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AG 15-104RETURN TO: PW ADMIN EXT: 2700 ID #: "32 (5 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /QPreC---- ^^ syk EXT: 11.3 3. DATE REQ. BY: /* 2. ORIGINATING STAFF PERSON:E15. •--) e•A �� 2 3. TYPE OF DOCUMENT (CHECK ONE): o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT o HUMAN SERVICES / CDBG o REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE o RESOLUTION A CONTRACT AMENDMENT (AG#): 1 5 - 1 0 4 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: (-O M 1-4N15;. O+' A GSt: nrw+-cncr (..rc.OfbttYsc% i c41 Lonsok I- Vol- 61..0 "Fe4u-ot 5. NAME OF CONTRACTOR: wpm.. eirtV nee c > %14 L. ADDRESS: Li 1 t 7 9 % e'''‘ mt.) (/cc Hat %Apr W I4r 9'g32-7--- TELEPHONE: a E-MAIL: O FAX: SIGNATURE NAME: K..c et\ \7O \xt Ct`'1 TITLE: V P 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE # 02.- 1011 a3 BL, EXP. 12/31/ UBI # O 10z 1 437 , EXP. 6 gals 7. TERM: COMMENCEMENT DATE: 5/( 5/ L ;7 COMPLETION DATE: Z 12. 8 1 i8 8. TOTAL COMPENSATION: $ /S, '71 cr. 17 Z, &'. ' 11br39s 6/52.1t3i sB (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ANO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 0 YES eNO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 3O \ - 5-800 - 10"7 - SQ `J -5-8 - 91 I 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED o PROJECT MANAGER ❑ DIVISION MANAGER -- II 111%115 DEPUTY DIRECTOR \,J_,, ` _� t? DIRECTOR 1 et.."» _* 1\ 1 c4M w, ❑ RISK MANAGEMENT (IF APPLICABLE) 'P LAW DEPT -6 l It gl / p/O 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: �j 11. CONTRACT SIGNATURE ROUTING I DATE RECD: A SENT TO VENDOR/CONTRACTOR DATE SENT: 111 la lt6 2 �� ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ilk 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 • '\ A LAW DEPT / , `` U1L /��� A SIGNATORY (MAYOR OP DIRmacr TQR) �� k ,CITY CLERK (%i / IV, ASSIGNED AG # AG# /5 / 4 NA.SIGNED COPY RETURNED DATE SENT: 2—% -10 46" sk RETURN ONE ORIGINAL COMMENTS: CQnn EXECUTE °-L" ORIGINALS /i,\ OC.S I-2, 06%j (14') t..., \\ \'V__- t->c.c.K.L +Ick, tQ GAME) Vi L/(,42- 1 ASU- anCt- ra€-h? Y) Q (ILSFn ilfQ/wl-s ARVi rt s W�(.G -c rg 4/2017 j 4CITY OF _, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryofederalway com AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR COMMISSIONING, ESTIMATING, AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and HDR Engineering, Inc., a Nebraska corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Commissioning, Estimating, and Geotechnical Consulting for the Federal Way PACC ("Agreement") dated effective May 15, 2015 as amended by Amendment Nos. 1, 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 February 28, 2018 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-3 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF Federal Way CITY HALL 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 F DERAL WAY: ATTEST: By: DATE: erre 1, Mayor 1/3-0Ze HDR ENGINEERING, INC.: By: PerrnsA Wig ry Date: V22(ir Vice President STATE OF WASHINGTON ) IL ) ss. COUNTY OF r )I V1i ) hanie Courtney, CM City Clerk APPROVED AS TO FORM: cc./ J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the Vice President of HDR Engineering, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 'L 1._ day of . 6t,V'`U(t, 201A. I Notary's signature Notary's printed name Shari e (Ae rJL14.-cr— Notary Public in and for the State of Washington. My commission expires 11- ti - 2 0 L 9 Notary Public State of Washington SHARI NEUENSCHWANDER My Appointment Expires Apr 17, 2018 AMENDMENT - 2 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederafway com EXHIBIT A-3 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Amendment Description Provide additional services to be performed by the contractor that are in addition to the originally assumed level of service to provide for full completion of the Commissioning Process. Task 2.3 Construction Phase • Provide additional visits at request of Garco Construction and City's representative. • Verify work meets required elements for commissioning. Assumptions • Fifteen (15) additional visits at 8 hours each to confirm equipment operation and reporting requirements. Deliverables • No change to original contract. AMENDMENT 3 3/2017 CITY OF Federal Way EXHIBIT B-3 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Twenty -Three Thousand Six Hundred Seventy -Five and 89/100 Dollars ($23,675.89). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Seventy -Six Thousand Three Hundred Ninety -Five and 66/100 Dollars ($176,395.66). AMENDMENT - 4 - 3/2017 RETURN TO: PW ADMIN EXT: 2700 ID# 3t CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / -IPA�`� 2. ORIGINATING STAFF PERSON: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ ,,CONTRACT AMENDMENT (AG #): log 6(0 ❑ ❑ OTHER EXT: 7,7 \ 3. DATE REQ. BY: Pc SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: LdOMrvk:°S t7rV✓\t CSf∎rvK„t��, 6. NAME OF CONTRACTOR: ADDRESS: E -MAIL: SIGNATURE NAME: X111-1 H\ r. r. � 1a t_.. t_.. c —1 ST NJ, ■ ■.) f c. K CR.(en Crteot�`.r�: C6� 0-4.- Tee 1 14,u l;c.thor �%/'• i S 37 7 TELEPHONE: FAX: nh� Ci TITLE: i 7. EXHIBITS AND ATTACHMENTS:yeolSCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # O Z - 10 11 g.3 BL, EXP. 12/31/ (7 UBI # 60,01%437 , EXP. i /f l49l 1-7 8. TERM: COMMENCEMENT DATE: O ✓Zb0 /5-2/1)41 / 9. TOTAL COMPENSATION: $ N . 0 c�Ne\c vciL___ /. 77 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES "1O IF YES, MAXIMUM DOLLAR AMOUNT: $ COMPLETION DATE: 61 ' \ % ' V-1 IS SALES TAX OWED: ❑ YES ENO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER B- PUTY DIRECTOR IRECTOR ❑ _RISK MANAGEMENT (IF APPLICABLE) dLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) PAID BY: ❑ CONTRACTOR ❑ CITY so i -- 53 c 1o7- 5' / INITIAL / DATE REVIEWED INITIAL / DATE APPROVED acz/'✓' 31,017 -3r,0 I n 3,tb/ 11 COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �/ In u ❑.-3'I NT TO VENDOR/CONTRACTOR DATE SENT: 3t ` , I / I DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATED ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUne DEPT. SUPPORT STAFF IF NECESSARY) - AW DEPT 2-SIGNATOR er-CITY CLERIC .o.-ASSIGNED SSIGNED AG # GNEDD COPY RETURNED ❑ TURN ONE ORIGINAL OR DIRECTOR) COMMENTS: EXECUTE "Z ORIGINALS - SCQ- -A-00Y '31-O \eta. I IAL / DATE SIGNED (---7( offwAvy _--��yy��� AG# DATE SENT: OS 30i} Oar AA) `yvsv ca n c.F C- i y1 (.0r1 t'rc. L.'4 G ti +CnS ` O IN 2/17 CIT OF ... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cttyoffedera/way com AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR COMMISSIONING, ESTIMATING AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and HDR Engineering Inc., a Nebraska corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Commissioning, Estimating and Geotechnical Consulting for the Federal Way PACC ( "Agreement ") dated effective May 15, 2015, as amended by Amendment No. 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than August 1, 2017 ( "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 - 3/2017 CITY OF O Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederatway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: DATE: .3/g2 - t "'mil HDR ENGINEERING, INC.: By: eat& Karen Doherty Vice President DATE: 3/41//7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) foe ATTEST: ie Courtney, CM y Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Karen Doherty, to me known to be the Vice President of HDR Engineering, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. n GIVEN my hand and official seal this !.' Z day of I t tl R (h , 2011 1■46,6 - - -- BRITTANY MARIE RORVIK Notary Public State of Washington My Appointment Expires Nov 11, 2020 AMENDMENT Notary's signature 13 MI hi QP14.- Notary's printed name MK lit 1111 M 67 lk'i E r 6 R V I Notary Public in and for the State of Washington. My commission expired Ill I / Z O D -2- 3/2017 ACOR °m CERTIFICATE OF LIABILITY INSURANCE 6/1/2017 DATE(MM /DD 6 ) 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 Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 (816) 960 -9000 CONTACT PHONE FAX No, Ext): (A/C, No): E-MA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Hartford Fire Insurance Company 19682 INSURED HDR ENGINEERING, INC. 1012100 8404 INDIAN HILLS DRIVE OMAHA NE 68114 -4049 INSURER B: Travelers Property Casualty Co of America 25674 INSURER C : American Zurich Insurance Company 40142 INSURER D : Lexington Insurance Company 19437 INSURER E : $ 1,000,000 INSURER F : COVERAGES 11D R N01 CERTIFICATE NUMBER: 134854 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM /DD /YYYY) POLICY EXP (MM /DD /YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y 37CSEQUO950 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1,000,000 PREMISESO(Ea occur ence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 X CONTRACTUAL LIAB PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER X LIMIT APPLIES PECOT- X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A 4 A AUTOMOBILE X' X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS N N 37CSEQUO951 (AOS) 37CSEQU0952 HI) 37CSEQU1160 MA) 6/1/2016 6/1/2016 6/1/2016 6/1/2017 6/1/2017 6/1/2017 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident' $XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ XXXXXXX B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N ZUP- 10R64084 -16 -NF (EXCLUDES PROF. LIAB) 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ XXXXXXX CWORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBEER /EXCLUDED ECUTIVE (Mandatory in NH) 5 yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N N / A Y 0381127 7/1/2016 7/1/2017 X PER STATUTE OTH- FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D ARCHS & ENGS PROFESSIONAL LIABILITY N T1 061853691 6/1/2016 6/1/2017 PER CLAIM: $1,000,000. AGG: 52,000,000. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES TO THE CITY OF FEDERAL WAY IN THE FOLLOWING SPECIFIC AREAS: COMMISSIONING, GEOTECHNICAL MONITORING AND ESTIMATING. CITY OF FEDERAL WAY IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON - CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. CERTIFICATE HOLDER CANCELLATION 13485453 CITY OF FEDERAL WAY ATTENTION: WILLIAM APPLETON 33325 8TH AVE. S FEDERAL WAY WA 98003 -6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE m ACORD 25 (2014/01) ©19$8 -2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD CITY OF Federal Way WASHINGTON e- Permits HOME Terms & Conditions PUBLIC INFORMAT1' Locate a Business Permits Information Issued Permits Contractor Search REGISTERED USERS Apply for Permit View My Permits Request Inspection New Registration Update Registration Lo in ID Reference File Name 02 101183 000 00 BL Number Pre. 500 108TH Description OUR COMMUNITY PERMIT /BUSINESS DETAILS Sub Type Business Non - Resident Registration Business Street Work Type Other Name HDR ENGINEERING INC. Status Application Date Issue Date Expiration Date Open Mar 20, 2002 Mar 25, 2002 Dec 31, 2017 PROPERTY DETAILS Street Dr City Number City State Zip Type Type AVE NE SUITE 200 BELLEVUE WA 98004 Legal Desc PEOPLE DETAILS Desc. Org. Name Address City State Zip Phone(' Applicant HDR ENGINEERING INC. 8404 INDIAN HILLS DR OMAHA NE 68114 (425)453 -1523 e Business Owner HDR ENGINEERING INC. 8404 INDIAN HILLS DR OMAHA NE 68114 (425)453 -1523 e Mailing Address HDR ENGINEERING INC. 8404 INDIAN HILLS DR OMAHA NE 68114 (425)453 -1523 e BUSINESS INFO Info. Desc. Value Business Ownership Type Corporation S.I.C. Code 8710 - Engineering /Architectural a Survey Services Gambling on Premises? NO Liquor Served an Premises? NO Number of Full -Time Employees in City 5 Business Phone Number 4254531523 Number of Part-Time Employees in City 0 Date Business To Start in FW Fee Desc. LIC- BUSINESS LIC. (1530) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) LIC -BUS. LICENSE RENEWAL (1532) PERMIT /LICENSE FEE(S) Fee Amount Balance 550.00 525.00 $25.00 550.00 550.00 550.00 550.00 550.00 550.00 550.00 550.00 $50.00 550.00 550.00 550.00 550.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.0(3 $0.00 50.00 50.00 50.00 50.00 50.00 PROCESSES AND NOTES Process Description Status Schedule Date Start Date End Date Assigned Staff p of Attempts Application Received - BL Closed Mar 20, 2002 Mar 20, 2002 Jan 14, 2009 Stephanie Courtney (253 -835- 0 2543) Application Routing Closed Mar 20, 2002 Mar 20, 2002 Mar 20, 2002 Step 3� anie Courtney (253 -835- 0 Planning Review Approved Mar 20, 2002 Mar 20. 2002 Mar 20, 2002 Cathleen Rossick (253- 835 -2527) 0 Renewal Notice Closed Nov 18, 2002 Dec 19, 2002 Dec 30, 2010 Cathleen Rossick (253 - 835 -2527) 0 Pre - Issuance Processing - BL Closed Mar 20, 2002 Mar 25, 2002 Mar 25, 2002 Z3hanie Courtney (253 -835- 0 ) Closed Dec 19. 2002 Dec 19, 2002 Dec 30, 2010 Cathleen Rossick (253- 835 -2527) 0 Renewal Processing Completed Back Powered by CSDC's AMAND•, a e o ® Home I Print 1 Emall I Contact Us 1 Employee Resources I Copyright Notices 1 Accessibility 1 Sitemap I Translate 33325 8th Ave. South, Federal Way, WA 98003, 253- 835 -7000 I Powered by CivicPlus A We are experiencing higher- than - normal call volumes and business filings. We appreciate your patience as we do our best to service every customer as quickly as possible. HDRENGINEERING, INC UBI Number 601021437 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation NE WA Filing Date 06/21/1985 Expiration Date 06/30/2017 Inactive Date Duration Agent Name CT CORPORATION SYSTEM Address 505 UNION AVE SE STE 120 City OLYMPIA State WA 2IP 985010000 Address City State 2M Governing Persons (as defined in RCW23.95.105(12)tRW/ /app. leg. /RCW/wpdefatltas Ocher 395.705)) Title Name Address Governor KEEN. ERIC L 8404 INDIAN HILS DRIVE OMAHA, NE 68114 Governor DEBS,JODYK 8404 INDIAN HILLS DRNE OMAHA, NE 68114 Governor HE61400, KATHLEEN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114 Governor VACANT, VACANT 8404 INDIAN HILLS DRIVE OMAHA, NE 68114 Governor LITTLE, GEORGE 4 8404 INDIAN HILLS DRIVE OMAHA, NE 68114 RETURN TO: 1. 2. 4. 5. 6. 8. 9. EXT: x705 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIv: PUBLIC WORKS/ ' r_,, ORIGINATING STAFF PERSON: ��( {� j4W&F- U� EXT: Z % 3. DATE REQ. BY: 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 #):� `) Qq V ❑ INTERLOCAL ❑ OTHER J PROJECT NAME:e9mmi9w 6 The w;v NAME OF CONTRACTOR:_ ti /7!/V6)/"U&jt K //VL ADDRESS: ST ?UW (216, 9040964,14114 0933Y E -MAIL: SIGNATURE NAME: QEN U - r TELEPHONE: FAX: TITLE: P EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES EP COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #-Q2-/0Jf83 BL, EXP. 12/31/ UBI # 66I OZa 437 , EXP. i0 /3d /LS— TERM: COMMENCEMENT DATE: 4'113115 COMPLETION DATE: -3/3/7/77 TOTAL COMPENSATION: $ I33; (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ;OWES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: '6 IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY El PURCHASING: PLEASE CHARGE TO: 301 w 50On 103 " Ski � " 5-9 " �) 10. DOCUMENT/ CONTRACT REVIEW INITIAL / DATE REVIEWED PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR _ LKDIRECTOR GD/'po/ ovw'o ❑ RISK MANAGEMENTT%(IF APPLICABLE) 7/29 pCAW DEPT 91 If INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CO RACT SIGNATURE ROUTING �f g/lq h SENT TO VENDOR/CONTRACTOR DATE SENT: O DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENS S, EXHIBITS III akl-AW DEPT 4_CHIEF OF STAFF )I SIGNATORY (WAYQJ� OR DIRECTOR) NXCITY CLERK X ASSIGNED AG # I(KKt SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENT FM II,1�7miz NEE LI• ciTV of CtiY HALL 33325 { � Feder 8th Avenue South y Federal Way:. WA 98003 -6325 Federal W-- 253'1 835 -7000 4v�"v +- tvoftederahvav wal AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR COMMISSIONING, ESTIMATING AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC This Amendment ( "Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and HDR Engineering Inc., a Nebraska corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Commissioning, Estimating and Geotechnical Consulting for the Federal Way PACC ( "Agreement ") dated effective May 15, 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 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. [Signature page follows] AMENDMENT - 1 - 1/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 v/�V i otynftederaiway coon IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY �i✓ir.Y, J. W, fib CG, y4s��1 l'v By: t Jim Kerrell, Mayor DATE: HDR Engineering Inc. By: 61 Karen Doherty Vice President DATE: �7� ►� STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Vwn (kyyferk, Stephanie Co rt ey, CMC APPROVED AS TO FORM: 7 o rCity Attorney, Amy Jo Pearsall On this day personally appeared before me Karen Doherty, to me known to be the Vice President of HDR that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 17Z— day of AU10f:--f' , 20 t 5 Notary's signature Notary's printed name Vjar-; �,Ke �1Sc- I�u�ra d p Notary Public in and for the State of Washington. My commission expires 4j-('7 -20 1 V Notary Public State of Washington SHARINEUENSCHWANDER My Appointment Expires Apr 17, 2018 AMENDMENT - 2 - 1/2015 CITY OF CITY HALL '0* Federal ...,. Federal Way d 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7004 www d"fiederahvay com EXHIBIT A -1 ADDITIONAL SERVICES COMMISSIONING, ESTIMATING AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC Amendment Description The contractor shall provide the following in addition to services in previous exhibits: HDR shall provide visualization work to support the City in their presentation efforts to the City Council. Task 500 Visualization Services Using data from the current site area, HDR Visualization will create two (2) 3D renderings of the current viewshed and one aerial view. HDR Visualization will then create two (2) cross sections showing the proposed new building heights. Assumptions • CITY will choose a camera angle that will be the basis of the 3D rendering • CITY will provide comments on preliminary deliverables as one (1) consolidated list within two (2) business days after the draft deliverables • All design data will be received from HDR design team prior to start of 3D modeling • All deliverables will be provided electronically. • GIS data will be provided in a geodatabase (.gdb) file with imagery provided as raw uncompressed .tif files. • HDR Project Manager shall attend the Council Special meeting to answer any questions that arise. Task 5.1 Project Management This task consists of the administration of HDR's Contract, and coordinating with the CITY to facilitate efficient progress and timely completion. Elements of work in this task include: • Task Start Up /Close Out Facilitate work in Task 500 to be completed in an accelerated manner Prepare presentation and attend one (1) meeting at the City of Federal Way with staff and one (1) City Council meeting. Task 5.2 Visualization services This task shall consist of preparing, modifying, and completing camera angles, 3D renderings and cross sections in draft and final format for the CITY. Deliverables • Two to three (2 -3) proposed camera angles for both of the 3D renderings Two (2) drafts of the 3D renderings of the viewshed and one aerial view delivered as an 11 x 17 150dpi PDF delivered electronically AMENDMENT 3 - 1/2015 City OF HALL 3332 Federal Way Feder 8th Avenue 8003 Federal Way VVA 98003 -6325 ( 2531 835 -7000 wlvw<Jtoi ffr`,iel Jiway com • Two (2) draft cross sections of the proposed building heights delivered as an 11 x17 150dpi PDF delivered electronically • Two (2) final 3D renderings of the current viewshed delivered as an 11x17 300dpi PDF delivered electronically with potential building elevations • Two (2) final cross sections of the proposed building heights delivered as an 11x17 300dpi PDF delivered electronically AMENDMENT - 4 - 1/2015 cirr OF .,� Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 3th Avenue South Federai Way. WA 98003 -6325 253 r 835 -7000 WIVVV ,,.14, 0ffe Jerahvav 1. Total Compensation: In return for the visualization Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand Seventy -Four and 82/100 Dollars ($19,074.82), an amount which includes One Hundred and 501100 Dollars ($100.50) for actual customary and incidental expenses incurred by the contractor; however such costs shall be deemed reasonable in the City's sole discretion. The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Fifty Two Thousand Seven Hundred Nineteen and 77/100 Dollars ($152,719.77). AMENDMENT - 5 - 1/2015 CITY OF CITY HALL '�._... 33325 8th Avenue South Federal Way. WA 98003 -6325 Fe d e ra l Way (253) 835 -7000 4tnvw cityoffederalway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR COMMISSIONING, ESTIMATING AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and HDR Engineering Inc., a Nebraska corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Commissioning, Estimating and Geotechnical Consulting for the Federal Way PACC ( "Agreement ") dated effective May 15, 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 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. [Signature page follows] AMENDMENT - 1 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cayoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY 4,41j IA By: A (V Jim Ferre , Mayor DATE: ������cl` r HDR Engineering Inc. BY: T (ln Iti t4v" W Karen Doherty Vice President DATE: Moll STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Stephanie CouftE y,-CMC APPROVED AS TO FORM: OWAA�w City Attorney, Amy Jo Pearsall On this day personally appeared before me Karen Doherty, to me known to be the Vice President of HDR that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20( 5 Notary's signature Notary's printed name ��ur -; (V1.lA Cv�St.l.iurav�lt r Notary Public in and for the State of Washington. My commission expires I--L-L-1-2019 Notary Public State of Washington SHARI NEUENSCHWANDER My Appointment Expires Apr 17, 2018 AMENDMENT - 2 - 1/2015 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederahaay com EXHIBIT A -1 ADDITIONAL SERVICES COMMISSIONING, ESTIMATING AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC Amendment Description The contractor shall provide the following in addition to services in previous exhibits: HDR shall provide visualization work to support the City in their presentation efforts to the City Council. Task 500 Visualization Services Using data from the current site area, HDR Visualization will create two (2) 3D renderings of the current viewshed and one aerial view. HDR Visualization will then create two (2) cross sections showing the proposed new building heights. Assumptions • CITY will choose a camera angle that will be the basis of the 3D rendering • CITY will provide comments on preliminary deliverables as one (1) consolidated list within two (2) business days after the draft deliverables • All design data will be received from HDR design team prior to start of 3D modeling • All deliverables will be provided electronically. • GIS data will be provided in a geodatabase (.gdb) file with imagery provided as raw uncompressed .tif files. • HDR Project Manager shall attend the Council Special meeting to answer any questions that arise. Task 5.1 Project Management This task consists of the administration of HDR's Contract, and coordinating with the CITY to facilitate efficient progress and timely completion. Elements of work in this task include: • Task Start Up /Close Out • Facilitate work in Task 500 to be completed in an accelerated manner • Prepare presentation and attend one (1) meeting at the City of Federal Way with staff and one (1) City Council meeting. Task 5.2 Visualization services This task shall consist of preparing, modifying, and completing camera angles, 3D renderings and cross sections in draft and final format for the CITY. Deliverables • Two to three (2 -3) proposed camera angles for both of the 3D renderings Two (2) drafts of the 3D renderings of the viewshed and one aerial view delivered as an 11 x1 7 150dpi PDF delivered electronically AMENDMENT -3 - 1/2015 CITY OF CITY HALL '��•.... Federal Way 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www otyoffederalway com • Two (2) draft cross sections of the proposed building heights delivered as an 11x17 150dpi PDF delivered electronically • Two (2) final 3D renderings of the current viewshed delivered as an 11x17 300dpi PDF delivered electronically with potential building elevations • Two (2) final cross sections of the proposed building heights delivered as an 11x17 300dpi PDF delivered electronically AMENDMENT - 4 - 1/2015 CITY OF CITY HAIL 33325 8th Avenue South Federal Way, WA 98003 -6325 Federal Way (253) 835 -7000 www Myoffederalway com EXHIBIT B -1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the visualization Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand Seventy -Four and 82/100 Dollars ($19,074.82), an amount which includes One Hundred and 50 1100 Dollars ($100.50) for actual customary and incidental expenses incurred by the contractor; however such costs shall be deemed reasonable in the City's sole discretion. The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Fifty Two Thousand Seven Hundred Nineteen and 77/100 Dollars ($152,719.77). AMENDMENT -5 - 1/2015 RETURN TO: 5AetwEXT: A 40.5... CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ I C 2. ORIGINATING STAFF PERSON: 1,-,111j, 4 n a-0)0 EXT: Z7 11 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): • FALI.y 1 1 ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) RAA ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT XPROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT MAN SERVICES/CDBG ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER ��,, ,, �� ,) Q o�f� �,, - _/► �p,� 5. PROJECT NAME: — C, 1 ] �6�011104 �'Vi'w` AEi� �-t%�'[m tAl C" •"6. NAME OF CONTRACTOR: us V ► ► _ fkk " ADDRESS: 1411"1 9 ` Sr 1JuJ , (D K, I\A128L2 g JA 9$332 . TELEPHONE: 253 8ST SZ bZ E-MAIL: 1^ FAX: SIGNATURE NAME: 4 c`r 4' bO TITLE: V-P 7. EXHIBITS AND ATTACHMENTS:VICOPE,W K OR SERVICES S' MPENSATTII N INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBIT efIZOOF OF AUTHORITY TO SIGN REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE#471-4 b// BL,EXP. 12/31/ /5 uBl# kol e .1 437,EXP. E/307 15 8. TERM: COMMENCEMENT DATE: '/��J'S11 S COMPLETION DATE: 3/31 ` /? 9. TOTAL COMPENSATION:$ 133, 67 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: p S�OO S ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ a IS SALES TAX OWED: ❑YES Vdb IF YES,$ v,' PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE To: -5300 -/10 • % -�O p-'Tf O 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR _ ;CDIRECTOR P/!GL /241111 :7/ �c ❑ RISK MANAGEMENT (IF APPLICABLE) 4)7 11 )cLAW DEPT g/L' 40 S 11. COUNCIL APPROVAL ) (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING '❑ SENT TO VENDOR/CONTRACTOR DATE SENT: l- I5 DATE REC'D: 5 1)41 ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES, XHIBITS IN AL/DATE SIGNED 5114-1 1 LAW DEPT 4r54 N/15 1 HIEF OF STAFF rj IGNATORY(MAYOR Ofi-BtRIx To14) '��y�� c 'CITY CLERK LOK Al mim ..ASSIGNED AG# AG' .. IGNED COPY RETURNED DATE SENT: in SeZETURN ONE ORIGINAL COMMENT ' EXECUTE'"ORIGINALS 19LP�I, - 14Ew ,./. I,Y2wgOO )C A rn r fRDF.S /Z AdeF '$vr f/Ar A/As 4PReav0.2 fat //P/I Aa vv wE w/LI- U.Q,v » _swine- Awiir it 2 - vockticalvi 6,vt__ Wilo Loin 6�' (' . _ . a - 1/15 41111kh, CITY or CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway com PROFESSIONAL SERVICES AGREEMENT FOR COMMISSIONING,ESTIMATING AND GEOTECHNICAL CONSULTING FOR THE FEDERAL WAY PACC This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and HDR Engineering, Inc, a Nebraska Corporation ("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: HDR Engineering,Inc CITY OF FEDERAL WAY: Karen Doherty 4717 97th Street NW William Appleton Gig Harbor, WA 98332-5710 33325 8th Avenue South (253) 858-5262(telephone) Federal Way, WA 98003-6325 (253) 858-5263 (facsimile) (253)835-2711 (telephone) Karen.Doherty@hdrinc.com (253) 835-2709(facsimile) William.appleton@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 March 31, 2017 ("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 represents that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement.Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates 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 cityoffederalway corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, and hold the City, its elected officials, officers, employees, agents, representatives, and insurers 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, reasonable 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; to the extent caused by the negligent acts,errors or omissions of the Contractor 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 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 require that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, and insurers 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 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 411466,. CITY OF 3332 8Th 25 8th Avenue South .4104.° Federal Way 333 Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway corn 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain such 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 with the exception of those standard details and specifications regularly used by the Contractor in its normal course of business 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. Any reuse or modification of such documents for purposes other than those intended by the Contractor in its Scope of Services shall be at the City's sole risk and without liability to the contractor herein. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently n of the Services specified in this Agreement, and and properly reflect all direct and indirect costs related to the performance o p gr , 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 PROFESSIONAL SERVICES AGREEMENT - 3 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98803-6325 (253) 835-7000 www catyoffedera way corn monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or any such conflicts of interest in Contractor agrees t o resolve a su interfere with Contractor's ability to perform the Services. Contra gr y favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived,or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2015 ` CITY OF CITY HALL 333 Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www c,tyoffedera1way corn in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the n over such a Superior Court does not have 'urisdictio 0 parties agree in writing to an alternative process. If the King County Supe � 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 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 CITY OF CITY HALL "�..... Federal Way Feder 8th Avenue South 003 Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: At / ►iI/ Jim a 1, ayor 11, I lerk, Stephanie C e ey, CMC DATE: �J /5 l3 APPROVED AS TO FORM: -20 r'City Attorney, Amy Jo Pearsall HDR Engineering, Inc. By: r)eCtAP-- /1149,11- Printed Name: Karen Doherty Title: Vice President DATE: t C 15 STATE OF WASHINGTON ) ) ss. COUNTY OF ,1 ) On this day personally appeared before me Karen Doherty, to me known to be the Vice President of HDR Engineering, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVFNmYhand.a ad.officiaLseal this t t day of V-1 , 201 5 Notary Public \ State of Washington Notary s signature ..._\\k,oj, 1 wY v SHARI NEUENSCHWANDER Notary's printed name Saar, Nt u e n5 c.. h wun °r' My Appointment Expires Apr 17,2018 Notary Public in and for the State of Washington. My commission expires H-11 --20 t 8 PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2015 ilikkh, CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way,WA 98003-6325 (253) 835-7000 wwww crtyoffederatway corn EXHIBIT A SERVICES The Contractor shall do or provide the following: Task 100 Project Management/Consultant Coordination This task describes those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the CITY and project stakeholders will be met or exceeded. Assumptions The CONTRACTOR's project manager shall meet with the CITY representative on a monthly basis throughout the project. Estimated duration is 18 months. The CONTRACTOR shall submit monthly invoices with a written summary of project progress to-date and activities expected for the next month. Task 1.1 Project Reporting/Project Management This task consists of administration of HDR's Contract and coordinating with the CITY to facilitate efficient progress and timely completion. Elements of work in this task include: • Project Start Up/Close out o This work shall consist of setting up project file structure for storing relevant project documentation. This work also includes closing out the project, compiling and submitting all documents and closing project files. • Develop and submit monthly progress reports/invoices and evaluate and monitor project budget. • Establish and maintain the communication plan between the CITY, team members and sub-consultants. • Establish a collaborative project approach and resolution strategies regarding project challenges. Task 1.2 Meetings In addition to attending specific meetings as described in other tasks, the CONTRACTOR project manager shall attend the following meetings: Meetings Purpose(Frequency) Preparation/Documentation CITY/CONTRACTOR Coordination meetings to Meeting minutes summarizing discuss progress, action items, action items, decisions made and budget, schedule, upcoming strategies issues (monthly) CONTRACTOR TEAM Coordinate team's Prepare agenda. progress/effort, status (Bi- Summary of decisions made and weekly) assigned action items Assumptions • There shall be 18 CITY/CONTRACTOR Meetings o CITY/CONTRACTOR meetings are assumed to be one hour in duration and be attended by the CONTRACTOR Project Manager or Designee. PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2015 CITY OF CITY HALL 33 er 8th Way, South Federal Way Federal Way,,W WA 98003-6325 (253) 835-7000 www cityoffederalway coin o Meetings shall be considered face-to-face meetings held at the City of Federal Way. If at the request of the CITY, meetings may be conducted as conference call meetings held between the CITY/CONTRACTOR project managers. • CONTRACTOR Team Meetings shall be conference call meetings. o Meetings shall be one hour in duration and be held two times per month for a period of 18 months. Meeting participants shall be comprised of the CONTRACTOR Project Manager, and Task Leads. CONTRACTOR Team meeting will be conducted when necessary to coordinate the work relevant to the stage of the project. Deliverables • Monthly progress report and invoicing (one copy each month) • Meeting agenda and minutes (one copy for each meeting). Task 200 Building Commissioning Services This task describes those services required by HDR to provide commissioning (Cx) services to certify the PACC building and facilities are built to plans and specifications, satisfy LEED (Leadership in Energy and Environmental Design) sustainability requirements, are maintainable in a manner described in the specifications, and operate at peak performance. The commissioning scope of work includes both mechanical and electrical systems; including HVAC (split system air conditioning units, AHUs, supply and exhaust terminal units, and exhaust fans), domestic water systems, electrical distribution, lighting control systems, and auditorium/performance systems. The tasks in this scope shall provide the CITY with the prerequisites to meet the requirements for the fundamental commissioning process of LEED documentation. The CITY shall be responsible for leading the effort of acquiring LEED certification. All labor and application expenses related to the actual process of applying for and acquiring the LEED certification shall be the responsibility of the CITY. Task 2.1 System Commissioning The following systems are will be scheduled for commissioning: Mechanical Systems (LEED) • HVAC&R Systems • Variable Refrigerant Flow System • Air Handlers • Terminal Units • Exhaust Fans • Heat Recovery Systems • Pumping Systems • Steam Converters • Computer Room NC Units • Domestic Hot Water Systems • Automated Control System & Components Electrical Systems (LEED) • Lighting Controls PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2015 CITY OF CITY HALL t.. 33325 8th Avenue South Fe d e ra 1 VVay Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederoiway corn Electrical Systems (non-LEED) • Generators • Automatic Transfer Switches Other (LEED) • Renewable Energy Systems Exclusions • Existing Equipment • Mass Notification Systems • Building Envelope The designated Commissioning Authority (CA) shall lead, review and oversee the completion of the commissioning process activities defined herein. The CA shall report results, findings and recommendation directly to the Deputy Public Works Director. This scope of work includes compliance with the USGBC LEED certification requirements. The commissioning activities required for LEED EA Prerequisite-1 & Enhanced Commissioning Credit-3. The approach to commissioning includes processes and activities that are geared to provide the NE, Construction and Owner Maintenance & Operation teams with a smooth transition between the design, construction, operation (post-construction) and warranty phases of the project. For convenience, we have listed separately the Design Phase, Construction Phase, and Warranty Phase commissioning services; and show the items requiring LEED documentation. Task 2.2 Design Phase • Assist with developing and review the OPR (Owner Project Requirements) for clarity and completeness. • Assist wi h developing and review the engineering BOD (Basis of Design) report for clarity and completeness. • Develop and incorporate commissioning requirements into the construction documents (Prerequisite requirement). Include the General Commissioning Requirements specifications • Review the design documents prior to mid-construction documents phase and back-check review comments responses in subsequent design submissions. • Prepare a draft Commissioning Plan. Identify the Owner, NE team, Contractor, and CA responsibilities. The plan shall include acceptance criteria for installation and systems performance. Submit draft Commissioning Plan to the NE team and Owner for review and comment. It is assumed there will be one draft and one final plan produced. • Prepare sample versions of the Pre-Functional Check (PFC) and Functional Performance Test (FPT) check sheets of each type of equipment for inclusion in the bid specifications and Commissioning Plan. • Prepare a draft web-based Data Management plan using existing software. The plan shall address features necessary to facilitate timely electronic updates that show the status of all commissioning pre-functional and functional acceptance activities. The plan shall outline methods to bring together and electronically make available other commissioning related information such as equipment submittals, ductwork/piping pressure tests, specialized certifications, and issues logs. • Prepare a Commissioning Report prior to the completion of each design phase and detail the status of all commissioning activities. PROFESSIONAL SERVICES AGREEMENT - 9 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederahaay.corn • Update USGBC on-line templates documenting the status of the Commissioning activities if required. Task 2.3 Construction Phase (Installation, Acceptance and Project Closeout Activities) • Finalize and implement the Commissioning Plan. The plan shall include the names/contact info for all team members designated as Commissioning Coordinators representing the Owner, A/E team, Contractor, Subcontractors, Vendors, Agency/Authority having jurisdiction, and others as deemed necessary by the Commissioning Authority. • Prepare 12 Monthly Commissioning Status Reports with copies sent to the CITY and the CITY's representative. • Provide oversight with the completion of commissioning process activities. Organize & lead monthly commissioning meetings during the 12 month commissioning period, coordinate commissioning activities, record meeting minutes and distribute minutes to the commissioning team members. Meetings are estimated to be one hour in length with three hours preparation and note distribution time. Eight total meetings will be held during the construction/commissioning period. • Concurrently with the NE team, review CONTRACTOR submittals applicable to the systems being commissioned and review resubmittals if required. Check for compliance with the OPR, BOD and construction bid documents. • Prepare and distribute final versions of the Pre-Functional Check (PFC) sheets for use by the CONTRACTOR. The check sheets shall be updated to match equipment submittal data and incorporate installation/startup procedures in accordance with the manufacturer's requirements. Check sheets are based on the final number of the pieces of equipment. It is assumed for this budget that there will be 85 pieces of equipment requiring check sheets. They will be created and then updated once after actual submittals are received and approved. • Prepare and distribute or review CONTRACTOR's final versions of the Functional Performance Test (FPT) sheets for use by the CONTRACTOR. The check sheets shall be updated to match equipment submittal data and incorporate startup/testing procedures in accordance with the manufacturer's requirements. • Review and comment on the CONTRACTOR's installation, start-up, and operational testing documentation & procedures (one review). Verify processes are consistent with PFC & FPT check sheet requirements. • Finalize and implement a Data Management System plan for `real-time' web-based tracking the status of pre-functional and functional performance tests. • Provide periodic on-site review of systems installation and operation. Each site visit shall be documented in a Site Observations Report. • Verify the installation and performance of the commissioned systems (Prerequisite requirement). Perform independent functional performance tests with the cooperation of the CONTRACTOR to verify systems performance. The percentage of independent equipment/systems testing as subset of systems already listed shall be as follows: o 100% major equipment/systems control sequences (air-handling units, chillers water connection, VRF system, boiler connections, generator interface, heat recovery units, pumps, converters, and domestic hot water heaters/circulation pumps) o 100% computer room units o 25% fan terminal &VAV units o 100% renewable energy systems PROFESSIONAL SERVICES AGREEMENT - 10 - 1/2015 441/44 CITY OF CITY HALL 33325. _... Federal Way Feder 8th Avenue South Federal Way,WA 98043-6325 (253) 835-7000 www cityoffederalway corn O 25% DDC point to point O 100% emergency power automatic transfer switches O 100% lighting and daylighting controls O 25% life/safety alarm signal interface O 100% fire/smoke dampers • Review the CONTRACTOR's testing, adjusting and balancing (TAB) procedures for compliance with requirements of the construction documents. Review final TAB report for completeness, and perform random spot checks at 10 percent of the measured flows to authenticate report accuracy. • Maintain an Issues Log that documents observation of systems & equipment deficiencies along with other commissioning issues. The log shall include party responsibility and actions-required fields. The status of each issue will be tracked and verified when the acceptable corrective measures have been completed. It is estimated for this task that there will be 100 issues requiring an average of two hours to resolve. • After corrective measures have been completed, provide one back-check of each issue discovered and noted during verification of the CONTRACTOR's completed PFT & FPT check sheets. CA may submit compensation requests for additional back-checks when they are deemed mandatory or required by the owner. • Review as-built drawings and O&M Manuals once for clarity and completeness and provide comments and one re-review. • Verify the requirements for training operating personnel and building occupants are completed. Assist with organizing training agendas, training requirements, videotaping, schedule coordination, reviewing instructor qualifications, training procedures & materials, equipment demonstrations, and other construction document requirements. • Assist the Owner, A/E team and CONTRACTOR with closing out all items on the commissioning Issues Log. • Finalize the Systems Manual. The manual provides the owner's operations & maintenance staff with the information needed to understand and optimally operate the commissioned systems (Enhanced requirement). • Complete a summary Commissioning Report. The report shall be provided in hardcopy book-form and on a CD/DVD in a menu-driven format. • Update USGBC on-line templates to document the status of LEED Commissioning activities if required. Task 2.4 Phase (Post-Construction) • Review the commissioned equipment/systems operation within 10 months after substantial completion. Interview the owner's O&M staff & building occupants and document operations/comfort issues. Prepare a resolution plan for outstanding commissioning-related issues. • Preview the CONTRACTOR HVAC systems Seasonal Test Plan and verify testing results comply with the construction documents. The Commissioning Authority shall provide the FPT check sheets for use by the CONTRACTOR during testing. Assist the owner with coordinating test schedules and fulfilling other requirements listed in the Commissioning Plan. Assumptions • HDR commissioning services will continue into post-construction occupancy of the facility and through the 10-month warranty period for a LEED certified project. PROFESSIONAL SERVICES AGREEMENT - 11 - 1/2015 41111416 CITY of CITY HALL �... Federal Way 33325 8th Avenue South Federal Way,WA 98003 003 -6325 (253) 835-7000 www atyoffederahvay.corn • This task assumes a 18 month total construction schedule with 12 months of commissioning related, equipment specific tasks. Commissioning is assumed to start in month six of the construction schedule. All tasks in TASK 200 are estimated based on the 12 month period of execution. • Eighty-five pieces of equipment are estimated for this project to be part of the plan and requiring check sheets. • It is assumed the architect will remain the same entity throughout the life of the project without change and available for project communication. Deliverables • HDR recommendations and LEED comments on the proposed design provided by LMN Architects • Commissioning plan for inclusion into the project specifications • Final commissioning report, findings and conclusions Task 300 Geotechnical Services (GeoResources) The following are geotechnical services to be provided in this contract. Task 3.1 Final Design The following tasks shall be performed by the Geotechnical (SUB-CONSULTANT) in support of the construction of the PACC. • Review previously prepared draft preliminary report and draft updated preliminary report provided to us by the City of Federal Way; • Review current structural, and civil design; • Prepare final Geotechnical Engineering Report; and • Attend one to two final design meetings. Task 3.2 Construction Monitoring • Attend a pre-construction meeting with project CONTRACTOR, HDR, City of Federal Way officials • Provide full time inspection during pin pile installation and verification load testing • Additional part-time construction monitoring services may be provided by the SUB-CONSULTANT only upon request by the CITY for: o Site stripping and clearing o Subgrade preparation o Site grading including structural fill placement and compaction o Utility trench backfill placement and compaction (to be provided by City) o Detention vault excavation, subgrade preparation, structural fill placement and compaction (to be provided by City) Secondary Inspections provided only upon request of the CITY as Additional Services • Building subgrade preparation and bearing capacity • Slab-on-grade floor subgrade preparation and capillary break installation • Subsurface drainage (perimeter footing drain and under slab drains) • Subgrade preparation for side walk, retaining walls, and other hard-scape areas • Verify pavement subgrade, base course, and HMA/concrete pavement installation PROFESSIONAL SERVICES AGREEMENT - 12 - 1/2015 4%6 CITY OF CITY HALL �.. Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway.corn Assumptions • One Final report shall be provided (Please note: While a draft updated preliminary report has been completed by others, the sub consultant will be required to prepare a new final report. The final report will include a description of the project as currently proposed, as well as their own engineering analysis relative to site preparation, structural fill, foundations, floors, subgrade walls, drainage, pavement, sidewalks/patios, stormwater management, erosion control and wet weather construction limitations.) • Five site full time site visits for pin pile installation and verification testing • Twenty-two part time site visits for other scope items shall be provided. • The site conditions assumed for this scope and estimate are based on the preliminary report prepared by the CITY's previous geotechnical consultant. Any deviations from the assumed conditions may require adjustment at the time of the construction schedule development or as actual conditions are encountered in the field. • The inspector shall only inform the City of Federal Way or their designee of observations and recommendations that may affect the contract costs or schedule will be made directly to them. The inspector shall not direct nor instruct the CONTRACTOR. • Secondary inspections called out in section 3.2 are assumed to be provided by the City. These inspections can be provided upon request of the City and negotiation of additional scope and budget. Deliverables • Preparation of 27 daily field reports for each day on site • Draft and Final certification report and letter Task 400 Estimating Services (JMB Consulting Group) The following are estimating services to be provided in this contract. Task 4.1 Design Development Phase—Peer Review • Perform a peer review of the design development estimate created by Mortensen Construction Company and identify any deviations or changes from the original scope. • The review shall consist of an evaluation of overall scope and unit prices previously prepared and presentation of a draft Opinion of Probable Cost (OPCC). • One meeting in Federal Way, WA is included for this work item. Task 4.2 Final Construction Document Phase—Cost estimate • Prepare an OPCC for the final design. • The opinion shall be based on final construction documents prepared by the CITY's architect and consist of no more than one option including the respective building and site work. • Cost opinions are to be presented in the Uniformat II format. • One meeting in Federal Way, WA is included for this work item. Assumptions • No expenses are estimated at this time external to the labor for this item • The Mortensen Construction Company estimate product shall be made available to the sub-consultant. Deliverables • Peer review report with draft OPCC • Final OPCC for the PACC project PROFESSIONAL SERVICES AGREEMENT - 13 - 1/2015 CITY OF 33325 HALL •_.. Federal Way Fed 8th Avenue South Federal Way,WA 98003 003 -6325 (253) 835-7000 www atyoffederatway 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 Thirty-Three Thousand Six Hundred Forty-Four and 95/100 Dollars($133,644.95) 2. Method of Compensation: Hourly rate. In consideration of the CONTRACTOR performing the Services, the City agrees to pay the CONTRACTOR an amount calculated on the basis of the hourly labor charge rate schedule for CONTRACTOR's personnel as shown below: HDR Title Rate Marilley,Jill M Senior Construction Manager $205.75 per/hr Garcia,Gus B Project Mgr/Local Gov't Lead $146.82 per/hr Huynh,Chemelyn C Sr.Accounting Assistant $91.94 per/hr Commissioning&Facility Services Beckingham,Matthew Director $269.63 per/hr Moore,David Commissioning Services $164.30 per/hr Mclean,Bryan Commisioning Service $122.51 per/hr Fischer,Dennis A Senior Geotechnical Engineer $192.62 per/hr Geotechnical Keith Schembs Principal $150.00 per/hr Senior Engineer/geologist $120 per/hr Staff engineer/geologist $90 per/hr Senior Technician $65 per/hr Technician $55 per/hr Support Staff $45 per/hr Cost Estimating Jon Bayles Principal $150.00 per/hr Labor Estimate Task Description Estimated Labor Dollars Project Management $25,954.63 Commisioning Services 53,753.87 Geotech Review 1,919.82 Estimating Review 411.51 PROFESSIONAL SERVICES AGREEMENT - 14 - 1/2015 CITY OF CITY HALL ' lNay 33325 8th Avenue South 0000,4. .....„, Fe d e ra Federal Way,WA 98003-6325 (253) 835-7000 www crt yoffederafway corn Geotechnical Assistance $23,084.25 Construction Cost Estimating $27,720.00 Total 132,843.45 Reimbursable Expenses. The actual customary and incidental expenses incurred by CONTRACTOR in performing the Services including vehicle mileage and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Eight Hundred and 88/100 Dollars ($800.88). PROFESSIONAL SERVICES AGREEMENT - 15 - 1/2015 Exhibit C ® DATE(MM/DD/YYYY) A ° CERTIFICATE OF LIABILITY INSURANCE • 6/1/2015 5/13/2015 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). CONT PRODUCER Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE IFAX Kansas City MO 64112-1906 (NC. Ext): (NC,No) (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Fire Insurance Company 19682 INSURED HDR ENGINEERING,INC. INSURER B:Travelers Property Casualty Co of America 25674 1012100 8404 INDIAN HILLS DRIVE INSURER C:New Hampshire Insurance Company 23841 OMAHA NE 68114-4049 INSURER D:Lexington Insurance Company 19437 INSURER E:National Union Fire Ins Co Pittsburgh PA 19445 INSURER F: COVERAGES HDRINO1 CERTIFICATE NUMBER: 13485453 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W D/ LIMITS LTR INSD VD POLICY NUMBER (MM/DYYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY Y Y 37CSEQUO950 6/1/2014 6/1/2015 EACH OCCURRENCE $ 1.000.000 DAMAGE TO RENTED CLAIMS-MADE X I OCCUR PREMISES(Ea occurrence) $ 300,000 X CONTRACTUAL LIAB MED EXP(Any one person) $ 10.000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 POLICY X Fin X LOC PRODUCTS-COMP/OP AGG $ 2.000.000 OTHER: $ A AUTOMOBILE LIABILITY N N 37CSEQUO951 AOS) 6/1/2014 6/1/2015 COMBINED SINGLE LIMIT $ A — 37CSEQU0952(HI) 6/1/2014 6/1/2015 (Ea accident) 2,000.000 A X ANY AUTO 37CSE1160(MA) 6/1/2014 6/1/2015 BODILY INJURY(Per person) $ XVVVXXXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XXX (X AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ XXXXXXX $ XXXXXXX B x UMBRELLA LIAB X OCCUR N N ZUP-I0R64084-14-NF 6/1/2014 6/1/2015 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF.LIAB) AGGREGATE $ 1.000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION C AND EMPLOYERS'LIABILITY Y 027527762(AOS) 7/1/2014 7/1/2015 X I STATUTEI I ER C ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 027527764(ME) 7/1/2014 7/1/2015 E.L.EACH ACCIDENT $ 1.000,000 E OFFICER/MEMBEREXCLUDED? IN I N/A 027527763 CA) 7/1/2014 7/1/2015 (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 D ARCHS&ENGS N N 061853691 6/1/2014 6/1/2015 PER CLAIM:$1,000,000. AGG: PROFESSIONAL $2,000,000. LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES TO THE CITY OF FEDERAL WAY IN THE FOLLOWING SPECIFIC AREAS: COMMISSIONING,GEOTECHNICAL MONITORING AND ESTIMATING.CITY OF FEDERAL WAY IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AS PER WRITTEN CONTRACT,ON A PRIMARY,NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. CERTIFICATE HOLDER CANCELLATION 13485453 CITY OF FEDERAL WAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTENTION: WILLIAM APPLETON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8TH AVE. S ACCORDANCE WITH THE POLICY PROVISIONS. FEDERAL WAY WA 98003-6325 AUTHORIZED REPRESENTAT E ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD