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AG 20-925 - Helix Design Group RETURN TO: PW ADMIN EXT: 2700 ID#: 3818 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/ _ ORIGINATING STAFF PERSON: Desiree Winkler EXT: x2711 3. DATE REQ.By: 10/28/20 �. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER G. PROJECT NAME: Operations and Maintenance Facility Development NAMEOFCONTRACrOR: Helix Design Groupjnc. ADDRESS: 6021 12th Street E. Suite 201 Fife, WA 98424-1376 TELEPHONE: 253 922-9037 E-MAIL:erik.p@a helixdesign-group.net FAX: SIGNATURE NAvmi.: Erik Prestegaard TITLE: i. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHEF REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL EXP. 12/31/ UBI# ,EXP. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: 12/312021 �. TOTAL COMPENSATION:$247.064.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 13 YES 0 NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED in PURCHASING: PLEASE CHARGE TO: D36610-24110 �. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 6 DEPUTY DIRECTOR DSW 10m120 6 DIRECTOR EJW 10/26/20 ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT ER 10/23/2020 0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: Na COMMITTEE APPROVAL DATE: n/a SCHEDULED COUNCIL DATE: Ma COUNCIL APPROVAL DATE: Na 1. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ��12-� Li DATE REC,D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT LAW DEPT 2ZZID IGNATORY(MAYOR OR DIRECTOR) CITY CLERKe55' ❑ ASSIGNED AG# AG#k ❑ SIGNED COPY RETURNED DATE SENT: :OMMENTS: 'XECUTE"�2-"ORIGINALS 1/2020 CITY Of CITY HALL Federal Way 33325 8th Avenue South A � Federal Way,WA 98003-6325 (253) 835-7000 www.cJ"�fesieral wey com PROFESSIONAL SERVICES AGREEMENT FOR OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Helix Design Group, 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: HELIX DESIGN GROUP,INC.: CITY OF FEDERAL WAY: Erik Prestegaard Desiree S. Winkler, P.E. 6021 12t"Street E, Suite 201 33325 8th Avenue South Fife,WA 98424-1376 Federal Way, WA 98003-6325 (253)922-9037 (telephone) (253) 835-2711 (telephone) erik (a_,helixdesi rou .net Desiree.winkler(a-),cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2021 ("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 - Rev. 3/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.afyoffederalway.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-Al2propriation 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 - Rev. 3/2017 rlrY OF CITY HALL Federal Feder 8th Avenue South Way Federal Way,WA 98003-6325 (253) 835-7000 www.vtyoffed&ahvay_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 - Rev. 3/2017 eirr OF CITY HALL Federal edaral Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 wwvv.crryoffederalwey.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 - Rev. 3/2017 CITY OF CITY HALL �� 33325 8th Avenue South 4! WayFederal Way,WA 980038003 6325 AN (253) 835-7000 wwvv cltyah'ederahvay com 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 - Rev.3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityoffederzilwzly.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FE ERAL WAY: ATTEST: Jim F r 1, ayor Si6hAnie Courtney, CM ity Clerk DATE: /�' APPROVED AS TO FORM: aNzc11-0 J. Ryan Call, City Attorney HELIX DESIGN GROUP, INC.: By: Printed Name: xSqP-1A—' f 26-57• 157��� Title: PR-?11C/1PiFr-- DATE: o2-F 4G7 d/ �7Ly�C�s't-o STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me to me known to be the fj RnL of ES K) 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 2.1tT' day of Delo 20Z Notary's signature Notary's printed name.-2-- Tammy ame �- vt� L . 1i11 Tammy L Wood Notary Public in and for the tate Washington. Notary PublicState o1 Washington My commission expires 1 l L ? pif 2�) MCommas onNumy Appofniment s 11/16/2023 Number 20101318 PROFESSIONAL SERVICES AGREEMENT - 6 - Rev.3/2017 CITY OF CITY HALL �•.:.� 33325 8th Avenue South Federal ra I Way Federal Way.WA 98003-6325 (253) 835-7000 WWW..cit yoffederahmy Com EXHIBIT A SERVICES 1. The Contractor shall do or provide the following: Services as described in the attached. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev.3/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.ci►yoffederaMW_com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Two Hundred Forty-Seven Thousand Sixty-Four and 00/100 Dollars ($247,064.00). 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 in the attached document. Sub-Consultants In addition to the stated hourly rates, the City agrees to pay the Contractor an additional ten (10)percent mark-up on the total of sub-consultants' labor and reimbursable charges. Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services including mileage, printing, and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Five Thousand and 00/100 Dollars ($5,000.00). No mark-up is allowed on prime consultant reimbursable expenses. Contingency Contingency shall only be expended upon written authorization by the City. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 Project Approach Our project work plan is consistent with what was Programming presented as "Approach to Work" in our original In this step we use the information we have gathered from "Statement of Qualifications:" It addresses Phase 1 of the the previous phase to develop the concept program— Operations & Maintenance Facility Development Project, using the full development potential to understand area in two specific tasks: requirements for projected growth at full build-out. During the programming phase we will: • Task 1 - Needs Assessment • Task 2 -Site Selection • Meet with staff user groups to review their workflow, operations schedules and needs. Sub-tasks are as follows: • Evaluate the current use of space, adjacencies, access, and systems against the project goals and objectives. • Document current/on-site and future equipment needs. • Create space plan and adjacency diagrams with data tables in order to present the ideas to City Staff for Phase 1 Task 1 Needs Assessment review and comment. Our proposed tasks to complete the needs assessment are • Record the functions and adjacencies that will be outlined below. required for the consolidated facility and develop concept strategies. Information Gathering The first step is the information gathering phase where we At the end of this phase we will synthesize all information introduce our team to City Staff and other key stakeholders gathered to define and document the programmatic to gather information and gain a thorough understanding of requirements that will then be integrated into future phases. the project's key objectives, challenges, and design criteria. We ask the important questions that become the basis for the process moving forward. We want to understand Concept Development perceived risks for the project so that our approach can Next we will work with our design team to develop a incorporate the mitigation of those risks. During the preferred concept site plan that includes building areas, information gathering phase we will: parking,circulation,etc.,and that also includes projections to the defined planning horizon. During concept development • Establish keydecisionmakersandlines ofcommunication. our team will: • Discuss our proposed process and the overall timeline. • Gain a thorough understanding of the key objectives, • Lead a brainstorming session, or design charrette, with challenges,and criteria. City staff and the design team to kick-off concept • Review existing operations and facilities program development and explore options. information to identify current and projected • Conduct design team evaluation of the conceptual operational needs. layout to determine preliminary requirements for the • Gather and review comparable operations and facility including: access and security requirements, maintenance facilities data. circulation, parking(POV&equipment),fueling options, • Review the potential budget. utility service needs, potential structural framing • Review standards,codes andjurisdictional requirements. systems and building span limitations,etc. • Develop the baseline design criteria to use in testing Work with City Staff to develop a final ideal concept prospective site fundamentals and site concepts. site plan that will become the basis for test fits on selected sites. Our goal for the information gathering phase is to establish programmatic baselines and ensure that City Staff and the design This phase will wrap-up with a needs assessment report team are clear and confident in the process moving forward. that documents the information and opinions of the existing facilities, the programmatic requirements, and the concept site plan. Exhibit 1 HELIX DESIGN GROUP,INC. City of Federal Way I Operations and Maintenance Facility Development I Statement of Qualifications 1 Approat , Phase 1 Task 2 Site Selection Our proposed tasks to complete site selection are The sites will be more intensively reviewed by our entire outlined below. design and consulting team regarding technical issues and site characteristics. Design alternatives will be explored for Site Selection Criteria each and content will be created including: To kick-offsite selection,we will use the program information and concept plan from the previous task to develop a set of • Existing conditions base map from King County GIS site selection criteria including but not limited to: • Concept site plans • Vehicle turning movement diagrams • Potential development cost • Concept level civil plans including grading, drainage, • Property size and configuration. storm system sizing, and water/sewer utilities • Zoning • Concept road improvement plans forfrontage roadways • Ease of access to all parts of the city • Discipline and consultant narratives summarizing the • Existing land use on and around site designs and any potential issues or concerns • Topography • Utilities needs This feasibility work will be the basis for the preparation of development recommendations and for our cost estimator to create preliminary construction cost estimates, including Property Search contractor mark-ups, B+O Tax, and cost escalators. To the Next we will utilize the site selection criteria and concept construction costs, we will also add line items for other site plan for evaluating potential site suitability. We will project-related soft costs,which include tax FF&E (fixtures, work with our real estate and land use consultants to furnishings, and equipment), design fees, impact fees, identify properties that best meet the needs looking at and Owner contingency. Additionally our cost estimator both City owned and privately owned sites. We will work will formalize the economic impact analysis based on to assemble property data for the potential sites including, information gathered during the property search process. but not limited to: • Property zoning information and a determination if the Recommendation use is allowed within the district We will wrap up this phase of the project with a collaborative • Adjacent land uses and zoning presentation of the design alternatives, an outline of the • Bulk regulations that impact develop-able area advantages and disadvantages of each along with costs to City • Availability of utilities Staff in order to determine the most preferred site. We will • Potential for critical areas update the drawings and narratives based on decisions and • Environmental considerations then update the cost estimate.We will organize and deliver all (geology, habitat,cultural/historical,env.justice) of the project data into a formal feasibility study report. • Economic impacts(loss of opportunity to develop) • Site topography Access and any future roadway improvement projects Feasibility When all prospective sites have been identified, working with City Staff, the sites will be ranked based on gross conformity with the selection criteria,without consideration of political or other challenges, to determine the most suitable(minimum ofl three sites. We will meet with the City of Federal Way and Lakehaven Utility District to discuss and document municipal stormwater, utility, street lighting, critical areas reports, roadway codes, potential permitting timelines, and other project background information for these sites. HELIX DESIGN GROUP,INC. City of Federal Way Operations and Maintenance Facility Development I Statement of Qualifications 2 CITY OF FEDERAL WAY OPERATIONS& MAINTENANCE FACILITY STUDY PROPOSED FEES, ITEMIZED BY TASK,SUB-TASK, AND TEAM MEMBER The following fee breakdown matches the tasks and sub-tasks in Exhibit 1, and references the individual Team member proposals that are attached. The fee proposal has been divided into two sections: • BASIC: Where the scope of work is well enough defined, services quantified, and actual fee proposals can be prepared and presented.Team member firms providing services in this category include: Helix Design Group, Inc. (Att. 'A'): Prime Consultant Architecture; Planning Pinnacle Consulting Group (Att. 'B'): Industrial Eng. Kidder Mathews(Att. 'C'): Real Estate Specialists AHBL, Inc. (Att. 'D'): Civil Eng./Land Use OCMI (Att. 'E'): Cost Estimating • STAND BY:Where participation may/may not be needed, depending on individual site characteristics. No fees presented at this time. Team member firms in this category include: Hargis Engineers: Electric Eng. TENW: Traffic Eng. Soundview Consultants: Env./Wetland Consultant Migizi Group Geotechnical Eng. We are also proposing a contingency amount to cover possible "stand by" services as well as any unforeseen conditions and issues. I. BASIC TASK 1. NEEDS ASSESSMENT a. Information Gathering Helix Design Group Inc. (Att. 'A'): $ 5,120 Pinnacle Consulting Group (Att. 'B'): $ 4,760 Kidder Mathews (Att. 'C'): 3,010 Sub-total: $ 7,770 r7 A Helix Mark-up @ 10% 777 $ 8 Sub-total,Task 1.a: $ 13,667 b. Programming Helix Design Group Inc. (Att. 'A'): $ 11,440 Pinnacle Consulting Group (Att. 'B'): $ 6,480 AHBL, Inc. (Att. 'D'): 3,090 Sub-total: $ 9,570 Helix Mark-up @ 10% 957 $ 10,527 Sub-total,Task 1.b: $ 21,967 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East,Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www_helixdesigngroup.net c. Concept Development Helix Design Group Inc. (Att. 'A'): $ 13,680 Pinnacle Consulting Group (Att. 'B'): $ 9,920 AHBL, Inc. (Att. 'D'): 3,960 OCMI (Att. 'E'): 3.100 Sub-total: $ 16,980 Helix Mark-up @ 10% 1,698 $ 18,r Tv Sub-total,Task 1.c: $ 32,358 TOTAL,TASK 1: $ 67,992 TASK 2.SITE SELECTION a. Site Selection Criteria Helix Design Group Inc. (Att. 'A'): _d Kidder Mathews (Att. 'C'): $ 6,350 AHBL, Inc. (Att. 'D'): 2,800 Sub-total: $ 9,150 Helix Mark-up @ 10% 915 Sub-total,Task 2.a: $ 14,785 b. Properly Search Helix Design Group Inc. (Att. 'A'): $ 4,000 Kidder Mathews (Att. 'C'): $ 15,000 Helix Mark-up @ 10% 1,500 $ 16,500 Sub-total,Task 2.b: $ 20,500 c. Feasibility Helix Design Group Inc. (Att. 'A'): $ 22,080 AHBL, Inc. (Att. 'D'): $ 36,560 OCMI (Att. 'E'): 11,625 Sub-total: $ 48,185 Helix Mark-up @ 10% 4,819 $ 50,004 Sub-total,Task 2.c: $ 75,504 d. Recommendations Helix Design Group Inc. (Att. 'A'): $ 20,320 Kidder Mathews (Att. 'C'): 6,795 Pinnacle Consulting Group (Att. 'B'): 3,820 AHBL, Inc. (Att. 'D'): 4,475 OCMI (Att. 'E'): 1,240 Sub-total: $ 16,330 Helix Mark-up @ 10% 1,633 $ 17,563 Sub-total,Task 1.d: $ 38,283 TOTAL,TASK 2: $ 149,072 TOTAL,TASKS 1&2; LABOR: $ 217,064 ADD: Allowance for Reimbursables J00 TOTAL, LABOR&REIMBURSABLES: $ 222,064 ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East,Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www_helixdesigngroup_net Contingencies: Add: $ 25,000 GRAND TOTAL $ 247,064 II. STAND BY SERVICES These services are not quantified at this time, but will be proposed as needed for City approval. Compensation are expected to be covered by the contingency line item. III. ASSUMPTIONS A. The team will "screen"five (5) sites initially,then provide in-depth evaluations of the most promising three (3). Existing site and facilities are included, as is adjacent park property. B. A contingency account of$25,000 has been proposed to cover"on-call" technical services yet to be defined or quantified. C. We have based our proposal on a City budget of$250,000 for the study. If in the course of our work added scope will place this limit in question, we will immediately notify the City.This may be particularly applicable to the "stand by" services and the adequacy of the contingency amount. ARCHITECTURE INTERIORS GRAPHICS PLANNING 602112th Street East,Suite 201,Tacoma,WA 98424-1308 (253)922-9037 www_helixdesigngroup.net Celebrating 25 Years ,) 1894.2014e l design group Standard Billing Rates 2020 Position Hourly Rate Principal $ 180.00 LEED Specialist $ 160.00 Sr.Architect/ Project Manager $ 160.00 Job Captain $ 140.00 Architect/ Designer $ 120.00 Sr. Interior Designer $ 140.00 Interior Designer $ 120.00 Sr. Graphic Designer $ 140.00 Graphic Designer $ 115.00 Permit Specialist $ 95.00 Administration $ 65.00 o:\03-fee proposals-contracts\proposal form S tools\helix billing rates\helix design group-billing rates 2019 25th docx ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East,Suite 201,Tacoma.WA 98424-1308 (253)922-9037 www.helixdesigngroup-net ATTACHMENT A r Federal Way 0&M Facility Helix NO Architectural Design Tasks design group NFA Architectural Tasks IMMMMMOM 5160.00 E160.00 5140.00 5140.00 5140.00 365.00 total Task 1 1 Information Gathering 8 16 8 $ 5,120 2 Programming 12 30 32 $ 11,440 3 Concept Development 12 30 24 24 $ 13,680 i,.ib-Total: 32 76 64 24 $ 30,240 Task 2 4 Site Selection Criteria 12 16 $ 4,720 5 Property Search 16 $ 4,000 6 Feasibility 24 48 32 16 24 $ 22,080 7 Recommendations 24 48 24 12 16 16 $ 20,320 Sub-Total: 68 128 56 28 40 16 $ 51,120 total hours 100 204 120 64 16 532 Total Architectural Service $ 18,000.01 $ 8,960.00 $1,040.00 81.W'^;0, Travel Costs trips wiles Mileage I$ 0.575 per mile (total mileage 0 Total Travel Costs ` $ Reproduction Prints,copies,etc.,Misc. Allowance II Sub-total Expenses _ pHelix mark-up @ 10% Total Expenses Total ArchitecLUral Page 1 10/8/2020 Helix Design Group AL ITPIN NACLE CONSULTING GROUP INC REVISED FEE ESTIMATE INDUSTRIAL ENGINEERING CONSULTANTS AND FACILITY PLANNERS For: Helix Federal Way Ops and Maintenance Facilities Date: 10/7/2020 By: Frank Coleman Scope of Work PR PM IE PE CAD CLR I Total Total Hourly Rate--> $215 $175 $150 $130 $95 $55 Hours Cost I.TASK 1. NEEDS ASSESSMENT a Information Gathering,data collection 8 32 40 $4,760 b Programming 16 32 48 $6,480 C Concept Development 32 32 64 $9,920 Subtotal Task 1 56 0 0 0 96 0 152 $21,160 II._TASK 2.SITE SELECTION d Recommendations 16 4 20 $3,820 Subtotal Phase 21 16 0 0 1-0-74-1 0 20 $3,820 Summary PR PM IE PE CAD I CLR Hours Total 1.TASK 1.NEEDS ASSESSMENT 40 0 '0--0 96 0 152 $21,160 II.TASK 2.SITE SELECTION 16 0 0 0 4 0 20 $3,820 Total Fee Estimate 56 0 0 0 100 0 172 24,980 Average Hourly Rate $145.23 Total Estimated Expenses $625 Total Estimated Cost 25,605 PR=Principal PM=Project Manager IE=Industrial Engineer PE=Project Engineer CAD=Computer Aided Drafting CLR=Clerical Attachment B Prepared by Pinnacle Consulting Group,Inc. Assumptions 1 5 Facilities initially,half day each,for data gathering 2 Focus on 3 facilities for needs assesment Prepared by Pinnacle Consulting Group,Inc. Kidder Draft City of Federal Way Operations and Maintenance Facility Development Mathews Version:10-9-2020 Service Provider George Howe Cllrehugh Frame Total Total Role Project Manger Sr.Consultant Market Specialist Market Specialist $/Task Draft Scope of Work&Budget Task 1-Needs Assessment a)Information gathering-Work with team to understand key project objectives 6 2 2 3 13 1a) $3,010 and collect preliminary information,project start-up 6 2 2 3 13 $1,290_ $470 5500 5750 53,010 $3,010 Task 2-Site Selection Criteria a)Site Selection Criteria:Collaborate with team to establish the site selection 16 6 2 4 28 2a) $6,350 criteria.Criteria may include,but not be limited to:ease of access to all parts of the city,existing land use on and around site,topography,utility availability, environmental considerations,social justice considerations,economic impact considerations(aka,Loss of opportunity to develop),cost,zoning,and property size. b)Property Search:Identify up to five properties that best meet the site selection 26 6 6 26 64 2b) $15,000 criteria;both City owned and privately owned property Work with team and property owners to assemble property data Support team in collecting additional data for short listed properties Work with team to create property comparison matrix and property prioritization method d) Recommendation:Support team in final site selection recommendation 18 5 2 5 30 2d) $6,795 GD 17 10 35 122 512,91)0 $3,995 32,5012 $8,750 528145 $28,145 Total Hours 66 19 12 38 135 Hourly Billing Rate(Fully burdened) $215 $235 5250 5250 5231 Total $_1.4,1.90 _54,405 $3,000 $9,500 $71.155 $31,155 N,q October 8, 2020 REVISED Erik Prestegaard Helix Design Group 6021 12th Street East, Suite 201 Fife, WA 98424-1376 Civil Engineers Project: Federal Way Operations& Maintenance Facility, AHBL No. 2200572.10/.30 Structural Engineers Subject: Revised Proposal for Civil Engineering and Land Use Planning Services Dear Erik: Landscape Architects Thank you for the opportunity to submit this revised proposal for civil engineering and land use planning services for the Federal Way Operations & Maintenance Facility project. We are Community Planners excited to assist the City of Federal Way and the Helix team on this important City project. Land Sur,•_•,ors We understand the approach is to complete tasks through a series of phases, with Phase One being the Needs Assessment. During this first task of Phase One,the Helix team will gather information, work through programming with City staff, and develop a prototypical conceptual Neighbors site plan for the purposes of determining site needs. During Task 2, the site selection activities will occur to include the development of criteria for site selection, evaluating the feasibility of up to five different properties, and providing recommendations to the City to assist with their decision-making process. Future phases related to site development will be provided at a time to be determined. Our scope of services is listed below. Civil Engineering—2200572.10 AHBL Civil Engineers will assist with the Needs Assessment phase by providing programming and concept development support (Tasks 1.1.b and c). We will assist in the Site Selection phase by providing assistance with the site selection criteria,feasibility evaluation, and recommendations (Tasks 11.2.a, c. and d). Our scope of work corresponds with these tasks and the attached fee breakdown. Programming (Task 1.1.b)=Task 11 1. Assist the Helix team with site space planning and adjacency diagrams for presentation to City staff. 2. Assist the Helix team with concept strategies. 3. Assist the Helix team with documenting site programmatic requirements. TACOMA Concept Development Support (Task 1.1.c_i—Task 12 2215 North 301hStreet Sole 300 4. Attend a brainstorming session or design charette with City staff and the design team. Tacoma,WA 98403.3350 253.3831422 L www.ahbi.com Attachment D Pre Erik October 8,2020 October 8,2020 2200572.10/.30 Page 2 of 5 OWA 5. Evaluate the conceptual site layout to determine preliminary requirements for the facility, including access, circulation, parking, fueling options, and utility services. 6. Work with the Helix team and City staff to develop a final concept site plan that will become the basis for selected sites. Site Selection Criteria (Task 11.2.a)—Task 13 7. Assist the Helix team in the development of the site selection criteria and potential ranking system. Feasibility Analysis (Task 11.2,c) Taslt 14 Complete a civil engineering evaluation of up to five potential sites, including the items listed below. We understand all five sites will be preliminarily reviewed. Concept level civil engineering plans, site plans, calculations, and a narrative will be prepared for only the top three preferred sites. 8. Research stormwater, utility, and roadway codes. Attend meetings with City of Federal Way and Lakehaven Utility District to discuss project requirements. 9. Attend coordination meetings with the architect and design team. 10. Create an existing conditions map from King County GIS. 11. Assist the Helix team in preparing a concept site plan. 12. Prepare vehicle turning movement diagrams. 13. Prepare concept level civil engineering plans including grading, drainage, water utilities, and sewer utilities. In addition, concept level storm drainage calculations will be prepared. 14. Prepare concept level road improvement plans for frontage roadways. 15. Prepare a narrative summarizing the design and potential issues and concerns. Recommendations r T elsk 11.2.d1—Task 15 16. Provide recommendations to assist the City in their decision-making process. Advantages and disadvantages of each options will be provided. We anticipate that issues related to the feasibility of the site will require recommendations and next steps for resolving the issues. Land Use Planning—2200572.30 AHBL land planners will assist in the Site Selection phase by aiding with the site selection criteria, feasibility evaluation, and recommendations (Tasks 11.2.a, c. and d). Our scope of work corresponds with these tasks and the attached fee breakdown. We assume that five sites will be evaluated at a preliminary level, with more detailed analysis provided for the top three. Erik Prestegaard 0■ October 8,2020 2200572.10/.30 Mhol Page 3 of 5 dw ■J li Site Selection Criteria (Task 11.2_a)—Task 31 1. Assist the Helix team in the development of the site selection criteria and potential ranking system. FeasihiIity Analysis (Task I 2_c)—Task 32 Complete a land use evaluation of up to five potential sites, including the following tasks: 2. Evaluate the properties' zoning and determine if the use is allowed in the zoning district. 3. Evaluate the adjacent land uses and zoning to assess suitability of the site for the proposed use. Prepare an aerial exhibit with a zoning overlay. 4. Evaluate the bulk regulations that impact developable area. 5. Site plan/design requirements, including restrictions on development area, perimeter screening requirements, etc. 6. Evaluate the potential for critical areas through review of available GIS mapping and site visits. Note that we are not qualified biologists; our review will be for the purposes of identifying potential critical areas that do not require a biologist, such as steep slopes, aquifer recharge areas, flood zones, etc. Provide copies of GIS critical areas maps. Review the findings of the biologist including any found critical areas and their buffers. Review code for all options related to buffer averaging and buffer reduction, if necessary. Prepare a Critical Areas Exhibit for each site. 7. Evaluate the likely permitting process and schedule. 8. Prepare a summary of the land use findings for each site in a memorandum. Provide rankings for each site consistent with the selection criteria. 9. Prepare for and participate in a meeting with the City to review the findings of the feasibility study. We assume that one meeting will be held to review the five finalist sites. 10. Coordinate with the design team during the course of site selection and feasibility. Attend up to three meetings with the team during the site evaluation process. 11. Provide input on land use permit costs and impact fees. Recommendations (Task 11.2.d)—Task 33 12. Provide recommendations to assist the City in their decision-making process. We anticipate that issues related to the feasibility of the site will require recommendations and next steps for resolving the issues Erik Prestegaard October 8,2020 2200572.10/.30 Page 4 of 5 Billing Summary We propose to bill for these services on a time and expense basis, not to exceed the amounts shown below. Item Description Task No. Amount Civil Engineering -2200572.10 Items 1-3 Programming T-11 $3,090 Items 4-6 Concept Development Support T-12 3,960 Item 7 Site Selection Criteria T-13 1,800 Items 8-15 Feasibility Analysis T-14 17,940 Item 16 Recommendations T-15 2,475 Subtotal $29,265 Land Use Planning -2200572.30 Items 1 Site Selection Criteria T-31 $1,000 Items 2-11 Feasibility Analysis T-32 18,620 Item 12 Recommendations T-33 2,000 Subtotal $21,620 GRAND TOTAL (T&E, NTE) $50,885 You may not want us to provide some of the services listed. We can discuss these services and the number of hours with you and make adjustments, as necessary. Some of the tasks listed are influenced by factors outside of our control. Based on our experience, we have estimated the number of hours required to complete these tasks. During the course of the project, if it is determined that more hours are required to complete any of these tasks due to circumstances outside of our control, we will notify you immediately. We will not perform additional work until we have your written authorization. Exclusions This proposal does not include fees associated with agency reviews, submittals, or permits, nor does it include any work associated with the following services: a) Professional services of subconsultants, e.g., geotechnical and traffic engineers, or wetlands,wildlife, and other specialists, if required by the review agency. b) Preparation, submittal, or securing of permits. c) Expanded environmental checklist or environmental impact statement. d) Costs associated with preparing and filing variances, etc. e) Development of an opinion of probable construction costs. f) Design beyond the concept phase. g) Structural engineering, landscape architecture, and land surveying services. 0MOM Erik Prestegaard October 8,2020 2200572.10/.30 Page 5 of 5 If you find this proposal acceptable, please sign and return a copy of the enclosed contract to our office. We will return a copy of this contract to you after we have signed it. Our receipt of the signed contract will be our notification to proceed. If you have any questions, please call me at(253)383-2422. Sincerely, V J �'- - William J. Fierst, PE Associate Principal LK/Isk Enclosures c: Lisa Klein -AHBL Accounting Q:\2020\2200572\Proposals_Contracts\Finals\20201008 Pro(REV)2200572.10.30.docx MIDGES 0-2 Federal Way Operations&Maintenance Facility CIVIL ENGINEERING SCOPE AND FEE DEVELOPMENT Project No.2200572.10 REVISED:October 8,2020 HOURS ASSOCIATE PROJECT ITEM#SCOPE DESCR I PTION PRINCIPAL MANAGER ENGINEER DRAFTER CLERICAL CIVIL ENGINEERING DESIGN L Task 1 Needs Assessment b. Programming 1 Site Space planning and adjacency diagrams 2 5 2 Concept strategies 2 5 3 Document site programmatic requirements 2 5 HOUR TOTALS 0 6 15 0 0 BILLING RATE $200 $165 $140 $120 $100 AMOUNT $0 $990 $2,100 $0 $0 b.PROGRAMMING SUBTOTAL $3,090 c.Concept Development Support 4 Attend a brainstorming session or design charette 4 4 5 Evaluate the concept site layout to determine preliminary requirements for 1 2 6 the facility 6 Develop a final concept site plan that will become the basis for selected sites 1 2 6 HOURTOTALS 2 8 16 0 0 BILLING RATE $200 $165 $140 $120 $100 AMOUNT $400 $1,320 $2,240 $0 $0 c.CONCEPT DEVELOPMENT SUPPORT SUBTOTAL $3,960 II.Task 2 Site Selection a.Site Selection Criteria 7 Assist in the development of the site selection criteria and ranking 1 8 2 HOUR TOTALS 1 8 2 0 0 BILLING RATE $200 $165 5140 $120 $100 AMOUNT $200 $1,320 $280 $0 $0 a.SITE SELECTION CRITERIA SUBTOTAL $1,800 c. Feasibility Analysis(assumes five sites to be evaluated) 8 Research stormwater,utility,and roadway codes.Attend meetings. 2 4 12 9 Attend design team coordination meetings 1 4 4 10 Create an existing conditions map from King County GIS 4 10 11 Assist the Helix team in preparing a concept site plan 1 6 12 12 12 Prepare vehicle moving diagrams 1 2 a 13 Prepare concept level civil engineering plans and storm drainage 1 12 calculations 14 Prepare concept level road improvement plans for frontage 1 2 8 8 roadways 15 Prepare a narrative summarizing the design and issues and concerns 1 2 8 2. HOURTOTALS 6 20 62 38 2' BILLING RATE $200 $165 $140 $130 $100 AMOUNT $1,200 $3,300 $8,6Stl .$4,560 $290 c.FEASIBILITY ANALYSIS SUBTOTAL $17,940 d.Recommendations 16 Provide recommendations including advantages and disadvantages 1 3 12 1 HOURTOTALS 1 3 12 0 1 BILLING RATE $200 $165 $140 $120 $100 AMOUNT $200 $495 $1,680 $0 $100 d.RECOMMENDATIONS SUBTOTAL $2,475 CIVIL ENGINEERING(T&E,NTE) $29,265 Q:\2020\2200572\Proposals Contracts\Finals\20201008 Fee Breakdawn(REV)2200572.1030 MR U mmvb Federal Way Operations & Maintenance Facility LAND USE PLANNING SCOPE AND FEE DEVELOPMENT Project No.2200572.30 REVISED:October 8,2020 ASSOCIATE ITEM# SCOPE DESCRIPTION PRINCIPAL PLANNER CLERICAL II.Task 2 Site Selection a. Site Selection Criteria 1 Assist the team in developing the criteria for site selection 5 HOUR TOTALS 5 0 0 BILLING RATE $200 $125 $80 AMOUNT $1,000 $0 $0 a.SITE SELECTION CRITERIA SUBTOTAL $1,000 c.Feasibility Analysis(assumes five sites to be evaluated) 2 Evaluate Zoning,allowed uses,bulk regulations 2.5 11 3 Evaluate the neighborhood context for compatibility of uses,zoning, 5 11 buffering potential. Prepare a zoning aerial exhibit. 4 Evaluate the bulk regulations 0.5 3 5 Evaluate the design requirements including buffers and screening 0.5 3 6 Assess environmental considerations(not completed by biologist). This 2 18 includes review of City's CAO for critical area requirements.Prepare a critical areas exhibit for each site. 7 Evaluate permit process and timelines 4 13 8 Prepare a narrative describing the findings. Provide rankings for each site 4 22 4 based on the findings and the site selection criteria. 9 Attend one meeting with the City to review the findings of all five sites. 4 10 Coordinate with the team and attend up to three meetings with the design 9 3 team during the course of site selection. 11 Provide land use permit cost estimates and impact fee estimates 5 4 HOURTOTALS 36.5 88 4 BILLING RATE $200 $125 $80 AMOUNT $7,300 $11,000 $320 c.FEASIBILITY ANALYSIS SUBTOTAL $18,620 d.Recommendations 12 Summarize the recommendations and next steps for final site selection. 10 HOURTOTALS 10 0 0 BILLING RATE $200 $125 $80 AMOUNT $2,000 $0 $0 d.RECOMMENDATIONS SUBTOTAL $2,000 LAND USE PLANNING (T&E, NTE) $21,620 Q:\2020\2200572\Proposals_Contracts\Finals\20201008 Fee Breakdown(REV)2200572.10.30 AHBL INC. ;=' PROFESSIONAL SERVI GES AGREEMENT This Professional Services Agreement"this Agreement"is made this 8th day of October,2020,between Helix Design Group,the"Client,"and AHBL,Inc. of Tacoma,Washington,the"Consultant,"for Federal Way Operations&Maintenance Facility,(the"Project"),AHBL File No.2200572.10/.30. The Client and Consultant agree as follows: 1. SERVICES. The Consultant will perform for the Client the services outlined in the Consultant's proposal letter dated October 8,2020,which is incorporated into this Agreement. Said services will commence upon receipt of a signed copy of this Agreement. This Agreement is between the parties hereto only and is not intended to benefit any third party nor to create any rights in any person or entity other than the parties hereto. 2. COMPENSATION FOR SERVICES. The Client shall pay to the Consultant,as compensation for the services,the amounts as identified in the proposal letter referred to in Paragraph For projects that include time and expenses charges,a schedule of charges can be provided upon request. 3. REIMBURSABLE EXPENSES. 3.1 Reimbursable Expenses, surcharged by 15 percent, are in addition to compensation for Services and include expenses incurred by the Consultant and Consultant's employees and subconsultants in the interest of the Project,as identified in the following clauses. 3.1.1 Expense of transportation in connection with the Project,expenses in connection with authorized out-of-town travel,long-distance communications,and fees paid for securing approvals of authorities having jurisdiction over the Project. 3.1.2 If authorized in advance by the Client,expenses of overtime work requiring higher than regular rates. 3.1.3 Expense of renderings,models,and mock-ups requested by the Client. 3.1.4 Reprographics,copy expenses,and other expenses connected with the project. 4. BILLING AND PAYMENT. 4.1 initial Pavment. The Client shall make an initial payment of zero and no hundredths dollars($0.00)upon execution of this Agreement. This payment shall be applied against the final invoice Invoices shall be submitted by the Consultant monthly,and are due upon presentation and shall be considered PAST DUE if not paid within thirty(3p)calendar days after the invoice date,regardless of whether the Client has secured project financing or the Client has received payment from its client,as the case may be. 4.2 Interest. If payment is riot received by the Consultant within sixty(60)calendar days of the date of the invoice,the Client shall pay an additional charge of ane-and-one-half percent (ar,the maximum allowable by law, whichever is lower)of the PAST DUE amount per month. Payment thereafter shall€first be applied to accrued interest and then to the unpaid principal. The right to charge and collect interest is in addition to,and not substitution for,the right to suspend or terminate in the event of the Client's failure to make timely payments. 4.3 Suspension or Termination of Service. If the Client fails to pay amounts within sixty(60)calendar days or the date of the Invoice.this shall constitute a material breach of this Agreement,and the Consultant may,at any time,and without waiving any other rights against the Client and without thereby incurring any liability whatsoever to the Client,suspend services under this Agreement or terminate this Agreement The Client agrees to release the Consultant from any consequences of such suspension•,or temiination of services due to the Client's non-payment of the Consultant's fees. 4.4 Sept-offs.Backcharcles.Discounts. Paymunt of invoices is in no case subject to unilateral discounting or set-offs by the Client Payment Is due regardless of suspension or termination of this Agreement by either party. If the Client objects to any portion of an invoice,the Client shall so notify the Consultant in writing within thirty(30)calendar days of receipt of the invoice. The Client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not In dispute Interest as stated above shall be paid by the Client on all disputed invoiced amounts resolved in the Consultant's favor and unpaid for more than sixty(64)calendar days after datee of invoice. 5, TERMINATION. This Agreement may be terminated by either party upon sever) (7)days'written notice should the other party fail substantially to perform in accordance with its terms through no Paull of the party initiating the termination. Upon termination,Consultant shall be compensated for all services performed to the date of receipt of notice of termination,plus reimbursable expenses then due,plus reasonable additional expenses that may be incurred in the closing of the project records and project activities 6. OWNERSHIP OF DOCUMENTS. Plans,reports,and specifications are instruments of service and shall remain the prop erty of Consultant,whether the project for which they are made is executed or not. The Consultant shall retain all ownership rights,including the copyright. Submission to public agencies and Project contractors)shalt not be deemed publication in derogation of the Consultants retained rights. The Client shall be permitted to retain copies, including reproducible copies, of plans, reports, and specifications for information and reference in connection with Client's use and occupancy. The plans,reports,and specifications shall not be used by the Client on other projects,for additions to this Proiect,or for completion of this Project by others except by agreement in writing with appropriate compensation to,and protection from liability for,Consultant,provided Consultant is not in material breach of this Agreement. 6.1 Electronic Media. The:Client may retain copies of drawings,reports,and/or specifications in electronic form. Any use or reuse of,or changes to,the eEectronic media will be at the Client's sole risk. The Client will defend,indemnify and hold harmless the Consultant from any and all claims resulting from use or reuse of.Or changes to,the electronic media by the Owner or the Owner's transferee. 7. OPINIONS OF PROBABLE COST. Since Consultant does not have control over the cost of labor,material,,or equipment,or over the contractor's mehr.x:�of determining prices,or over competitive bidding or market conditions.opinions of probable cost,when provided,are made on the basis of the Cran:,r,.ltant s experience and qualification, and represent the Consultant's best ludgment as a design professional generally familiar with the constrk.,iJi;r i ir.d;.stry However,Consultant cannot and does not guarantee that proposals,bids,or the construction cost will not vary from opinions of probablF cx:7t;7repared fcr Ilse Client. h the Client wishes greater assurance as to the construction cost,the client shall employ an independent cost estimator. AHBL,Inc.Professional Services Agreement Revised August 18,2014 Page 1 of 3 8. RISK ALLOCATION. In the execution of its services,the Consultant will exercise its best professional judgment. No other warranties,expressed or implied,are given. Client recognizes the inherent risk of claims associated with the service to be provided by Consultant. In partial consideration of Consultant's commitment to perform the services under this Agreement,Client and Consultant agree: 8.1 To limit the aggregate amount of damages the Client may recover against the Consultant(along with its officers,directors,and employees) arising under or related to this Agreement to $50,000 or the amount of compensation paid to the Consultant pursuant to this Agreement, whichever is greater. The types of claims to which this limitation applies include,without limitation,claims based on negligence,professional errors or omissions,pro€essional malpractice, Indemnity,eantrtbution,breach of contract,breach of expressed warranty, breach of implied warranty and strict liability. 8.2 The Consultant shall indemnify the Client(along with its officers,directors,and employees)against damages,losses,and liability, induding reasonable attorneys'fees and expenses recoverable under applicable law,to the extent they are caused by the negligent acts or omissions of the Consultant or its consultants in the performance of professional services under this Agreement. 8.3 The Client shall indemnify the Consultant(along with its officers,directors,and employees)against damages, losses,and liability,including reasonable atfomeys'fees and expenses recoverable under applicable law,to the extent they are caused by the negligent acts or omissions of the Client or its consultants under this Agreement. 8.4 Consequential Damages. The Client and the Consultant waive consequential damages for claims, disputes and other matters in question arising out of or related to this Agreement or the breach or alleged breach of this Agreement. 9. DISPUTES. 9.1 Mediation.Any dispute between the Client and the Consultant arising out of or relating to this Agreement shall be submitted to non-binding mediation. The Client agrees to participate in the mediation process in goad faith Lipari receiving written notice.within the time limitation set fortis below,from the Consultant of the Consultant's election to subject a dispute to mediation("Notice of Election to Mediate'). Prior to commencing litigation against the Consultant,the Client shall,within the time limitation set forth below,provide the Consultant with written notice of the Client's claim(s)setting forth the nature of the dispute and the Client's claim(s),the amount in controversy,a brief summary of the factual circumstances surrounding such dispute and dk?im(s),and a statement of the Client's intention to commence litigation ("Notice of Intent to Litigate"). If within fourteen(14)days fallowing the Consultant's receipt of Notice of Intent to Litigate the Consultant has not given the Client Notice of Election to Mediate.the Client may camr)enre litigation The Consultant may specifically enforce this mediation provision,whether through a motion to compel mediation or otherwise Unless the Client and the ConSLlftant subsequerilly agree otherwise in writing,the mediation will be conducted under the auspices of the American Arbitration Association acting under its Construction Industry Mediation Rules. Each party shall pay one-half of the mediator's charges and one-half of the mediation service's charges The parties shall participate in the mediation process in good faith. 9.2 Litigation. If the Consultant elects not to mediate a dispute or it mediation Is conriucted but does not fully resolve all disputes and/or claims, either the Client or the Consultant may commence litigation In that case, both parties agree that venue of any litigation shall be in Pierce County,Washington If litigation is not commenced within ninety(90)days of the termination of the mediation proceedings betweert the parties or after Consultant's written eleclian not to submit the dispute to mediation,the claims that were the subject of the mediation proceedings shall be forever barred. 9.3 Time Limitation. Any litigation arising out OfCIF related to this Agreement,orthe breach or alleged breach of this Agreement.must be commenced within one year of the date an which the Consultant last performs services pursuant to this Agreement. Claims by one party against the other, whether the basis of any such claim is known or unknown,shall be forever barred if not commenced within that one-year time period. This limitation period shall be tolled upon the Corisultant's service of a Notice of Election to Mediate or the Client's service of a Notice of Intention to Litigate,and shall recommence running upon the termination of mediation proceedings or,in the event the Consultant does not elect to mediate, fourteen(14)days following service of the Notice of Intent to Litigate 10. SPECIAL PROVISIONS. 10.1 Hidden Conditions. Inasmuch as the review of an existing building arirlor site requires that certain assumptions be made regarding existing conditions,and because sante of these assumptions may not be verifiable without expending addtSanal sums of money or destroying otherwise adequate or serviceable portions of the budding and/or site,.the Client agrees not to make any claims against the Consultant if it develops that the conditions that were encountered were not anticipated by Consultant. 10.2 Suhconsultants, it is recognized and understood that some of the professional services required by this Agreement may be of a specialized nature that cannot be provided by Consultant in-house. Such specialized services Include.but are not limited to,materials testing,mechanical, electrical, architectural, acoustical and geotectinical Engineering.laboratory planning and design, professional cost estimating, I-CC/energy analysis,Acoustical Engineering,telecommunications Engineering,and aider services identified elsewhere in this Agreement. Consultant shall, upon request received from the Client,procure such services from suboonsultarits subject to Client approval,and shall enter into agreements with the subcunsultants. A copy of the agreements with the subwrisultants shall he provided to the Client upon receipt of a written request. As (tie Clienfs agent,Consultant shall coordinate(tie activities of the subconsultarits in the providing of their services under this Agreement. 10.3 Waiver of Claims. If the client declines to retain the Consultant to perform construction phase services.then the Client waives any claim that might otherwise be made against the Consultant(or its officers,directors or employees)arising out of or related to use of drawings,reports andlar specifications prepared by the Consultant,except to the extent that the Client establishes that the claim against the Consultant would have existed even if the Consultant had performed construction phase services. 11. MISCELLANEOUS PROVISIONS. 11.1 Information Provided by Client. The Consultant shall indicate to the Client the information needed for rendering of services hereunder. The client shall provide to the Consultant such information,and the Consultant is enti;Ir.d to rely upon the accuracy and completeness thereof. 11.2 Envm<nmer%tril Hazgrds.W..aiy r�Irn Indemnity_ The Consultant and the Consuiiant's sL:far.ansrili,intfs)shall have no responsibility for the discovery,presence,handling,removai of,or _xpcisure of per urs to. Taterials or[c�xic su:aslancce-ni anv foirn�7.I ite prr)lecl sits It is further understood and agreed that Cf)tIsilIla nt will nr t cor4.t7i,t t I7 i;.o ri n air/ser vices in'Q1 Re i m vaiII I tiie rrr i,r rnova? aha:eI--,ons, disposal or eradication of any hazar lou,cir potenti_dly hazardous std;+,Lr cies or:iatur;als locaied in nn unc�,r,uvef,ab(eut:,r in any Dither way (:c)nnected with the pro;^ct or project site:irrd it ril llhr-ii:;o,rpnration into the onEr;i:,a cif any spec firaticm::pertaining to such mall:':will b done only in accordance with the direction of the Client and their subconsultants without any responsibility or liability whatsoever uf Consultanr or their insurers in regard thereto. AHBL,Inc.Professional Services Agreement Revised August 18,2014 Page 2 of 3 11.3 Taxes. In the event that federal,state,and/or local legislative action imposes new or additional tax measures that will affect Consultant's cost of doing business,Client and Consultant agree that all professional fees negotiated in compensation For this project shall be adjusted to reflect such increases in taxation Adjustments shall include.but not be limited to,compensation for potential new and/or the retroactive application of state sales tax on professional services,and increases in state and local business and occupation taxes. 11.4 Assignl'nent. Neither the Client nor the Consultant shall assign or transfer this Agreoment,or any interest in this Agreement or any cause of action arising under or related to it,without the written consent of the other,which consent may be withheld at the discretion of either party. 11.5 Construction Observation. The Consultant shall,0 within the scope of services of this Agreement,visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Client and Consultant in writing to become generally Familiar with the progress and quality of the construction_ However,the Consultant shall not be required to make exhaustive or continuous onsite observations or any inspections to check the quality or quantity of the construction. The Consultant shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences,of procedures,or forsafety precautions and programs in connection with the Contractor's Work(Work). The Consultant shall not be responsible for the Contractor's schedules or failure to cant'out the Work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other persons performing portions of the Work. 11.6 Submittal Review. The Consultant shall review and take other appropriate action upon contractor's submittals such as shop drawings,product data and samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the pians anti specifications. The Cansultant's actions shall be taken with reasonable promptness. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of otherdetails such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems desigrted by the contractor. The Consultant's review shall not constitute review or approval of safety precautions or of construction means,methods,techniques,sequences,or procedures.The Consultant's review of a specific item shall not indicate review or approval of an assembly of which the item Is a component. When professional certification of performance characteristics of materials,systems,or equipment is required by the plans and specifications,the Consultant shall be endued to rely upon such certification to establish that the materials,systems,or equipment will meet the performance criteria required by the plans and specifications. 11.7 Pfopgrfy Insurance. The Client will assure that the Consultant is named as an additional insured on the builders risk insurance policy and any other property policy carried by the Project owner and/or the Project prime construction contractorduring the construction The Client will furnish the Consultant with a certified copy of the policy or policies showing the Consultant's status as additional insured upon receipt of a request from the Consultant. 11.8 Govern in-t!.ayv. This Agreement shall be governed by the internal laws of the State of Washington. 11.9 Merger. This Agreement states the entire agreement between the Client and the Consultant with respect to its subject matter and supersedes all prior and contemporaneous negotiations,commitments,understandings,and agreements with respect to its subject matter. This Agreement shall not be modified or amended except by way of an instrument signed by both the Client and the Consultant. 11.10 Si nina Authority. Each individual signing this Agreement on behalf of a named party warrants that he or she has the authority to sign on behalf of his or her principal and to bind his or her principal to this Agreement and its terms. Client AHBL,INC. Civil&Structural Engineers-Landscape Architects- Community Planners-Land Surveyors HELIX DESIGN GROUP 2215 North 30th Street,Suite 300 Tacoma,WA 98403 (253)383-2422 By: By Signature/Title Principal in Charge Printed name Date: Date: (AHBL File No.2200572.10/.30) AHBL,Inc.Professional Services Agreement Revised August 18,2014 Page 3 of 3 SCHEDULE OF CHARGES & COMPENSATION Q Principal.....................................................225.00/Hour Planner 3....................................................115.00/Hour Associate Principal....................................200.00/Hour Planner 2......................................................90.00/Hour Senior Project Manager............................ 180.00/Hour Planner 1......................................................75.00/Hour Project Manager........................................ 165.00/Hour Planning Technician....................................50.00/Hour Senior Planning Project Manager.............160.00/Hour Landscape Designer 3..............................105.00/Hour Planning Project Manager........................150.00/Hour Landscape Designer 2 ................................95.00/Hour Director of Landscape Architecture..........165.00/Hour Landscape Designer 1 ................................80.00/Hour Senior Landscape Project Manager.........145.00/Hour Senior Landscape Technician...................125.00/Hour Landscape Project Manager 2.................. 125.00/Hour Landscape Technician 3...........................105.00/Hour Landscape Project Manager 1.................. 115.00/Hour Landscape Technician 2.............................90.00/Hour Survey Project Manager........................... 160.00/Hour Landscape Technician 1 .............................75.00/Hour Senior Engineer........................................ 155.00/Hour Senior Survey Technician.........................125.00/Hour Project Engineer 4..................................... 140.00/Hour Survey Technician 3..................................120.00/Hour Project Engineer 3..................................... 130.00/Hour Survey Technician 2..................................105.00/Hour Project Engineer 2.....................................115.00/Hour Survey Technician 1 ....................................90.00/Hour Project Engineer 1..................................... 105.00/Hour Survey Crew..............................................200.00/Hour Senior Engineer Technician......................125.00/Hour 1-Man Survey Crew...................................130.00/Hour Engineer Technician 3.............................. 120.00/Hour Graphic Designer.......................................110.00/Hour Engineer Technician 2.............................. 105.00/Hour Technical Editor.........................................100.00/Hour Engineer Technician 1 ................................90.00/Hour Word Processor/Sr. Administrative Asst.....85.00/Hour Project Administrator.................................120.00/Hour Administrative Assistant..............................75.00/Hour Project Expeditor.........................................80.00/Hour Outside Consultants................Separate Fee Proposal Planner 5......................_............................ 140.00/Hour Geotechnical Engineers..........Separate Fee Proposal Planner 4...................................................125.00/Hour Environmental Consultants.....Separate Fee Proposal Large Format Bond.....................................................0.50/sf Large Format High Density Color Bond ................... .2.00/sf Large Format Mylar....................................................2.00/sf Small Format Color Bond 11 X 17..............................0.50/Sheet Small Format Color Bond 8.5 X 11.............................0.40/Sheet The Schedule of Charges and Compensation is subject to change. Charges are made for technical typing, as in the preparation of reports, and for technical clerical services directly related to projects. Direct charges are not made for general secretarial services, office management, accounting, or maintenance. Effective January 1,2020 Western Washington 00 1455 NW Leary Way,Suite 400 206.395.9738t Seattle, WA 98107 ocmi.com OCMI,Inc. 08 October 2020 Erik Prestegaard Helix Design Group 253-275-6052 602112 th St. East, Suite 201 Tacoma,WA, 98424 Regarding: City of Federal Way Ops& Maintenance Facility Development Cost Estimating Services—R1 Erik, OCMI, Inc. is pleased to transmit this proposal to provide cost estimating services. Our fee proposal is based upon the details provided in your e-mails, dated 29h September, as well as the project approach document. TASK $/HOUR HOURS TOTAL PREFFERED CONCEPTUAL SITE PLAN COST ESTIMATE $ 155.00 20 $3,100 FEASIBILITY COST ESTIMATE $ 155.00 75 $11,625 RECOMMENDATIONS $ 155.00 8 $1,240 TOTAL NOT TO EXCEED $15,965 The scope of services includes one cost estimate at each noted milestone.The estimates will be presented in a Uniformat(or as requested by the client) and submitted electronically in pdf format. Drawing reproduction is not included and will be billed as a reimbursable expense, if required. Meetings, cost studies, and revisions due to change in scope are not included and will be billed on a time and materials @ $155/Hr for Senior Estimator. OCMI, Inc. also offers a full range of cost and schedule control services that could be provided as optional services, if requested. Thanks again for contacting OCMI. Please feel free to contact me if you have any questions. Sincerely, Abhi Choukse Regional Estimating Manager Attachment E 00 1455 NW Leary Way,Suite 400 206.395.9738t Seattle, WA 98107 ocmi.com OCMI,Inc. 08 October 2020 Erik Prestegaard Helix Design Group 253-275-6052 602112 th St. East,Suite 201 Tacoma, WA, 98424 Regarding: City of Federal Way Ops & Maintenance Facility Development Cost Estimating Services—R1 Erik, OCMI, Inc. is pleased to transmit this proposal to provide cost estimating services. Our fee proposal is based upon the details provided in your e-mails, dated 29h September, as well as the project approach document. TASK $/HOUR HOURS TOTAL PREFFERED CONCEPTUAL SITE PLAN COST ESTIMATE $ 155.00 20 $3,100 FEASIBILITY COST ESTIMATE $ 155.00 75 $11,625 RECOMMENDATIONS $ 155.00 8 $1,240 TOTAL NOT TO EXCEED $15,965 The scope of services includes one cost estimate at each noted milestone.The estimates will be presented in a Uniformat(or as requested by the client) and submitted electronically in pdf format. Drawing reproduction is not included and will be billed as a reimbursable expense, if required. Meetings, cost studies, and revisions due to change in scope are not included and will be billed on a time and materials @ $155/Hr for Senior Estimator. OCMI, Inc. also offers a full range of cost and schedule control services that could be provided as optional services, if requested. Thanks again for contacting OCMI. Please feel free to contact me if you have any questions. Sincerely, Abhi Choukse Regional Estimating Manager Attachment E DATE(MM/DDIYYYY) ,4►cvrt©� CERTIFICATE OF LIABILITY INSURANCE 10/'8/2020 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). ACT PRODUCER Liberty Mutual Insurance NAME: PO Box 188065 HONE c..t]; 800-962-7132 F�c Na: 800-845-3666 Fairfield, OH 45018 F 4V IL aDL�raEss: BusinessService LiberE Mutual.com INSURERS)AFFORDING COVERAGE NAIC# INSURERA: West American Insurance Company 44393 INSURED INSURER B: Ohio Casualty Insurance Company 24074 Helix Design Group INSURERC: 6021 12th St E 201 -- Tacoma WA 98424 INSURER D; INSURER E: INSURER F: COVERAGES 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. 0•JSR AODLSUTYPE OF INSURANCE JUSID W 12 POLICY NUMBER POLICY EFF ppj)JOyI/Lpp�): LIMITS LTR A ✓ COMMERCIAL GENERAL LIABILITY ✓ BZW58046138 i 9/25/2020 9/25/2021 EACH OCCURRENCE $2,000,000 ...........-..... A AG _ I CLAIMS-MADE ,/ OCCUR PREMISES Ea occurrence $2X0,000 Businessowners MED EXP(Any one person) $15,000 1 PERSONAL&ADV INJURY $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ✓❑JEFI LOC PRODUCTS-COMP/OP AGG $4.000.000 OTHER: $ A HAUTOMOBILE LIABILITY BZW58046138 9/25/2020 9/25/2021 aBINEDtSINGLELIMIT $2.000.000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ✓ AUTOS ONLY Per acc dent 1 $ B �/ UMBRELLA LIAR , ,/ OCCUR US058046138 9/25/2020 9/25/2021 EACH OCCURRENCE $2.000,000 EXCESS LIAB CLAIMS-MADE. AGGREGATE $2,000.000 DED I ✓I RETENTION$0 – $ A WORKERS COMPENSATION BZW58046138 9/25/2020 9/25/2021 YINPER T TUTS ER AND EMPLOYERS'LIABILITY - ANYPROPRIETOR/PARTNERIEXECUTIVE E.L EACH ACCIDENT $2,000.000 OFFICERIMEMBEREXCLUDED? NIA -""--- (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $2 OO O If yes,describe under Stop Gap — - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) R,a Projecs O eFaUrrr;and Maintenance Fal:!My DeVe".o:;me-n :Ai :=;• ra-':''J, Additional Insurr;'•_I.i ra:_;uir=:1 i v,.: ih,.:n•,ontract or.vritten agreement, SI.J.)VIct W.0•i ;r,r rn',rr s Liability EXtensrin, Insured='ro+.i5ion. CERTIFICATE HOLDEN CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 - 8th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way WA 98003-6325 AUTHORIZED REPRESENTATIVE Robert Wong ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II -Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a$3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a$500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.I. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions -Applicable To Business Liability Coverage -Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F.Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any 'occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. 'Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph DA. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the 'locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, 'location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the 'occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.I. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 I. Section F.Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; C That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 HELIDES-03 JP-ABALATE DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 1E(MM/D NY 20 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 License#OC36861 CONTACT Seattle-Alliant Insurance Services,Inc. PE 1420 Ext IFA c.No 1420 Fifth Ave 15th Floor ( ):(206 204-9140 ( ):(206)204-9205 Seattle,WA 98101 'A aL _ INSURER(S) AFFORDING COVERAGE NAIC# INSURER A:Continental Casual Company 20443 INSURED INSURER 8: Helix Design Group,Inc. INSURER C: 6021 12th St East#201 INSURER D Tacoma,WA 98424 INSURER E INSURER F: COVERAGES 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 TYPE OF INSURANCE iADDL 5UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS .LTR NSD WVD MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DRMAGETO RENTEp $ MED EXP Anv oneperson) $ PERSONAL&ADV INJURY $ GERL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY L]Pp& F-1 LOC PRODUCTS-COMPIOP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY Per erson $ OWNED SCHEDULED I AUTOS ONLY AUTOS ED BODILY INJURY(Per accident $ AURTUS ONLY NON-S Ot>1LY PROPER Da MAGE UTOPer aceve�nC+ $ UMBRELLA LIAB OCCUR EACH OCCLIRRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY TATUTE E YIN ANY PROPRIETOR/PARTNER/EXECUTIVEF—] E.L EACH ACCIDENT $ CE I =':-:'.EMBER EXCLUDED? N I A (Mandatary in H) E.L.DISEASE-EA EMPLOYEE $ If yes,&_a •Abe under t1FRCRIPTIi]N OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ A Professional Liabili AEH591932169 8/1/2020 8/1/2021 Each Claim 2,000,000 A Prof/Poll Liability AEH591932169 8/1/2020 8/1/2021 Deductible Per Claim 75,000 'I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Operations and Maintenance Facility Development Evidence of Professional/Pollution Liability coverage. �M. CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325-8th Avenue South Federal Way,WA 98003-6325 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 10/21/2020 Corporations and Charities System BUSINESS INFORMATION Business Name: HELIX DESIGN GROUP,INC. UBI Number: 602 622 111 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 6021 12TH ST E STE 201,FIFE,WA,98424-1376,UNITED STATES Principal Office Mailing Address: Expiration Date: 06/30/2021 Jurisdiction: UNITED STATES,VIASHINGTON Formation/Registration Date: 06/08/2006 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: JAMES A KRUEGER Street Address: 1201 PACIFIC AVE STE 1900,TACOMA,WA,98402-4315,UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL BRUCE G MCKEAN GOVERNOR INDIVIDUAL ERIK PRESEGAARD GOVERNOR INDIVIDUAL CYNTHIA MCKEAN GOVERNOR INDIVIDUAL LOWELL CATE hfps://cds.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1