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AG 17-077
I I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: Y\ ORIGINATING STAFF PERSON: �l EXT: 3. DATE REQ.BY: 171/4D"1 TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) O PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE 0 RESOLUTION )(CONTRACT AMENDMENT(AG#): I�'C�-► 1 ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: 9.A(`�) J� ,/ t; w� 4 NAME OF CONTRACTOR: \}k\3 L-- T1- • ADDRESS: Z 2-15 tom,--j-1-� ,��� ---,if- 3- .3 c) TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE EXHIBITS AND ATTACHMENTS:5;SCOPE,WORK OR SERVICES COMPENSATION k INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑>(gEQUIRED LICENSES t51 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: S/ 1 l COMPLETION DATE: �/3v/ TOTAL COMPENSATION$11 U L)L j- 2-1-kLCu3 = U' �C, OC 3 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:D YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES 0 NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT(SEE CONTRACT) OR D RETAINAGE BOND PROVIDE O PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED O PROJECT MANAGER O DIRECTOR O RISK MANAGEMENT (IF APPLICABLE) ❑ LAW LR I S c9cr 201 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING U t)/3� /I O SENT TO VENDOR/CONTRACTOR DATE SENT: 1 l 1 1. / $ a DATE REC'D: O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS O 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 O LAW DEPARTMENT 1 &ie., 2(918 GNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ."1601 D ASSIGNED AG# AG# \1-0-11 ❑ SIGNED COPY RETURNED DATE SENT: \k.Co- ;OMMENTS: Innl)l ` CITY OF CITY HALL �.. ede8th Avenue South Federal Way Federal Federr al Way.WA 98003-6325 (253) 835-7000 www cityoffedera/way corn AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR PARKS, RECREATION & OPEN SPACE PLAN DEVELOPMENT This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and AHBL,Inc.,a Washington 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 development of the Parks, Recreation&Open Space Plan Development("Agreement")dated effective May 4, 2017, 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 June 30, 2019 ("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-1 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-1,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the 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 iiiii. CITY OF CITY HALL �...... Federal Way 33325 8th Avenue South003 �.r/ (253) 835-7000 Way. 0 98003-6325 wwww citvoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: IP � I By: /' Ji "err- 1, Mayor hanie Courtney, CMC, ty Clerk DATE: /( /// APPROVED AS TO FORM: Ez..;.h, go„.04111 for J. Ryan Call, City Attorney AHBL, INC.: By: /'„c,� • Printed ‘me: to►a y iJ E• C a aC,Sod Title: prt nuC4 'f1 - Vicom ,P e-CS1P/ Date: 25 d Cre erz Zc(b STATE OF WASHINGTON ) ss. COUNTY OF e rz - ) On this day personally appeared before me IJa ite Otr k oh , to me known to be the iii hCt 6eA-1 of 4 Het, IN._ 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. tis GIVEN my hand and official seal this .2-s day of 06.44� , 20/J? 9 4,6z. o , �'%��, Notary's signature z7� ti � r1 Notary's printed name �opt- ("1 Y J f3e// (tS.�r '; Notary Public in and for the tate of Washington. p•;'��r coc ,i%i My commission expires . �tate) 45.1x2 ,ceof la• OF �,k% IVA514 = AMENDMENT - 2 - 3/2017 441/4, CITY OF CITY HALL �... 33325 8th Avenue South Federal Way Federal Way.WA 98003-6325 ^►..� (253) 835-7000 www cityoffederalway corn EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Task 1:Project Kickoff Data Collection and Analysis Task 1 activities are focused on gathering all of the relevant information to understand current parks, recreation, and open space conditions that may have changed since the last update of the City's Parks, Recreation and Open Space (PROS) Plan. A. Additional City Staff Meetings AHBL staff will meet with City Parks and Recreation Department staff to identify system and site- specific issues and concerns that should be addressed as a part of the PROS Plan update. This scope of services includes two additional meetings beyond the original scope of services. Task 1 Deliverables • Preparation for and attendance at two meetings with City staff. Task 2:Public Engagement Task 2 involves the engagement of residents and stakeholders throughout the preparation of the PROS plan. The engagement includes surveys, stakeholder meetings, focus group meetings, and open houses. A. Prepare Survey Questionnaire AHBL prepared one (1) survey questionnaire in Spanish for soliciting public comment on the City's parks, recreation, and open space facilities, resources, and programs. B. Stakeholder Meeting AHBL staff prepared for and attended two additional stakeholder meetings beyond the original scope of services. C. Focus Group Meetings AHBL staff prepared for and facilitate two focus group meeting. One of the meetings was with the Weyerhaeuser stakeholders and the second meeting was the Brooklake stakeholders. Task 2 Deliverables • Translate the survey of parks,recreation, and open space facilities, resources, and programs into Spanish for circulation at the Community Center and on-line. • Prepare for and facilitate a meeting one additional meeting with the PROS Plan stakeholder group. • Prepare for and facilitate a meeting with the "Save the Weyerhaeuser Campus"group. • Prepare for and facilitate a meeting with the Brooklake Community Center group and its current leasees. Task 2 Meetings • One stakeholder meeting; and • Two focus group meetings. AMENDMENT - 3 - 3/2017 ` CITY OF CITY HALL 33325 �...., Federal Way Feder 8th Avenue S0 Federal Way.WA 9800303 -6325 (253) 835-7000 www cltyoffederalway corn Task 3:Prepare Draft PROS Plan The work under this task involves the preparation of plan elements that the May 4, 2017 agreement had stipulated would be prepared by City of Federal Way staff. A. Chapter 1: Introduction AHBL staff updated Chapter 1 of the City's 2013 PROS Plan. B. Chapter 2: Community Profile AHBL staff prepared population projections for the City and its potentially annexation areas based on coordination with City staff from the Departments of Community Development and Economic Development. C. Chapter 3: Existing Park and Open Space System AHBL staff documented the existing park and open space system through an inventory of all City-owed property within the municipal corporate limits. The inventory was intended to minimize data overlaps and to determine levels-of-service. This was a task originally intended to be performed entirely by City staff. Task 3 Deliverables • Spreadsheet and GIS shapefiles identifying the City's parks, trails, and open space resources as well as stormwater and circulation facilities that are located on real property. Task 3 Meetings • Two meetings with City staff to review the open space resources and calculations. Task 4:Prepare Final PROS Plan A. Mock-up Layouts Meeting AHBL staff participated in a meeting with City staff to review and refine the mock-up layouts that were prepared for the updated plan. B. Layout and Graphics Production AHBL staff will prepare additional graphics to support the final design of the City's 2019 PROS Plan. C. Final PROS Plan This item includes an addition four hours of time to amend the final PROS Plan based on public comment received during the adoption phase. Task 4 Deliverables • Meeting with City staff to review and select the preferred mock-up plan layout. • Charts, tables and infographics for inclusion in final draft PROS Plan; • Final draft Parks, Recreation and Open Space Plan; and • Electronic files of final adopted PROS Plan—in Adobe PDF file, and one additional online format suitable for reading on a mobile device. AMENDMENT - 4 - 3/2017 ` CITY OF CITY HALL 33325 �. Federal Way Feder 8th Avenue 0 Federal Way.WA 98800303 -6325 �r..� (253) 835-7000 www c,tyoffederaiway corn EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Twenty-Six Thousand and NO/100 Dollars ($26,000.00). The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed Sixty-Six Thousand and NO/100 Dollars($66,000.00). 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: Reimbursable expenses such as mileage and reprographics.This scope of work will be billed on a time and expense basis. ra w U d a CONTRACT AMENDMENT ra" U a BUDGET 72, MI CI mss� CCI Qa-, da f1a, Billing Rates: TOTALS $215 $125 $125 Task 1: Project Kickoff,Data Collection and Analysis A. Additional City Staff Meetings 2 6 0 $1,180 Task 1 Subtotal 2 6 0 $1,180 Task 2: Public Engagement A. Prepare Survey Questionnaire (SPANISH) 4 6 0 $1,610 B. Stakeholder Meeting 6 14 0 $3,040 C. Stakeholder Meetings 10 16 0 $4,150 Task 2 Subtotal 20 36 0 $8,800 Task 3: Prepare Draft PROS Plan A. Chapter 1: Introduction 4 8 0 $1,860 B. Chapter 2: Community Profile 8 0 0 $1,720 C. Chapter 3: Existing Park and Open Space System 16 40 0 $8,440 Task 3 Subtotal 28 48 0 $12,020 AMENDMENT - 5 - 3/2017 ` CITY OF CITY HALL �., 33325 8th Avenue South Federal Way Federal Way.WA 9800303 -6325 (253) 835-7000 www cityoffederalway com Task 4: Prepare Final PROS Plan A. Mock-Up Layouts Meeting 0 2 2 $500 B. Layout and Graphics Production 0 0 24 $3,000 C. Final PROS Plan 0 0 4 $500 Task 4 Subtotal 0 2 30 $4,000 TOTALS 50 92 30 $26,000 REIMBURSABLE EXPENSES (COLOR PLOTS,MILEAGE, $0 ETC.) GRAND TOTAL $26,000 AMENDMENT - 6 - 3/2017 ® DATE(MM/DDIYYYY) ACORC1 CERTIFICATE OF LIABILITY INSURANCE `..----' 9/11/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Angela Borg Dealey, Renton&Associates PHONE FAX P. O. Box 12675 ac.No.ext/; 510 465-3090 (NC,No):510-452-2193 Oakland CA 94604-2675 ADDRESS: aborg@dealeyrenton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of America 25666 INSURED AHBLINC INSURER B:Phoenix Insurance Company 25623 AHBL, Inc. 2215 North 30th Street, Suite 300 INSURER C:Travelers Indemnity Company 25658 Tacoma WA 98403 INSURER D:XL Specialty Insurance Co. 37885 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:517712245 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POWLID/CY EFF POLICY EXP LIMITS LTR INSD VD POLICY NUMBER IMMIDD/YYYY) (MM/DYYYYI A X COMMERCIAL GENERAL LIABILITY Y V 6808J59430A 9/11/2018 9/11/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 _ MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA8J595111 - 9/11/2018 9/11/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) C X UMBRELLA LIAB X OCCUR Y Y CUP8J596642 9/11/2018 9/11/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10 000 $ A WORKERS COMPENSATION 6808J59430A 9/11/2018 9/11/2019 PER OTEI- STATUTE ER WA Stop Gap AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (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 Professional DPR9931525 9/11/2018 9/11/2019 Limit $2,000,000 Liability Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:Project No.2120072.30,City of Federal Way Park Plan Update.The General Liability policy includes a blanket automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract or written agreement between the named insured and the certificate holder that requires such status,and only with regard to work performed on behalf of the named insured.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Steve Ikerd City Hail,33325 8th Avenue S. AUTHORIZED REPRESENTATIVE Federal Way WA 98003-6325 PAriela-- 169401'''I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808J59430A ISSUED DATE: 9/11/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage" included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when,the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for"bodily injury" or"property dam- tions hazard". age" caused, in whole or in part, by"your work" at the CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808J59430A ISSUED DATE: 9/11/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you agree in a written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY damage arising out of your ongoing operations or AGAINST OTHERS TO US Condition (Section IV- "your work" done under a contract with that person COMMERCIAL GENERAL LIABILITY CONDITIONS) or organization and included in the "products- is amended by the addition of the following: completed operations hazards." This waiver applies We waive any right of recovery we may have against only to the person or organization shown in the the person or organization shown in the Schedule Schedule above. above because of payments we make for injury or CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6808J59430A ISSUED DATE: 9/11/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or"property damage"occurs or the"personal injury"or"advertising injury"offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to in- This insurance does not apply to"bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been corn- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- 2. That portion of "your work" out of which the nated above. injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. POLICY NUMBER: 6808J59430A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary (1) The "bodily injury" or"property damage"for which Insurance, of SECTION IV — COMMERCIAL GEN- coverage is sought is caused by an "occurrence" ERAL LIABILITY CONDITIONS: that takes place; and However, if you specifically agree in a written contract (2) The "personal injury" or "advertising injury" for or agreement that the insurance afforded to an addi- which coverage is sought arises out of an offense tional insured under this Coverage Part must apply on that is committed; a primary basis, or a primary and non-contributory basis,this insurance is primary to other insurance that subsequent to the signing and execution of that con- is available to such additional insured which covers tract or agreement by you. such additional insured as a named insured, and we will not share with that other insurance, provided that: CG D4 25 07 08 ©2008 The Travelers Companies,Inc. Page 1 of 1 BA8J595111 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired, rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — COV- covered "auto". ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The followingreplaces Paragraph A.2.a. 4 of (b) Any "auto" that is hired, rented or bor- p ( ) rowed from your"employee". SECTION II—COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of I—wOVERED AUTOS: $1,500 for temporary transportation expense in- TIONcurred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: Auto Physical Damage Coverage The following is added to Paragraph D., Deducti- HiredY 9 9 ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss";or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: son a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or lease; and ranty;and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The followingis added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- age Extensions, of SECTION III - PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto"of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Coy- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident"or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 11 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PA ✓ KS !. ORIGINATING STAFF PERSON: C7 c L -tTo nl EXT: & 9 /v 3. DATE REQ. BY: L TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT VfROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER PROJECT NAME: tin ¢ k3 ur/ t % e v /y ,v e i. NAME OF CONTRACTOR: .41 1-1 g L- N C. ADDRESS: 2.z/ S' A/o /T), 30 3 ob jA coma c..Ja TELEPHONE E -MAIL: $ 5l 0 3 - 33.50 FAX: SIGNATURE NAME: AL G P A0 TITLE . /grin c. p a./ 64,4-74 c— G/l✓ /lo.? '. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: 3/1 I .20I COMPLETION DATE: 1 2_/.3 ///8 TOTAL COMPENSATION $ y0/ 0 00 . d a (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ErYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 200. 00 IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: /V /A- ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: U p 1 — % Zoo -351 "S 7/ '/0 -4'// 0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW Th2c 12I11 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING / ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: It —t. / I -- DATE RECD: 9,--1 it -1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED :OMMENTS: INITIAL / DATE S G ED DATE SENT: p5-o 4- I Precleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com PROFESSIONAL SERVICES AGREEMENT FOR PARKS, RECREATION & OPEN SPACE PLAN DEVELOPMENT This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and AHBL, Inc., a Washington 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: AHBL, INC.: Wayne Carlson 2215 North 30th Street, Suite 300 Tacoma, WA 98401 -3350 (253) 383 -2422 (telephone) (253) 383 -2572 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: John Hutton 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835- 6901(telephone) (253) 835 -6969 (facsimile) John .hutton@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ( "Services "), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT 1 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway.. com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - 3/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederalway.. com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non - owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT 3 3/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and PROFESSIONAL SERVICES AGREEMENT - 4 - 3/2017 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederalway coin obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT 5 3/2017 CITY OF 4., 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 FEDERAL WAY: tr, Jim Fe. - , ayor DATE: 5/174/r7 AHBL, INC.: By: Printed Name: W4YAIE E. CARLSOA( Title: PROM PAL, DATE: 26 APRIL Zo 1� STATE OF WASHINGTON ) ) ss. COUNTY OF P ATTEST: h _ nie Courtney, CMC, APPROVED AS TO FORM: c vtt J. Ryan Call, City Attorney On this day personally appeared before me Wayne Carlson, to me known to be the Principal of AHBL, 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. GIVEN my hand and official seal this ),Gt day of Pt? r , 2017. Notary's signature Notary's printed name JO y J. /ell Notary Public in and for the State of Washington. My commission expires 5 /is /).0 /d PROFESSIONAL SERVICES AGREEMENT 6 3/2017 CITY OF Federal Way EXHIBIT A SERVICES Task 1: Project Kickoff, Data Collection and Analysis CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityofederalway.. com Task 1 activities are focused on gathering all of the relevant information to understand current parks, recreation, and open space conditions that may have changed since the last update of the City's Parks, Recreation and Open Space (PROS) Plan. A. Project Kickoff Meeting/Work Session (Contractor and City) To commence the project, Contractor and City staff will conduct a kickoff meeting to confirm the project scope, schedule, and budget. During this meeting, we will discuss specific public involvement approaches, the project schedule, and the City's priorities for future parks, recreation and open spaces. B. Facilities Inventory (City) City staff shall prepare an inventory of existing facilities for the PROS. City staff will provide the inventory to Contractor. Contractor will format the facilities inventory information gathered by City staff for presentation in the plan update. Of particular importance for City staff is data on any new parks that may have been constructed since the 2013 PROS Plan was adopted, or parks that may have been updated or expanded. C. Data Collection & Existing Conditions Analysis (Contractor and City) City staff, in consultation with Contractor, will assemble and provide all relevant City plans, documents, maps, and studies. Information to be provided to Contractor will include, but is not limited to: • Existing Parks, Recreation, and Open Space Plan (if any updates have been made to the master document since Contractor last updated the plan) • City Comprehensive Plan • City demographic information • Facilities inventory of existing City parks and recreation facilities o Plans of existing City parks (as- builts or other drawings) o Plans of existing City recreational facilities (as- builts or other drawings) o GIS maps of Parks, Recreation, and Open Space facilities • Example inter -local agreements with the school district and others • Vendors and services provided • Annual maintenance schedule • Parks and Recreation staffing numbers (i.e. # of staff in maintenance, administration, recreation leaders, seasonal, etc.) • Public art inventory • Recreation and Cultural Programs, their locations and frequency /schedule • Photos of each park, open space, trail or community facility that showcase its best feature /use; and • Local trends /user data in participation and use of existing facilities. PROFESSIONAL SERVICES AGREEMENT -7- 3/2017 CITY OF t Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera!way.. com Contractor will review all relevant background information provided by the City. Contractor will tour existing City's facilities with Parks Department staff where significant improvements are anticipated to occur within the next five to ten years. Contractor will document existing conditions in these parks. This item assumes one (1) four -hour tour. Based on the findings from this analysis and the facilities inventory (assembled by City staff), Contractor staff will meet with City Parks staff to identify facility needs that may not be included within the 2013 PROS Plan and prepare a memorandum of our findings. D. City Staff Meetings /Interviews (Contractor and City) Contractor will interview City Parks staff, including maintenance staff and recreation program coordinators, to identify system and site - specific issues and concerns that should be addressed as a part of the PROS Plan update. Contractor will meet with staff to discuss modifications and updates to level of service standards, identify deficiencies, maintenance issues and concerns, and identify renovation goals and needs. This task could occur as a group meeting, or in four (4) short one -on -one interviews. Task 1 Assumptions • City staff will assemble the facilities inventory • City staff will provide all relevant background documents for Contractor use Task 1 Deliverables • Contractor will prepare and maintain project schedule • Contractor will document outline /existing conditions • Contractor will prepare minutes from project kickoff meeting and City staff meeting/interviews Task 1 Meetings • Contractor and staff will conduct one (1) project kickoff meeting with City staff • Contractor and staff will tour existing facilities • Contractor staff will conduct one (1) City staff meeting or four (4) City staff interviews Task 2: Public Engagement A. Public Engagement Strategy (Contractor and City) Based on feedback from City staff provided at the project kickoff meeting, Contractor will prepare a Public Engagement Strategy that will serve as the roadmap for planned public involvement for the PROS Plan update. The Public Engagement Strategy will include methods for soliciting feedback from stakeholders and may include some or all of the following methods: • Preparation of a community survey questionnaire • Formation of a PROS Plan stakeholder group • Targeted focus groups to get input from specific stakeholder groups or on specific park sites • Public workshops /open houses PROFESSIONAL SERVICES AGREEMENT 8 - 3/2017 Aiih, CITY OF CITY HALL . Federal Way 33325 8th Avenue South Federal Wayy, , WA 98003 -6325 (253) 835 -7000 www atyoffederalway com • Social media posts soliciting responses to the community survey or attendance of public workshops /open houses; and • Graphic material for printing and posting at parks and recreation sites throughout the City notifying users of the PROS Plan update and soliciting responses to the community survey. Contractor will provide one (1) draft Public Engagement Strategy to the City for review. City staff shall provide feedback on the draft public engagement strategy to Contractor for any revisions. Contractor will incorporate City staff feedback into a final draft for posting on a webpage on the City's website devoted to the PROS Plan update. B. Prepare Survey Questionnaire (Contractor and City) Contractor shall prepare one (1) survey questionnaire for the City's review. Contractor will provide the survey questionnaire to the City as a web link using online survey software such as SurveyMonkey and shall make the survey accessible to users on desktop computers as well as mobile devices. C o n t r a c t or will also provide either a Microsoft Word or Adobe PDF file to the City for the survey to be printed and distributed in hard copy format. The City shall be responsible for including the link to the survey on the City's website, and posting it to its social media sites (using the social media post prepared by Contractor) and distributing the link to the survey via its community center listsery and all Federal Way Public Schools' parents using Peachjar.com. The City will provide copies of any physical surveys received to Contractor. C o n t r a c t or will compile the results of the survey for the City's review. This survey is anticipated to occur prior to the first public open house, as part of the information gathering stage of the project. This scope also includes data entry for respondents who fill out the survey in hard copy format. C. Stakeholder Meeting #1 (Contractor and City) Wayne Carlson will attend one (1), 1 -hour stakeholder meeting (to be held on February 23, 2017) to describe the scope, schedule, and the commitment that participants should expect during the course of the project. Initial stakeholder input and direction on future parks and recreation needs and desires may also be addressed at this meeting. There will be no charge for this meeting unless meeting materials from Contractor are necessary to support Mr. Carlson's attendance. D. Stakeholder Meeting #2 (Contractor and City) Contractor will attend and facilitate one (1), two -hour stakeholder meeting (date to be determined by Contractor and City) to gather stakeholder input related to plan vision and plan priorities. C o n t r act or staff will prepare PowerPoint presentations, handouts, and other meeting collateral necessary to facilitate the meeting. This scope also includes the preparation of a meeting summary memorandum. E. Stakeholder Meeting #3 (Contractor and City) Contractor will attend and facilitate one (1), two -hour stakeholder meeting (date to be determined by Contractor and City) to present draft strategies for active recreation parks, neighborhood parks, open PROFESSIONAL SERVICES AGREEMENT -9- 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com spaces, and recreation programs. Contractor staff will prepare PowerPoint presentations, handouts, and other meeting collateral necessary to facilitate the meeting. This scope also includes the preparation of a meeting summary memorandum. F. Stakeholder Meeting #4 (Contractor and City) Contractor will attend and facilitate one (1) two -hour stakeholder meeting (date to be determined by Contractor and City) to gather additional stakeholder input related to the PROS plan. Contractor staff will prepare PowerPoint presentations, handouts, and other meeting collateral necessary to facilitate the meeting. This scope also includes the preparation of a meeting summary memorandum. G. Public Open House #1 (Contractor and City) Contractor will attend and facilitate one (1) public open house meeting (date to be determined by Contractor and City) to solicit input from the general public and gain initial direction on needs and desires for future improvements and programming for parks and recreation sites. Contra c t or staff will prepare PowerPoint presentations, boards, handouts, and other meeting collateral necessary to facilitate the open house. H. Public Open House #2 (Contractor and City) Contractor will attend and facilitate one (1) public open house meeting (date to be determined by Contractor and City) to present the draft PROS plan to the public for review and comment. Contractor staff will prepare a PowerPoint presentation and have copies of the draft PROS Plan available for review. Copies of the PROS Plan shall be furnished by the City. Task 2 Assumptions • City staff will be responsible for posting the link to the survey on the City's website and posting it to its social media sites • City staff will be responsible for distributing the survey via its community center listsery and Peachjar.com • City staff will be responsible for printing of any necessary hard copies of the survey questionnaire and posting at City Hall or the Community Center • City staff will be responsible for printing of any hard copies of the draft PROS Plan • City staff will be responsible for printing and posting graphic material notifying parks and recreation site users of the PROS Plan update and the survey; and • City staff will handle the meeting logistics (invitations, location and setup) for stakeholder meetings and the public open house. Task 2 Deliverables • Draft and final public engagement strategy • Draft and final survey questionnaire • Social media posts soliciting responses to the survey questionnaire • Graphic material for printing and posting in City parks and recreation sites notifying users of the PROS Plan update and soliciting survey responses PROFESSIONAL SERVICES AGREEMENT - 10 - 3/2017 4.- Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. com • Meeting materials for stakeholder meetings and public open house; and • Minutes /summary of discussion at stakeholder meetings and public open house. Task 2 Meetings • Four (4) stakeholder meetings; and • Two (2) public open houses. Task 3: Prepare Draft PROS Plan This phase of work involves preparing the draft PROS Plan including all related maps, graphics, and narrative descriptions. A. Chapter 1: Introduction (Contractor and City) Contractor and City staff will revise /update Chapter 1 of the City's 2013 PROS Plan. City staff will be responsible for updating the following sections and providing text to Contractor: • Plan Purpose o City staff will update this section as needed to reflect changes since the 2013 PROS Plan. • Plan Objectives o City staff will update this section as needed to reflect changes since the 2013 PROS Plan and changes to objectives or community direction that results from meetings with stakeholders or the Parks Commission. • Accomplishments Since 2006 Plan o City staff will update this section as needed to reflect changes that have occurred since the 2013 PROS Plan such as land acquisition, facility improvements, and projects planned during the update. Contractor will be responsible for updating the following sections based on input from City staff, the Parks Commission, and the stakeholder group: • Plan Process o Contractor will revise /update as needed to describe the planning process utilized for the PROS Plan update. • Public Involvement o Contractor will revise /update this section as needed to reflect the methods of public involvement utilized for the PROS Plan update as described in the public engagement strategy developed in Task 2. • Core Values o Contractor will revise /update this section as needed to reflect changes to the City's vision statement, mission and core values based on the City's Comprehensive Plan Goals and Policies and the City Council Goals as well as feedback received during the public PROFESSIONAL SERVICES AGREEMENT - 11 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. com engagement for the PROS Plan update occurring in Task 2. • Parks & Open Space Vision o Contractor will revise /update this section as needed to reflect changes that have occurred since the 2013 PROS Plan or changes that result from meetings with City staff, the Parks Commission or the stakeholder group. • Plan Organization o Contractor will revise /update this section as needed. It is not anticipated that major revisions will be necessary in regards to the overall plan organization. B. Chapter 2: Community Profile (Contractor and City) City staff will revise /update Chapter 2 of the City's 2013 PROS Plan. Where appropriate, Contractor will format the chapter and replace text -heavy sections and tables with information that can be conveyed by graphics. For the purposes of this scope, all graphics are prepared under Task 4.B, though they may be prepared concurrently with this Task in order to facilitate City review. C. Chapter 3: Existing Park and Open Space System (Contractor and City) City staff will revise /update Chapter 3 of the City's 2013 PROS Plan. Where appropriate, Contractor will format the chapter and replace text -heavy sections and tables with information that can be conveyed by graphics. For the purposes of this scope, all graphics are prepared under Task 4.B, though they may be prepared concurrently with this Task in order to facilitate City review. D. Chapter 4: Recreation and Cultural Arts Programs (Contractor and City) Contractor and City staff will revise /update Chapter 4 of the City's 2013 PROS Plan. City staff will be responsible for updating narrative about the City's Recreation and Cultural Arts Programs by providing updated text to Contractor for: • Overview • City Recreation Programs • Non -City Service Providers Contractor will be responsible for updating the following sections based on responses received to the community survey questionnaire administered in Task 2 and data provided by City staff of local recreation demand in Task 1. • Recreation Demand o Contractor to revise /update based on results of the community survey distributed in Task 2 and research of new state and national trends in recreational programming and recreation activities. Where appropriate, Contractor will simplify the chapter and replace text -heavy sections and tables with PROFESSIONAL SERVICES AGREEMENT - 12 - 3/2017 CITY OF 4.- Federal Way information that can be conveyed by graphics. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. com E. Chapter 5: Needs Assessment and Recommendations (Contractor and City) Contractor and City staff will revise /update Chapter 5 of the City's 2013 PROS Plan. Contractor will be responsible for updating the following sections based on input from City staff, the Parks Commission, and the stakeholder group: • Introduction o Contractor will revise /update this section as needed based on public feedback generated during stakeholder engagement and community values and visions generated during meetings with stakeholder group and Parks Commission. o City staff will provide information on local trends in participation and use of existing facilities as requested in Task 1. o Contractor will identify any new state /national trends in recreation and update /revise narrative. • Needs Assessment o Contractor will compile level of service (LOS) standards for up to municipalities identified by the City for comparative analysis. o Contractor will compile National Recreation and Park Association (NRPA) level of service (LOS) standards. o Contractor will simplify and clarify the discussion of what LOS is and where the formulas come from to calculate it. o Contractor will revise /update the narrative for adopted LOS standards and the tables used to present the City's current resources within each category. • Park Classifications and Level of Service o Contractor staff will calculate current LOS by facility type and projected LOS based on the City's projected population. Calculations of LOS are to be based off of the City's current park inventory (in acres), as determined by Geographic Information Systems (GIS) analysis or other method the City prefers. o Contractor will format this information and simplify Table 5 -2, possibly removing information that is not necessary for general reader in knowing how LOS is calculated or moving the calculation of LOS to a new appendix. • Plan Recommendations o Contractor to revise /update as needed based on results of the community survey, stakeholder meetings, and discussion with City staff and the Parks Commission. Where appropriate, Contractor will simplify the chapter and replace text -heavy sections and tables with information that can be conveyed by graphics. In particular, Contractor will simplify Table 5 -2, removing information that is not necessary for the reader. For the purposes of this scope, all graphics are prepared under Task 4.B, though they may be prepared concurrently with this Task in order to facilitate City review. F. Chapter 6: Goals and Policies (Contractor and City) Contractor and City staff will revise /update Chapter 6 of the City's 2013 PROS Plan. Contractor will be responsible for updating the goals and policies of the PROS Plan with those developed during PROFESSIONAL SERVICES AGREEMENT - 13 - 3/2017 CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com stakeholder meetings and meetings with the Parks Commission and City staff. Where appropriate, Contractor will simplify the chapter and replace text -heavy sections and tables with information that can be conveyed by graphics or photographs. G. Chapter 7: Implementation (Contractor and City) Contractor and City staff will revise /update Chapter 7 of the City's 2013 PROS Plan. Contractor will be responsible for updating the following sections based on input from City staff, the Parks Commission, and the stakeholder group: • Phasing of Implementation o Contractor to revise /update as needed. • Potential Funding Sources o Contractor to revise /update as needed. • Six -Year Capital Improvement Plan o Contractor to revise /update as needed based on discussion with City staff and the Parks Commission regarding priorities for near term, mid -term and long term projects that will inform the 6 -year Capital Improvement Plan (CIP). o City staff to provide Table 7 -1 and 7 -2 based on discussion with the Parks Commission and any projects that have been completed during the last 6 -year CIP or any near term projects that have been funded in this year's budget cycle. H. Appendices Contractor and City staff will revise /update Appendix A, B and C of the City's 2013 PROS Plan. • Appendix A o Contractor to revise /update the Park and Open Space Inventory and Assessment based on the Facilities Inventory provided by City staff in Task 1. Where significant changes have not occurred to the key features of a park, it is anticipated that Contractor will leave those sections largely unchanged. The focus of this effort is to ensure that the park information is all up to date and new parks or changes to park facilities have been accounted for. • Appendix B o Contractor to update based on LOS standards chosen by City staff based on review of LOS research in the technical memorandum prepared in Task 1. o City staff to review LOS research in the technical memorandum prepared in Task 1 and provide feedback on what LOS standards they would like to use. o Contractor to update facilities narratives based on Facilities Inventory prepared by City staff in Task 1. • Appendix C o Contractor to update based on Facilities Inventory prepared by City staff in Task 1 and discussion with City staff and Parks Commission regarding constraints and potential /opportunities for City parks, trails and open spaces. Task 3 Assumptions • City staff will be responsible for updating the following sections in Chapter 1 of the 2013 PROFESSIONAL SERVICES AGREEMENT - 14 - 3/2017 Vecleral Way PROS Plan and providing text to Contractor: o Plan Purpose o Plan Objectives o Accomplishments Since 2006 Plan CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway com • City staff will be responsible for updating Chapter 2 of the 2013 PROS Plan and providing text/charts to Contractor. o All charts will be provided in Microsoft Excel so as to allow Contractor the underlying data for reproducing charts using Adobe Illustrator during Task 4.B. • City staff will be responsible for updating the following sections in Chapter 4 of the 2013 PROS Plan and providing text to Contractor: o Overview o City Recreation Programs o Non -City Service Providers • City staff will be responsible for calculating park acreage either by using GIS shapefiles or another method deemed appropriate. • City staff will be responsible for all GIS mapping necessary for the PROS Plan update. • City staff will be responsible for providing an updated Table 7 -1 and 7 -2 based on discussion with the Parks Commission and any projects that have been completed during the last 6 -year CIP or any near term projects that have been funded in this year's budget cycle. • City staff will be available by phone or email as questions arise during the PROS Plan update. • City staff will be responsible for reviewing the draft plan provided by Contractor and making comments or changes using the track changes function in Microsoft Word. Task 3 Deliverables • Draft plan in Microsoft Word format to allow City staff to make comments or changes using the track changes function. Task 3 Meetings • Contractor will meet with City staff and Parks Commission as necessary to receive feedback on draft plan chapters. Task 4: Prepare Final PROS Plan A. Mock -up Layouts Contractor will provide the City with three mock -up layouts for the updated plan. The mock -up layouts will depict the appearance of tables, charts, colors, and the use of images and icons. PROFESSIONAL SERVICES AGREEMENT - 15 - 3/2017 fecferal Way B. Layout and Graphics Production CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com Contractor will finalize layout template based on the approved mock -up design for the PROS Plan. Contractor will develop infographics and prepare final tables and charts for inclusion in the final draft plan. For the purpose of this scope, some of these graphics under this item will be prepared concurrent with Task 3 so that City Parks staff can review and approve them. C. Final PROS Plan Contractor will incorporate changes /feedback received on the draft plan during Task 3 and prepare the final plan document. Prior to Task 4, Contractor will incorporate changes to the PROS Plan using Microsoft Word to allow for easy commenting and editing by the City and consultant. The final Draft PROS Plan that will be taken to Open House #2 and through the adoption process will be laid out using Adobe InDesign complete with pictures, graphics, and tables. Contractor will deliver the final plan to City staff in multiple formats, including an Adobe PDF file, as well as one additional online format suitable for reading on a mobile device. Task 4 Assumptions • City staff will provide all feedback on the PROS Plan update during the draft plan stage. Any changes requested after the final plan has been laid out will be minor and will be focused as to the exact page and location of the text change. Task 4 Deliverables • Three (3) mock -up layouts of PROS Plan • Charts, tables and infographics for inclusion in final draft PROS Plan • Final draft Parks, Recreation and Open Space Plan; and • Electronic files of final adopted PROS Plan — in Adobe PDF file, and one additional online format suitable for reading on a mobile device Task 5: Plan Approval and Adoption Contractor will provide technical support to the City Council during final deliberations and approval of the updated Parks, Recreation and Open Space Plan and related ordinances. Contractor shall attend one City Council hearing as a part of the plan approval and adoption process. Task 5 Assumptions • City staff will be responsible for printing, publication and distribution of the final document. Task 5 Deliverables • Contractor will provide meeting materials for Parks Commission and City Council meetings/hearings. PROFESSIONAL SERVICES AGREEMENT - 16 - 3/2017 kkCITY OF ...■ Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com Task 5 Meetings • Preparation for and attendance at one (1) Parks Commission Public Meeting or Hearing; and • Preparation for and attendance at one (1) City Council Committee Meeting or Hearing. PROFESSIONAL SERVICES AGREEMENT - 17 - 3/2017 Vecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederalway corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty Thousand and No /100 Dollars ($40,000.00). 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: Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis. BUDGET WITH NEW REDESIGN Wayne E. Carlson, AICP, LEED AP Principal Brittany Port, AICP Planner IV Colin Poff Planner III TOTALS $215 $120 $100 Task 1: Project Kickoff, Data Collection and Analysis A. Project Kickoff Meeting /Work Session (AHBL & City) 6 6 $2,010 B. Data Collection & Existing Conditions Analysis (AHBL & City) 4 10 $2,060 C. City Staff Meetings /Interviews (AHBL & City) 2 4 $910 Subtotal 12 20 0 $4,980 Task 2: Public Engagement A. Public Engagement Strategy 1 4 1 $795 B. Prepare Survey Questionnaire 4 16 8 $3,580 C. Stakeholder Meeting #1 0 $0 D. Stakeholder Meeting #2 3 8 $1,605 E. Stakeholder Meeting #3 3 8 $1,605 F. Stakeholder Meeting #4 3 8 $1,605 G. Public Open House #1 4 16 $2,780 H. Public Open House #2 2 4 $910 Subtotal 20 64 9 $12,880 Task 3: Prepare Draft PROS Plan A. Chapter 1: Introduction (AHBL & City) 1 8 $1,175 B. Chapter 2: Community Profile (AHBL & City) 0 0 $0 C. Chapter 3: Existing Park and Open Space System (AHBL & City) 1 4 $695 D. Chapter 4: Recreation and Cultural Arts Programs (AHBL & City) 0 6 $720 E. Chapter 5: Needs Assessment and Recommendations (AHBL & City) 1 16 8 $2,935 F. Chapter 6: Goals and Policies (AHBL & City) 1 8 $1,175 G. Chapter 7: Implementation (AHBL & City) 1 4 $695 H. Appendices 1 20 $2,615 Subtotal 6 66 8 $10,010 Task 4: Prepare Final PROS Plan A. Mock -up Layouts 8 $960 PROFESSIONAL SERVICES AGREEMENT - 18 - 3/2017 CITY OF �. Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. crtyoffederalway corn B. Layout and Graphics Production 40 20 $6,800 C. Final PROS Plan 4 20 $3,260 Subtotal 4 68 20 $11,020 Task 5: Plan Approval and Adoption A. Parks Commission Public Meeting /Hearing 1 2 $455 D. City Council Public Meeting /Hearing 1 2 $455 Subtotal 2 4 0 $910 TOTALS 44 222 37 $39,800 REIMBURSABLE EXPENSES (COLOR PLOTS, MILEAGE, ETC.) $200 GRAND TOTAL $40,000 PROFESSIONAL SERVICES AGREEMENT - 19 - 3/2017 • ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/TTYY) 4/28/2017 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 USI Kibble & Prentice PR 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT NAME: PHONE 206 441 -6300 FAX 610 - 362 -8528 (A/C, No, Ext): (A/C, No): E-MAIL PL• CertRequest @usi.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co. of Amer 25666 INSURED AHBL, Inc. 2215 North 30th, Suite 300 Tacoma, WA 98403 INSURER B: Travelers Indemnity Company 25658 INSURERC: XL Specialty Insurance Company 37885 INSURER D : an Phoenix Insurance Company 25623 INSURER E : $1,000,000 $10,000 $1,000,000 $2,000,000 INSURER F : ERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6802H459468 09/11 /2016 09/11 /2017 1 EACH OCCURRENCE $1,000,000 PREMISES (Ea occTrrence) $1,000,000 $10,000 $1,000,000 $2,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP /OP AGG $2,000,000 $ D AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS BA4988L728 09/11/2016 09/11/2017 (E° aBi EO SINGLE LIMIT $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP7195Y047 09/11/2016 09/11/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED X RETENT ON $10000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 6802H459468 (WA Stop Gap) 09/11/2016 09/11/2017 STATUTE X 41-1- E.L. EACH ACCIDENT $1,000,000 $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT C Professional Liability DPR9808974 09/11/2016 09/11/2017 $2,000,000 per claim $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project #2170079.30, Federal Way PROS Plan Update -2019. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Federal Way only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability policy contains a special endorsement with Primary and Noncontributory wording, when required by written contract. CERTIFICATE HOLDER CANCELLATION City of Federal Way Attn: John Hutton 33325 8th Avenue South Federal Way, WA 98003 -6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE leitaidor ACORD 25 (2014/01) 1 of 1 #520408113/M18573176 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MDSZP Policy #6802H459468 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury', "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF CGD3810907 INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Coy- Page 2 of 2 erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission