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AG 15-085I I RETURN TO: Mary Jaenicke EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: STEVE IKERD EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE X CONTRACT AMENDMENT (AG#): 15-085 ❑ OTHER 5. PROJECT NAME: _TOWN SQUARE PARK MASTER PLAN AND CONSTRUCTION SUPPORT 6. NAME OF CONTRACTOR: _ DAVID A. CLARK ARCHITECTS, LLC ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: DAVID A. CLARK TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: _4/17/15 COMPLETION DATE: 12/31/16 9. TOTAL COMPENSATION $_NO CHANGE (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: _303-7100-131-594-76-410 10. D UMENT /CONTRACT REVIEW INIT AL / DATE REVIEWED PROJECT MANAGER •30.1 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF yltSIGNATORY (MAYOR OR DIRECTOR) CITY CLERK - - ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: gin( Aft. /h. COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE SENT: I rm./ { DATE REC'D: , 110 % 1 (p INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITI L / ATE SIGNED � ?�< *44 Wag, A 6.i. C DA' • SENT: CITY F O Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way. com AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR TOWN SQUARE PARK MASTER PLAN AND CONSTRUCTION SUPPORT This Amendment ( "Amendment No. 3 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and David A. Clark Architects, PLLC, a Washington Professional Limited Liability Company ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Town Square Park Professional Services ( "Agreement ") dated effective April 17, 2015, as amended by Amendment No's. 1 and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2016 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] - 1 - 1/2015 CITY OF ,'�.. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cilyoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DAVID A. CLARK ARCHITECTS, PLLC By: Printed Name: Th- .J ✓A Title: Clf( ^'� DATE: L ( (( b STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: phanie Court ey, CMC AP ROVED AS TO FORM: ity Attorney, On this day personally appeared before me David A. Clark, to me known to be the Operating Member of David A. Clark Architects, PLLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of @A2/ , 2016, AMENDMENT Notary's signature Notary's printed name � Klea. M. EN Is Notary Public in and for the S ate of Washington. My commission expires &/ ?/7/7 2 1/2015 II RETURN TO: Mary Jaenicke EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE X CONTRACTAMENDMENT(AG ❑ OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES CITY ❑ PURCHASING: 10. DOCUMENT PROJECT ❑ DIRECTOR ❑ RISK LAW 11. COUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ii LAW CHIEF IGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT. /DIV: PARKS STAFF PERSON: IKERD 6911 3. DATE REQ. BY: _STEVE OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION #):15 -085 h ❑ INTERLOCAL NAME: TOWN SQUARE PARK MASTER PLAN AND CONSTRUCTION SUPPORT OF CONTRACTOR: DAVID A. CLARK ARCHITECTS, PLLC ADDRESS: 33017 134Th AVENUE S.E., AUBURN, WA 98092 TELEPHONE 253- 351 -8877 E -MAIL: FAX: SIGNATURE NAME: A. CLARK TITLE _DAVID AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: 4/17/15 COMPLETION DATE: 8/31/16 COMPENSATION $206,789.00 + $35,958.00 = $242,747.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ PLEASE CHARGE TO: /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER 3:1:— I.12.• 6 MANAGEMENT (IF APPLICABLE) -UNI2L 11,.. II s APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: SIGNATURE ROUTING \ % ‘/24/ 1 / / TO VENDOR/CONTRACTOR DATE SENT: ! � _d) Ii DATE REC'D: � SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED DEPARTMENT 'o2I- 2 ( Q1(50 OF STAFF OR DIRECTOR) ��I,24r - CLERK iniffli "I AG# AG# / - 085- 5 COPY RETURNED DATE SENT: ?' /f /(p 11/9 CITY Of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR TOWN SQUARE PARK MASTER PLAN AND CONSTRUCTION SUPPORT This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and David A. Clark Architects, PLLC, a Washington Professional Limited Liability Company ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Town Square Park Professional Services ( "Agreement ") dated effective April 17, 2015, as amended by Amendment No.1, 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 -2 attached hereto and incorporated by this reference ( "Additional Services "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. A MFNTIMFNT [Signature page follows] _1_ 1/11115 CITY OF CITY HALL '*•... Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. ci yoffederaiway. coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FED L WAY By: Jim DATE: ✓/ DAVID A. CLARK ARCHITECTS, PLLC By: WAAL_ Printed Name: "skti i F 64,44441.--> Title: ( a tt, (AilatA 0 . DATE: 4 2e L( ATTEST: ty lerk, Stephanie Co „l ey, CMC APPROVED AS TO FORM: Mkt.n ' City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF 1 ) On this day personally appeared before me David A. Clark, to me known to be the Operating Member of David A. Clark Architects, PLLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 444/1 day of v Z , 20th 4 Notary Public State of Washington STEVE KIM My Appointment Expires Sep 12, 2018 AMENDMENT tary's signature tary's printed name Notary Public in and for the State of Washington. My commission expires (.2 r 7�, - 2 - 1/2015 • 4*%CITY OF Federal Way EXHIBIT A -2 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. corn The Contractor shall do or provide the following in addition to Services in previous Exhibits: Enhanced project management service to include daily onsite inspections and meetings with the different new contractors to insure the project stays on schedule and within budget. Reporting support and updating the owner on progress of the project. Contractor is also responsible for troubleshooting and problem solving mechanical challenges should they arise. A MFNTIMFNT _ _ t /,A15 • Feiieral Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty- Five Thousand Nine Hundred Fifty -Eight and No /100 Dollars ($35,958.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Forty-Two Thousand Seven Hundred Forty -Seven and No /100 Dollars ($242,747.00). AMF.NDMPNT 4 1/2015 I I RETURN TO: vim, C.-C,1 EXT: ( C) 0 I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE CONTRACT OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES CITY ❑ PURCHASING: 10. DOCUMENT ❑ PROJECT ❑ DIRECTOR ❑ RISK L LAW 11. COOOUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑ LAW ❑ CHIEF SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: L. -('`� _ STAFF PERSON: 3\ '{_J& EXT: V 4/ 1) 3. DATE REQ. BY: OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT(AG #): /5-O86" ❑ INTERLOCAL NAME: _ - .E^� -- \<C-�� 4 �� v--, OF CONTRACTOR: -.....\3‘.- ‘ C, (\ a ik -\_ .s n_ L- (-- ' ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: Lam. G.,v% ik 0 • C kr kr___. TITLE AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: i-1/1 1 /I COMPLETION DATE: Si 31 /I (f COMPENSATION $ lo -1 (-I I ' . '. 3.8 = c>L 1 `J 00-, (INCLUDE EXPENSES AND SALES TAX, IF ANY) ic6-11 (IF CALCULATED ON HOURLY LAOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ i PLEASE CHARGE TO: �� �) 13 -S`)`f it,- 9i0 /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER MANAGEMENT (IF APPLICABLE) --6)2 G Lok (I' APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: SIGNATURE ROUTING IOi I �� TO VENDOR/CONTRACTOR DATE SENT: , I / r� DATE REC'D: i /1 SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED DEPARTMENT L UliAtc OF STAFF _ (MAYOR OR DIRECTOR) '© s CLERK 7 10.E AG# AG# /5 -0$6' A- COPY RETURNED DATE SENT: /OVA-- 11/9 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 1444W atyoffederalway com AMENDMENT NO. 1 PROFFESIONAL SERVICES AGREEMENT FOR TOWN SQUARE PARK MASTER PLAN AND CONSTRUCTION SUPPORT This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and David A. Clark Architects, PLLC, a Washington Professional Limited Liability Company ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Town Square Park Professional Services ( "Agreement ") dated effective April 17, 2015 as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A -1 attached hereto and incorporated by this reference ( "Additional Services "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 CITY oc Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwvw. cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim ell, / ayor DATE: / DAVID A. CLARK ARCHITECTS, PLLC By: Printed Name: 7hi -!/t1 4, c� 1'-- Title: Ol �� N( 1/0eiv DATE: (0/($K STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall On this day personally appeared before me d. A Ro tcv, to me known to be the � $4. of /6di,Ut d , Io 1 _c V i to ►r WC.. that executed the foregoing l,,Qr� Jy� , instrument, an acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and official seal this day of 0C9f6v , 20 L T .N•‘\\‘‘\‘ I t I II .\LYNN cl 14f OTA4 455 sv Ms AMENDMENT Notary's signature Notary's printed name -2 Notary Public in and for the State of Washington. My commission expires "l(%] ?— 1/2015 CITY OF L Federal Way EXHIBIT A -1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. corn Stormwater education and outreach elements will be designed into the Town Square Park in order to create a multi -use facility that will allow for students and citizens to observe firsthand the latest techniques being used for stormwater management. The Contractor shall do or provide the following in addition to Services in previous Exhibits: Tasks: 1. Design the following Low Impact Development (LID) treatments to replace conventional elements of the current Town Square Park Design. All LID treatments shall meet building codes, local and state regulations and shall meet or exceed design standards and specifications from the latest versions of the Puget Sound Partnership Low Impact Development Technical Guidance Manual for Puget Sound, King County Surface Water Design Manual and/or other relevant technical documentation or as agreed to by city staff. a. Permeable Pavement. Permeable pavement includes porous asphalt, pervious concrete and permeable interlocking pavers. Permeable pavement shall be implemented at a minimum for the perimeter trail, restroom/splash park hardscapes, band shell and new parking lot sidewalks. Design considerations should include multiple types of permeable pavement treatments for demonstration purposes. b. Vegetated (Green) Roofs. Green roofs shall be evaluated and designed for the bathroom building and the Picnic Shelter. Design considerations include, but are not limited to drought tolerant plantings.. The picnic shelter will incorporate a conventional roof section that will allow for educational demonstrations of how vegetated roofs function, ideally with the use of rain harvesting tied in. c. Rainwater Harvesting. In conjunction with vegetated roofs or as a separate element, rainwater harvesting shall be evaluated and where possible incorporated in the revised park design. d. Native Plantings. In an area to be identified by City staff replace non- native plantings with native selections. Selection of plants to be based on drought tolerant native species that is common in natural yard care set ups. e. Interactive Educational Signage and Displays. Developed along with city staff and city vendors, Signage and displays shall be developed to be uniform in appearance and have a central theme of stormwater education and the benefits of low impact development in an urban setting. Design of interactive elements shall take into account both directed educational efforts (i.e. an organized classroom group) and opportunistic education of recreational users. Signage and displays shall specifically including the following elements: i. The hydrologic cycle and urban stormwater effects on the natural habitat including salmon bearing waters ii. Extensive signage and rendering(s) identifying LID elements described above as well as the raingarden installed by City staff and their impact on the hydrologic cycle and urban stormwater runoff iii. Rendering for the rain garden should include components and function iv. Green roof demonstration sections — include at least one comparison roof section to demonstrate conventional roofing vs. green roof function. AMENDMENT 3 1/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoff&deraiway.com v. Permeable pavement demonstration sections — include alternating sections of conventional and permeable pavement alternatives near the raingarden. At a minimum, this includes conventional asphalt vs. porous asphalt, conventional concrete vs. pervious concrete and conventional pavers vs. permeable interlocking pavers. vi. Additional interactive education displays or stations as available and appropriate vii. Operations and maintenance requirements as appropriate or applicable 2. Develop a preliminary plan showing LID treatments for review by the City. 3. Incorporate comments from preliminary plan into an 85% plan with construction level drawings, details and specifications for City review. 4. Develop bid documents for construction of LID treatments Deliverables: 1. Prepare graphics and estimates for Council updates as needed 2. Preliminary, 85% and final design color renderings 3. Graphics and signage for educational materials 4. Develop bid documents to be included as part of the Town Square Park bid set Assumptions: 1. Contractor will attend up to three design meetings at City Hall AMENDMENT 4 1/2015 QTY OF Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty-Eight Thousand Eight Hundred and Seventy -One and No /100 Dollars ($38,871.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Six Thousand Seven Hundred and Eighty -Nine and No /100 Dollars ($206,789.00). AMENDMENT 5 1/2015 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PROS/ 2. ORIGINATING STAFF PERSON: Sie Ver g„-) EXT: (09 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT -OFESSIONAL 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: -I" bual SCILI'a-re, P vk. Ma + r 121144 a.1d COAS+1 - di an SUp po(f• 6. NAME OF CONTRACTOR: D'a-V l . A C4ar k- ADDRESS: ?j Ot.1 134th Ave- Se St a Tam u�A 9'3O91. TELEPHONE: 7.-5, 35k�46r1 L E-MAIL: 4G �- cl1%k-C*s. con. FAX: SIGNATURE NAME: V(a A_ c.-1--ark- TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/3 I/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATEi: C,( yK(�1n.. COMPLETION DATE: g• 9. TOTAL COMPENSATION: $ 16 I,91/5.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES �'w IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY so/PURCHASING: PLEASE CHARGE TO: A5Q5- l' 1.31- 594- 16 ' Li 14 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ROJECT MANAGER 3-31 . 1G- • ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT OF APPLICABLE) )(LAW DEPT 7 Q.L 31,3 1� ^ C 11. COUNCIL.APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:_ 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 4 ( / [) DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/D ATE IGNED LAW DEPT L I,1 SIGNATORY(MAYOR OR DIRECTOR) gr_/s',_iZir X CITY CLERK V 't.11211 ASSIGNED AG# ► SIGNED COPY RETURNED D•LE SENT: I 'f y ❑RET R IWAL Li/q)COMMEN S: 11/9 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityofederalwway.com PROFESSIONAL SERVICES AGREEMENT FOR TOWN SQUARE PARK MASTER PLAN AND CONSTRUCTION SUPPORT This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and David A. Clark Architects, PLLC, a Washington professional limited liability company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: DAVID A. CLARK ARCHITECTS,PLLC: CITY OF FEDERAL WAY: David A.Clark Steve Ikerd 33017 134th Avenue S.E. 33325 8th Avenue South Auburn,WA 98092-8519 Federal Way,WA 98003-6325 (253)351-8877 (telephone) (253) 835-6911 (telephone) (253) 804-6566(facsimile) (253) 835-2569 (facsimile) dclark @clarkarchitects.com Steve.ikerd@cityoffederalway.com The Parties agree as follows: 1. TERM.The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than August 31, 2016 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction,within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in makin g) such inspection or a pp roval shall not relieve lieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement.Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate (s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2015 ` CITY OF CITY HALL ,�.., 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway.corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed,the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from,resulting from,or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders,partners, employees, agents,representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT -2 - 1/2015 ` CITY OF CITY HALL ova. Federal VVay 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www dtyoffederalway.com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death,and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement,whether occurring by reason of acts,errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three(3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT.All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - 1/2015 CITY OF CITY HALL 33325 0.14' . Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway.com 10. INDEPENDENT CONTRACTOR.The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual,the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged v ete r an or military ry status, sexual ri ntati on including g ender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared fY Y p �' Y P tn' invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived,or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2015 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway.corn obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,postage prepaid,to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit,then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 1/2015 41416, CITY OF CITY HALL 4,11.,4 ,...,„ Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: 7 L I I . , A I At! J.a k/r t 6 Jim Ferr- / ayor Jerk, step anie Co rtney, CMC DATE: V// 7 l 5 APPROVED AS TO FORM: h Ut -fr City Attorney, Amy Jo Pearsall DAVID A. ARCHITECTS, PLLC , By: 1 Printed Name: ib4, n 4-, Ct -it—mC Title: Co tv ,4--I'l (4-6 E.„e3 ir(L 1 DATE: 4/(4 / I STATE OF WASHINGTON ) ) ss. COUNTY OF Vi,l ) On this day personally appeared before me "Du�Ad tt CO.--v- , to me known to be the �c� Membtc of �w�� { .Q4- 14c..c -S ?We- that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this 11--‘ day of _,• 1 201 • Notary's signatur-`,.. - _ Notary's printed name �-.\ ✓oC-4ra'" Notary Public in and for the State of Washington. TONIA PROCTOR My commission expires 10-I l-2-011 ,NOTARY PUBLIC STATE OF WASHINGTON COWASS10N EXPIRES OCTOBER 11 2017 PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2015 N CITY OF CITY HALL Federal 33325 8th Avenue South Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway,corn EXHIBIT A SERVICES 1. The Contractor shall do or provide the following: Tasks: 1) Contractor shall work with staff to develop a 30% and 85% Master plan. 2) Contractor shall help City staff understand building codes and local & State regulations associated with a downtown park and the desired amenities. 3) Development of construction level drawings after the 85%Master plan has been approved by City Council. 4) Development of bid documents for construction of phased bid coordinated with Park staff. Deliverables: 1) City meeting participation as needed. 2) Providing public meeting graphics materials. 3) Provide 30% and 85% Master plan color renditions. 4) Produce Construction level drawings. 5) Assist staff with Land Use Master application information and drawings. 6) Assist with building permit EN application. 7) Assist staff with bid document preparation for multiple bids to be determined with Park staff. 8) Assist staff with construction inspections and punch list as needed. PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2015 CITY OF CITY HALL :.1 Federal Way 33325 8th AvF9325 South Federal Way, maw.cityoffederaiway.corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred Sixty-Seven Thousand, Nine Hundred Eighteen and No/100 Dollars ($167,918.00). PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2015 ACCHZEI CERTIFICATE OF LIABILITY INSURANCE 3/9/2015(MWDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:A Michael J Hall&Company Michael J Hall&Company PHONE FAX Hall&Company (A/CA No,Exu:360-598-3700 (A/C,No): 19660 10th Ave NE ADDRESS:Certificates @hallandcompany.com Poulsbo WA 98370 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:NAVIGATORS INS CO 42307 INSURED 19075 INSURER B:H- f.r• . ,.I r, • •-n 29424 David A Clark Architects PLLC INSURER C: 33017 134th Avenue SE Auburn WA 98092-8519 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:899113472 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR --- ADDLSUBR - --� _--— _--- LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS _ (MMIDD/YYYY) (MM/DD/YYYY) B GENERAL LIABILITY 52SBAII5662 10/27/2014 10/27/2015 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES_(5a occurrence) $300,000 CLAIMS-MADE IX OCCUR MED EXP(Any one person) $10,000 X OCP/XCU/BFPD _ PERSONAL&ADVINJURY $2,000,000 X Separation Insds GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $4,000,000 POLICY X PF LOC B AUTOMOBILE LIABILITY 52SBAII5662 10/27/2014 10/27/2015 COMBINED SINGLE LIMI I (Ea accident) $2,000,000 _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED -PROPERTY DAMAGE $ AUTOS (Per accidert) B X UMBRELLA LIAR X OCCUR 52SBAII5662 10/27/2014 10/27/2015 EACH OCCURRENCE $1,000,000 EXCESSLIAB I CLAIMS-MADE AGGREGATE -. $1,000,000 DED X RETENTION$10,000 $ B WORKERS COMPENSATION 52SBAI15662 10/27/2014 10/27/2015 VVC STATU- X 0TH- WA Stop Ga AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER p P ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A — --- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT _$1,000,000 A Professional Liab:Claims Made CM13DPL0261871V 6/15/2013 3/15/2015 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder(s)is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability, Umbrella/Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th ave s federal way WA 98003 usa AUTHORIZED REPRESENTATIVE („2/4 Z 7 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD MINUTE OF S O THE 2014. ANNUAL MEETING OF THE MEMBERS OF DAVID A. CLARK ARCHITECTS, PLLC held Saturday, May 10, 2014 The 2014 Annual Meeting of the Members of David A. Clark Architects, PLLC was called at 7 PM on the above referenced date, to elect Directors and to conduct such other business as might come before the meeting. Present were: David A. Clark, Sole Managing Member Susan P. Clark, Economic Interest Owner The Members, acting through their representatives reviewed the Financial Report through April 30th, 2014, prepared by the Sole Managing Member. Upon motion duly made, seconded and unanimously carried pursuant to the Operating Agreement, those present did unanimously re-elect the following Board of Directors as duly authorized representatives of the Members to serve until the next annual meeting of the Company, with all signatory rights for the company. Name Address David A. Clark 33017 134th Ave SE, Auburn, WA 98092 There being no further business,the meeting was declared adjourned. 414 aemL *54444,a4t)