monitored by the Engineer. To receive DBE credit for performing a CUF with respect to obtaining materials and supplies, a DBE must "be responsible for negotiating price, determining quality and quantity, ordering the material, installing and paying for the material itself." The Contractor shall submit DBE Joint PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CRY OF -� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Check Request Form for the Engineer approval prior to using a joint check. Material costs paid by the Contractor directly to the material supplier are not allowed. If proper procedures are not followed or the Engineer determines that the arrangement results in lack of independence for the DBE involved, no DBE credit will be given for the DBE's participation as it relates to the material cost. Prompt Payment Prompt payment to all subcontractors shall be in accordance with Section 1-08.1. Prompt payment requirements apply to progress payments as well as return of retainage. Reporting The Contractor and all subcontractors/suppliers/service providers that utilize DBEs to perform work on the project, shall maintain appropriate records that will enable the Engineer to verify DBE participation throughout the life of the project. Refer to Section 1-08.1 for additional reporting requirements associated with this contract. Decertification When a DBE is "decertified" from the DBE program during the course of the Contract, the participation of that DBE shall continue to count as DBE participation as long as the subcontract with the DBE was executed prior to the decertification notice. The Contractor is obligated to substitute when a DBE does not have an executed subcontract agreement at the time of decertification. Consequences of Non -Compliance Each contract with a Contractor (and each subcontract the Contractor signs with a Subcontractor) must include the following assurance clause: The Contractor, subrecipient, or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Contractor from future bidding as non -responsible. Payment Compensation for all costs involved with complying with the conditions of this Specification and PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 4 Feder Fed ra 11Jllay 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com any other associated DBE requirements is included in payment for the associated Contract items of Work, except otherwise provided in the Specifications. 1-07.17 Utilities and Similar Facilities (April 2, 2007 WSDOT GSP, OPTION 1) Section 1-07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience. UTILITY CONTACTS Puget Sound Energy (Power) Attn: Jason Airey 3130 S 38`h St Tacoma, WA 98409 Telephone: (206) 348-9637 Puget Sound Energy (Gas) Attn: Katie Dierick Katie.Dierick@pse.com Cell: (253) 268-6331 Lakehaven Water & Sewer District Attn: Naveen Chandra, P.E. 31623 1" Avenue S Federal Way, WA 98063-4249 NChandra@lakehaven.org Telephone: (253) 946-5440 Cell: (206) 966-8185 zayo Attn: Jason Tesdal 4905 Pacific Hwy E, Suite 4 Fife, WA 98424 Jason.Tesdal@zayo.com Telephone: (253) 221-7585 King Co. Traffic (Signals & Lighting) Attn: Mark Parrett 155 Monroe Ave NE Renton, WA 98056 Telephone: (206) 296-8153 Lumen Attn: Lara Lant 1208 NE 641h St Seattle, WA 98115 Lara.Lant@,Lumen.com Telephone: (206) 765-9885 Comcast Attn: Kyle Kinney 410 Valley Ave NW Puyallup, WA 98371 Kyle Kinney@comcast.com Telephone: (253) 293-3838 AT&T Attn: Steve Duppenthaler 11241 Willows Rd NE, #130 Redmond, WA 98052 Telephone: (425)286-3822 City of FW IT Dept (City Fiber) Attn: Thomas Fichtner 33325 8th Ave S Federal Way, WA 98003 Telephone: (253) 835-2547 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 4! CITY OF AN Federal ADDITIONAL CONTACTS King County Metro Transit 81270 6th Ave S, Bldg 2 Seattle, WA 98134 Telephone: (206) 684-2785 City of Federal Way Police 33325 8th Ave S CITY HALL ■ A lay 33325 Avenue South ��rJ Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com Federal Way, WA 98003 Telephone: (253) 835-6701 (for officer traffic control scheduling) Telephone: (253) 835-6767 (for traffic / road closure issues) South King Fire & Rescue 316171 st Ave S Federal Way, WA 98003 Telephone: (253) 946-7253 Federal Way School District Attn: Transportation Department 1211 S. 332nd St Federal Way, WA 98003 Telephone: (253) 945-5960 1-07.28 Communication with Businesses and Property Owners (April 12, 2018 CFW GSP) Section 1-07.28 is added: The Contractor will be responsible for communicating all work activities with the property owners / tenants that are located adjacent to the project. The Contractor, along with the City's inspector & project engineer, shall 'have one formal meeting (door-to-door project walk-through) with the property owners/tenants prior to the start of construction. It will be the Contractor's responsibility to initiate and set up the meeting. Thereafter, the Contractor shall keep the property owners / tenants informed of their general work locations and upcoming activities by distributing a monthly status/schedule memo to the businesses. The memo shall be approved by the City's Project Engineer prior to distribution. Add the following new section: 1-08.0 Preliminary Matters (May 25, 2006 APWA GSP) 1-08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer, and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; PROFESSIONAL SERVICES AGREEMENT Rev. 4/2023 CITY OF CITY HALL 33325 F-- Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction meeting the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1-08.0(2) Hours of Work (December 8, 2014 AP WA GSP) Add the following new section: Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than noon two working days prior to the day(s) the Contractor is requesting to change the hours. If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: On non -Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. (The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency's material testing lab; inspectors; and other Contracting Agency employees or third -party consultants when, in the opinion of the Engineer, such work necessitates their presence.) 2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. 3. Considering multiple work shifts as multiple working days with respect to contract time PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL AkoSk Federal 1111ay Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway com even though the multiple shifts occur in a single 24-hour period. 4. If a 4-10 work schedule is requested and approved the non -working day for the week will be charged as a working day. 5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll. 1-08.1 Subcontracting (December 30, 2022 APWA GSP, OPTIONA) Section 1-08 is supplemented with the following: Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A Subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects (Form 420-004). The Contractor shall submit to the Engineer a completed Monthly Retainage Report (WSDOT Form 272- 065) within 15 calendar days after receipt of every monthly progress payment until every subcontractor and lower tier subcontractor's retainage has been released. The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period. 1-08.3 Progress Schedule 1-08.3(1) General Requirements (October 3, 2022 WSDOT GSP, OPTION 2) Section 1-08.3(1) is supplemented with the following: In addition to information required in Items 1 through 6, the Progress Schedule shall include the following milestones and/or activities: 7. Materials requiring long procurement or fabrication periods, such as signal or light poles, structural elements, or mechanical items. 1-08,3(2)A Tyne A Progress Schedule (December 30, 2022 APWA GSP) PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com Revise this section to read: The Contractor shall submit 2 copies of a Type A Progress Schedule no later than at the preconstruction conference, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal. 1-08.4 Prosecution of Work Delete this section and replace it with the following: 1-08.4 Notice to Proceed and Prosecution of Work (July 23; 2015 APWA GSP) Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. (December 1, 2021 CFW GSP) Section 1-08.4 is supplemented with the following. The Contractor shall provide adequate equipment and forces to carry out the construction schedule to completion of the contract by the date specified. 1-08.5 Time for Completion (December 30, 2022 APWA GSP, OPTIONA) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. The statement will be identified as a Written Determination by the Engineer. If the Contractor does not agree with the Written Determination of working days, the Contractor shall PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 ,�SCITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederatway.com pursue the protest procedures in accordance with Section 1-04.5. By failing to follow the procedures of Section 1-04.5, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: . 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (per Section 1-07.9(5)). b. Material Acceptance Certification Documents c. Monthly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Copies of the approved "Affidavit of Prevailing Wages Paid" for the Contractor and all Subcontractors f. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16). g. Property owner releases per Section 1-07.24 1-08.9 Liquidated Damages (March 3, 2021 APWA GSP, Option B) Revise the second and third paragraphs to read: Accordingly, the Contractor agrees: l . To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. Liquidated Damages Formula PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF Federal Way LD=0.15C/T Where: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Physical Completion When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine the Contract Work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 1-09 MEASUREMENT AND PAYMENT 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by the Engineer. 1-09.7 Mobilization (March 22, 2023 CFW GSP) Supplement Section 1-09.7 with the following: Obtaining a site for the Contractor's mobilization, field office(s), storage of materials, access and personnel parking spaces, and other general operations shall be the responsibility of the Contractor. The Contactor will be responsible for maintaining these spaces in a safe and orderly condition throughout the duration of the project. The Contractor shall provide the City with a copy of agreement(s) with property owner. All costs associated with securing sites shall be included in the other bid items on the project and no other compensation will be made. 1-09.9 Payments (December 30, 2022 APWA GSP) Section 1-09.9 is revised to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as PROFESSIONAL SERVICES AGREEMENT Rev. 4/2023 CITY OF CITY HALL Fe d a ra Wa 8th Avenue South Feder Y Federal Way, WA 98003-6325 (253)835-7000 www cilyoffederalway com specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer's determination of the cost of work shall be final. Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(l), on non FHWA-funded projects; 2. The amount of progress payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1-05.1. Failure to perform obligations under the Contract by the Contractor may be decreed by the Contracting Agency to be adequate reason for withholding any payments until compliance is achieved. Upon completion of all Work and after final inspection (Section 1-05.11), the amount due the Contractor PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Myoffederalway com under the Contract will be paid based upon the final estimate made by the Engineer and presentation of a Final Contract Voucher Certification to be signed by the Contractor. The Contractor's signature on such voucher shall be deemed a release of all claims of the Contractor unless a Certified Claim is filed in accordance with the requirements of Section 1-09.11 and is expressly excepted from the Contractor's certification on the Final Contract Voucher Certification. The date the Contracting Agency signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 1-05.12). If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification or any other documentation required for completion and final acceptance of the Contract, the Contracting Agency reserves the right to establish a Completion Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by email with delivery confirmation from the Contracting Agency to the Contractor, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar day period will begin on the date the email with delivery confirmation is received by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification shall constitute the Completion Date and the final acceptance date (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the Contract will apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract. Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 1-09.11(3) Time Limitation and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to all such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com 1-09.13 Claim Resolution 1-09.13(3)A Arbitration General (January 19, 2022APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13 4 Venue for Lifi ation (December 30, 2022 APWA GSP) Revise this section to read: Litigation shall be brought in the Superior Court of the county in which the Contracting Agency's headquarters is located, provided that where claims are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is mutually agreed by the parties that when litigation occurs, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. END OF DIVISION 1 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way DIVISION 6 STRUCTURES 6-02.3 Construction Requirements CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 6-02.3(2)A Contractor Mix Design (December 16, 2022 CFW GSP) The first sentence of the first paragraph of Section 6-02.3(2)A is deleted and replaced with the following: The Contractor shall provide a mix design in writing to the Engineer for all classes of concrete. 6-02.3(2)B Commercial Concrete (December 16, 2022 CFW GSP) The last sentence of the first paragraph of Section 6-02.3(2)B is deleted and replaced with the following: Commercial concrete requires mix design and source approvals for cement, aggregate, and other admixtures. Section 6-02.3(2)B is supplemented with the following: The concrete class requirements in paragraph one and two are applicable for Type 1/II Portland cement. See Section 9.01.2(1)B for requirements for Type 1L cement. END OF DIVISION 6 PROFESSIONAL SERVICES AGREEMENT Rev. 4/2023 CITY OF CITY HALL �� F Fe d e ra M Wayy eder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. ci yofederalway.. com EXHIBIT H REQUEST FOR STATEMENT OF QUALIFICATIONS PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 II. CITY OF FEDERAL WAY REQUEST FOR STATEMENT OF QUALIFICATIONS ARCHITECTURAL AND ENGINEERING DESIGN SERVICES PURPOSE OF REQUEST The City of Federal Way ("City") is soliciting statements of qualifications and performance data from architects and engineers in connection with performing services for the City pursuant to Chapter 39.80 RCW. The City's needs are outlined in the following Request for Statements ("Request"). TIMESCHEDULE The City will follow the following timetable: Issue Request for Statements September 22, 2023 Mandatory Site Visit October 5,2023, 10:00am Deadline for Submittal of Responses to Request October 18, 2023, 3:00pm Interview Firms(s) October 24, 2023 - Issue Notice of Intent to Award November 6, 2023 III. INSTRUCTIONS TO PROPOSERS A. All Responses to Request for Statements shall be emailed to: Autumn Gressett, Contract Administrator City of Federal Way autumn.gressett@cityoffederalway.com B. All e-mailed proposals must be clearly labeled in the subject line with "Statement of Qualification for Federal Way Community Center Locker Room Renovations." All hard copy proposals must include three (3) copies of your Statement of Qualifications ("SOQ") in a sealed envelope and clearly labeled in the lower left corner "Statement of Qualification for Federal Way Community Center Locker Room Renovations." No faxed or telephone statements will be accepted. The maximum file size that can be accepted via email is 10.0 MB. C. All SOQs must be received by 3: 00 pm on October 18, 2023, at which time they will be opened. -1- Rev. 6/23 D. SOQs should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. E. Autumn Gressett, Contract Administrator, or representative will notify the firm selected by November 6, 2023. Any questions concerning the City's specifications or Request process shall be directed to Autumn Gressett, Contract Administrator via e-mail at autumn.gressett@cityoffederalway.com no later than one (1) week prior to the submittal deadline. F. All SOQs must include the following information: 1. Firm Overview o Name o Address o Phone Number o Website o Contact Person o Contact E-mail o Brief History of the firm including length of time firm has been in business as presently organized 2. Experience o Provide a minimum of three projects similar to this or that address similar issues; include Project name, Owner Name, Square Footage o List previous experience working with WSDOT Standard Specifications o Provide a comprehensive list of Community Center projects your firm has designed, including square footage, estimated cost and actual cost o Provide a list of public projects your firm has designed, including estimated completion date, actual completion date, estimated cost and actual cost 3. Personnel o Names of individuals from the firm who will be working on the project and their areas of responsibility. o Specific Experience of individuals relative to the proposed project, including any licenses and certifications held by those individuals. - 2 - Rev. 6/23 4. The firm's general approach to the project. 5. Completion Date o Proposed outline of tasks and products, including the number of hours required to complete each task or product o Proposed project schedule based upon desired timeline referenced in Scope of Services o Describe your past performance relative to achieving cost and schedule goals 6. References o Provide three recent references, preferably from public projects IV. SELECTION CRITERIA The following factors will be used to evaluate your SOQ and determine whether your firm will be selected to commence negotiations with the City regarding any contract: Factor Weight Given 1. Responsiveness of the SOQ to the 15 points maximum purpose and scope of services. a. Attended pre -proposal site visit 5 points maximum b. Ability to meet desired timeline 5 points maximum C. Submittal meets all criteria 5 points maximum 2. Ability and history of successfully completing 65 points maximum contracts of this type, meeting projected deadlines, experience in similar work. d. Experience with Project Planning 5 points maximum e. Project Design Concepts 5 points maximum f. Knowledge and Experience with King 5 points maximum County and Federal Requirements 5 points maximum g. Experience with Financial Management 5 points maximum h. Experience with Contract Management 5 points maximum i. Experience with Competitive Bid Process 5 points maximum i. Experience with Construction 5 points maximum Management and Observation k. Experience with Project Closeout 5 points maximum 1. Ability to meet Schedules and Deadlines 5 points maximum M. Control of Costs 5 points maximum - 3 - Rev. 6/23 V. n. Past experience within Community Centers o. Past Experience with Public Committees 3. References, key personnel. a. Staff to be assigned b. Staff experience C. Three References provided d. References are from public projects Total Criteria Weight 5 points maximum 5 points maximum 20 points maximum 5 points maximum 5 points maximum 5 points maximum 5 points maximum 100 points maximum Each SOQ will be independently evaluated on factors 1 through 3 TERMS AND CONDITIONS A. The City reserves the right to reject any and all SOQs, and to waive minor irregularities in any SOQ. B. The City reserves the right to request clarification of information submitted, and to request additional information from any contractor. C. The City reserves the right to award any contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the selection of the contractor. D. Any SOQ may be withdrawn up until the date and time set above for opening of the SOQ's. Any SOQ not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to provide to the City the services described in the attached specifications, or until one or more of the SOQ's have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a SOQ by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this Request. A copy of the contract is available for review, and shall include requirements to comply with ADA, Civil Rights Act, and EEO requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this Request, and which is not approved by the City Attorney's office. F. The City shall not be responsible for any costs incurred by the firm in preparing, Submitting, or presenting its response to the Request. - 4 - Rev. 6/23 G. The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. H. The City, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing autumn.gressett@cityoffederalway.com or by calling 253-835-6914. VI. SCOPE OF SERVICES The City has a need for a multidisciplined team of architectural, mechanical, and electrical consultants to provide interior space improvements to the Federal Way Community Center (FWCC) locker and shower rooms (both men's and women's), family cabanas, wet sauna, dry sauna and related spaces. The areas mentioned are showing signs of significant deterioration, evidenced by failure of ceramic wall tiles, gypsum wall board, and painted surfaces due to continuously moist, wet conditions in those spaces. Metal studs are becoming corroded, and wall insulation is wet and/or showing signs of being wet. In a recent conditions assessment report provided to the City Council (see Attachment A) it was recommended that a redesign and renovation of architectural, mechanical, and electrical systems and finishes associated with these areas be performed to correct the deficiencies and ensure longevity ofthe safe, enjoyable use of these well -used facilities. Desired Timeline: 1. 30% Complete — January 2024 2. 85% Complete — February 2024 3. 100% Complete —March 2024 4. Approved Permits Issued — June 2024 Design services include, but are not necessarily limited to: 1. Provide concept drawings, design development documents, permit set, and bid documents (plans and specifications). The City adopts the most current version of the WSDOT Standard Specifications and Amendments modified by the City's Special Provisions. 2. Coordinate work with the City and all jurisdictional authorities for review and issuance of all required permits. - 5 - Rev. 6/23 3. Review of existing conditions from continuous use and deterioration of some finishes, fixtures, and equipment from water and moisture damage over time. The interior finishes, fixtures, equipment, and mechanical and electrical systems shall be designed to resist damage due to damp operating environment. 4. Design shall include selective demolition of interior finishes and replacement with new, water-resistant finishes, fixtures, and equipment. 5. The Design Team shall consider salvaging all systems that have useful design life, such as ACT and hard lid ceilings, ceramic tile flooring, mechanical and electrical systems, lockers and plumbing fixtures for reuse. 6. Design shall take existing HVAC system into consideration when making recommendations to improve ventilation and exhaust and reduce buildup of humidity and damp environment. 7. Design shall consider phased construction to allow sequencing of work to keep showers and locker use available for public use. 8. Provide construction bid support, provide clarifications to contractors for plan and specification questions that arise during bidding, and prepare addendums. 9. Provide construction assistance; review and respond to design questions and submittals from, the contractor, and prepare record drawings. Attend preconstruction conference. 1 O.Consultant to coordinate and develop materials (such as storyboards) for public open houses (anticipate two open houses). All consultants proposing on this project shall attend a mandatory pre -proposal site visit at the Federal Way Community Center on October 5, 2023, at 10:00am prior to submitting statement of qualifications. Design teams proposing services shall agree to contract with the City of Federal Way utilizing the City's contract and terms identified therein. VII. COMPENSATION A. Upon selection of the most qualified firm on the basis of demonstrated competence and qualifications for the type of professional services required, the City will negotiate a price which it determines is fair and reasonable. If the City is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm will terminate and the City may select another firm. B. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. C. - 6 - Rev. 6/23 VIII. PUBLICATION This Request shall be published as follows: Name of Publication: Dates: MRSC 9/22/2023 Federal Way Mirror _9/22/2023 - 7 - Rev. 6/23 ATTACHMENT A Page intentionally left blank - 8 - Rev. 6/23 1601 E Valley Rd, Suite 110 Renton, WA 98057 T 425.572.6878 www.rockpmservices.com April 24, 2023 Autumn Gressett City of Federal Way 31510 Pete von Reichbauer Way S. Federal Way WA, 98033 Re: Community Center Locker Rooms, Showers, and Cabana Space Improvements Project Dear Autumn, Thank you for the opportunity to review Federal Way Community Center's (FWCC) locker rooms, showers, cabanas and related spaces over the past two weeks. Based on our review, we have prepared the following information for your use: 1. Summary of Key Findings 2. Options for Corrective Work, with Recommendation of a Preferred Option 3. Scope of Work Suggestions for Project Implementation Consideration 4. Existing Conditions Assessment and Photographic Record Under separate cover, we will send you the complete detailed assessment checklist and photographic record. If you have any further questions regarding the information we have provided, I would be pleased to meet with you, other City staff, or City leadership to discuss the project further, our recommendations, and the importance for corrective work. Please know this was a limited study, and it is our recommendation that a design team be hired to provide additional assessments as design solutions are being considered. It is also our recommendation that the City utilize a project management/construction management team to oversee the design and construction phase of this project, due to the complexities of phasing construction work in an active, operating facility, which will require substantial coodination. Sincerely, ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Bernie O'Donnell President ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Page 1 KEY FINDINGS Federal Vijay Community Center Background. The City of Federal Way Community Center facility located at 876 S. 33`d Street, opened in 2008, 15 years ago. The facility promotes enrichment, fitness, and athletic and educational opportunities that are inviting to all ages, abilities, and cultures. Open Monday — Friday from 5:30 am to 9:30 pm and open until 6 pm on weekends, the facility endures almost continuous use. A centralized area for men's lockers and showers, women's lockers and showers, and family cabanas, a steam room, and a sauna are available for facility users, and sees substantial use during all operating hours. The locker rooms and shower areas are showing complete deterioration of ceramic wall tiles, and gypsum wall board (GWB, aka sheetrock) and painted surfaces are showing signs of failure due to the continuously moist, wet conditions in those spaces. FWCC — Enlarged Floor Plan of Men's, Women's Locker Rooms and Showers The City contacted Rock Project Management Services, L.L.C. (RPM) for assistance in assessing the existing conditions, providing recommendations, and defining a project scope of work for corrective work. The following is our assessment of the conditions, key findings, options for corrected work, and our recommendation of the most prudent scope of work to correct the deficiencies. Page 2 Summary of Existing Conditions Assessment and Key Findings. Overall, the locker rooms, showers, cabanas, and associated spaces are in poor condition with some areas in very poor condition. The spaces need prompt corrective work to ensure safe, healthy spaces for public use. Specific areas of deficiencies and concerns are as follows: 1. The wet environment is causing delamination of ceramic tiled walls and flooring from the backup wall GWB, and rusting of metal wall framing, metal fixtures, and grilles, registers, and diffusers. GWB and metal wall framing is damaged from a water -soaked condition, causing the GWB to expand, surface paper to delaminate from the gypsum rock, gypsum rock to become soft, and the metal studs are rusting from the ground bottom track upwards 1-3 feet above the floor. 2. We have observed that the mechanical system does not appear to be designed properly to adequately exhaust moisture from the spaces. The supply and exhaust systems are hard ducted (no shared return air plenums) but the supply diffusers and exhaust grilles are not adequate to supply fresh air and remove damp air. Several areas have no supply or exhaust, and several common areas have supply diffusers but few exhaust grilles. All exhaust grilles and exhaust ducting appear to be undersized. This may be a cause for inadequate air exchanges in the spaces which creates a constant humid air buildup compounded due to operations of the steam room, sauna, showers, and adjoining swim areas. 3. The ceilings are in good shape. The ceiling file is a wet -environment type acoustic ceiling file compatible for the conditions. Space above the ceilings is clean and dry, and shows little sign of rusting conduits or piping. 4. Between the back plumbing walls of the cabanas, and the back walls of the showers and restrooms are utility "utilidor" chases, accessible through large access panels. These utilidors show clear evidence of water infiltrating through ceramic file and grout lines, into the backup GWB wall assembly, and ponding at the base of the walls allowing rust and delamination of materials to occur. This is most notable from the ground bottom metal framing tracks up to about a 3' level above the floor. 5. Ceiling and wall mounted grilles, registers, diffusers, access panels and other non -stainless steel or aluminum fixtures show signs of rust. Maintenance crews paint the rusting fixtures regularly but does not eliminate the problem of rusting metals in the consistently moist environment. 6. Concrete Masonry Unit (CMU) walls along the corridors between the cabanas and the men's and women's locker rooms are structurally solid and show no signs of decay. However, these CMU walls show efflorescence (white salts) from a damp CMU interior core, and painted CMU conditions show delamination or bubbling of the paint due to moisture escaping from the interior of the CMU walls. A building systems checklist is attached with details of our assessments of existing conditions beginning on Page 8 and includes a photographic record of areas of concern. Page 3 OPTIONS FOR CORRECTIVE WORK Option No. 1— Do Nothing. As a baseline, this is always an option for public owners that may lack capital funds improve existing conditions, or lack general funds to make maintenance repairs to prolong the life of existing building systems and finishes. It is our opinion based on physical examination of existing conditions, a do-nothing option creates an unacceptable safety and health concern to the general public using these spaces. It is also our opinion that these conditions will continue to worsen if not addressed soon, creating further damage to building systems and finishes, with increased costs, and worsening safety and health conditions. Option No. 2 — Interim Solution. If the City lacks funding to completely renovate the locker rooms and cabana areas, and correct the apparent mechanical system design/functions, an interim solution could afford 2-3 years of additional time before major repairs and complete demolition and reconstruction is necessary. The bulk of damage to ceramic file walls and backup GWB, and metal studs are at the lower 3 feet of all walls. Removal of ceramic tile, back-up GWB and selective removal of rusted metal wall framing and replacing with new building materials would address immediate safety and health concerns with the delaminating ceramic tiles, water soaked GWB, and rusting metal framing. Grilles, registers, and diffusers could be sanded down to remove rust, and repainted (as maintenance crews have reported has been done in the past), and the existing mechanical exhaust system could be upgraded or controlled for constant, higher volume exhaust. The cost of the work is estimated to be in the $350,000 to $450,000 amount for construction. Replacing in -kind likely would not require a building permit, and operations shutdown would be necessary only for specific areas being corrected. We estimate this option could be completed within a four -month timeframe. This is not a preferred solution because it does not solve the long-term problem of the damp environment and the remaining existing building systems and finishes that will continue to slowly decay. There are likely areas that are decaying due to water saturation but have not shown in the delamination of ceramic tiles or other finishes, yet, but will over time. Option No. 3 — Recommended Solution. It is our recommendation that all areas be reconstructed with new water-resistant materials, and the mechanical supply and exhaust system be upgraded. All locker room areas, shower stalls, adjoining restroom areas, all cabanas, the sauna, and steam room, and all adjoining common areas and corridors be reconstructed by removing all interior walls, ceilings, and floor finishes to expose existing metal stud walls, ceiling supports, and floor underlayment. Any signs of rusting metal stud wall framing should be replaced with new metal stud framing. Work above the ceilings does not appear necessary due to water damage however the layout of supply registers, and exhaust grilles need to be designed and likely increased, and lighting should be upgraded, necessitating ceiling replacement. Our preliminary assessment is the existing exhaust fans and air handling units are sufficiently sized to accommodate added supply and exhaust ports to allow additional ventilation and exhaust of the spaces, but this will need to be confirmed by a mechanical design engineer. We anticipate the amount of selective demolition will be substantial based on observations of "behind the wall' conditions of rusted stud wall framing and support structures, saturated insulation, and delaminated gypsum wall board assemblies. Salvaging wall -mounted and ceiling -mounted equipment and components for re -use is not suggested, due to the high likelihood of damage during demolition work, storage, and reinstallation, however this can be a bid alternate for contractors to price in lieu of new. Page 4 This preferred solution would require a phased approach to upgrade the women's locker rooms, restrooms, and showers first, then the men's locker rooms, restrooms and showers second, and as a last phase; the cabanas and common corridor spaces would be upgraded. The cabanas would serve as the interim space for use by women in phase one, and by men in phase two. The cabanas would be shut down during phase three. The rough order of magnitude costs for Option 3 is $1,700,000 and likely will take fourteen months to design and construct due to phasing requirements necessary to keep the facility operations active. Below is a preliminary project schedule and summary -level budget estimate. City of Federal Way -Community Center Locker Rooms Upgrades Project Summary Level Schedule IPro a Phases Ma -23 I Jun-23 I Jul-23 I Aue-23 I Sep-23 Oat-23 Nov-23 I Dec-23 Jan-24 I Feb-24 I Mar-24 I Apr-24 I Ma -24 I Jun-29 I Jul-24 City Authorization to Proceed With Project City Procurement for Design Services (Design Phase, Permitting Phase ,City Authorization to Advertise, Bid, Award ,Construction - Phase One - Women's Areas ,Construction - Phase Two - Men's Areas ,Construction - Phase Three - Cabanas ,Construction - Mechanical Upgrades .Pro ectSubstantial Completion Summary Level Budget Project Management Services $ 85,0DO Design and Permitting Services $ 160,D00 Construction, Phase 1- Women's $ 400,000 Construction, Phase 2- Men's $ 40D,OW Construction, Phase 3, Cabanas $ 350,D00 Construction, Mech. Upgrades $ 120,ODO Pro3eCt CDntin envy $ 185,0D0 Project Estimate: $1,700,D00 Page 5 SCOPE OF WORK SUGGESTIONS Suggested Scope of Work based on Option No. 3 — Recommended Solution: General Project Scope of Work: The Project shall consist of design and reconstruction of interior finishes, fixtures, furnishings, and equipment of the Federal Way Community Center Locker Rooms, Showers, Cabanas, and associated areas. Some revisions to the HVAC system are likely necessary to decrease humidity and increase fresh air and ventilation. The General Project Scope of Work includes, but may not be limited to the following: 1. Selective demolition of all ceramic file flooring, walls, and ceilings, GWB backup walls, and any metal stud walls or ceiling support framing that shows signs of decay or rust. Replace with new, improved materials suitable for a wet indoor environment of the showers, locker rooms, and restrooms. Flooring material shall be slip resistant for a wet environment. 2. Replace all plumbing fixtures with water -efficient fixtures, compliant with ADA and Energy Code. 3. Replace all lighting with LED lighting fixtures compatible with damp interior environments. 4. Replace rusting access panels, mechanical grilles, registers, diffusers and other metal finishes with signs of rust or deterioration, and replace with stainless steel or aluminum, water resilient products. 5.' Review and replace with improved exhaust and ventilation system after review of existing design function. 6. Replace all lockers and benches, toilet partitions, accessories, and vanity countertops with new. 7. All areas shall be ADA compliant and meet all jurisdictional requirements. The work will be completed in phases, to allow use of lockers and showers for all facility users. Preliminary phasing is anticipated as: Phase 1— Women's restrooms, showers, lockers shut down to reconstruct. Women will use the Cabanas during this phase. Phase 2 — Men's restrooms, showers, and lockers will be shut down to reconstruct. Men will use the Cabanas during this phase. Phase 3 — Once both Phases 1 and 2 are complete, the Cabanas and other associated spaces will be reconstructed. Design Scope of Work — For issuance of an RFQ and Inclusion into a Professional Services Agreement: Provide multidiscipline design services including architectural, mechanical, and electrical services to provide interior space improvements to the Federal Way Community Center (FWCC) locker rooms and shower rooms, (men's and women's) and cabana rooms. Design services shall include, but not necessarily limited to: 1. Provide concept drawings, design development documents, permit set, and bid documents (plans and specifications) for the renovation of the FWCC locker rooms and showers and associated spaces and systems. 2. Coordinate work with the City of Federal Way and all jurisdictional authorities for review and issuance of all required permits. Page 6 3. Review of existing conditions from continuous use and deterioration of some finishes, fixtures, and equipment from water and moisture damage over time. The interior finishes, fixtures, equipment, and mechanical and electrical systems shall be designed to resist damage due to damp operating environment. 4. Design shall include selective demolition of interior finishes and replacement with new, water- resistant finishes, fixtures, and equipment. 5. The Design Team shall consider salvaging all systems that have useful design life, such as ACT and hard lid ceilings, ceramic file flooring, mechanical, and electrical systems, lockers for re -use, plumbing fixtures for reuse. 6. Design shall consider existing HVAC system design and potential recommendations to improve ventilation and exhaust and reduce buildup of humidity and damp environment. 7. Design shall consider phased construction to allow sequencing of work to keep showers and locker use available for public use. All Prime consultants proposing on this project shall attend a pre -proposal site visit prior to proposing services. Contact the City of Federal Way [contact info needed] to coordinate site visit. Design Teams proposing services shall agree to contract with the City of Federal Way utilizing the City's PSA contract, and terms identified therein. Construction Contract Scope of Work — Considerations for issuance of Bid Documents and public bidding, as a design -bid -build contract: Based on final design requirements, we believe the scope of work will be clear in the bid documents, for bidding purposes, however the scope of work for the Contractor should be clear at bidding time regarding all special requirements, to minimize the potential for change orders during construction due to unique working conditions: 1. Contractor shall anticipate in its bid, the requirement for phased construction sequenced in a manner to minimize disruption to facility users. Construction areas shall be clearly marked and secured from public access. Building egress and life safety systems shall not be impeded during or as a result of construction at anytime. 2. Utility shutdowns and tie-ins for construction activity must be planned and scheduled with the City to minimize building operations. Utility shutdowns should occur during non -business hours to minimize disruption. 3. The contract shall require a complete schedule that shows construction activity fully coordinated with FWCC operations, to ensure work is fully coordinated with FWCC functions. 4. The contract shall stipulate areas for storing material in a secure on -site location, or if no on -site location is available, the contract shall state that project materials shall be stored off -site until able to be utilized, on a just -in -time construction basis. 5. A pre -bid walk-through of the actual conditions and a pre -bid conference should be conducted to ensure all bidders are fully aware of the project constraints, for fair, competitive bidding. Page 7 EXISTING CONDITIONS CHECKLIST ASSESSMENT AND PHOTOGRAPHIC RECORD The FWCC locker rooms, showers, cabanas, and associated areas and building systems have been assessed for current conditions based on the following scale: 1. Very Good Like new, no defects, performing as intended 2. Good Minor defects, good condition, performing as intended 3. Fair Some major defects, moderate condition, still functioning as intended with increased service requirements 4. Poor Major or minor defects, critical condition, not functioning as intended, requires significant servicing, at or near its intended lifespan 5. Very Poor Major and minor defects, critical condition, not functioning as intended, risky to safety and health, exceeds its intended lifespan The intent of the condition assessments is to establish an overall general state of the facility areas assessed and to establish the level of repair or replacement. We qualify the assessments as not exhaustive, but to provide a general assessment based on a review of each major building system, component, equipment, and finishes. Conclusions are a consensus of judgment based on the best information available, site observations, discussions with maintenance staff, and any other additional information available to the reviewers. Because the review was conducted by a multi -disciplinary review team, we have a high level of confidence that actual current conditions reported are reasonable to inform the necessary repairs and improvements needed. The RPM review team included: • Bernie O'Donnell. Overall Building Systems and Finishes Conditions Assessments (Structure and Foundations, building settling, structural cracks, roofing systems, water intrusion, MEP systems) • Josephine Bayan, PMP. Overall Building Systems and Finishes Condition Assessments (Code Compliance, Egress, Ratings Assemblies, ADA, Water Intrusion) - • Lisa Couret, CMIT. MEP Systems and Utilities Condition Assessments (Mechanical, Electrical, Lighting, Life Safety Systems, Utilities, Drainage) The following checklist identifies existing conditions of the building areas assessed, followed by a photographic record of specific areas of concern. Page 8 CITY OF FEDERAL WAY7. PUBLIC FACILITIES CONDITION ASSESSMENT CHECKLIST FEDERAL WAY COMMUNITY CENTER - LOCKER ROOMS, SHOWERS, CABANAS, AND ASSOCIATED SPACES ROCK a ASSESSMENT DATE 4/7/2023, 4/12/2023 Overall Surnrnary of Condition Asseasmenk The avefofl condition of the areas assessed are poor to very poorand there are signs #XA "m conditions are going to continue to deteriorate due to the steady moist environment. Ceramic Tile, backboard Gypsum wall Board IGWS). ASSESSORS O'Donnell, Boyan, Courei and Metal Stud Wall Framing are failing, with loose and missing tiles, tiles that have detached from the backup GWB, GWB that has 'Wicked" up moisture and delaminated the surface paper of the GWB from the Gypsum, Metal studs are rusty and corroded, mostly at the base sill areas where moisture and water accumilate. Wall insulation is wet and/or shows signs of being wet. Metal finishes in the locker roams, restrooms, showers, cabanas, and common spaces in these areas are rusting. Above the finished ceiling, the areas are dry, and there is no indication of water damage. Ceiling finishes (hard lid GWB and Water Resistent Acoustic Ceiling Tiles) are in relatively good ADDRESS 876 S 333rd Street SITE AREA 72,000 CURRENT USE Community Center YEAR CONSTRUCTED 2007 EFFECTIVE AGE -hope, Plumbing fixtures (faucets, sinks, shower heads) are in fair condition for the age of the facility. The areas of rust and sharp edges in 16 Years some spaces are areas of safety concern. There are signs of limited mold at the base of the utilidor (no public access) that will likely CONSTRUCTION CLASS STRUCT STEEL. CONC, spread over time, creating potiential indoor air quality environmental concerns if not addressed soon. Overall, the poor to very poor conditions need to be corrected. COMM EN IS/OBSE RVATIONS ZONING OP - OFFICE PARK 1 WALLS X walls are generally observed as water damaged. 2 TRIM Trim that is metal is rusting, despite maintenance crews painting trim work regularly. 3 PAINT X Painted finishes are peeling at the base of some sections of the interior walls, and bubbling at CMU walls. 4 WINDOWS (RELITES) X Interior glazing, mirros are in good shape. Floors are ceramic tile, adhered to slab on grade concrete. Floors are in fair shape except where the floor s FLOORS X transitions up the wall base, and the backing and tile are delaminating from one another. 6 STAIRS NA Ceilings are hard lid, GWB in the cabanas and common corridor areas, and water -resilient ACT in the locker room 7 CEILING X areas. Both are in fair condition considering the age of the facility, and do not show signs of water damage except where metal components (grilles, registers, diffusers) are rusting. B EVIDENCE OF PESTS NA No signs of pests or insects in any spaces 9 APPLIANCES X The wall -mounted swim wear spinning device to remove water from swimwear appears to function fine. 10 DOORS, DOOR HARDWARE X Aluminum doors are in fair shape, but some non -aluminum metal hinges and screws are rusting. The Supply and Exhaust appears to undersized and poorly designed to provide adequate ventilation and removal of moist air from the spaces. Spacing between supply diffusers and exhaust grilles are too close to one another to 11 HVAC x be optimally effective. Supply diffusers and exhaust grilles appear to be undersized (general observation, no mechanical design talcs. conducted). Grilles, Registers, and Diffusers are rusting, despite maintenance crew painting. 12 HVAC FILTERS X There is evidence of regular preventative maintenance conducted. Grilles, Registers, and Diffusers are rusted and in very poor condition. The Rooftop AHU and EF's are in good 13 HVAC INTAKES & RETURNS X shape. Page 9 / ITEM 14 EXHAUST ELECTRICAL ls LIGHTING VERY GOOD GOOD - CONDITION POOR COMMENTS/OBSERVATIONSTASK VERY POOR X The Exhaust is non-existent in several common corridors where there is moist conditions, other areas the exhaust appears to be undersized for the space. X X - Lighting conditions are fair, but new energy -efficient LED light fixtures should be considered with any area Improvements made. 16 LIGHTING - FIXTURES Lighting fixtures in some areas are fluorescent lamps. 17 LIGHTSWITCHES X We noted a couple locations where the motion sensorfor lighting is blocked by wall mounted items, which may not allow motion to be detected. is ELECTRICAL OUTLETS X 19 ELECTRICAL PANEL X 20 PANEL CLEARANCE NA Not observed 21 ELECTRICAL METERS NA Not observed 22 LOW VOLTAGE 3YDEW. DATA NA Not observed 23 SINKS X tinks are in fair shape. 24 FAUCETS X Faucets are in fair condition for age, but water -efficient fixtures should be considered in any future upgrade projects. 25 RUNNING WATER X No water leaks from faucets or other plumbing or drain lines detected. 26 TOILETS X Toilets are in fair condition, though water -conserving options should be considered with any future projects. 27 SHOWER ROOM X Ceramic tile are loose, delaminating from backer wall, GWB backer walls are largely failing in most locations, including rusting of metal stud framing. 28 BATHTUB NA None 29 WATER HEATERS NA Not observed 30 EVIDENCE OF WATER DAMAGE X Substantial evidence of water and moisture damage throughout all spaces and is the primary concern of this report. 31 RESTROOMS X Restroom toilet partitions are floor mounted. Wall mounted are highly suggested with any future space improvements, for ease of deanlWrnopping wet floors. Lay"t is tight for ADA compliance. FIRE L LIFE SAFETY 32 FIRE ALARM AND RELATED LIFE SAFETY DEVICES X One sprinkler head was identified as compromised in a cabana (corrosion). 33 WET/DRY SUPPRESSION & STANDPIPES NA 34 FIRE ALARM MONITORING NA 35 SMOKE DETECTORS X Appears to be functioning as designed, not observed in emergency conditions. 36 CARBON MONOXIDE DETECTORS NA Not observed 37 EGRESS X Egress appears to meet all applicable codes. 38 EGRESS CLEARANCE X Egress clearance if fair, no exit corridors blocked or encumbered. 39 EGRESS SIGNAGE X Did not test exit signs in emergency test mode, but appear to be functioning as designed. 40 FIRE EXTINGUISHERS X Certified 41 FIRE EXTINGUISHER CABINET X Certified 42 EMERGENCY SHUT-OFF/DISCONNECTS NA Not observed 43 GROUNDING SYSTEMS X If exists, corrosion is likely. 44 SECURITY SYSTEMS & ACCESS CONTROLS NA Not observed STRUCTME 45 BUILDING STRUCTURE - Concrete/CMU/Wood X ViSual Observation of structural steel, concrete and metal pan decking are in good shape. Page 10 Page 11 CITY OF FEDERAL WAY - COMMUNITY CENTER FACILITIES CONDITION ASSESSMENT LOCKER ROOMS, SHOWERS, & CABANA AREAS PHOTOS OF EXISTING CONDITIONS Page 12 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Carr munity Center - Jc.Criorar ry 3ypsum Wallboard in the Cabs na. Federal VVC)l Community Center - Fioor Tiles iA Federoi Way Communrry-centei-Ruaii�g A/ietg;Studs - Tiles Foilino - CCU a: ;o -- Federai Woy Community Center - Moisture -soaked Wall Page 13 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center —Rusted Metal Stud Wall Assembly Federal Way Community Center— Unsealed, Broken, Loose Ceramic Tiles Federal Way Community Center — Moisture -soaked Wall Federal Way Community Center— Rusty Metal Access Panel to Utilidor Behind rw Page 14 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Unsealed, Loose Tiles I.A Federal Way Community Center — Shower - Cabana 2 r� � ��1 f � jj} /� J � ✓✓✓ f Federal Way Community Center — Moisture -soaked Walls Federal Way Community Center— Cabana 2 Page 15 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS I� mom` y �: 1tr:af.'aR NOOK wfI Federal Way Community Center— Base Deterioration at Cabanas Federal Way Community Center— Entry to Cabana 5 Federal Way Community Center— Shower in Cabana 5 Page 16 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center — Floor Mounted Toilet Partitions Federal Way Community Center — Entry to Cabana 2 Moisture -soaked. Federal Way Community Center — Entry to Cabana 4 Page 17 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Fed&dl Way Community Center — Metal Stud, GW8, Ceramic Tile Wall Assemblv Failure at Cabana 4 Federal Way Community Center— Deterioration, Safety, Hazard in Cabana W �'o�rrmuiiiiv ��rif�ar= �'irv'�`ti Cr: ' . Federal Way Community Center Pool — Tiles Foiling at Cabana Page 18 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center —Fluorescent Lighting Federal Way Community Center— Rusty, Undersized Supply Diffuser Federal Way Community Center — Wall Mounted Exhaust Federal Way Community Center - Overview of Typical Cabana Layout Page 19 0 17 !� �lf 'I jE a FEDERAL WAY COMMUNITY CENTER — WOMEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS 7 '-roi ii✓o: "oi;� unityCe�� Co edit r U;+ae�neutf Countertops Federol Flay Community Center- Deter'oraiing Wall- Koata Kaye ANAN -- r Feae c vvc,, on, un; ;, CenZc-r - c e ,%✓ali Co;;o ron Fc-derol 0,loy'enter-Sho✓de. FAreo Page 21 FEDERAL WAY COMMUNITY CENTER — WOMEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center — Base of Walr Deteriorating Federal Way Community Center— Central Area of Women's Locker Room Federal Way Community Center — Tiles Failing Federal Way Community Center — Typical Layout of a Locker Area Page 22 FEDERAL WAY COMMUNITY CENTER — MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center - 8use of Wall Cerornic Tile and GWB Deterioration v 1W I k - 6® ]AL11" Air TrMW rr � - a o *11;9m"-ai-,Woy Community Center- Centrol Area of Men',. Locker Room Federal i I6y Community Center - 9ose 7u [side Showers Federal way Community CeriTer-Exhaust Appears Undersized Page 23 FEDERAL WAY COMMUNITY CENTER — MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS 74 . r _, ._ , L! ? 1. . +• 1. y^®may®.yam.. i•'-�r . - l Federal Way Comm Unity Center - Ceramic Me Base and GWB Deteriorating Federal Way Community Center - Circulation Space Bose Woli Damage Federal Way Community Center- Ceramic Tile Damage Federal Way Community Center- Concrete Masonry Block Woll Paint Bubblina Page 24 4' W oS FEDERAL WAY COMMUNITY CENTER - MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Blocked Federal Way Community Center— Men's Locker Room Sinks and Countertops Ceilings Good Shape Federal Way Community Center — Men's Locker Room Area Rust and Deterioration Page 26 FEDERAL WAY COMMUNITY CENTER - MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Woy Community Center -- Men'5 Locker Rvorr; Area Wall base Condition Federal Way Community Center— Men's Shower Stalls — Soft Walls Behind in Locations Urinals - Tile Should Be Full Height Federal Way Community Center— Men's Shower Stalls Tile Deteriorating Page 27 P t I FEDERAL WAY COMMUNITY CENTER — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Fedorzr) ! ri- 1: r„iowr - Con'c• 4bove CeAing Hard Ducting Good But Undersized Federal Way Community Center — Above Men's Locker" Room — Space is Dry Locker Room GWB Water Resistant Board F11 Federal Way Community Center —Access Panel to Utilidor in Cabana — Signijicont Rust Page 29 FEDERAL WAY COMMUNITY CENTER — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center - 905e of Walls Retaining Moisture Federal Way Community Center — Men's Above Ceiling Terminal Exhaust Fon Ductwork Federal Way Community Center — Interior of Utilidor Walls -Back Side of Cabana Walls 7711 i00-0 1 Federal Way Community Center — Men's Area -Air Supply Diffuser Sign of Rust Page 30 FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS of Exhaust Appears Undersized Federal Way Community Center— Rooftop Exhaust Fan to Locker Room Areas Federal Way Community Center — Saturated Wall Insulation Wickino Water Page 31 FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Concjito Fedetol Way Community Center -Supply and Exhaust Metol Pon Concrete Unoer Floor Feder'ol IAiay Commun.iiy Center— UninsuJoted Copper Page 32 FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Failure Mtl Stud and GWB Federal Way Community Center— Utilidor Water Damage Conditions Cabanas and Men's Areas Federal Way Community Center— VAV Box Above Men's Area —Zone Conditionina Page 33 FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Deterioration Utilidor Behind Men's Showers Federal Way Community Center— Woll System Decay Utilidor Federal Way Community Center— Uninsulated Copper Condensate Potential Page 34 CITY of CITY HALL Fe d e ra I Wa Feder 8th Avenue South Federal Way, WA 98003-6325 �i (253) 335-7000 www.cayoffederahmy com EXHIBIT I A/E FIRM QUALIFICATIONS SUBMISSION PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 INNOVA architects FEDERAL WAY COMMUNITY CENTER LOCKER ROOM RENOVATIONS City of Federal Way Statement of Qualifications Architectural & Engineering Services INNOVA Architects 950 Pacific Avenue, Suite 450 Tacoma, WA 98402 253 572-4903 phone 253 572-4919 fax www.innovaarchitects.com 18 OCTOBER 2023 cover letter 18 October 2023 Re: City of Federal Way Community Center Locker Room Renovations Dear Autumn Gressett and members of the selection committee: INNOVA Architects is pleased to submit our qualifications illustrating our experience and confirming our interest in working with the City of Federal Way on the renovations of the Federal Way Community Center Locker Rooms. It would be an honor and a pleasure to work with you on revitalizing this treasured community asset. We are a full -service multi -discipline design firm located in Tacoma, WA. We provide architecture, civil engineering, structural engineering, land planning, and interior design throughout the Pacific Northwest and for federal projects nationwide. Performing architecture and engineering disciplines in-house results in streamlined design process, team coordination, and shorter project timelines. Our passion for solving complex problems brings great value to our clients. INNOVA is the region's recognized leader for Aquatics Planning and Design. We've planned, evaluated, renovated, and/or designed more than 250 aquatic and recreation projects over the past 50 years for clients all over Washington State and the Northwest. Based on my understanding of the current scope, I am submitting the qualifications for a small, but very experienced team: • INNOVA Architects —Architecture and Structural Engineering • GDM Engineers — Mechanical Engineers • Cross Engineers — Electrical Engineers • Med-Tox NW — Hazardous Materials Management • Rachael Bandli Interiors — Interior Design As demonstrated on the following pages, the team we've assembled provides the following assets to meet your needs: • Experience working with municipalities and public agencies • Extensive architectural and engineering expertise in the design of aquatics facilities from conceptual design through construction administration • A collaborative team with years of proven experience working together on this project type • Availability to begin immediately with a history of meeting established budgets and project timeframes This opportunity aligns with our long-lasting commitment to projects that improve our community. We look forward to the opportunity to work with you on bringing renewed life to the Federal Way Community Center so it can be enjoyed for years to come. If you have any questions or require additional information, please feel free to contact me directly. Respectively Submitted, Paul McCormick, PE, SE Principal -in -Charge Business Phone: 253.572.4903 paul@INNOVAarchitects.com INNOVA architects 1. firm overview —. ' ,- f �,_: -� —i �i , '�� .4 .sir • �{ r FIRM OVERVIEW Name: INNOVAArchitects (Self -Certified Small Business Enterprise) Address: 950 Pacific Avenue, Suite 450, Tacoma, WA 98402 Phone Number: (253) 572-4903 Website: www.innovaarchitects.com Contact Name: Scott Saladis, AIA Contact Email: ssaladis@innovaarchitects.com Date Established: 2011 (12 years in business) Firm Size: 22 INNOVA Architects is a full service design firm providing Planning, Architecture, Interior Design, Civil Engineering, and Structural Engineering. With the merger of INNOVA Architects and ORB Architects, we are able to preserve and maintain 50 years of experience and knowledge and expertise related to design for recreational and community facilities in the Pacific Northwest, while adding additional skills and capacity to serve our clients. We remain committed to making a positive impact on our communities through design innovation and management expertise. Our team has evaluated, designed, and/ or renovated more than 250 aquatic and recreation facilities over the past 50 years. Aquatic facilities are very specialized and must conform to specific health and safety requirements, while also being a comfortable and functional place for the public who will use it. We are experts in aquatic design and the related code issues surrounding these facilities. In addition, our decades of knowledge about how aquatic facilities function as part of the surrounding building systems allows us to offer guidance on topics such as condensation, humidity control, paint and preparation of carbon steel, corrosion prevention and indoor air quality. INNOVA architects ` 2. experience EASTMONT AQUATIC CENTER EAST WENATCHEE, WASHINGTON The Eastmont Aquatic Center was built in 1973 and most of the building systems were at the end of their useful life. The Pool is owned by the Eastmont Metropolitan Parks District and operated by the local YMCA. It is a heavily used pool, since it is the only full-sized indoor, year-round pool operating in the Wenatchee area. Retaining this resource for the community is vitally important. INNOVA Architects (previously ORB Architects) was selected in 2017 to follow up a past feasibility study and validate the program and budget. To accomplish this, we performed a full facility condition assessment and make recommendations for upgrades, based on the highest priorities and strategized to fit within the parks district budget. Subsequently, our team provided full design services for upgrades and additions to the facility. The upgrades included new all new HVAC systems, pool mechanical systems, and electrical upgrades - including lighting replacement. Additionally the scope included some renovation upgrades with a renovated lobby, and a new addition to serve the staffing needs. OWNER NAME: Sally Brawley Director of Parks & Recreation, Eastmont Metropolitan Park District 255 N Georgia Avenue, East Wenatchee, WA 98802 509.884.8015 1 sbrawley@eastmontparks.com SQUARE FOOTAGE: 16,306 SF 2 INNOVA architects 2. experience FIFE SWIM CENTER RENOVATIONS FIFE, WASHINGTON In 2006, INNOVA Architects (previously ORB Architects) was selected by the City of Fife Parks, Recreation and Community Services Department to help upgrade the Fife Swim Center in time for the city's 2007 Golden Jubilee Celebration. We provided architectural and engineering services for renovations and updates at the facility. The project includes the reorganization and expansion of the existing locker rooms and restrooms and remodeling and expanding the lobby and entrance areas to the Fife Swim Center. In recent years, we have continued to serve the Fife Swim Center's needs when they were looking to upgrade the pool deck and locker room surfacing. We worked closely with the pool staff to design and specify a resin flooring to go over a previously failing system. As part of our efforts the city requested that we prepare an in-depth analysis of resin flooring systems in order to evaluate the cost and durability in order to recommend the best value for the city. KEY PROJECT FEATURES: • Expanded Locker Rooms • New Family Changing Rooms • Additional Staff Office and Meeting Space • Upgraded Interior Finishes • New Reception Desk • New Mechanical Upgrade to Lobby Area • New Lighting OWNER NAME: Kurt Reuter, Director City of Fife, Parks, Recreation & Community Services 5411 23rd St E, Fife, WA 98424 253.896.86411 kreuter@cityoffife.org SQUARE FOOTAGE: 11,056 SF INNOVA 3 architects 2. experience MARSHALL COMMUNITY CENTER POOL VANCOUVER, WASHINGTON INNOVA Architects (previously ORB Architects) teamed with Jess Barksdale to help evaluate, recommend, and execute upgrades to the existing Marshall Community Center Pool. The original pool was built in 1964, with multiple renovations and upgrades since that time. A primary motivation for the project is to relocate the pool mechanical room from its original location, which was in a confined space and difficult to maintain, to an entirely new location that would facilitate easier maintenance, as well as provide for standardized maintenance procedures with their newer community pool across town. Additionally, the parks staff requested renovations to an existing Family Changing Room and Lifeguard area so that (2) additional Family Changing Rooms and (2) ADA restrooms could be added for pool users. Based on a full evaluation of the pool facility, we provided specific recommendations that aligned with the budget. Scope items include replacing the entire pool gutter system, replacing the Main Drains to be VGBA compliant, re -building much of the pool deck area for better drainage, building a new pool mechanical system (including a surge tank, filters, pumps and chemistry control), and a small exterior addition for the pool chemicals. The construction cost for the project was $3.2 Million. The project was completed in 2017. OWNER NAME: Jon Sears, PMP, Facilities Capital Projects Manager P.O. Box 1995, Vancouver, Washington, 98668 360.487.8319 1 jon.sears@cityofvancouver.us SQUARE FOOTAGE: 30,905 SF 4 INNOVA architects 2. experience CITY OF ISSAQUAH JULIUS BOEHM POOL ISSAQUAH, WASHINGTON INNOVA Architects (previously ORB Architects) provided design and construction administrative services for the renovation and small addition of added family changing rooms, to the Julius Boehm Pool, located downtown Issaquah. Originally construction in 1971, this pool was in need a complete pool tank refinishing and much needed Mechanical and Electrical upgrades, as well as new finishes throughout. PROJECT SCOPE: • Evaluation of Existing Facility • Field Investigation and Analysis • Interior Design Analysis • Pool Tank Code Analysis • Pool Mechanical System Analysis • Cost Estimation • Recommendation and Report • Full Design Services • Value Engineering • Construction Administration OWNER NAME: KEY PROJECT FEATURES: • Swimming Pool Tank Refinishing • Dressing Room Expansion • New ADA and Family Changing/Rest Rooms • New Interior Finishes, ie. Carpet, Paint, Tile, Accessories, Partitions and casework • HVAC, Plumbing and Electrical Systems replacement/repair • Swimming Pool Mechanical Systems replacement/repair Ric Patterson, City of Issaquah Facilities Operations Manager PO Box 1307, Issaquah, WA 98027 425.837.3375 SQUARE FOOTAGE: 18,231 SF INNOVA 5 architects 2. experience SHERIDAN FITNESS CENTER RENOVATION JOINT BASE LEWIS MCCHORD, WA INNOVA provided architectural services for the repairs and replacement of Toilets, Locker Room facilities and Cross Training Areas, and Entry Lobby/Desk at Sheridan Fitness Center, Building 3759 on JBLM. The repair of the facility included the gutting and complete repair of the toilets and locker room facilities including plumbing, piping and fixtures, flooring, painting, lighting, lockers, saunas, and partitions. Hallway restroom facilities were also repaired to meet ABA. Improvements were made to the lobby area, including new flooring, ceilings, reception desk and associated utilities. The renovation included the construction of a new Cardiovascular, Strength and Functional Fitness "CrossFit-style" Training Area. The design included overlaying the wooden gym floor in the gymnasium with'/z" rolled rubberized permanent impact flooring and structural modifications to provide for opening pathways in the common wall between the gymnasium and the functional fitness room. A new fire suppression system was also installed throughout. OWNER NAME: USACE JBLM Jodie S. Ramsey 253-208-9713 jodie.s.rainsey@usace.army.mil SQUARE FOOTAGE: 21,353 SF 6 INNOVA architects 2. experience EXPERIENCE WITH WSDOT STANDARD SPECIFICATIONS While the bulk of our experience working with WSDOT Standard Specifications is centered around the Local Agencies Guidelines manual as it relates to Federal Highway Administration (FHWA) funds for transportation projects, we are also familiar with the standard WSDOT specifications. In addition to our Pool and Aquatic resume, INNOVA is also a leader in the planning and design of logistics centers in the area. Because of the size and quantity of trucks moving freight in and out of these facilities, many of the requirements for these projects mimic those listed in the standard WSDOT specifications. Much of our experience working on federally funded, local agency projects has taught us that it is critical for design documentation to follow the procedures outlined in the WSDOT Local Agency Guideline (LAG) manual. In addition, protocol and reporting guidelines must be followed for each phase of the project, including contracting, design, environmental analysis, permitting, and construction. Our team members are well -versed in using the LAG manual and FHWA design procedures, having worked with them for decades. We work in accordance with the most recent WSDOT Design Manual, Standard Plans, Traffic Manual, and Standard Specifications to prepare designs for intersection geometrics and channelization, traffic signals, traffic calming, roundabouts, and roadway signage. In addition, protocol and reporting guidelines must be followed for each phase of the project, including contracting, design, environmental analysis, permitting, and construction. In addition to our use of WSDOT standard specifications, our team is also well -versed in the use of other types of standardized construction specifications, specifically the Unified Facility Guide Specifications (UFGS). The bulk of our Department of Defense work utilizes the UFGS for all Multiple Award Task Order Contracts (MATOC), requiring our design team to review and edit each section accordingly to meet specific project needs. INNOVA 7 architects 2. experience COMMUNITY CENTER EXPERIENCE 1NNOVA Architects has designed and renovated more than 50 community projects throughout the past 20 years. This experience includes multipurpose meeting facilities, arts and craft areas, dining rooms with commercial kitchens, gymnasiums, laundry facilities, locker room and shower facilities, teen centers, child care areas and senior centers: PROJECT NAME SQUARE FOOTAGE ESTIMATED COST ACTUAL COST Algona City Hall and Community Center 17,000 SF $4,580,694 $4,204,000 Lake Wilderness Park Beach House 2,800 SF $1,599,532 $1,730,485 Metro Parks Tacoma Nature Center 5,445 SF $1,936,892 $2,219,495 Metro Parks Tacoma People's Community Center N/A N/A N/A Metro Parks Tacoma Portland Ave Community Center 7,100 SF $86,458 $82,004 Metro Parks Tacoma South Park Community Center N/A N/A N/A Kent Senior Activity Center 3,900 SF $ 427,000 $425,000 PUBLIC PROJECT EXPERIENCE Approximately 50% of our company's project experience is in the public sector. However, our aquatics and recreation portfolio is nearly all with public agencies. We have worked with dozens of municipalities and public agencies across the State of Washington. Decade after decade major government agencies keep coming back to us and hiring us to do their work. All that proves a long-term track record to understand the needs of government agencies and publicly funded projects following a public process, where quality, schedule and budget matter and cannot be compromised. PROJECT NAME ESTIMATED COMPLETION DATE ACTUAL COMPLETION DATE ESTIMATED COST ACTUAL COST Eastmont Aquatic Center Renovations January 2020 February 2020 $2,765,000 $2,593,000 Fife Swim Center Renovations November2007 October 2007 $767,624 $750,000 Marshall Community Center Pool June 2017 August 2017 $2,997,051 $2,864,357 City of Issaquah Julius Boehm Pool August 2015 August 2015 $4,779,720 N/A Sheridan Fitness Facility March 2017 March 2017 $1,829,546 N/A Covington Aquatic Center Condition Assessment June 2018 June 2018 $7,725,000 N/A Vashon Pool Assessment and Upgrades October 2017 October 2017 $2,032,241 N/A City of Shoreline Pool Analysis and Repairs May 2015 May 2015 $595,678 $602,237 Seattle Parks & Recreation Colman Pool Renovation N/A N/A $965,858 $985,000 Stewart Heights Community Pool and Recreation Facility N/A N/A $2,186,500 $1,899,851 Metro Parks Tacoma Three Spraygrounds N/A N/A $1,572,947 $1,637,265 Spokane Valley Three Swimming Pool Additions June 2009 June 2009 $2,097,283 $2,903,247 Tukwila Pool Renovations February 2013 March 2013 $3,575,656 N/A 8 iNNOVA architects 3. personnel DESIGN TEAM INTRODUCTION INNOVA Architects will serve as the lead planner and architectural consultant throughout this project. Project Manager and Architect, Scott Saladis, will act as the primary point of contact for the City of Federal Way. He will implement the organizational structure for whole team coordination and assuring schedule compliance. Scott will be ably assisted by Lead Structural Engineer, Steve Hall. We have enlisted the resources of a first-rate team of trusted designers and consultants who will deliver the most attractive, effective, and economical solutions for the Federal Way Community Center. Collectively, we all share the perspective that teamwork is crucial for achieving high -quality service and excellent results. Our team includes effective project managers who enjoy being collaborators with clients. Each has an outstanding record of earning clients' trust and developing effective solutions to meet and exceed project objectives. This is our preferred team for aquatics projects. We have worked together on dozens of community, recreation, and aquatics projects over the past decade and have strong working relationships. INNOVA ARCHITECTS Scott Saladis, AIA - Project Manager / Lead Architect Steve Hall, PE - Structural Engineer GDM ENGINEERS Jesse Barksdale - Mechanical Designer CROSS ENGINEERS Brice Anderson - Electrical Designer IVIED-TOX NW Anthony Fullerton - Hazardous Building Materials Management Jon Havelock, CSP, CHMM - Hazardous Building Materials Management RACHAEL BANDLI INTERIORS Rachael Bandli - Interior Designer INNOVA 9 architects 3. personnel SCOTT SALADIS, RA Project Manager / Architect Registration: Architect - WA (#21004065), ID (#AR-987138) Education; Completed IDP through NCARB - 2016 AAS in Design - 2001 Experience in Profession: 22 years Scott has over 20 years of experience in the industry, working as both a contractor and a designer on a wide range of projects, including aquatics and recreation, residential homes, multi -family housing, tenant improvements, and a variety of military projects. As a design professional and Project Manager, he has been involved in many aspects of projects, from Schematic Design through Construction Administration. Scott is responsible for team workflow and project infrastructure, along with consultant and client coordination. With his dual experience as both a designer and contractor, Scott understands efficient workflow, strong design, and innovative problem solving are keys to a successful project outcome. Eastmont Aquatic Center I East Wenatchee, WA Building and Site Investigation, Design, Cost Estimate for Modernization Seattle Tennis Club Pool I Seattle, WA Site Investigation, Cost Estimate, Design, Construction Administration Covington Aquatic Center Condition Assessment I Covington, WA Building Investigation and Assessment, Cost Estimate Fife Swim Center Renovation I Fife, WA Design, Cost Estimating and Construction Administration for Renovation Marshall Community Center Pool I Vancouver, WA Facility Evaluation, Cost Estimate, Design for Upgrades and Repairs Issaquah Julius Boehm Pool Renovations I Issaquah, WA Pre -Design, Final Design and Construction Administration. ESCO funding City of Shoreline Pool Analysis and Repairs I Shoreline, WA Assessment Study, Cost Estimate, and Construction of Repairs Chelan Aquatic Feasibility Study and Conceptual Design I Chelan, WA Feasibility Study, Site Analysis, Conceptual Design, Cost Estimate, and Pro Forma Analysis Seattle Parks & Recreation 3 Building Evaluations: Magnuson Park Community Center, Madrona Spectrum Dance Studio, and Discovery Park Daybreak Star Center I Seattle, WA Physical Needs Assessments, Cost Estimates and Recommendations for Planning Efforts Seattle Parks & Recreation Condition Assessments and Analysis: Lake City, South Park & Magnolia Community Center I Seattle, WA Physical Needs Assessments, Cost Estimates and Recommendations for Planning Efforts Metro Parks Tacoma People's, South Park, Portland Avenue, and Snake Lake Community Centers Tacoma, WA Building Investigations, Pre -Design, Cost Estimating, Final Design, and Construction Administration for Renovations Lacey Senior Center Renovation I Lacey, WA Building Investigation, Pre -Design Community Workshops, Cost Estimating, and Value Engineering Kent Senior Activity Center Renovation I Kent, WA Design and Construction Administration Community Recreation and Aquatic Center Feasibility Assessment I South Whidbey Island, WA Site Analysis, Cost Estimating, Public Charette, Conceptual Design 10 INNOVA architects 3. personnel STEVEN G. HALL, PE Structural Engineer Registration: PE — WA Structural Engineers Association of Washington (SEAW) - Seattle Education: Bachelor of Science, Civil Engineering Colorado State University, (1983) Experience in Profession: 35 years Steven Hall has extensive experience in the preparation of structural engineering calculations and detailed designs for commercial, institutional, and industrial projects. Relevant Project Experience: RMC ROOF STUDY B2452 1 FAIRCHILD AFB, WA Steve was the Structural Engineer for the structural analysis and concept design scenarios to determine locations of leaks and how to rectify the leaks before any damage could occur to the newly renovated Red Morgan Center, an administrative building at Fairchild Air Force Base. STRUCTURAL AND SEISMIC STUDY B2249 1 FAIRCHILD AFB, WA Steve was the Structural Engineer for the structural analysis and concept design scenarios to determine locations of leaks and how to rectify the leaks before any damage could occur to Building 2249, an administrative building at Fairchild Air Force Base. SPRINKER RECREATION CENTER REDEVELOPMENT I TACOMA, WA Public Master Planning process for a recreation center and park. The design includes a natural turf to synthetic turf field conversion for six ballfields, playground, fitness park, spray park, plazas, public art, improved rock climbing facilities, and expanded multi -use public event lawn. LAKE WILDERNESS PARK BEACH HOUSE I MAPLE VALLEY, WA Steven was the structural engineer for this 2,700 SF beach house facility for the City of Maple Valley Parks & Recreation. The facility includes concessions, lifeguard offices, boat rental and storage, maintenance storage, and restrooms. CHILD DEVELOPMENT CENTER STRUCTURAL ASSESSMENT I DETROIT ARSENAL, MI Structural Engineer for the assessment of a child development center. The work involved providing on -site analysis of several roof framing and structural issues, evaluating data and drawings, identifying deficiencies in the structure, designing the repair, and preparing a cost estimate for repairs. This high priority assessment and the resulting recommendations were completed within 14 days. ULINE DISTRIBUTION CENTER I LACEY, WA Structural Engineer for an insulated concrete panel tilt -up structure. Perimeter concrete tilt -up shear walls working together with two lines of internal concentric steel braced frames provided the lateral support for the structure. A single story office concrete tilt -up panel structure was designed at the eastern end of the building. The project also included design of several areas of tenant improvement structures within the interior of the building. Support services were also provided to the contractor throughout the construction of the building. WASHINGTON TRACTOR T.I. I SUMNER, WA Steve provided structural services for the T.I for this John Deere dealership for Washington Tractor to include space for office, retail, showroom, parts and service, and a large outside area for farm implements inventory. INNOVA architects 3. personnel JESSE BARKSDALE Mechanical Project Manager EDUCATION Mechanical Engineering Design, Clover Park Technical College, Tacoma, WA LICENSES/REGISTRATIONS LEED AP - 2009 LEED AP BD+C - 2011 ASPE CPD - 2020 FAA Part 107 ASSOCIATIONS American Society of Plumbing Engineers (ASPE) American Society of Heating, Refrigeration, & Air -Conditioning Engineers (ASHRAE) BACKGROUND Jesse Barksdale is the head of the mechanical engineering department of GDM of Oregon. -He has been providing design and project management for engineering projects for 24 years. He has participated in evaluation, design, estimating, and construction management for projects in Alaska, Arizona, Colorado, Idaho, Oregon, and Washington. He has also led multi -disciplinary project teams for a variety of projects large and small. With over200 pool mechanical projects in his personal portfolio of experience, his depth of knowledge and skill has made him the engineering consultant -of choice for many local parks departments and facility owners. These projects have included work on community centers, aquatic facilities, spray parks, water features, and swimming pools. His scope of expertise includes HVAC, plumbing, and pool mechanical systems for these facilities. RELEVANT EXPERIENCE * Bellevue Club Pool Renovations. Bellevue, WA ) Hotel/club pool renovations (2014, 2015, 2016, 2017, 2018) * Cottage Lake Pool. Woodinville, WA ) Pool mechanical system upgrades (2013, 2015, 2016, 2017, 2018) Eastmont Aquatics Center Analysis & Design. East Wenatchee, WA ) Pool HVAC and recirculation system replacement, plumbing systems (2017) * Julius Boehm Pool. Issaquah, WA ) Complete plumbing, HVAC, natatorium HVAC, and pool mechanical system replacements (2014) * King County Aquatics Center. Federal Way, WA I Natatorium HVAC, recreation pool design, pool circulation systems, plumbing systems (2004, 2005, 2006, 2012, 2013, 2014) * Lindbergh High School Pool. Renton, WA ) Complete plumbing, HVAC, natatorium HVAC, and pool mechanical system replacements (2013) * Lynnwood Recreation Center HVAC. Lynnwood, WA ) Natatorium HVAC upgrades (2012) * Marshall Pool Analysis & Design. Vancouver, WA ) Complete replacement of pool mechanical systems (2016) * Norpoint Centre Improvements. Tacoma, WA ) Natatorium HVAC, pool recirculation system and filtration system replacements (2007) * Redmond Downtown Park. Redmond, WA ) New spray park and water feature systems (2016) Redmond Pool. Redmond, WA ) Pool mechanical, HVAC, and plumbing upgrades (2019) * SERA Spray Park. Tacoma, WA ) New spray park and restroom facility (2012) Washington Athletic Club VGB. Seattle, WA ) Pool mechanical upgrades (2015, 2019) William Shore Pool Renovations. Port Angeles, WA I Natatorium and support space HVAC replacement, plumbing system replacement, pool mechanical system updates (2012 and 2019) 12 * Project completed with prior firm. Brice Anderson Electrical Designer EDUCATION Bates Vocational School Associates of Technology EMPLOYMENT 2002 - Present Cross Engineers, Inc BACKGROUND Mr. Anderson has several years of experience. Mr. Andersons responsibilities have included field verification of existing electrical/communications systems in buildings, site utilities, design for relocation/reconnection/upgrade of existing electrical/communications infrastructure and construction administration of projects. 3. personnel SELECTED PROJECTS F� LYNNWOOD RECREATION CENTER AND NATATORIUM, LYNNWOOD WA Cross Engineers provided electrical engineering design for new mechanical system upgrades, lighting review and evaluations of the existing North and South Natatoriums. This Recreation center is 45,000 square feet consisting of leisure pool, water slides, lazy river, exercise/fitness space, racquet ball courts, locker rooms and support facilities. CHEHALIS TRIBE COMMUNITY CENTER - CHEHALIS, WA Cross Engineers was responsible for the electrical design of this 55,000 square: foot community center consisting of two (2) regulation basketball courts, pool, spa, kitchen, gathering area, classrooms, offices, computer labs and _ Tribal Arts storage. Exterior recreation_ -' areas include a basketball court and two (2) future regulation baseball/softball fields. This facility also functions as a Tribal Disaster Center with stand-alone utilities capable of three weeks sustained 24 hour operations. FORWARD THRUST POOL LIGHTING UPGRADES - SHORLINE AND ISSAQUAH Cross Engineers responsibilities included design of lighting upgrade to LED's for code compliance, along with energy and maintenance reduction savings. AQUATIC FACILITY ASSESSMENT PROJECTS: • City of Dayton Pool Assessment (exte(or pool & building) • Covington Aquatic Center Assessment • Shelton Pool Assessment and Upgrades • Vashon Island Pool Assessment • Shoreline Pool Assessment ADDITIONAL POOL EXPERIENCE: • William Shore Memorial Pool • Lazy River Float Center • Marshall Community Center • Centralia Spa Replacement • Eastmont Aquatic Center 13 3. personnel Area of Expertise Hazardous Building Materials Management Years of Experience 33 Education Construction Management Certificate, University of Washington Registration Certified Safety Professional Certified Hazardous Materials Manager Jon Havelock, CSP, CHMM Hazard Analysis Project Manager Mr. Havelock is a Certified Safety Professional and Hazardous Materials Manager with 33 years consulting experience in safety, industrial hygiene, and environmental health and safety evaluations and compliance efforts. He specializes in hazardous material investigations (mold/asbestos/lead/PCBs), remediation plans and oversight, and general industrial hygiene, safety and environmental evaluations. He is a specialist in government contracting with extensive experience performing county related hazard analysis, safety and environmental services associated with building renovations and demolition. Relevant Project Experience King County Environmental Hazards On -Call Contract. Seattle, Washington. 2014 - 2019. $197,000.00. As a subconsultant to Herrera Environmental Consultants, Mr. Havelock performed and managed the hazardous building materials component of this on -call services contract. Mr. Havelock provided scope and fee for 57 work orders and managed each project for Med-Tox Northwest. AHERA Building Inspector Port of Tacoma A/E On -Call Contract 070602, Tacoma, WA. $16,000.00. AHERA Management Planner 2018 - 2019. As project manager, Mr. Havelock managed asbestos and AHERA Project Designer lead/heavy metals surveys for three different projects and twelve AHERA Asbestos Supervisor buildings as a subconsultant to Helix. He also provided abatement California Asbestos Consultant specifications for each project. EPA Lead -Based Paint Risk Assessor King County Environmental Hazards On -Call Contract, Seattle, 40-Hour Hazardous Waste Operations Washington. 2009 - 2014. $154,000.00. Mr. Havelock performed and and Emergency Response OSHA 29 CFR managed the hazardous building materials component of this on -call 1910.120 services contract. Mr. Havelock provided scope and fee for 17 work orders and managed each project for Med-Tox Northwest. Pierce County Courts Renovation, Tacoma, WA 2018 - 2019 $15,000.00. Renovations on the 5th and 6th floors of the Pierce County/City Building B for Pierce County Courts required updates to the existing hazardous material surveys and AutoCAD design drawings for abatement. Mr. Havelock performed field survey/ sampling, report writing and abatement design for these renovation projects. Lynnwood Link Extension Early Work Packages L115/L200/L300, ■ Extensive experience on high profile, public projects with multiple Lynnwood, WA. $357,000.00. 2018 - 2020. Mr. Havelock managed the stakeholders hazardous materials abatement process for 121 Sound Transit owned properties. Services included contractor submittal review, asbestos ■ In-depth knowledge of safety and environmental regulations abatement oversight, and QA/QC for Underground Storage Tank removal. ■ Extensive County project experience Federal Way Link Extension Phase II, Federal Way, WA. $215,000.00 ■ Trainer for Safety and Hazardous 2017-2018. Mr. Havelock was responsible for hazardous building Materials materials investigation services for this HDR Engineering contract. Managed personnel performing hazardous materials surveys in 79 buildings scheduled for demolition. Provided abatement estimates and survey pricing. 14 �,_.. _ .INC.'N IJED-TOX N O R T 3. personnel Area of Expertise Anthony Fullerton Hazardous Building Materials Hazardous Building Materials Project Manager Management Mr. Fullerton has provided on -call hazardous building materials related services at Med-Tox Northwest for the last 23 years. He has performed Years of Experience hazardous building material surveys continuously for 23 years and has 27 inspected over 330 residences and 845 commercial and industrial buildings. He understands building construction and where these hazardous materials are typically in and is proficient at regulatory Credentials compliance and reporting. He also provides abatement design, B.A., Environmental Studies consultation. and Natural Resources, Pacific Lutheran University Relevant Project Experience AHERA Project Designer Snohomish County 2019 - 2021 On -Call Consulting Services; AHERA Building Inspector Engineering - Hazardous Materials Survey. 2019 - 2021. $11,736.49. Certified Lead -Based Paint Risk Mr. Fullerton performed HBM surveys for three task orders on this on - Assessor call contract. Renovations included a district court building and a X-Ray Fluorescence Radiation juvenile detention facility. Survey documentation included written Safety Training reports with AutoCAD sampling and material location drawings and 40-Hour Hazardous Waste abatement cost estimates. Operations and Emergency Response OSHA 29 CFR Snohomish County On -Call Consulting Services, Everett, WA. 1910.120 $17,000.00. February 2009 - January 2015. Mr. Fullerton was responsible for managing these two contracts and performed 18 different asbestos and lead -based paint surveys as part of pre -demolition activities for Snohomish County. Survey documentation included written reports with AutoCAD sampling and material location drawings and abatement cost estimates. Snohomish County On -Call Consulting Services, Everett, WA. 2011 - 2013. $25,756.46. Mr. Fullerton was responsible for managing this on - call contract and performed on 11 different asbestos and lead -based paint surveys as part of pre -demolition activities for Snohomish County. Scope of work included asbestos, lead -based paint, polychlorinated biphenyls and other hazardous materials. Mr. Fullerton also provided abatement cost estimates to Snohomish County. RTAAE 107-14 ROW On -Call AE Environmental Services, In Seattle/Lynnwood, WA. $250,000.00 - 2020. Mr. Fullerton served as the Experienced providing requested services for Counties. CDM subconsultant responsible for Hazardous Building Materials (HBM) on -call services for the Bellevue 335 Link and Lynnwood Link r In-depth knowledge of safety and project in Lynnwood, Washington. His duties included field survey environmental regulations related to hazardous building materials. activities, report writing, and abatement cost estimating. R Responsive to client needs . and Federal Way Link Extension Phase II, Federal Way, WA. $215,000.00 schedules. 2017-2018. Mr. Fullerton performed hazardous building materials ■ Building demolition specialist for investigation services for this HDR Engineering contract as a identification and abatement of subconsultant to GeoEngineers. hazardous materials. F ¢tiJnlpl:'c^;1 µ(fpy[i INC..IN 15 +�ED-TOX !'!0 R 1 H W E S T 3. personnel RACHAEL BANDLI, NCIDQ, LEED AP Interior Designer Registration: NCIDQ, 2013, Ceritificate No. 29776 LEED Accredited Professional, 2008 Education: Seattle Pacific University, 2007, Bachelor of Arts - Interior Design Experience in Profession: 15 years Rachael has over fifteen years of experience in the practice of Interior Design, focusing on all phases of schematic planning, construction documents, and construction administration. Rachael also c0ers Structural Interior Design (SID) packages to prepare a Comprehensive Interior Design (CID) submittal. She specifies building finishes that comply with health, safety, and public welfare, while also helping achieve I FFD credits. Relevant Project Experience: FY20 PN 1014550 CONSTRUCT CONSOLIDATED (TFI) FLIGHT BASE OPS FACILITY I FAIRCHILD AIR FORCE BASE, WA Worked diligently with WJA Design Collaborative to prepare furniture plans, room data sheets and a design analysis as part of developing the Design -Build solicitation package for the FY20 Construct Consolidated (TFI) Flight Base Operations Facility at Fairchild AFB. The scope included designing a 62,258 gross square foot facility to consolidate the mission -essential functions of the 92d Operations Group (92 OG), 92d Operations Support Squadron (92 OSS), 141 st Operations Group (141 OG), 141 st Operations Support Squadron (141 OSS), 116th Air Refueling Squadron (116 ARS), and Aircraft Flight Equipment (AFE) personnel. Co -locating mission -essential functions of each wing in the new facility contributes to Total Force Integration (TFI) by providing a facility that leverages the capabilities of both active and reserve military components. Estimated Construction Cost: $35.9M FY20 DESIGN -BUILD JOINT SIMULATION ENVIRONMENT (JSE) FACILITY I NELLIS AIR FORCE BASE, NV Responsible for providing a Comprehensive Interior Design (CID) package for the JSE (Building 1733) new construction, 50,967 SF single -story building. The building is comprised of unsecure areas with offices, conference rooms and various administration functions as well as secure areas with training rooms, high fidelity cockpit rooms, briefing rooms, and an auditorium. RED FLAG BUILDING 201, 5TH GENERATION ADDITION I NELLIS AIR FORCE BASE, NV Responsible for providing a Comprehensive Interior Design (CID) package for the Red Flag addition. Red Flag Exercises are opportunities for p0ots to receive advanced training, working with pilots from different service branches and different nations. The addition was 42,400 SF and consisted of a large, 396-seat auditorium and two smaller auditoriums that functioned as professional gathering areas critical to the Red Flag Exercise. Construction Cost: $23,308,062 E-3G MISSION AND FLIGHT SIMULATOR TRAINING FACILITY I TINKER AIR FORCE BASE, OKLAHOMA CITY, OK Provided Interior Design services for the 51,150 SF E-3G Mission and Flight Simulator Training Facility that will serve the training requirements of the 552nd Air Control Wing. The building is comprised of unsecure and secure areas, with classrooms, instructor offices, and specialized training areas. Construction Cost: $24,633,000 (design -build total contract value) USACE DISTRICT, ALASKA I LEED SILVER, EIE326 168 PERSON DORMITORY I BELSON AIR FORCE BASE, AK In collaboration with WJA Design Collaborative, Rachael was responsible for specifying interior finishes to coordinate with end -user requirements and creating a Comprehensive Interior Design (CID) package to coordinate with the building finishes for a three-story, 5$,896 SF, 168-person dormitory. Cost: $75,000 (Design); $34,087,541 16 4. approach PROJECT PLANNING The Programming Phase will involve the formal documentation of your expectations and definition of success for your project. We start this process by assessing needs from the information gathered through public meetings, stakeholder interviews, and other users and constituents. This important step will identify needs, goals, constraints and opportunities for your project, resulting in a methodology that has proven vital in defining the program and functionality. Determining the specifics of the programming will entail consideration of space allocations, space relations, and prioritized items in diagrammatic plans. We outline advantages and disadvantages of multiple options in order to guide good decisions. As your consultant, we lend our expertise to the collaborative planning process, while always keeping in mind the needs over time, the location of the facility, and overall operations. We hope to have the opportunity to work with you to further understand your project goals and come up with unique and interesting ways to maximize the space in order to provide the most benefit to the users. SITE INVESTIGATION/ INFORMATION GATHERING Prior to starting any design work, INNOVA's team will meet with representatives from the City of Federal Way to identify the problem areas of the existing facility and related mechanical systems, discuss the overall goals for the project and finalize the overall project schedule. Our team will review any existing documentation that is available from the City, such as existing drawings, Operations Manuals, Maintenance Records and the previously completed condition assessment. Once the overall scope is defined, INNOVA and our design team will conduct a site visit to evaluate the facility. INNOVA will work with our design team to evaluate different design alternatives and approaches to issues discovered. We have found that there is often more than one way to approach an issue, with varying pros and cons to be considered. We will work with our team to present these to the City so that the best value for the project can be determined. Our team will also spend time on site documenting and recording physical conditions and completing a Washington Administrative Code (WAC) checklist for the existing pool facility. In order for our time spent on -site to be most beneficial, we request that a representative of the facility maintenance staff be available during this investigation. DESIGN CONCEPTS During Schematic Design, we will work with the City to define the look and feel for the project and start addressing any issues related to existing conditions. We will discuss materials, detail, and design concepts with the City at all points during Schematic Design. Additional tasks include: • Design: mechanical options, elevation and section sketches to develop a preferred design • Preliminary systems design (heating, plumbing, etc) • Develop Area of Magnitude Cost Estimate • Progress meeting with the City Based on owner and team coordination feedback, INNOVA will begin developing an Area of Magnitude Cost Estimate during this phase. This will also act as a record of the process and final determination of scope. Based on this final scope and project budget, we will further develop the cost estimate as it relates to the next (2) phases — Design Development and Construction Documents. INNOVA 17 architects 4. approach SCHEMATIC DESIGN AND COSTS ESTIMATES INNOVA will develop schematic designs and renderings of the concept designs. The Schematic Design Phase will further develop the Conceptual Design from the Programming Phase. Schematic plans and sections showing critical dimensions and features, including a design narrative. We will design and present a few conceptual designs for review by the selection committee, which will consist of colorful plans that explain the program in order to give decision -makers an accurate idea of the renovations. INNOVA uses Building Information Modeling (BIM) technology in our design process through the use of Revit software. Revit uses three dimensional, real-time, dynamic building modeling software that allows us to visualize a design more quickly and easily than ever before and subsequently convey that to the project owner and stakeholders. In addition, it can carry through to our construction documents and consultant coordination when the project moves forward. We will present detailed, site -specific construction costs, showing line -item costs for each proposed space. The overall facility capital cost is the overall picture of how much the project will cost including construction, permitting, design fees and necessary contingency costs. The project cost is designed to include all related costs for the project so you aren't surprised down the road. We also contemplate the cost impact of including various sustainability elements into the design. The key factor here is consideration of both development costs and life -cycle costs of the sustainable practices and products implemented. This is critical, not only to the overall health of the building, but it also serves as a good preventative maintenance measure. DESIGN DEVELOPMENT Once a direction is chosen, we will move to design development. In Design Development, we further detail the design and decisions established in the Schematic Design phase, with tasks to include: • Detailed plan and elevations indicating tile layouts • Building and Health Department Code analysis (meeting with officials) • Coordination of Mechanical, Electrical and Plumbing layouts • Prepare outline Specifications • Further development of Estimate of Probable Costs PERMITTING We are very familiar with local environmental processes, ordinances, and procedures. We stay current with city policies in order to provide the most accurate and expeditious service to our clients. We have established this understanding through our work with and for city agencies, other public agencies, and private developers. We are also experienced in the permitting processes for civil, stormwater, SEPA, Department of Health and other local, state, and federal permitting agencies. We find that meeting early with city and county officials and satisfying all pre -submittals reduces surprises when the project is submitted for review. We will meet with City of Federal Way Development Services early on to coordinate requirements and ensure we were in compliance before progressing into design development. We then touch base with them periodically throughout the project. Submitting for permits while we are finishing construction documents has been a successful approach for us before. 18 INNOVA architects 4. approach INNOVA has permitted hundreds of aquatic related projects in Washington State without difficulty; including some non-standard designs. Our expertise regarding WAC 246-260 (the State Pool Code) also helps us navigate around potential issues and take care of them before they become a design or permitting problem and we endeavor to work with those officials to address any possible questions or concerns early on in a project, in an effort to help lower the potential design and financial impact of any reviewer -requested changes. CONSTRUCTION DOCUMENTS This phase includes finished drawings and specifications prepared for construction. Finish detail design and final color and material selections will be defined. Final review and adjustments to the construction cost estimate will be made. • Finalize Drawings with details and schedules • Prepare code worksheets and notes • Final coordination of all consultant scopes of work • Final Specifications and Project Manual • Permitting and Department of Health Review INNOVA will provide the required set(s) of documents in order to apply for the building application and application with the Department of Health. We can act as your representative in the permit review process, but have assumed fees would be paid for by the City. COMPETITIVE BID PROCESS We have assumed that this will be bid to eligible contractors for construction. If a General Contractor is selected for this project, rather than a contractor specializing in pool renovations, we would still imagine that key components, such as the mechanical systems, etc. will be bid. We are familiar with most of the capable pool contractors in the state, and can make recommendations if desired. During the contractor selection/ bidding'period, INNOVA will support the City by responding to bidder questions and issuing the appropriate addendum. CONSTRUCTION MANAGEMENT AND PROJECT CLOSEOUT During construction, INNOVA will act as your support team, helping streamline the process; acting as your agent, assistant and advisor. We are there to help make sure that the vision we have developed together is fully realized as you intended it. Generally, we like to schedule regular meetings on site, to provide a time and a structure for questions, answers, and clarifications of details. For this project, we estimate one (1) visit to the site per month of the construction period, with all other OAC meetings taking place either by teleconference or video call. Also assumed for this task will be a site visit to establish substantial completion and provide a final punchlist of items to be completed by the contractor. Specific responsibilities may include: • Site visits to check progress, quality, and adherence to construction documents • Submittal reviews: shop drawings and sample review • Answering RFI questions and clarifying and interpreting the construction documents • Review, approval, and forwarding of contractor's applications for payment • Determination of substantial completion • Preparation of punch list of incomplete work • Completing the final walkthrough • Project closeout coordination INNOVA 19 architects 20 4. approach r 4 KING COUNTY AND FEDERAL REQUIREMENTS INNOVA is constantly working on projects located in King County and is familiar with King County permitting procedures. INNONA's key managers have decades of experience designing projects and working with all forms of agencies which become involved in permitting projects across a wide range of areas. Our team designs all of our projects to comply with all national and local codes and standards. On Federal projects, our designs are required to adhere to the Uniform Federal Accessibility Standards (UFAS) and ADA Standards for Accessible Design (to conform to Section 504). We are also familiar with the standards as outlined in ANSI 117.1 For example, on a recent project for King County Housing Authority, we were tasked with converting housing units so they were accessible to residents with disabilities. In this case, some of the changes involved reconfiguring the ground -floor units and replacement of doors to achieve minimum maneuvering clearances. Addition of grab bars and ADA-compliant toilets and sinks as well as converting tubs to roll - in showers were required in all restrooms. General revision to units included adjustment of light switches and outlet heights to be within code required reach ranges and updating fire alarms for both audible and visual notification (sight and sound). We design in compliance with the latest version of the International Building Code (IBC) as adopted by the local Authority Having Jurisdiction (AHJ). Also referenced as part of the IBC are amendments adopted by both the State of Washington as well as local jurisdictions such as the City of Federal Way. Projects also follow all current versions of the Washington State Energy Code and Ventilation and Indoor Air Quality Code, International Mechanical Code,'International Plumbing Code, National Electric Code and National Fire Protection Association (NFPA) as adopted by the local AHJ. Also taken into consideration for compliance are all local Land Use Regulatory and Municipal Codes. INNOVA Architects and our subconsultants are in compliance with public policy; financial, contractual, and tax obligation; and the Federal and State rules and regulations in performing contracts. INNOVA architects 4. approach CONTRACT MANAGEMENT As architects, INNOVA is accustomed to serving as prime consultant to our clients, coordinating the design effort, facilitating communication with all team members, and organizing the project documents. The City of Federal Way can feel confident that your project will be a priority and that the team will remain consistent through the life of each project, and there will be a clear chain of command agreed to at the onset of a project. Successful project management starts at the top with Project Manager, Scott Saladis. Scott will oversee the entire project. He will work closely with other INNOVA staff. Scott will coordinate with consultants Cross Engineers and GDM for the electrical and mechanical systems designs. Scott will directly supervise all project designers. He will hold regular team meetings to coordinate the project with INNOVA staff and subconsultants. These weekly meetings will generate various action items, which are tracked for completion at each meeting. He will perform Quality Control reviews at various stages in design, continuously report progress and updates to the City of Federal Way contact, and respond rapidly to any RFIs. INNOVA will remain as the primary point of contact for all correspondence. We retain a high level of communication with clients throughout every project. City of Federal Way staff will be involved during the entire progression of the project. We communicate through weekly meetings during both design and construction processes, and we communicate by phone and email daily or weekly as the project demands. INNOVA will initiate owner meetings for coordination of the project details. During our information gathering time period, we will communicate with the City of Federal Way about what information we are seeking, what we have gathered, and what other details you might have that would be useful to us. INNOVA will continuously report progress and updates to the City of Federal Way contact, and respond rapidly to any inquiries. We will communicate and meet with the City of Federal Way to share our findings, proposed solutions, and concepts of design items. We will then review input and feedback. INNOVA 21 architects 4. approach PUBLIC ENGAGEMENT EXPERIENCE INNOVA's primary focus of work is for government agencies and other public -sector clients; as such we have a long history of successful collaborations. This experience with public -sector clients means that we have worked on numerous projects that required interaction with complex teams comprised of the public, key stakeholders, committees, and advisory groups in order to arrive at a solution that would meet the goals of all interested parties. We understand the need to share information and acknowledge input from the community so they are invested in the success of this project. We have hosted and participated in hundreds of public meetings and workshops to gather input from users and present design alternatives, and we are skilled at eliciting valuable feedback both through individual interviews and in a group setting. Purpose of an outreach program • Involve the community in the planning of the project with the goal of gaining their acceptance and positive support of the project • Develop abetter project by utilizing input from the various stakeholders affected by the project • Operate as a responsible developer within the context of the neighborhood • Satisfy the public notice requirements Goals in setting up an outreach program • Develop and maintain political and community support for the project Eliminate, or at least minimize, the possible roadblocks (administrative, political, and public) to the development project, which could create delays and added costs We have used several strategies to gain information from communities in the past. One thing we've learned is that while online polling and social media has increased the access for the public to provide feedback, the best way is still in a forum where we can create dialog and people can hear what people in the community are saying directly. The best way we have found to get good public involvement in this way is by working with our clients to maintain a list of community activists and people interested in the project that can be contacted directly. In addition to just posting notices about meetings, we've asked our clients to specifically invite those people and bring their friends. Being invited exponentially increases their commitment to attend. We come to community meetings prepared with presentations and slideshows to explain the project goals and approach and to educate all stakeholders about options for the facility. We introduce many design trends seen in similar facilities so that those unfamiliar the project can understand how the project might actually be able to serve their needs and the client can fully appreciate the diversity of programming opportunities. This provides an understanding and brings people up to date on the project and solicits useful input, eventually generating excitement and support for the project, Our aim is to facilitate an open and fair forum. While it is not always possible to get everyone involved in the project to agree, we'll create an inclusive environment that makes the community feel valued for their opinions. Treating people equitably and respectfully can result in their support for the project even if they don't agree with all aspects of it. We have been creative with how to use stakeholder and public input for programming. The following are examples of past projects that have included community input: 22 INNOVA architects 4. approach KING COUNTY HOUSING AUTHORITY HIGHLAND VILLAGE PHASE II BELLEVUE, WASHINGTON INNOVA worked with the King County Housing Authority and the City of Bellevue to prepare a feasibility study that validated the construction of a new 3-story, 36-unit apartment building that will maximize the affordable housing available at the Highland Village site. The Scope of Work included engaging with the community to gather feedback on the project. INNOVA then incorporated this input into the design. ALGONA CITY HALL AND COMMUNITY CENTER ALGONA, WASHINGTON INNOVA was involved in this project from the early phases of programming, assisting the City in bringing their vision of a new Community Center and City Hall to fruition. This involved multiple scoping workshops with City staff in order to develop a better understanding of the space needs of the staff and to shape a direction for the look and feel of City Hall. The output of these workshops was then presented to the community through a series of meetings and used to generate a "wish list" of services desired by the community for their new community center. Initially envisioned as a larger building with an indoor gymnasium, INNOVA was able to take information gathered from both community meetings and meetings with city staff to present the idea of combining the Community Center and City Hall, giving the City an efficient new building that serves the community and improved the functionality of City staff. COMMUNITY RECREATION AND AQUATIC CENTER STUDY WHIDBEY ISLAND, WASHINGTON INNOVA was hired by the South Whidbey Parks and Recreation District to analyze ways for the community to reach its goal of building a facility that housed community services, active recreation, and aquatics. The approach was to build on the Parks and Recreation master plan, which proposed a facility of this type. A major challenge that drove the project's schedule was the need to provide enough information to the commissioners in time for them to decide on proceeding with a ballot measure only a few months later.Another challenge was satisfying the community's expectations while working within a tight budget. The project budget was determined by what the parks commissioners felt the voters would support in a bond; however, it was evident that it would not be enough to accommodate all of the identified desires. To gain community input and demonstrate the constraints of the budget, INNOVA hosted a community charette. Those who attended were divided into approximately 10 groups of five or more people and were given a package of Monopoly® game -style cards containing all types of program elements. Each group had to "purchase" what they most wanted within the budget. By using this interactive method, INNOVA obtained valuable input that helped prioritize the elements into current and future phases. Subsequent meetings with the community included presenting concept plans based on community input, as well as the economic impacts for construction and operation of the facility. In order to achieve the most function in a facility such as this for a relatively small community, we proposed to design spaces that maximized versatility and multi -functionality. For example, the adjacency of the party and aerobics rooms allow both to serve multiple functions as well as a combined function for parties, meetings, community events, and active recreation. The end result provided the best value for the dollar. INNOVA 23 architects ` 4. approach CHELAN COMMUNITY, AQUATIC, AND RECREATION FEASIBLITY STUDY CHELAN, WASHINGTON INNONA's collaborative working style was a key part of why we were selected for this project. We kicked off this project by meeting with key stakeholders and the pool planning committee which had been working on the idea of a community, aquatic, and recreation center for several years; and had even attempted to pass a voter measure for it in the past. We learned was they needed more information, data, and a way to substantiate the idea put to the voters. Based on the input we received, we designed two concepts for the top two sites in Chelan, Washington. Each solved the preferred program elements in different ways in order to address the site specific features. We used our proprietary recreation and aquatic center survey data to prepare an operating proforma, which ultimately was the key information needed to validate the project and costs to the voters. FUNDING We understand that the FWCC Locker Room Renovation project will be partially funded with American Rescue Plan Act (ARPA) funds. INNOVA has experience integrating and coordinating different funding sources into a project. fNNOVA's education division has spent decades working with the Washington State Office of Superintendent of Public Instruction (OSPI) on new construction, new -in -lieu, and modernized school facilities. Our team's understanding of the School Construction Assistance Program (SCAP) has made us one of the leaders in guiding districts to maximize available state funding assistance. Our experience and knowledge of these processes and regulations has provided our clients with successful funding. We will utilize this experience when seeking ARPA funding. We will hold planning meetings with City staff and project stakeholders early in the design process, to confirm funding allocations and facilitate preemptive submittal timing coordination efforts. AMERICANS WITH DISABILITIES ACT STANDARDS As architects we are required to be specialists in accessibility requirements. We must incorporate ADA accessibility into every portion of design: for access, use, and for all amenities offered. Our designs incorporate ADA lifts, pathways, grab bars and all the other many details required. We are familiar with the ICC/ANSI A 117.1 2009 Standards which describes how accessibility is to be accomplished, gives technical requirements, and dimensions. On a Federal level, our designs adhere to the Uniform Federal Accessibility Standards (UFAS) and Americans with Disabilities Act Standards for Accessible Design (to conform to Section 504). We routinely reconfigure common areas to replace doors to achieve minimum maneuvering clearances, adding grab bars and ADA-compliant toilets and sinks; converting tubs to roll - in showers; adjusting light switches and outlet heights to be within allowed reach ranges; and updating alarms for both audible and visual notification. 24 1NNOVA architects Lynnwood Pool Envelope CHALLENGES WITH A POOL FACILITY Moisture Meter C approach Blower Door Testing Pool Facilities are technically challenging structures with unique construction requirements with regard to heat, light, and moisture. Our expert staff offers the City of Federal Way the convenience of having a prime consulting firm that is qualified to design the pool environments identified in this project. We are a local team that will be responsive to your needs, not only during this project, but continue to serve our clients and projects for many years to come. Natatoriums are continuously filled with warm, humid air with various chemicals from the water treatment that can all play havoc on the rest of this building, as well as anything within it. A good case in point for demonstrating this would be the Lynnwood Recreation Center Pool. The facility was remodeled and expanded in 2001. Within approximately 9 months, fNNOVA had been contacted about putting together a team that could help investigate the issues it was having in the natatorium. Already apparent was rusting, poor air quality, water dripping inside and outside the building envelope, and even the lifeguard's computers corroding. Being able to quickly understand the core issues of poor air systems and building envelope vapor barriers, we pulled together a team to start doing in-depth testing that led to some immediate repairs to keep the building from further damage. Jesse Barksdale of GDM Engineers eventually led the design effort to replace and upgrade the mechanical systems while we coordinated the repair of the building envelope issues where it was possible. A pool facility provides weather protection and insulation, just like any other building, but it also must control a unique interior environment of high humidity, vapor, air pressure, and chemicals, among other factors. This must be carefully controlled with the mechanical (HVAC) system in order to work properly. Both must work in tandem to maintain the interior environment and sustain the enclosure. The design of the enclosure must be carried out in conjunction with a mechanical engineer. Ideally the natatorium enclosure shall be energy -efficient and low in maintenance. This means we would want to make sure there was good insulation and air seals. INNOVA 25 architects 5. completion date PROJECT TASKS AND HOURS The following summary of tasks and hours associated with them is based on the information provided in the RFQ as well as the extensive knowledge that INNOVA and our design team have accumulated throughout years of performing similar scopes of work on other facilities. Only after project award and establishment of scope through meetings with City staff will our team be able to finalize hours required to complete the project. Based on INNOVA's previous experience with re -plastering projects, we expect that drawings and specifications can be prepared within 4-5 weeks of project award. Permitting through the State Department of Health can be upward of 8 weeks review time, although we have experienced shorter review times in the past. SITE INVESTIGATION/ INFORMATION GATHERING Our team will review any existing documentation that is available from the City, including the previously completed condition assessment. Prior to starting any design work, INNOVA's team will meet with representatives from the City of Federal Way to discuss the overall goals for the project and finalize the overall project schedule. Once the overall scope is defined, INNOVA and our design team will conduct a site visit. Estimated hours for Site Investigation/ Information Gathering: 51 hours DESIGN CONCEPTS During the conceptual design phase, we will work with the City to define the look and feel for the project and start addressing any issues related to existing conditions. Estimated hours for Design Concepts: 86 hours PUBLIC OPEN HOUSES INNOVA will assist the City of Federal Way to coordinate and develop materials for two public open houses. Estimated hours for Public Open Houses: 10 hours DESIGN DEVELOPMENT We will fiuther detail the design and decisions established in the Conceptual Design phase. Estimated hours for Design Development: 94 hours CONSTRUCTION DOCUMENTS This phase includes finished drawings and specifications prepared for construction. Finish detail design and final color and material selections will be defined. Final review and adjustments to the construction cost estimate will be made. " Estimated hours for Construction Documents: 76 hours BIDDING/ CONSTRUCTION ADMINISTRATION INNOVA will support the City by responding to bidder questions and issuing the appropriate addendum. During construction, INNOVA will help streamline the process; acting as your agent, assistant and advisor. Estimated hours for Bidding/ Construction Administration: 112 hours 26 INNOVA architects 5. completion date SCHEDULE The time frame described in the RFQ indicates that design should be 100% complete by March 2024 and permits approved by June 2024. This is a reasonable schedule that we are prepared to meet. We will work with the city and pool staff to meet specific deadlines for review periods and any required City Staff / City Council meetings etc. Shown below is a concept for a schedule of your project: a rMy N a C N O O a N N O N N N O a Zr N N O N N O a a O d N E t0 7 u N N N N 7 N d y d 0 u C m ._ M C T a O Z C f0, �i Q 2 - Q vi O Z 1 2 3 4 5 6 7 8 9 10 11 12 13 Programming & Design 0 Kick-off meeting Review Existing Conditions/Site Assessment Report We Develop 30% Design City review of 30% �+ Public Open House #1 Develop 85% Design �--+ City review of 85% Design Public Open House #2 Presentation to City Council Permitting Compile and submit permit documents Review (runs concurrently with 90% design) Respond to permit comments/resubmit Approved Permits Construction Documents/Bidding Develop 100% (CD) Design Documents City review of 100% Design Finalize Construction Documents City of Federal Way - Bidding Phase City of Federal Way - Award Contract/Contractor Negotiations Construction Phase Close out - - O O �a Lel INNOVA 27 architects 5. completion date - St 'ENT n - MEETING PROJECT TIMELINES WITH EFFECTIVE SCHEDULING & COORDINATION INNOVA has provided on -budget, on -schedule projects for our clients for 50 years. We have the proven ability to create a realistic and effective vision and implementation plan for the City of Federal Way, assigning realistic time allocations to integral tasks, and identifying virtually all identifiable target dates and client requirements into a comprehensive schedule. We have an exceptional history of meeting design schedules, with none of our recent projects having exceeded their design schedules. This accuracy has enabled INNOVA to maintain a high level of performance in completing Critical Path Schedules. We believe that continuous and effective communication with the project participants throughout the project development minimizes the constraints and problems that can otherwise arise. Project Manager Scott Saladis will spearhead project presentations and is the conduit for communications within the design team and the owner to keep the project moving along on schedule. Correspondence will be documented following established standards to assure an accurate record of all aspects of the services. Prior to final review and sign -off, Scott will perform a review to make sure all requirements have been met. Each member of the team is committed to providing quality service to our clients, from administration to CAD drafters, and Project Managers to the Principal -in -Charge. Each member understands that they are playing a role in the process and is therefore accountable for their responsibilities. In order for the plans, specifications, reports and other aspects of the design to achieve the level of organization and clarity we demand and keep the project on schedule, there must be established guidelines, roles and standards for project organization and formatting that are understood by all. These established office and industry standards are taught and kept available to each team member. 28 INNOVA architects 5. completion date COST CONTROL INNOVA's cost control efforts start early in the design process. Cost estimates are based upon known conditions, past experience, recent bid data from actual projects, and a creative visualization of the design. Our cost estimator will price the scope of work for the time place and means and methods of the scope of work based on experience guided by cost data information. This produces unique cost data for every project that is within consistent ranges for scope of work of the project. Therefore, the baseline cost data we develop and obtain from a variety of sources is then appropriately used for the project estimate based on the conditions of the construction of the scope of work. Our Bid history confirms our methodology of pricing produces consistent construction cost data during design. We will work closely with the City of Federal Way Project Manager to control costs and reduce the risk of cost changes throughout the project. We typically review the scope of work and develop a concept design and a rough -order -of -magnitude cost estimate. Once complete, our PM discusses any concerns with the City of Federal Way regarding cost and develops solutions. As we design, we are able to contemplate the cost impact of including various sustainability elements into the facility's design. The key factor here is consideration of both development costs and life -cycle costs of the sustainable practices and products implemented. This is critical, not only to the overall health of the building, but it also serves as a good preventative maintenance measure. The overall cost savings for a building that will be owned and maintained over the years by the same entity makes sustainable design a cost-effective decision. INNOVA 29 architects 5. completion date RECENT COST CONTROL EXAMPLES INNOVA has developed a prestigious reputation in the Puget Sound region for being able to make a challenging project become successful, when at first it was not considered viable. We thrive on solving complex problems through creative means, oftentimes using cost-effective solutions to make projects viable for our clients despite financial constraints or other limitations. We provide unparalleled value for our. clients by balancing good design, practical solutions, and budget considerations in a resourceful way that allows us to achieve results for our clients. INNOVA is using this unique and valuable capability to make -projects viable for Cities, Park Districts, Private Businesses, Port Authorities, and the Federal Department of Defense. A private project example is in 2017 a company named IDS, a California REIT, on Wall Street developing a 820,000 square foot facility in Lacey was working with a California architect and structural engineer and the project was over budget by $1M. Based on word of mouth they were told to hire us and within one week we compiled a concept of how to save them $1.2 M dollars by approaching the structure design in a different manner. We were hired to design and complete the project, and in 2019 the construction was complete and in the end our work saved the client over $1.2 Million dollars. A public project example is in 2017 we were working for the City of Algona to design their City Hall and community center. The concepts were initially found to be $2M over budget and the Mayor called us and said the project was cancelled due to being over budget. This budget was news to us and we asked the Mayor to allow a second opinion from a geotechnical engineer we knew. We suspected the pile foundations were a driving force for the budget problem and based on our 29-year history designing buildings on the Valley soils, we understood there were better more economical ways to deal.with the soil challenges than to propose piling. We recommended a different geotechnical engineer and asked that a concept be considered where the site is pre -loaded with dirt fill to cause it to compact and get all settlements out before the new building is built. The mayor considered our proposal and the analysis proved a success. We were then able to propose a better design, still achieving all the city needed and wanted but in a manageable way that would not need expensive piling foundations and still be a quality project. The project saved $2 Million dollars and was successfully built and completed and opened in 2018. 30 INNOVA architects CLIENT REFERENCES City of Covington Ethan Newton, Parks & Recreation Director 16720 SE 271 st Street, Suite 100 Covington, WA 98042-4964 253.480.24811 enewton@covingtonwa.gov Project: Covington Aquatic Center Condition Assessment City of Vancouver Jon Sears, PMP Facilities Capital Projects Manager P.O. Box 1995 Vancouver, Washington, 98668 360.487.8319 1 jon.sears@cityofvancouver.us Projects: Marshall Community Center Pool Evaluations and Renovations, Design & Construction (in progress) Eastmont Metropolitan Park District Sally Brawley Director of Parks & Recreation 255 N Georgia Avenue East Wenatchee, WA 98802 509.884.8015 1 sbrawley@eastmontparks.com Project: Eastmont Aquatic Center C� Washington State Department of < Business Lookup License Information: Entity name: INNOVA ARCHITECTS INC. Business name: INNOVA ARCHITECTS Entity type: Profit Corpoiation UBI #: 603-107-031 Business ID: 001 Location ID: 0001 Location: Active Location address: 950 PACIFIC AVE STE 450 TACOMA WA 98402 Mailing address: 950 PACIFIC AVE STE 450 TACOMA WA 98402-4499 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Architect Firm View Architects Active Governing People May include goverring people not registered with Secretary ol5tate Governing people Title MCCORMICK, BRANDON MCCORMICK, NICOLE MCCORMICK, PAUL SALADIS, SCOTT Registered Trade Names Registered trade names INNOVA ARCHITECTS INNOVA ARCHITECTS, INC ORB ARCHITECTS Status Active Active Active The Business Lookup information is updated nightly. Search date and time: 11/3/2023 9:51:41 AM New search Back to results Expiration date First issuance date Apr-30-2024 Mar-05-2014 First issued Sep-01-2015 Mar-01-2016 Mar-01-2016 BUSINESS INFORMATIt..,A Business Name: INNOVAARCHITECTS INC. UBI Number: 603 107 031 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 950 PACIFIC AVENUE SUITE 450, TACOMA, WA, 98402, UNITED STATES Principal Office Mailing Address: 950 PACIFIC AVE STE 450, TACOMA, WA, 98402-4499, UNITED STATES Expiration Date: 04/30/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 04/22/2011 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: PAUL B MCCORMIK Street Address: 1405 POINT FOSDICK DR NW, GIG HARBOR, WA, 98335-7860, UNITED STATES Mailing Address: 1405 POINT FOSDICK DR NW, GIG HARBOR, WA, 98335-7860, UNITED STATES GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name BRANDON MCCORMICK NICOLE MCCORMICK PAUL MCCORMICK SCOTT SALADIS