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AG 20-925 - HELIX DESIGN GROUPRETURN TO: PW ADMIN EXT: 2700 ID #: 4141 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIY: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Desiree' Winkler EXT: 2711 3. DATE REQ. BY. 8/22/22 3. TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 20-925 ❑ INTERLOCAL ❑ OTHER 4. PROJECT N_% Ni I:: Operations and Maintenance Facility Development s. NAME OF CON rR:kc:-l-OR: Helix Design Group, Inc._ _ _ ADDRESS: 6021 12th Street E, Sute 201, Fife, WA 98424-1376 TELEPHONE: 253.922.9037 E-MAIL: erikn d hellxdesigngroup.net FAX: SIGNATURENAME: Erik Prestegaard TITLE: 6. EXHIBITS AND ATTACHMENTS: EI SCOPE, WORK OR SERVICES EI COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. p12/31/ UBI # , EXP. ! /� 7. TERM: COMMENCEMENT DA FF_: �l - II Z7— COMPLETION DATE: 1 2/31 /2023 8. TOTAL COMPENSATION: $ (Adding $220,914) Total =$506,430.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: la YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED d PURCHASING: PLEASE CHARGE TO: d36610-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 6 DEPUTY DIRECTOR DSW ane/22 6 DIRECTOR EJW e117/2022 ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT TMW 8/17 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: "/a COMMITTEE APPROVAL DATE: n/a SCHEDULED COUNCIL DATE: "/a COUNCIL APPROVAL DATE: 7/5/22 11. CONTRACT SIGNATURE ROUTING I �$ 122 DATE REC� D: �2S 122 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT; ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT A LAW DEPT ryA g 3o 202 8 SIGNATORY (MAYOR OR DIRECTOR) it22_ 8 CITY CLERK 41 1 ?'Z ASSIGNED AG # �p� AG# %i SIGNED COPY ��' [ � ►IY� DATE SENT: �0 4 COMMENTI: EXECUTE" , ORIGINALS 7/5122: Council authorized use of S250,000 of unallocated SWIM and Streets CIP funds to advance preliminary design 1 /2020 CITY of CITY HALL Federal Wa Feder l Avenue South � Federal Way, WA 98003-6325 (253)835-7000 www cityoffederal way. com AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGEREMENT FOR OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT This Amendment ("Amendment No. 3") 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"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Operations and Maintenance Facility Development ("Agreement") dated effective November 6, 2020, as amended by Amendment Nos. 1 and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2023 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-3 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL I � Feder l Avenue South �� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: A-Feell, Mayor DATE: %S� i ) 22- HELIX DESI N GROUP, INC.: By: Printed Name: �,Gxia Title: J�;v fil th r ► Date: �/� �Z Z STATE OF WASHINGTON ) ) ss. COUNTY OF Brun-e ) ATTEST: dx� t Il ille C l?llriz3cl'. L'S ity Clerk APPROVED AS TO FORM: Ryan Call, City h ey On this day personally appeared before me LZ We.� Cck:- f— , to me known to be the of �Vd 17e a6m&2P 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 (qt- day of r.�ti� , 2027— • NOTAgI, j4UBLIC Notary's signatureGwt Notary's printed name P�OjC � + Notary Public in and for the State of Washington. My commission expires Oq /Dy 1�q AMENDMENT - 2 - 3/2017 CITY of CITY HALL ■ � a 33325 Avenue South Federal Way Federall Way, WA 98003-6325 (253)835-700D www.. G+f},Ofe't,ti� a(ii f i i .iv com EXHIBIT A-3 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: See attached. AMENDMENT - 3 - 3/2017 CITY OF CITY HALL AIIIFe d e ra I Wa 33325 Avenue South �� Federall Way, WA 98003-6325 (253) 835-7000 wunv cityoffederalway com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred Twenty Thousand Nine Hundred Fourteen and 00/100 Dollars ($220,914.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Five Hundred Six Thousand Four Hundred thirty and 00/100 Dollars ($506,430.00). 2. Method of Compensation: Hourly 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 Exhibit A-3. 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 Four Thousand and 00/100 Dollars ($4,000.00). AMENDMENT - 4 - 3/2017 Ieli EXHIBITA-3 design group August 15, 2022 Ms. Desiree Winkler Deputy Director, Public Works Dept. City of Federal Way 33325 8th Avenue S. Federal Way, WA 98003 RE: Operations & Maintenance Facility Study. Site #2 Preliminary Design. *REVISED PROPOSAL #02* Dear Ms. Winkler: Thank you for inviting our proposal for services associated with the next step in this exciting project development, the Preliminary Design of Site #2 - Steele Lake Annex. Having reviewed your comments to our August 8 & 12, 2022 proposals we are very pleased to submit the following revised proposal for your consideration. PROJECT SCOPE The work required for this Preliminary Design phase will build further on the Site #2 report; incorporate City comments and preferences; and develop site plan concept(s). This proposal assumes only two (2) concepts, but this can be expanded as an added service, at City's option. As a part of basic services, we will also include a proposed effort to evaluate improvements to the Park facilities, including the Skate Park, etc. Please refer to Attachment 'A' for listing of tasks to be addressed and completed. PROJECT TEAM Our proposed project Team comprises member firms that participated in the original Feasibility Study, with the addition of a Skate Park specialist and the City's "on -call" surveyors. Our Team is as follows: Helix Design Group, Inc. (Att.'B'): AHBL, Inc. (Att.'C'): OCMI (Att. 'D'): Hargis Engineers, Inc. (Att. 'E'): Grindline Skateparks, Inc. (Att. 'F'): Soundview Consultants (Att. 'G'): KPG/Psomas (Att. 'H'): Migizi Group, Inc. (Att. T): TASKS AND FEES Proposed fees are as follows: Helix Design Group, Inc. (Att.'B-1'): AHBL, Inc. (Att. 'C'): OCMI (Att.'D'): Hargis Engineers, Inc. (Att.'E'): Grindline Skateparks, Inc. (Att. T'): Soundview Consultants (Att. 'G'): Prime Consultant Architecture; Planning Civil Engineering Cost Estimating Electrical Engineering Skate Park Consulting Environmental/Wetlands Consulting Land Surveying Geotechnical Engineering $ 19,000 22,915 2,100 5,960 13,585 0103-F- Proposals-Contracts\2020\a20-102 Fed Way O&M Facility\02 Fee Proposals\w rkinC\E3_Federal Way Ops & Maint Faciliiy Sim 02 Prelim Design Proposal.docx AgC1HITFCTURE INTERIORS GRAPHICS PLANNING $ 99,010 6021 12th Street East, Suite 201, Tacoma, WA 98424-1308 (253) 922-9037 www.helixdesigngroup.net KPG/Psomas (Att. 'H'): Migizi Group, Inc. (Att. T): Sub -total: Helix Mark-up @ 10%: TOTAL, BASIC SERVICES (LABOR): ADD: Allowance for Reimbursables: TOTAL, LABORAND REIMBURSABLE& 36,164 11,950 $111,672 11,167 $122,839 $221,849 $ 4,000 $225,849 IV. ADDITIONAL FEES NEEDED Additional fees needed, allowing for the amount unexpended in our original contract, including Amendments, is as follows: Proposed New Fee: Less: Remaining in Contract: Net Requested: $225,849 <$ 29,935 > $195,914 Note: In order to "protect" against potential, additional concept developments and unforeseen situations, we recommend that a contingency amount of at least $25,000 be set aside to cover such eventualities. V. ASSUMPTIONS Our proposal has been prepared based on the following assumptions: A. The only potential site under consideration and addressed in this proposal is Site #2, Steele Lake Annex. Other areas/sites will only be considered as potential "hosts" for a re -located skate park. B. All services will be provided on an "hourly, not -to -exceed" basis at standard, current billing rates. Rates have been identified in each team members proposal (Attachments'B' through'H'). C. Services are limited to Preliminary/Concept designs only. Actual facilities designs will be addressed in future proposals when requested. D. We have included preliminary geotechnical investigations to determine soils characteristics in the shop building area(s) to determine ability to support heavy equipment lifts and necessary foundation types. We hope this proposal is acceptable. If you have any questions, please let us know. Sincerely yours, HELIX DESIGN GROUP, INC. i Erik Prestegaard Principal Attachments ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East, Suite 201, Tacoma, WA 98424-1308 (253) 922-9037 www.helixdesigngroup.net Attachment 'A' City of Federal Way PW Site-2 Preliminary Design Services. Scope of Work. 812122 *REVISED 8/15/22* A. O&MF 1. Site Concept Review & Development: ■ Review and develop site concepts to incorporate comments and input generated during site selection approval process. Optimize sharing of parking areas with recreational functions and work to preserve park functions. Review availability of sufficient power. 2. Project Management: ■ Coordinate all design team activities and tasks. (partially funded under current contract residual fees) ■ Support PW with any assistance required for documentation and promotion of project. 3. Site Civil: ■ Review site utility service availability costs. ■ Participate in development of alternate site concepts to evaluate, grading, drainage, vehicle movements, code/zoning requirements, costs, etc. 4. Wetlands: ■ Wetland delineation and habitat assessment field work and environmental planning, mapping, and project support to determine extent of buildable land available. (funded under current contract residual fees) ■ Assessment documentation report for regulatory review. 5. Boundary & Topo Survey: Helix to Sub to KPG/Psomas 6. Estimate: ■ Provide cost estimate for revised site concept(s). 7. Geotechnical Investigations Determine soils characteristics to indicate foundations requirements to support heavy loads in shop area(s). B. RECREATIONAL FACILITY IMPROVEMENTS AND PARKS FACILITIES EVALUATION ■ Skate Park: three (3) alternate locations. ■ Provide concept layouts for park facilities at the current 0&M site based on general layouts provided by the city (may include skate park, parking, pickle ball, dog park). ■. Provide concept layouts for park facilities at "other" park locations based on general layouts provided by the city. Limited to 3 baseball fields and associated amenities. ■ Evaluate improvements to city park play fields for mitigation of displacements at Site-2. (Lighting, parking, etc.) ■ Investigate development of Site-2 features to promote educational opportunities for students from the adjacent Truman HS. (Trails, exercise, environmental information, etc.) Provide cost estimates for improvements for facilities not directly related to the PW facility. ATTACHMENT B City of Federal Way, OMF - Site #2 Preliminary Design Architectural Design Tasks ■Architectural Tasks ®� $ 200.00 $ 175.00 $ 160.00 $ 157.50 $ O&MF 1 Kick-off Meeting Review Site #2 Study Data 5 5 2 Meet to Discuss Options; City Comments 5 5 3 Prepare Concept Site Plans; Incorporate 24 32 24 Comments from City. Cost Estimates (ROM) 4 Presentation & Review Meetings (4 ea.) 20 20 5 Finalize Concept(s) 16 32 18 5 Prepare Report (Including Survey & Wetlands); 12 32 Sketches. 7 Coordination with City 4 16 6 Coordination with Consultant Team 4 24 REC. FACILITY & PARKS IMPROVEMENTS iIt--IIX r, design group ■RFA ®= 135.00 $ 67.50 total 16 12 12 10 $ 1,875 $ 1,875 $ 16,340 $ 7,500 $ 13,255 $ 10,295 $ 3,600 $ 5,000 1 Kick-off Meeting Combined with O&MF 2 2 $ 750 2 Meet to Discuss Options Combined with O&MF 2 2 $ 750 Meet with Park Staff to Discuss Potential Use of 4 4 $ 1,500 3 Current O&MF 4 Develop Conceptual Ideas & Concepts 12 24 32 10 $ 12.990 5 Prepare Concepts with Cost Opinions 4 6 4 $ 2,740 Presentation & Review Meetings Combined with 8 8 $ 3,000 6 O&MF 7 Finalize Concept(s)lldeas 6 18 16 10 $ 8,220 Prepare Report with Sketches, Combined with 6 10 8 $ 4,570 8 O&MF 9 Coordination with City 4 8 $ 2,200 10 Coordination with Consultant Team 4 10 $ 2,550 total hours 142 260 0 90 72 18 582 Total Architectural Service $ 28,400.00 $ 45.500.00 $ $ 14,175.00 $ 9 720.00 $ 1 215.00 Expenses Travel Costs trips miles Mileage $ 0.625 per mile Reproduction Prints, copies, etc., Misc. Total Travel Costs Allowance total mileage Sub -total Expenses Helix mark-up @ 10% Total Expenses 0 Page 1 811212022 Helix Design Group Attachment 'C' AUTHORIZATION FOR ADDITIONAL SERVICES t� 0 To: Erik Prestegaard DATE: August 5, 2022 Helix Design Group PROJECT NO.: 2200572.10, Tasks 16 & 17 6021 12th Street East, Suite 201 Fife, WA 98424-1376 PROJECT NAME: Federal Way O&M Facility EMAIL: Erikp@HelixDesignGroup.net SUBJECT: Additional Services SERVICES PROVIDED: ® Civil Engineering ❑ Structural Engineering ❑ Land Use Planning ❑ Landscape Architecture ❑ Land Surveying DESCRIPTION OF WORK: The following additional services have been requested: We understand City of Federal Way has requested preliminary design for Site-2. We understand that Helix will prepare a preliminary site plan and concepts, and that a site survey will be provided by others. No land use planning services are included in this scope of work. Site-2 Preliminary Site Civil Design -- Task 16 (Two concepts assumed) 1. Review site utility service availability costs. 2. Participate in the development of alternate site concepts to evaluate grading, drainage, and vehicle movements. 3. Prepare preliminary costs opinions for each concept. Optional_ Recreational Facility Improvements Civil Evaluation —Task 17 4. Assist with site civil evaluation of alternate skate park locations and additional improvements to Site-2 as mitigation, including preliminary cost opinions. BILLING SUMMARY: Items Description Task No. Amount Items 1-3 Site-2 Preliminary Site Civil Design (Two concepts assumed) T-16 $14.000 Item 4 Optional Recreational Facility Improvements Civil Evaluation T-17 5,000 Total Additional Services $19,000 AGREEMENT: Client agrees to the scope of additional services and additional costs/fee set forth above. Further, Client agrees that this Authorization for Additional Services is subject to the same terms and conditions as specified in the original Contract/Agreement dated October 8, 2020. AHBL's receipt of a signed copy of this Authorization for Additional Services shall constitute its notice to proceed with performance. Client Purchase Order No: Client Name: Signature: Printed Namerritle: Date: Page 1 of 2 AHBL Project Mgr. Signature: QJ A ` ` AHBL Proj. Mgr. Printed Name: William J. Flerst, PE ® TACOMA ❑ SEA TTLE ❑ SPOKANE 2215 North 301h Street, Suite 300 1200 6th Avenue, Suite 1620 827 West First Avenue, Suite 220 Tacoma, WA 98403-3350 Seatde,WA 98101-3117 Spokane, WA 99201-3904 253.3832422 TEL 206.2672425 TEL 509.2523019 TEL WJF/Isk c: Accounting Q:\2020\2200572\Proposals_Contracts\Finals\20220805 Auth (T16-17) 2200572.10.docx Authorization for Additional Services Federal Way O&M Facility 2200572.10, Tasks 16 & 17 Page 2 of 2 Mw W` n Date: 8/5/2022 ❑ TRI-CITIES 5804 Road 90, Suite H Pasco, WA 99301-11551 509.380503 TEL Attachment 'D' O C MI, Inc. 1455 NW Leary Way, Suite 400 206.331.3781 t Seattle, WA 98107 ocmi.com 08 August 2022 Erik Prestegaard Helix Design Group 253-275-6052 6021 12th St. East, Suite 201 Tacoma, WA, 98424 Regarding: Federal Way PW Site 2 Proposal for Cost Management Services Dear Erik: OCMI, Inc. is pleased to transmit this proposal for cost management services in support of your design efforts on the above noted project. In summary, we understand the project to include the examination of all costs associated with the development of two (2) different concepts for the development of an existing site, with development to include parking facilities, wetlands/storm water mitigation, and site civil utilities. We also understand the effort to potentially require the optional scope listed in the RFP, which includes the development of a skate park and educational/exercise facilities. As requested, we are submitting the following lump sum proposal for services. Our fee is as follows: Desc Revised Site Concept(s) Estimate Optional Scope Estimate Lump Sum $12, 660 $10,255 Total 1 $22,915 The scope of services includes one cost estimate at each noted milestone. The estimates will be presented in the owners preferred format 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 basis in accordance with the fee schedule. We will require 8-10 business days to complete these estimates unless specifically detailed otherwise. OCMI also offers a full range of construction management, market evaluation and schedule control services that can be provided as optional services, if requested. OCMI, Inc. 1455 NW Leary Way, Suite 400 206.331.3781 t Seattle, WA 98107 ocmi.com Thanks again for contacting OCMI. Please feel free to contact me if you have any questions. Please indicate your acceptance by signing below and returning a copy of this document to our office. Sincerely, i Conor Clarke Vice President Client accepts this fee proposal, and OCMI is authorized to proceed with the work. Signature Date Attachment 'E' August 15, 2022 Helix Design Group 6021 12th St E, Suite 201 Tacoma, WA 98424 Attention: Erik Prestegaard, Principal Regarding: Fee Proposal, Engineering Services City of Federal Way Operations and Maintenance Facility Preliminary Design Phase References: (1) Operations & Maintenance Facility Development Report, prepared by Helix Design Group and dated October 25, 2021 We appreciate the opportunity to partner with Helix Design Group for the site evaluation stage of a proposed City of Federal Way Operations and Maintenance Facility. We will provide electrical consulting engineering services for the referenced project, in accordance with Reference (1) and the following. Scope of Work Scope includes conceptual design assistance for one site — identified as Site #2 (Steel Lake Park) in Reference (1) —being considered for the proposed facility. Includes input to site concept design related to electrical utilities and scope. Includes preliminary review of site electrical utility in conjunction with the civil engineer to accommodate proposed facility. The following tasks and associated hours are included: A. Electrical • Review architectural and civil concepts with system impacts 2 hours Review planning documentation and record drawings 1 hours v Walkthrough, existing Federal Way site 0 hours • Participate in (0) virtual design team meetings 0 hours o Coordination — Design Team/Owner 1 hours Preliminary Coordination — Electrical Utility 2 hours • Prepare electrical supporting narrative documentation 4 hours • Review cost opinion, prepared by estimator 2 hours Subtotal 12 hours Documentation A. Preliminary Design Phase: Supporting site utility narrative input, as necessary; review cost estimate 1201 third avenue, suite 600 seattle, washington 98101 t 206 448.3376 w hargis.biz H A R G I S mechanical electrical telecommunications security energy August 15, 2022 City of Federal Way Operations & Maintenance Facility Additional Services Not Included in Fee A. Design phase services; B. Mechanical or telecommunications consulting C. Cost Opinions Fee A. Basis: Hourly Not -To -Exceed (NTE) B. Amount— Preliminary Design Services: 1. Electrical Consulting - Base (12 hrs @ $175) .. Total....................................................... C. Basis: Hourly Rates 2,100 .................... 52,100 H A R G I S page 2 Based on the proposal, our hourly breakdown for the year 2022 is as follows. We request the opportunity to adjust our hourly rates on Jan V at the onset of each year. Administrative $90/hr Drafter $115/hr Designer $135/hr Senior Designer $150/hr Project Engineer $170/hr Senior Project Engineer $185/hr Principal $200/hr D. Reimbursable expenses: Reimbursible expenses will be invoiced at cost plus 10%. We appreciate this opportunity to provide engineering services. Please let us know if you have any questions about our proposal. On Behalf of HARGIS ENGINEERS, INC. Erik Stearns, PE Principal, Electrical \\HARGISFILE\General\GG.vol\ADMIN.VOL\FEE\Client (Owner)\Government\City of Federal Way\Helix RE 20220815 Fed Way PW Site Eva RI.docx Attachment 'F' PROPOSAL FOR PRE -DESIGN SERVICES FOR: STEELE LAKE PARK SKATEPARK Proposal Submitted To: Erik Prestegaard Helix Design Group erikp@helixdesigngroup.net Office (253) 922-9037 Direct (253) 275-6082 TASK 1. Pre -Design Services a) Project Kick Off Meeting: The Design Team and Client will review the site information and discuss how the future skatepark will integrate into the new park Master Plan. The Design Team and Client will finalize the project objectives including scope, schedule and budget. A communication plan will be made to identify preferred communication methods. Key meetings and deliverables will be scheduled and areas requiring coordination will be identified. b) Site Visit: The Design Team and Client will do a site visit to review the existing skatepark, as well as conditions of the future proposed sites, and explore opportunities and constraints of each site. Items such vehicular, pedestrian and utility integration, as well as required/desired amenities will be discussed and solutions proposed for identified items. c) Feasibility Report: Grindline will utilize all information collected in b) and c) to produce a report identifying what features at the current skatepark should be considered to be included in a design for the future facility. The report will include a Strength, Weakness, Opportunity, and Threat (SWOT) Analysis for each potential new site location. If the desired by the Client, Grindline will make a recommendation on the preferred location. Task 1 Deliverables & Final Products: • A summary report for the site summarizing the results of the Project Startup Meetings for the Client to review and approve. • Finalized Program, Schedule, and Budget for remainder of Design process • A feasibility Report as described above Steele Lake Skatepark Pre -Design Fee Proposal Item Labor Quantity Unit Rate Cost Project Startup, Site Visit, Start Up Report Principal 12 hrs $165.00 $1,980.00 Lead Design 8 hrs $145.00 $1,160.00 Design Associate 0 hrs $90.00 $0.00 Expenses 1 Is $200.00 $200.00 Feasability Report Principal Lead Design Design Associate Expenses TOTAL SERVICES Exclusions: • Survey or Geotechnical services 8 hrs $165.00 $1,320.00 4 hrs $145.00 $580.00 8 hrs $90.00 $720.00 1 Is $0.00 $0.00 Any work not included in this scope would be billed at Grindline's hourly rates below: Principle: $165.00 / hr Lead Designer: $145.00 / hr Design Assiciate: $90.00 / hr Office Administration: $65.00 / hr Totals $3,340.00 $2,620.00 55,960.00 By my signature below and as a representative of the Client, I accept and agree to fulfill the terms of the proposal including payment in full for work completed by my direction. Any additional work beyond this proposal must be agreed to in writing. Name (Please print) Title Signature Date Attachment 'Gr Soundview Consultants Biwronwemai Hssessrient •Planning • nano use 2.01uuons 2907 Harborview Drive, Gig Harbor, %QUA 98335 Phone: (253) 514-8952 Fax: (253) 514-8954 AGREEMENT FOR CONSULTING SERVICES Between Helix Design Group LLC and Soundview Consultants LLC O & M Facility PrjectNumber 1458.0008 SCOPE AMENDMENT I Soundview Consultants LLC (Consultant) has been assisting Helix Design Group LLC (Client) in defining the development opportunities on the southern approximately 28 acres of the tax parcel located at 31201 28th Avenue South in the City of Federal Way, Washington (King County Tax Parcel Number 092104-9026). The Client has requested Consultant to provide this scope amendment and estimate to include, as currently understood, preparation of a Wetland and Fish and Wildlife Habitat Assessment Technical Memorandum. This scope amendment does not include site survey, geotechnical analysis, wetland or ordinary high water delineations, arborist services, mitigation design, applications, or permitting. These additional items, if necessary, may be coordinated with other parties and/or authorized under this agreement with Consultant and Client approval. Details of each initial task, as currently understood, are outlined in the following descriptions: Task 300 — Wetland and Fish and Wildlife Habitat Assessment Technical Memorandum The Consultant will prepare a Wetland and Fish and Wildlife Habitat Assessment Technical Memorandum based on the findings of the previous site assessment efforts that evaluated and delineated potentially regulated wetlands and fish and wildlife habitat. This task includes formal analysis and code review, documentation of existing site features and buffer limitations for regulatory review, and documentation of measures taken to avoid impacts to potentially regulated wetlands and fish and wildlife habitat from development actions. The simplified assessment will include a wedand rating using the Washington State Department of Ecology (WSDOE) 200412014 Wetland Rating System for Western Washington and data collected in accordance with the U.S. Army Corps of Engineers' ([JSACE) wetlands Delineation Manual as modified by the Regional Srpplenrent to the Corps of Engineers Wetland Delineation Manual. TVestern Mountains, Valleys, and Coast Region (L'ersion 2.0). Mapping support for the assessment will consist of a GIS map showing the locations of the formal data plot locations. This task assumes that the Client will provide the Consultant with a proposed site plan. Task 300 is currently anticipated to require approximately 51 hours of professional staff time to be billed for actual time required to effectively perform these activities up to a total cost of $6,285.00. TASK SUMMARY _Task 300 — Wedand and Fish and Wildlife Habitat Assessment Technical Memorandum $ 6,285.00 Current Scope Amendment Estimated Cost: $ 6,285.00 Soundview Consultants LLC 1458.0008 — 0 & M Facility August 8, 2022 Page 1 of 2 STAFF BILLING AND MILEAGE RATES Soundview Consultants LLC hourly billing rates for this agreement are as follows Principal Scientist/Environmental Planner..........................................................................................................................S 205.00/hr AssociatePrincipal...................................•..•--------.-...,................................................................................._........... ...... S 170.00/hr Senior Environmental Scientist II (fisheries, Marine, Wetland, etc.) ............... ..................... ....._................................. $ 150.00/hr Senior Environmental Scientist I (Fisheries, Marine, Wetland, etc.) ........................................... ................ .... ........... .,- $ 145.00/hr Environmental Scientist/Planner III (Fisheries, Marine, Wetland, etc.) ................ .......... .................................... ........,. S 140.00/hr Environmental Scientist/Planner II (Fisheries, Marine, Wetland, etc.) ............ ....... ..... .....„....,........................ ............... S 125.00/hr Environmental Scientist/Planner I (Fisheries, Marine, Wetland, etc.) ................ ...................... —..._.------------ --------- .S 115.00/hr StaffScientist III ............................. .......... -............. --- ................................................................. ...._............ -- ... --- ...... $ 105.00/hr StaffScientist II ........................................................... ................. .............. .._---- »................. .............,........................... .... S 95.00/hr StaffScientist I ......... ......... ».......................................... _............................................ —............... S 85.00/hr Arborist............................................................_...................................-. ...----- ---- ......» . ,............................ S 105.00/hr Design Manager/Landscape Designer.............................................................................................. ................... ...........S 130.00/hr GISDeveloper IL.............................................................--•-.._..........--.................._._._......_..................».................,....-._,..-.__S 125.00/hr GISDeveloper I .......................................... .... _............. .......... ............ ....... —...................... ........................................... .......... S 115.00/hr CADDeveloper IL....._..-••............................................................................... ». ...................... .........,.- ....... S 125.00/hr CADDeveloper I ................................. ..._...._._._ _........................ ..... .•......................... ........ .................... ................... .... S 115.00/hr Directorof Finance ....... ............. ---- ............................................. ......... .. ....... ........... ........ ........,..-...............--................. S 100.00/hr Directorof Operations .......................» ......__......._.......................................... .......................... ..,................ ,................ .... $ 100.00/hr Project Coordinator/Project Support...................................................................................................................................5 80.00/hr Field Technician .............. .. .. ............. ...... $ 70.00/hr Administrative Support/Courier....................................... .......................................... --- ...... --- ..................... ....... -..... $ 70.00/hr MileageReimbursement ........ ...................................... .... —.......... ........ ...-..... .. .... .....,,........... ........ ..............._.........._,.............. $ 0.96/mi DailyUse: Company Vessel............................................................................................_..........-.-....,.......................--.......,.... $ 150.00/day DailyUse: 4x4 Pickup................................................................................................................................................... $ 100.00/day DailyUse: UTV......................................................... --............. --- ............... .............................. ......................... ................... $ 250.00/day Billing rates will be subject to a regional inflation adjustment on a periodical basis. For extended contracts periods over multiple years, billing rates may be subject to multiple adjustments. Mileage reimbursement rate may be adjusted more frequently due to geopolitical and highly dynamic economic conditions outside of our control. COST ESTIMATE SUMMARY This cost estimate is based on the anticipated level of effort required to complete the Tasks above, which is founded on our experience supporting similar projects. The estimate is further based on the assumption that Consultant has timely and effective coordination and communication with the Client, Team, and all regulatory staff, and that necessary data and project details will be made available in a timely manner. This is to be a Time and Expense contract based on the billing rates and time estimates provided. Consultant will work closely with the Client and services will be billed for actual time and expenses required to effectively perform these activities up to the estimated cost of $6,285.00. Consultant will notify Client promptly if unanticipated circumstances are encountered that are liable to materially increase cost of completing the work in this contract. Should additional environmental planning, consultation services, or reporting become necessary, this budget may need to be increased with the approval of the Consultant and Client. On Behalf of Approved By: Consultant Client Soundview Consultants LLC Date Helix Design Group LLC Date Matt DeCaro, Associate Principal Soundview Consultants LLC August 8, 2022 1458.0008 — 0 & M Facility Page 2 of 2 Yf�iA''irt Soundview Consultants Environmental /assessment• Planninp Land Use Solutions 2907 Harbor6ew Duve, Gig Harbor, WA 98335 Phone: (253) 514-8952 Fax; (253) 514-8954 AGREEMENT FOR CONSULTING SERVICES Between Helix Design Group LLC and Soundview Consultants LLC O & M Facility SCOPE OF WORK Soundview Consultants LLC (Consultant) is proposing to assist Helix Design Group LLC (Client) in defusing the development opportunities on the southern approximately 28 acres of the tax parcel located at 31201 28d, Avenue South in the City of Federal Way, Washington (Ding Counts* Tax Parcel Number 092104-9026). The Client has requested Consultant to provide this scope of work and estimate to include, as currently understood, wedand delineation and habitat assessment field work and environmental planning, mapping, and project support. This scope of work does not include site survey, geotechnical analysis, preparation of formal site plans and/or assessment reports, arborist services, mitigation design, regulatory documentation, applications, or permitting. These additional items, if necessary, may be coordinated with other parties and/or authorized under tus agreement with Consultant and Client approval. Details of each initial task, as currently understood, are outlined in the following descriptions: Task 100 — Wetland Delineation and Habitat Assessment Field Work Consultant -will conduct background research andvisit the subject property to perform a delineation of wetlands and an assessment of potentially regulated fish and wildlife habitat features. Background research will include a review of information that is publicly available online such as local, state, and federal critical area inventories and historical aerial imagery, and prior critical areas reports and related approvals if provided by the Client. The wedand delineations will be performed in accordance with the U.S. Army Corps of Engineers' (USACE) Wet1walr Delineation Manual as modified by the Regional Srr#iplement to the Caps of Engineers Wetland Delbieafiw Mmstak IYleslew Motomanins, Valleys, and Coast Begiou (11sWon 2.0). Based on these manuals, onsite wedand boundaries will be determined using vegetation, soil characteristics, and hydrologic features, and then flagged using alpha -numerically labeled flagging. This task only includes the research, analysis, and field work necessary to identify and delineate onsite wetlands and drainages. Consultant will also assess sensitive fish and wildlife species presence, potential buffer extent, and potential regulatory status of such features. This task assumes the delineation and assessment of up to 2 onsite wetlands and does not include delineations of offsite wetlands or streams should they be encountered_ Consultant will complete prelinunarywetland rating evaluations to determine the anticipated wetland classification and habitat score. This task assumes the Consultant can reasonably access the entire subject property and that dense brush or other obstructions will not prevent an appropriate inspection of the entire site. Task 100 is anticipated to require approximately 26 hours of professional staff time and limited expenses, such as mileage, and will be billed for actual time required to effectively perform these activities up to a total cost of $3,800.00. Task 200 — Environmental Planning, Mapping, and Project Support Upon completion of the effort in Task 100, Consultant will create a GIS aerial map identifying wetlands, wetland boundaries, associated buffers and setbacks for planning purposes. Consultant will utilize the data collected and the City of Federal Way Code to support the Client to develop a permitting and documentation strategy for the proposed project. Such planning and support may include email correspondence, telephone Soundirlcw Consaltauts LLC July 26, 2022 Helix Design Group LLC — 0 & M Fadlity Page 1 of 7 communication, virtual meetings, and coordination. Mapping and design support will consist of preparing maps required for wetland ratings and existing conditions maps. Task 200 is currently anticipated to require approximately 26 hours of professional staff time to be billed for actual time required to effectively perform these activities up to a total cost of $3,500.00. Task 300 — Report/Documentation (To Be Determined) Assessment documentation for regulatory review of the proposed project is difficult to anticipate until the extent of critical areas, code implications, project impacts, and permitting strategies are developed and understood. Such documents can vary from simple technical memorandums to highly detailed reports, mitigation plans, et cetera. As such, estimating the budget for such technical documents, if any is required, is not considered in this scope of work but can be added to this agreement at a later time. Upon completion of the efforts in Task 100 and Task 200, the Consultant will prepare a cost estimate for the necessary documents and applications that regulatory -agencies -with jurisdiction, such as the City of Federal Way, may require as part of their review of the proposed project. TASK SUMMARY Task 100 —Wetland Delineation and Iabitat Assessment Field Work $ 3,800.00 Task 200 — Environmental planning, Mapping, and Project Support $ 3,500.00 Task 300 — Report/Documentation (To Be Determined) $ ---- Total Estimated Cost $ 7,300.00 Souadview Consultants LLC Jiily 26, 2022 Helix Design Group LLC — 0 & M Facility Page 2 of 7 STAFF BILLING AND MILEAGE RATES Soundview Consultants LLC hourly billing rates for this agreement are as follows: Principal Scientist/Envirownental Planner .............................. _.............................................. ........................................... $ 205.00/lnr AssociatePrincipal ............ ..................................................................... ................................................................... ................. $ 170.00/hr Senior Enviro[unenntal Scientist R (Fisheries, Marine, Wedand, etc.).............................................................................. $ 150,00/hr Senior Eavironunental Scientist I (Fisheries, Marine, Wetand, etc) .............................................................................. $ 145.00/hr Environmental Scientist/Planner III (Fisheries, Marine, Wetland, etc.)........................................................................ $ 140.00/hr Environtental Scientist/Planuer H (Fisheries, Marine, Wetland, etc.)......................................................................... $ 125.00/hr Environmental Scientist/Planner I (Fisheries, Marine, Wedand, etc.) ..................... .... .. $ 115.00/hr StaffScientist lII............................................................. _..................... .................................................................................... $ 105.00/hr StaffScientist I1.......................................................................................................................................................................... $ 95.00/hr StaffScientist I ................................. .................................................. .... _................................................................................... $ 85.00/hr Arbodst............... .................................................................................... _............................ ........................., ..............._......$ 105.00/hr Design Manager/Landscape Designer.......................................................... .._.................... _...... ..............»................... $ 130.00/hr GISDeveloper I1................ _....................... ............................................................................................................................. $ 125.00/hr GISDeveloper I ......................................... ........................ _..,................................................................................ .................. $ 115.00/lit CADDeveloper U...... ....... ............................. _............._..,........................................................._....................................-. $ 125.00/lnr CADDeveloper ................ _................................................. ................................................................................................... $ 115.00/lnr Directorof Finance................................................................................................................................................................... $ 100.00/hr Directorof Operations ........ .................................. _......................... ...... ......................................................... ......................... $ 100.00/hr Project Coordinator/Project Support ....... ........................................... ................................................................................. $ 80.00/hr FieldTechnician ...... ................................................. ................. ....................................... .... :........... ...................$ 70.00/hr Administrative Support/Courier .......................... _................................................................................................................. $ 70.00/hr MileageReimbursement........................................................................................................................................................... $ 0.96/nni DailyUse: Company Vessel ............... _.......................................................... _........................................................................ $ 150.00/day DailyUse: 4x4 Pickup ............................................ _................................................................................................................. $ 100.00/day DailyUse: UTV..•.................................................................................................................................................................... $ 250.00 ay ,, ?311r�r2r� � ate:= r�ekl 6r subject m :a rc�:ur::1 ust,:Elluu adiu:frnrnt nu n pt:rii,circal l:a As. Fr,s extended contracts Pedods aver rxrultiplc years, t,tr: woN, be subjcc[ is HAL1.1plri Lirlj.::;[ n; nts.---Eeagc rci:az6msement late Ln:[y be a;iju.ted more frerlucrndy clue togcopolilical arri 1cE1:1y: d}'i::unieecmnocnA z::=i:•:i;icnr>out=i:.lc of outcautroL COST ESTIMATE SUMMARY This cost estimate is based on the anticipated level of effort required to complete the Tasks above, which is founded on our experience supporting similar projects. The estimate is further based on the assumption that Consultant has timely and effective coordination and communication with the Client, Team, and allregulatory staff, and that necessary data and project details will be made available in a timely manner. This is to be a Time and Expense contract based on the billing rates and time estimates provided. Consultant will work closely with the Client and services will be billed for actual time and expenses required to effectively perform these activities up to the estimated cost of $7,300.00. Consultantwill notify Client promptlyif unanticipated circumstances are encountered that are liable to materially increase cost of completing the work in this contract. Should additional environmental planning, consultation services, or reporting become necessary, this budget may need to be increased with the approval of the Consultant and Client. T'hc sigtlattue page for this consulting agreement ca n lie I' and in the agreement seclioln. Soundview Consultants LLC July 26, 2022 Helix Design Group I -LC — 0 & M Facility Page 3 of 7 AGREEMENT FOR CONSULTING SERVICES This Agreement is made by and between Helix Design Group LLC (hereinafter referred to as "Client"), and Soundview Consultants LLC (hereinafter referred to as "Consultant"). 1.0 TERA OF CONTRACT This Agreement shall be deemed to be in full force and effect from July 26, 2022 to completion of the Work, or termination pursuant to terms of this Agreement. 2.0 S nP r OF 1X o Consultant will provide professional consulting services to Client by performing the Scope of Work as described in this Agreement ("Work"). 3.0 CO TgOL OF WORD AND COMPENSATION The Consultant will perform the Work itecmized in the Scope of Work. Client shall pay Consultant for services rendered on a Time and Expense basis. Fees for Services will be based on actual hours spent on this project at the hourly billing rate of the person performing the services. Expenses that are not included in the hourly billing rate include telephone, travel expenses, photocopying, fax charges, and other direct expenses incurred by Consultant authorized by the designated representative of Client. Current Washington State travel regulations and rates shall apply to all in -state and out-of-state travel for which reimbursement is claimed during the term of the Agreement. Client will be charged mileage based on the actual distance the person(s) performing the services must drive whether they are based in the Seattle or Gig Harbor office. Expenses billed will be increased by ten (10) percent and/or a minimum processing fee. 4.0 PAYMENT Invoices will be submitted to the Client monthly and are payable by the due date shown on the invoice. A late charge of 2.0% per month will accrue on any amounts not paid within 30 days of due date. P.T.' Brits will f t:Gr he Irplied ag 2inst Outst"adding service charges, then against unpaid invoice amounts. If cBent rails to nialic any payniecit wlieli duc, all work may immediately stop at Consultant's discretion, and all work shall not resume until all unpaid balances are paid in full. Payments may be made by ACH (check by phone), debit/credit card by phone, check by mail, EFT and. -wire transfer. Please note that ACH payments are free, however a service fee of 2.9% will be iticnrred for credit card payments and wire transfers will. incur a fee of $12.50 per transaction. 5.0 SUBCONTRACTLNG With permission of Client, Consultant may subcontract or assign portions of the services. Services performed by subcontractors will be billed to Client by Consultant at actual cost, plus ten (10) percent. The costs of subcontracting shall be included within the maximum estimated fees and costs for Consultant's services. 6.0 INDFPENDF-NT CON TRf (MM51_'61"US Nothing in the Agreement shall construe Consultant or any of its employees or agents to be Client employees, agents, or rel)resentatives. Or1s4il`:,;nI sl-,;ll lice ,111 _Iidepc:.zkir., u. , 5 ,: ` C! :, ; ! :l:all have responsibility for and co u-ol over the dc,t161; :-i rid I II tll pc'.l i �' i 1 ­ yr I Ili ill Consultant shall be subject to the directions of Cliei.it only Nvi0, rr •<- r; , !: • , , i tilt: and the general results required. 7.0 '_rFJ n T[m_! TII In the absence of -written notice, this Agreement will be terminated at the Client's option upon comp'.: io n of 0 is Work. Thus Agreement may be terminated at any time by Client upon written notice to tlic consultant. In the event of such termination by Client, Client shall pay to Consultant the following: soundvieuw Consultants LLC ,Duty 26, 2022 Help Design Group LLC — 0 & M Facility Page 4 of 7 7.1 All costs of Work performed to the date of termination; 7.2 All other direct costs ordered for purposes of the Work whose preparation and delivery cannot be halted; 7.3 All items in 7.1 and 7.2 above incurred by any of Consultant's subcontractors that have been approved according to the provisions of Section 3.0. 8.0 RIG 11 OF INSPECTION AND AUDIT Client or its agents shall at all times during the course of the work have reasonable access to inspect and to audit all pertinent Consultant records and accounts. Consultant will retain all books, records, documents and other materials relevant to this Agreement for not less than three years after completion of the work and Client or its agent shall have full access and the right to inspect and examine any of the said materials during normal work hours. 9.0 During the performance of this Agreement, Consultant shall comply with Federal and State nondiscrimination statutes and regulations. 10.0 LEGAL RELATIO Each party to this Agreement shall only be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, subcontractors, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. 11.0 DISPUTESAND REMEDIES Any remedy provided for breach of the Agreement shall not be deemed exclusive, and Client and Consultant have such other remedies as may be available at law or in equity. Each party to this Agreement will make a good faith effort to first resolve any dispute without resorting to litigation. If a dispute cannot be resolved between parties, then suit must be filed in Pierce County Superior Court and decided according to Mandatory Arbitration Rules of Pierce County provided that the claim does not exceed the mandatory arbitration dollar limit. Each party hereby expressly waives a jury trial and waives all claims that could be asserted by a representative, private attorney general, member of a class or in any other representative capacity. The arbitrator shall have authority determine the amount, validity, and enforceability of a lien as well as claim for damages. The arbitrator's award shall be final and binding, and both parties each waive their right to file any appeal for a trial de novo, thus assuring cost effective finality of any decision rendered. 12.0 WAIVER No waiver by Client or Consultant of any breach by Consultant or Client of any provision hereof shall have any force or effect unless in writing, nor shall any waiver by a party hereto of any breach be construed as a waiver of any other future default or breach of tlne same provision or any other provision. 13.0 MISCELLALSEQUS 13.1 No Assignment. Consultant shall not assign their rights or obligations under this Agreement without the prior written agreement of Client. 13.2 Ownership of Documents. All documents, records, and reports generated as a result of the Scope of Work described in this Agreement shall become the property of Client upon termination of this Agreement for any reason, provided all payments for services have been made in full. 13.3 Disputes. In the event of a dispute under this Agreement, the prevailing party in any dispute would be entitled to an award of its reasonable attorney fees and costs. In the case of any action, venue will be in Pierce County. All disputes will be resolved by binding arbitration using the rules of arbitration developed by the local rules for Pierce County Court. 13.4 Identification and Marketing. At all tithes Client will identify Consultant in a positive manner to all parties related or unrelated to this project. Consultant may install one sign of normal Soundviev, Consultants LLC JWy26, 2022 Helix Design Gioup LLC — 0 & INI Facility Page 5 of 7 and reasonable size at the project worksite during the course of work. Consultant may use work performed under this Agreement in subsequent marketing efforts. 13.5 Non -Disclosure. All elements of this agreement including all contents, facts, procedures, and cost estimates incorporated within or attached as exhibits, addendums, change orders, or associated correspondence are considered intellectual property and may not be shared with other parties capable of conducting the same services outlined within this agreement without the written consent of both Consultant and Client. 13.6 All work prepared under this agreement is subject to regulators review and acceptance; therefore, all recommended mitigation actions, determinations, jurisdictional boundaries, limits, and/or thresholds (including acceptance of recommendations of wedand boundaries, categorizations, and determinations of regulatory authority and/or effects) are subject to final determination by regulatory agencies. I"., ,rt:.?tl:t:t1-rvr5t�w�--t��1=.:':,:_r.�u��}�.... .;:ft•.'_Y'tl:7f�rl-�?(. E�, ,�t.l�l{� - . _...... ... y� u,,,>t etr + .,•..Y ;[ I,,t:, :;:t'.." ' ..?t,..,' � ... , zlc t:srr�ert-t�E:�--r�;:ttle�r�d--rr��itr-fir:-•?�greet�e:i-F-1�4;�rtat� 13.8 A Notice To Owner is provided as an addendum to this agreement outlining the Consultant's right to lien the subject property for any non-payment for services rendered. All costs incurred generating and enforcing liens for non-payment, including all legal fees, will be paid by the Client to the Consultant. 13.9 The undersigned authorizes die above requested services. Consultant may write descriptions and take photographs of dus project and reserves the right to use those project descriptions and photographs to produce printed and online communication material used in internal and external marketing. 14.0 NOTICE Any official notice that either party hereto desires to give the other shall be deemed delivered upon deposit thereof in the United States mail by certified mail, return receipt requested, with postage thereon fully prepaid, addressed as follows: To Client: Helix Design Group LLC 6021 12th St E, Suite 201, Tacoma, WA 98424 To Consultant: Sound -view Consultants LLC Matt DeCaro, Associate Principal 2907 Harborview Drive Gig Harbor, WA 98335 15.0 ENTIRE ,&GREEMENT The terms and provisions of the Agreement constitute the entire Agreement between the parties and supersede all previous communications, negotiations, proposals, representations, conditions, warranties or agreements, either oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be enlarged, modified, or altered except in writing, signed by duly authorized officers or representative of the parties. On Behalf of Consultant Soundview Consultants LLC Matt DeCaro, Associate Principal Soundvim Consultants LLC Helix Design Group LLC — 0 & INi Facility Appzoved By: Client r. O ? / Date I-ICA Design Gro p LLC Date July 26, 2022 Pege 6 of 7 NOTICE TO OWNER IMPORTANT: READ THIS NOTICE CAREFULLY. PROTECT YOURSELF FROM PAYING TWICE Date: July 26, 2022 To: Helix Design Group LLC 6021 12dh St E, Suite 201, Tacoma, WA 98424 From: Soundview= Consultants LLC AT THE REQUEST OF: Matt DopCarro llssaclale Ptrudpa! THIS IS NOT A LIEN: Thus notice is sent to you to tell you who is providing professional services, materials, or equipment forthe irt►prnvetmernt of }=our l l•. + r , to advise you of the rights of these persons and your responsibilities. AIso take note that laborers on your project may ch r ? rout sendim� )rou a notice. OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY Under Washington law, those who banish labor, professional services, materials, or equipment for die repair, remodel, or alteration of your owner -occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. The la-,v limits the amount that a lien claunarht can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice Nvas mailed to you. Review the back of this notice for more information and ways to avoid lien claims. COP,ME tCIAL AND/OR NEW RESIDENTIAL PROPERTY We have or will be providing professional services, materials, or ec,;, i i ,r i ,:: rrt for d :, _:t?_uvement of your' commercial or new residential t In the event you or "Our con-- —%r fails tr rzwnst ),our, property. Alien may be tlaimed for all v usl rrr+icrs, nnntcr :., or eq a rt fir,,:, 1:: c .:f. _ + J,:;;•.' I,::r c e ::r r rl ,ys before this i mtice was given to you or rrmiled to : n your t 1 .:.„ 1 oily rrudence, then ten days before this notice was given to you or mailed to you. Sender: Soundview Consult uits LLC, (253) 514-8952 2907 Harborview Drive, Gig Harbor, WA 98335 R IPORTANT INFORMATION FOR YOUR PROTECTION This notice is sent to inform you that we have or will provide professional services, materials, or equipment for die improvement of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to cnforce our claim by filing a construction Gun against your property. LEARN more about the lien laws and the meaning of this notice by discussing them with your contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney. COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following :ire two of the more commonly used methods: DUAL PAYCHECIC.S (joint Checks): When paying your contractor for services or materials, you may retake checks payable jointly to tine contractor and the firms furnishing you this notice. LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid diem, you may use die dual payee check method to protect yourself. YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS. YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASI{ THEM FOR IT, Soundview Consultants LLC July 26, 2022 Helix Design Group LLC — 0 & M Facility Page 7 of 7 Attachment 'H' EXHIBIT A SERVICES KPG Psomas Inc. OPERATIONS AND MAINTENANCE PREFERRED SITE SURVEY SERVICES Scope of Services General services shall include, but not be limited to the following: • Horizontal control: Washington State Plane Coordinates (North Zone expressed in US Survey feet) • Vertical control: North American Vertical Datum of 1988 (NAVD-88) • Provide topographical mapping per the instructions and specifications of the City of Federal Way. Limits, Length/width: o Full topo along South 3120' Street and 280' Avenue South for a total of approximately 2,000 feet with lateral limits to the existing right of way on each side. Survey shall extend approximately 100' west of the parcel on S 312' Street; 100' north of S 312' Street on 28' Avenue S; and 100' south of the parcel on 28' Avenue S. o Site topographic survey of 12 acres on the east half of Steel Lake Park, excluding the soccer field and historical society building. o On the west half of property, pick up wetland flags (set by others) in the areas closest to the O&M facility as well as grinder pump force main from historical society building. • Topographical mapping shall include:. 1. Provide a complete base and topographic detail within the project limits. Minimum detail required within the limits of the topographic survey includes, but is not limited to: • Centerline of all paved, gravel, and dirt roads, delineated. • Edges of all pavements. • All driveways. • Curbing (top and bottom), and description of surfaces. Face of Curb at top and at flow line every five -feet within the return area at intersection corners. ® Sidewalks (each edge) ramps. Ditch lines. • Corners and faces of all buildings and structures (include height and material type). • Roof overhangs, awnings. • Walls, fences, and railings. Ground profile at existing retaining wall footings. • Utility poles, including pole numbers, and overhead wires (indicate if pole is lighted and underground utilities). • Utility manholes, storm, and sanitary, including size and type (e.g., SMH or DMH). ■ Catch basins with rim, inverts, type and size. Perform observation and measure -downs of existing storm drain catch basins and manholes including bottom of structure. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of storm drainage pipes will be documented. These observations will be made from the surface. • Stormwater treatment, detention facilities, and storm drainage. • Luminaire poles. • Signals, mast arms, and loop detectors. • Hydrants, water valves, and pipes (including size and material). • Abutting property owner, name, lot number, deed and page, and address. • Edges of water courses and wet areas. • Signs (including legend). • Property right of way bounds and sources. • Trees of significant circumference, brush lines, landscaped areas and single/grouped ornamental plantings. • Direction of river flow. • Utility mapping, including: o Coordinating with a locate company to paint all utility locations within the project corridor so that they can be surveyed in work element. • Any other significant fixed ground features. • Calculate boundary and road rights of way from surveyed monuments and published survey information. 2. Elevations shall be shown to be to the nearest .01 feet, except for non -paved ground, which shall be to the nearest 0.1 feet. 3. Provide minimum two (2) benchmarks and sufficient control points tied to City control, as practical. 4. Provide a document that lists information for each permanent existing control point used or new permanent control point set for the survey. Include horizontal coordinates (Northing & Easting), Vertical Elevation, Type (brass disk, nail, etc.), and a brief description of location. 5. Locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Other Monuments shown or found as indicated on survey records. 6. Provide a copy of the field survey book pages used to generate all electronic files. 7. Provide the following AutoCAD deliverables in Imperial units: • A hardcopy of the survey drawing, signed and stamped by a land surveyor licensed in the State of Washington. • The .DWG file submitted shall be AutoCAD 2022 or earlier format, showing all existing detail within the proposed survey limits, appropriately labeled. Note: all items within the drawing must be identifiable by annotation or layer association. • The .DWG file submitted shall contain all the graphic items associated with generating the topography including the software -generated contours, 3D triangulation faces, fault/break lines and point blocks. The drawing file shall contain all three dimensional information and fault lines in order to ensure that the City of Federal Way can reproduce electronically the 3-D contours without additional effort. ■ Points File. Submit an ASCII file in the following format, or similar: "Point Number, Northing, Easting, Elevation, Description". The point number must be numeric; alpha characters are not accepted by our design software. • A list of survey description labels used in the point file data if applicable. • If the survey firm uses AutoDesk Digital Terrain Model (DTM) software, the terrain model files used to create the contours shall be provided. These files have extensions of .TIN, .PNT, .DAT, .FLT and are found in the project SDSK directory. • Submit plan and above mentioned associated data files in an electronic format. 8. All layers, blocks, test styles, point styles, and line types shall meet KPG Psomas standards. Mapping work to prepare 1" = 20' topographic base map and DTM in AutoCAD format of the project within the limits described above. The base map will include surface features within the mapping area as describe above. One -foot contours will be generated from the DTM. EXHIBIT D SURVEYING SERVICES Client: City of Federal Way Project: OPERATIONS AND MAINTENANCE PREFERRED SITE KPG Psomas PROJECT NUMBER: 19123W20 DATE: Julv.2022 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task 7.. G °i tM c e Ld. L' Cr >3: ; C 0 a m s _ p �+ a a " � w ,� G 251 249 196 164 137 Hours Fee Task 1 - Survey, Mapping, and Existing Right of Way 1.1 Establish Horizontal and Vertical Control 2 12 4 18 $ 4,146.00 1.2 Field Survev (1750'+12.5 AC) 3 10 48 61 $ 12,651.00 1.3 Prepare Tono and DTM 3 60 63 $ 8,973.00 1.4 Locate utility paint marks 8 1 9 $ 1.732.00 1.5 CB and MH measure downs 8 8 $ 1,992.00 1.6 Coordinate field utilitv locates 1 2 3 $ 579.00 1.7 Calculate boundary and right of way 1 10 11 $ 1,891.00 Task Total 10 30 56 17 60 173 $ 31,964.00 Total Labor Hours and. Fee 10 30 66 17 60 1 173 $ 31,964.00 Subconsultants Utility Locatinq $ 4.000.00 Subtotall $ 4.000.00 Total Subconsultant Expense $ 4,000.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 200.00 Total Reimbursable Expense $ 200.00 Total Estimated Budget $ 36,164.00 KPG Psomas Inc. Summary of Negotiated Costs Effective July 20, 2022 through June 20, 2023 Classification 2022 Inclusive Rate (Rounded to $1) Survey Manager 251 Survey Crew II (W/Equip) 249 Survey Crew I (W/Equip) 196 Project Surveyor 164 Senior Field Surveyor 136 Field Surveyor 124 Senior Survey Technician 137 Survey Technician 112 Survey Assistant 92 Subs billed at cost plus 5%. Reimbursables billed at actual costs. Mileage billed at the current approved IRS mileage rate. Attachment 'I' MMIGIZI11i(1M(1GRUp August 12, 2022 Helix Design Group, Inc. 6021 12th St E, #201 Tacoma, WA 98424 MIGIZI GROUP, INC. PO Box 44840 PHONE (253) 537-9400 Tacoma, Washington 98448 FAX (253) 537-9401 Attention: Erik Prestegaard Subject: Proposal for Geotechnical Engineering Services Proposed Federal Way — Steel Lake Park Operations & Maintenance Facility 2410 S 3121h St Federal Way, WA 98003 Parcel No. 092104-9026 MGI Proposal Z0390 Dear Mr. Prestegaard: Migizi Group, Inc. (MGI) is pleased to submit this proposal to conduct a geotechnical engineering evaluation for the proposed City of Federal Way — Steel Lake Park Operations and Maintenance Facility to be located at 2410 S 3121h Street in Federal Way, WA. This proposal is based on a feasibility study provided by you, email discussions, and our knowledge of subsurface conditions in the site area. SITE AND PROJECT DESCRIPTION We understand that the City of Federal Way is looking for geotechnical recommendations for several proposed operations and maintenance facilities buildings which may be located at the current Steel Lake Park site. The site is currently developed as a public city park with several paved parking areas and drive lanes, grassy landscaped areas, two baseball diamonds, a mixed - use play field, and a concrete skate park. In addition, the western half of the property is undeveloped and serves as a dense forested natural area. Based on the supplied feasibility study, we understand that the mixed -use field will remain while some paved parking stalls may remain or be relocated elsewhere onsite, but the two baseball fields and the skate part may be removed or relocated. Surface topography appears to slope down gently to the west, falling approximately 45 feet from the eastern property line down into the forested area onsite. The feasibility study shows potential future construction of several new wood- or steel -supported buildings which may be constructed at or near existing grade, with a redesign of the current paved parking areas and drive lanes, and installation of new utilities to support the site facilities. Page 1 of 4 Helix Design Group, Inc. - Proposed Federal Way Steel Lake Park O&M Facility August 12, 2022 Proposal for Geotechnical Engineering Services Z0390 SCOPE OF SERVICES In order to provide geotechnical recommendations for the proposed development, subsurface information is needed within the project area. Accordingly, we propose to advance three (3) geotechnical borings using a truck -mounted drill rig under subcontract to MGI. As the city is primarily looking for foundation support for building, specifically for designs which will support heavy lifting within maintenance shop buildings, we will advance all borings to a depth of 20 feet below the existing ground surface. MGI will provide geotechnical personnel for this project based out of our office in Tacoma, WA. We anticipate that our services will include field explorations, geologic and geotechnical research, laboratory analysis, and the preparation of a geotechnical design report. A comprehensive hydrogeological study is NOT included in this scope of services. f rr Irj=z_ ;r ri rar +tic 1r: Before drilling, we will request the one -call utility locating service to mark any underground utilities on the site. Current one -call regulations require that the site be marked with white paint before utilities will be located, so a preliminary site visit to mark the site will be necessary. One -call only marks public utilities up to the utility metering device and does not mark private utilities, so a private utility locator will also be retained to clear the boring locations on site. Upon arrival at the site, we assume that the equipment and crew will be given ready access to the work locations and that any necessary permits or rights -of -entry will have been obtained in advance by the client. This will include appropriate notification to the current occupants, etc. During our field explorations, we will limit disruption of ongoing activities at the site. Site Restoration: We will exercise due care while working at the site, but it should be realized that some surface disturbance is unavoidable. Such disturbance could include rutting, bare spots, slight subsidence, and/or soft areas. Drill cuttings will be placed in steel drums and removed from the site, and pavement will be cold patched which is covered in the general servicers of the drilling contractor. Although we perform general clean-up and restoration tasks before leaving the site, complete restoration of these disturbed areas and/or repaving is not included in our scope of services. Note that the proposed budget DOES NOT include landing mats, special protection measures, or restoration if the borings are relocated to more sensitive areas of the park. GEOTECHNICAL REPORT PREPARATION After analyzing the site conditions, we will prepare a Geotechnical Report for the project. Our report will include the following specific items: • Site plan showing approximate exploration locations on a base map supplied to us, • Descriptive logs of our subsurface explorations, • Description of surface, soil, groundwater, and seismic conditions, • Conclusions regarding suitable types of foundations, including design recommendations, • General design recommendations for slab -on -grade floors, Migizi Group, Inc. Page 2 of 4 Helix Design Group, Inc. - Proposed Federal Way Steel Lake Park O&M Facility August 12, 2022 Proposal for Geotechnical Engineering Services Z0390 • Geotechnical recommendations for design of subgrade and retaining walls, and temporary shoring, as appropriate, • Recommendations for actions in areas of unsuitable soils, if any, • Recommendations for asphalt pavement, • Conclusions regarding the reuse of onsite soils for structural fill, • Conclusions regarding onsite liquefaction potential, • Recommended seismic design parameters, including IBC soil profile type, • Recommendations for site preparation, • Recommendations concerning temporary and permanent drainage systems, • Recommendations for construction monitoring, • Explanation of report limitations, • Recommendations for further geotechnical study, if warranted, and TIME AND COST ESTIMATE We expect that our field explorations can be performed within two to four weeks after your authorization to proceed, depending upon equipment availability. Our written report will be available about four weeks after completion of our field work. We can provide preliminary design data to you or the design team members prior to issuance of our final report as it becomes available. Our services will be performed on a Time and Materials (T&M) basis, for an estimated cost of $11,950. Our services will be in accordance with the terms described in the attached Professional Services Terms and Conditions based on using the rates in the attached Schedule of Charges. If adverse conditions arise during our evaluation, we will inform you as soon as possible and will perform no work beyond the authorized scope without your approval. Post -report services, such as plan reviews, response to City of Federal Way comments, meetings, supplemental analyses, or construction monitoring, would be billed on T&M basis and are not included in the original estimate. ITEM SCOPE OF SERVICES COST ESTIMATE 1 Drilling Contractor (3 borings @ 20 ft del2th each) $5,200 2 Mark Site for One -Call $ 500 3 Private Utility Locator $ 500 4 Field Engineering, Travel Time, Mileage (MGI Geologist) $1,400 5 Laboratory Testing $ 600 6 Geotechnical Report with Engineering Analyses and Review $3,750 TOTAL COST ESTIMATE $11,950 We recommend that this estimate be used as a budget figure. Our total charges will depend, of course, on the actual amount of field and office labor necessary. We will advise you if our total Migizi Group, Inc. Page 3 of 4 Helix Design Group, Inc. — Proposed Federal Way Steel Lake Park O&M Facility Proposal for Geotechnical Engineering Services August 12, 2022 Z0390 charges reach 90 percent of the fee estimate before completion of our engineering activities. At that time, we will review job progress and advise you of any appropriate modification to the budget. CLOSURE If this scope of work and budget estimate meets with your approval, please sign and return a copy of this proposal or you may issue your standard purchase order as authorization to proceed. MGI appreciates the opportunity to provide these services to you. If you have any questions concerning this proposal, please feel free to contact the undersigned. Respectfully submitted, MIGIZI GROUP, INC. Z11 V. �'- i�� Randall V. Conger -Best, L.G. Senior Staff Geologist C es E. Brigham, P.E. enior Principal Engineer Authorized by, Helix Design Group, Inc. Signature and Date Printed Name and Title Attachments: Professional Services Terms and Conditions Schedule of Charges Migizi Group, Inc. Page 4 of 4 PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 1 of 2 The following Terms and Conditions are attached to and form part of the Proposal for Professional Services to be performed by MIGIZI and together, when the CLIENT authorizes MIGIZI to proceed with the services, constitute the AGREEMENT. DESCRIPTION OF WORK: MIGIZI shall renderthe services described in the Proposal (hereinafter called the "SERVICES") to the CLIENT. TERMS AND CONDITIONS: No terms, conditions, understandings, or agreements purporting to modify or vary these Terms and Conditions shall be binding unless hereafter made in writing and signed by the CLIENT and MIGIZI. In the event of any conflict between the Proposal and these Terms and Conditions, these Terms and Conditions shall take precedence. This AGREEMENT supersedes all previous agreements, arrangements or understandings between the parties whether written or oral in connection with or incidental to the PROJECT COMPENSATION: Payment is due to MIGIZI upon receipt of invoice. Failure to make any payment when due is a material breach of this AGREEMENT and will entitle MIGIZI, at its option, to suspend or terminate this AGREEMENT and the provision of the SERVICES. Interest will accrue on accounts overdue by 30 days at the maximum legal rate of interest. Unless otherwise noted, the fees in this agreement do not include any value added, sales, or other taxes that may be applied by Government on fees for services. Such taxes will be added to all invoices as required. NOTICES: Each party shall designate a representative who is authorized to act on behalf of that party. All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party. TERMINATION: Either party may terminate the AGREEMENT without cause upon thirty (30) days' notice in writing. If either party breaches the AGREEMENT and fails to remedy such breach within seven (7) days of notice to do so by the non -defaulting party, the non -defaulting parry may immediately terminate the Agreement. Non-payment by the CLIENT of MIGIZI's invoices within 30 days of MIGIZI rendering same is agreed to constitute a material breach and, upon written notice as prescribed above, the duties, obligations and responsibilities of MIGIZI are terminated. On termination by either party, the CLIENT shall forthwith pay MIGIZI all fees and charges for the SERVICES provided to the effective date of termination. ENVIRONMENTAL: Except as specifically described in this AGREEMENT, MIGIZI's field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. Where the SERVICES include storm water pollution prevention (SWPP), sedimentation or erosion control plans, specifications, procedures or related construction observation or administrative field functions, CLIENT acknowledges that such SERVICES proposed or performed by MIGIZI are not guaranteed to provide complete SWPP, sedimentation or erosion control, capture all run off or siltation, that any physical works are to be constructed and maintained by the CLIENT's contractor or others and that MIGIZI has no control over the ultimate effectiveness of any such works or procedures. Except to the extent that there were errors or omissions in the SERVICES provided by MIGIZI, CLIENT agrees to indemnify and hold MIGIZI harmless from and against all claims, costs, liabilities or damages whatsoever arising from any storm water pollution, erosion, sedimentation, or discharge of silt or other deleterious substances into any waterway, wetland or woodland and any resulting charges, fines, legal action, cleanup or related costs. PROFESSIONAL RESPONSIBILITY: In performing the SERVICES, MIGIZI will provide and exercise the standard of care, skill and diligence required by customarily accepted professional practices normally provided in the performance of the SERVICES at the time and the location in which the SERVICES were performed. LIMITATION OF LIABILITY: The CLIENT releases MIGIZI from any liability and agrees to defend, indemnify and hold MIGIZI harmless from any and all claims, damages, losses, and/or expenses, direct and indirect, or consequential damages, including but not limited to attorney's fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the performance of the SERVICES, excepting liability arising from the sole negligence of MIGIZI. It is further agreed that the total amount of all claims the CLIENT may have against MIGIZI under this AGREEMENT, including but not limited to claims for negligence, negligent misrepresentation and/or breach of contract, shall be strictly limited to the lesser of professional fees paid to MIGIZI for the SERVICES or fifty thousand dollars. No claim may be brought against MIGIZI more than two (2) years after the cause of action arose. As the CLIENT's sole and exclusive remedy under this AGREEMENT any claim, demand or suit shall be directed and/or asserted only against MIGIZI and not against any of MIGIZI's employees, officers or directors. MIGIZI's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out of the SERVICES and MIGIZI shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the CLIENT, including but not limited to claims for loss of use, loss of profits and/or loss of markets. INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold substances that can present health hazards and result in bodily injury, property damage and/or necessary remedial measures. If, during performance of the SERVICES, MIGIZI knowingly encounters any such substances, MIGIZI shall notify the CLIENT and, without liability for consequential or any other damages, suspend performance of services until the CLIENT retains a qualified specialist to abate and/or remove the mold substances. The CLIENT agrees to release and waive all claims, including consequential damages, against MIGIZI, its subconsultants and their officers, directors and employees arising from or in any way connected with the existence of mold on or about the project site whether during or after completion of the SERVICES. The CLIENT further agrees to indemnify and hold MIGIZI harmless from and against all claims, costs, liabilities and damages, including reasonable attorneys' fees and costs, arising in any way from the existence of mold on the project site whether during or after completion of the SERVICES, except for those claims, liabilities, costs or damages caused by the sole gross negligence and/or knowing or willful misconduct of MIGIZI. MIGIZI and the CLIENT waive all rights against each other for mold damages to the extent that such damages sustained by either party are covered by insurance. 15MAR2016 PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 2 of 2 DOCUMENTS: All of the documents prepared by or on behalf MIGIZI in connection with the PROJECT are instruments of service for the execution of the PROJECT. MIGIZI retains the property and copyright in these documents, whether the PROJECT is executed or not. These documents may not be used for any other purpose without the prior written consent of MIGIZI. In the event MIGIZI's documents are subsequently reused or modified in any material respect without the prior consent of MIGIZI, the CLIENT agrees to defend, hold harmless and indemnify MIGIZI from any claims advanced on account of said reuse or modification. MIGIZI cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format ("Electronic Files"). CLIENT shall release, indemnify and hold MIGIZI, its officers, employees, consultants and agents harmless from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals, remain the properties of MIGIZI, are not to be used for any purpose other than that for which they were transmitted, and are not to be retransmitted to a third party without MIGIZI's written consent. FIELD SERVICES: MIGIZI shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with work on the PROJECT, and shall not be responsible for any contractor's failure to carry out the work in accordance with the contract documents. MIGIZI shall not be responsible for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECT. GOVERNING LAW/COMPLIANCE WITH LAWS: The AGREEMENT shall be governed, construed and enforced in accordance with the laws of the jurisdiction of the State of Washington and venue for any action to enforce this AGREEMENT, shall at MIGIZI's sole discretion, lie in King County, Washington. ATTORNEYS FEES AND COSTS: In any action to enforce this AGREEMENT, the prevailing party shall be entitled to recover and be awarded its legal fees and costs, including fees and costs incurred in any bankruptcy and/or arbitration proceedings, as well as any and all post -judgement enforcement decisions. ASSIGNMENT: The CLIENT and MIGIZI shall not, without the prior written consent of the other party, assign the benefit or in any way transfer the obligations under these Terms and Conditions or any part hereof. SEVERABILITY: If any term, condition or covenant of the AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the AGREEMENT shall be binding on the CLIENT and MIGIZI. 15MAR2016 MIGIZI GROUP, INC. =Boma Post Office Box 44840 PHONE (253) 537-9400 Tacoma, Washington 98448 FAX (253) 537-9401 Schedule of Charges CHARGES Charges for services provided by Migizi Group, Inc. (MGI) are determined by the hourly rates listed below. Unless other arrangements have been made, charges for all work will be based on MGI's Professional Services Terms and Conditions and conducted in accordance with the Proposal for Professional Services. Standard Rates* Design En ineer III Design Engineer II Senior Principal Engineer/Scientist / Design Engineer I Principal Engineer/Scientist Associate Engineer/Geologist/Scientist Senior Project Engineer/Geologist/Scientist Project Engineer/Geologist/Scientist Senior Staff Engineer/Geologist/Scientist Staff EIT/Geologist/Scientist Junior Staff EIT/Geologist/Scientist Senior Technician / CAD Technician Staff Technician / Word Processor Project Assistant Other Direct Charges Automobile Mileage Expenses** $225.00 / Hour $200.00 / Hour $180.00 / Hour $160.00 / Hour $150.00 / Hour $140.00 / Hour $125.00 / Hour $115.00 / Hour $105.00 / Hour $95.00 / Hour $85.00 / Hour $75.00 / Hour $75.00 / Hour $0.75 / Mile Cost plus 15% * A 30% surcharge is applied to all expert witness, under oath, and claim support services. **Other charges for services such as but not limited to, shipping, subsistence, transportation, delivery services, printing and reproduction, miscellaneous supplies, rentals, professional services and contract labor and laboratory services. PAYMENT ADDRESS: Migizi Schedule of Charges (14JUL2022) Migizi Group, Inc. Attn: Accounts Payable Post Office Box 44840 Tacoma, Washington 98448 Phone: 253-537-9400 Fax: 253-537-9401 Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) .F 08/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Liberty Mutual Insurance _Ou No- .�W; 800-962-7132 ,AffC N,: 800-845-3666 r'Mn"L Busi'nessService@LibertyMutual.com Libert PO Box 188065 &M IL @ Y INSURER(S) AFFORDING COVERAGE NAIC# Fairfield OH 45018 INSURER A: West American Insurance Company 44393 INSURED INSURER B : The Ohio Casualty Insurance Company 24074 Helix Design Group INSURER C : 6021 12th St E 201 INSURER D : INSURER E : _ Tacoma WA 98424 INSURERF: Cf1V1=RArFS CFRTIFICATF MIIMRPR• 0067506802 RFVIRII7N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL S BR WVD POLICY NUMBER PLi�]DY ErF POLICY EXP MM;DD1vvYY (MMrDD/YYYY) I LIMITS X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I —XI OCCUR x Businessowners X BZW58046138 09/25/2021 09/25/2022 EACH OCCURRENCE S 2,000,000 DAMAGE TO R PREMISES Eaoccurrence. S 2,000,000 MED EXP (Any one person) S 15,000 A PERSONAL & ADV INJURY S 2,000,000 'L AGGREGATE LIMIT APPLIES PER: FPOLICY a PEA 6 " I LOC i OTHER: GENERALAGGREGATE S 4,000,000 PRODUCTS -COMP/OPAGG $ 4,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY x AUTOS ONLY BZW58046138 09/25/2021 09/25/2022 COMBINED SINGLE LIMIT M.accident g 2,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE t er accident $ $ B X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE X X US058046138 09/25/2021 09/25/2022 EACH OCCURRENCE $ 2,000,000 M AGGREGATE S 2,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFIN FI ERMEMB REXCLUDED?ECUTIVE Y❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA BZW58046138 - Stop Gap 09/25/2021 09/25/20221E.L.EACHAccIDENr PER OTH- STATUTE ER $ 2,000,000 E.L. DISEASE - EA EMPLOYE S 2,000.000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *Project: New Public Works Compound (Site #2). City of Federal Way is Additional Insured if required by written contract or written agreement, subject to Businessowners' Liability Extension Blanket Additional Insured Provision. CERTIFICATE HOLDER 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 Ave. S. I ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way WA 98003 AUTHORIZED REPRESENTATIVE Curtis Luken @ 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.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the 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 D.4. 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.1. 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; s e. An elevator maintenance agreement; f. 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 JPABALA' ,4coRO CERTIFICATE OF LIABILITY INSURANCE DATE 12512DIY s2s/zoz2 z 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 NAME: Seattle-Alliant Insurance Services, Inc. PHONE FAX 1420 Fifth Ave 15th Floor (Arc. Nu E■Il: (206) 204-9140 )Arc, No):(206) 204-9205 Seattle, WA 98101 E-MAIL AFFORDING I asualty C INSURED Helix Design Group, Inc. 6021 12th St East #201 Tacoma, WA 98424 20443 _...._ _........ . 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. NSR IADDLISUSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE rtINAD , wVG.. POLICY NUMBER M LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE tJ OCCUR L AGGREGATE LIMIT APPLIES PER: POLICY I P LOC AUTOMOBILE LIABILITY fEz accident) 5 ANY AUTO BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AU❑❑TOSSW BODILY INJURY (Per acciden S AUTLLS ONLY ARDS ON DY NR 4 17 -I_lS S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE S DED I I RETENTIONS 5 WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN TATUT ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E L EACH ACCIDENT $ FFI-- F: VX 7,MBER EXCLUDED? N I A (Mandatory m NH) EL DISEASE - EA. EMPLOYEE S If yes, describe under - - I_ DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT S A Prof/Pollution Liab AEH591932169 8/1/2022 8/1/2023 Each/Aggregate 2,000,000 A Prof/Pollution Liab AEH591932169 8/1/2022 8/1/2023 �Ded Each Claim 75,000 II — DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: New Public Works Compound (Site #2) City of Federal Way 33325-8th Ave S Federal Way, WA 98003 CANCEL[-ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 8/17/22, 8:19 AM Washington State Department of Revenue < Business Lookup License Information: Entity name: HELIX DESIGN GROUP, INC. Business name: HELIX DESIGN GROUP, INC. Entity type: Profit Corporation LIBI #: 602-622-111 Business ID: 001 Location ID: 0001 Location: Active Location address: Mailing address: 6021 12TH ST E STE 201 FIFE WA 98424-1376 6021 12TH ST E STE 201 FIFE WA 98424-1376 Excise tax and reseller permit status: Secretary of State status: Endorsements Endorsements held at this loc License # Architect Firm 367 Federal Way General Business - Non -Resident Fife General Business Sequim General Business - Non -Resident University Place General Business - Non -Resident Click here Click here Count Details View Architects Governing People May include governing people not registered with Secretary o/State Governing people -itle https:Hsecure.dor.wa.gov/gteunauth/_/#3 New search Back to results Status Expiration dat First issuance On Hold Jun-30-2023 Jul-11-2006 Active Jun-30-2023 Nov-02-2020 Active Jun-30-2023 Jun-16-2015 Active Jan-31-2023 Feb-03-2022 Active Jun-30-2023 Feb-16-2012 1/2 8/17/22. 8:19 AM Washington State Department of Revenue Governing people Title CATE, LOWELL MCKEAN, BRUCE G MCKEAN, CYNTHIA PRESEGAARD, ERIK Registered Trade Names Registered trade names Status First issued HELIX ARCHITECTURE Active Jan-16-2008 HELIX DESIGN GROUP Active Jan-16-2008 HELIX GRAPHICS Active Jan-16-2008 HELIX INTERIORS Active Jan-16-2008 The Business Lookup information is updated nightly. Search date and time: 8/17/2022 8:19:43 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_t#3 2/2 8/17/22, 8:17 AM 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: 06/30/2023 Jurisdiction: UNITED STATES, WASHINGTON 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 hftps://ccfs.sos.wa.gov/#/BusinessSearch/Business] nformation 1 /1 RETURN TO: PW ADMIN EXT: 2700 ID #: 3987 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: x2711 3. DATE REQ. BY:10/28/20 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 20-9255 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Operations and Maintenance Facility Development 6vnk4-,ctIYUA.-� 5. NAME OF CONTRACTOR: Helix Design Group, Inc. ADDRESS: 6021 12th Street E Suite 201 Fife WA 98424-1376 TELEPHONE, 922-9037 E-MAIL: erikp�helixdesigngroua.net FAX; SIGNATURENAnaI:: Erik Preste card "TITLE: G. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # _ BL, EXP. 12/31/ UBI #_ , EXP. 7. TERM: COMMENCEMENT DATE: Upon Signature Icsinlu COMPLETION DATE: 12/31/2022 8. 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: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED d PURCHASING: PLEASE CHARGE TO: D36610-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 6 DEPUTY DIRECTOR DSW 10/21/20 A DIRECTOR EJW 10/11/2021 ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT MP 10/9/2021 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: n/a COMMITTEE APPROVAL DATE: n/a SCHEDULED COUNCIL DATE: n/a COUNCIL APPROVAL DATE: Na 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/12/2021 DATE REC• D: 10/15/2021 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT LAW DEPT It tv - SIGNATORY (MAYOR OR DIRECTOR) �I CITY CLERK --� 0 I ❑ ASSIGNED AG # AG# Id- q —n ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE,,,, " ORIGINALS 1 !'1mn RETURN TO: PW ADMIN EXT: 2700 ID #: 3987 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Desiree Winkler EXT: x2711 3. DATE REQ. BY: 1 0/28/20 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 20-925 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Operations and Maintenance Facility Development 6vnk4nclkv-,A.�42i s. NAME OF C ONTRACTOR: Helix Design Group, Inc. ADDRESS: 6021 12th Street E Suite 201 Fife WA 98424-1376 TELEPHONE: 253) 922-9037 i:-tiIAiL:_erikDO�hefixdesipngroup.net FAX: SIGNATURENAN11 . Erik Preste ward TITLE: EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. 7. TERM: COMMENCEMENT DATE: upon signature lel+<wiZt COMPLETION DATE: 12/31 /2021 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: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED d PURCHASING: PLEASE CHARGE TO: D36610-24110 9. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER 6 DEPUTY DIRECTOR A DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) CONTRACT SIGNATURE ROUTING INITIAL / DATE REVIEWED INITIAL / DATE APPROVED DSW 10/21/20 EJW 10/11/2021 MP 10/8/2021 SCHEDULED COMMITTEE DATE: n/a COMMITTEE APPROVAL DATE: n/a SCHEDULED COUNCIL DATE: n/a COUNCIL APPROVAL DATE: Na ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 10/12/2021 DATE REC' D: 10/15/2021 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED OMMENTS: 'YrZr1ITS:. np1r:1,� 0 AG# ` DATE SENT lft�FCITY of CITY HALL /^� 33325 8th Avenue South e #..If a ra I y Federal Way, WA 98003-6325 (253) 835-7000 wmv. cityoffederalway. com AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT This Amendment ("Amendment No. 2") 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"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Operations and Maintenance Facility Development ("Agreement") dated effective November 6, 2020, as amended by Amendment No. 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2022 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-2 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL South Federal ■ � r� Feder Sth Avenue 8003 Way Federal Way, WA 98003-6325 (253) 835-7000 Lvmv cityoffederalway coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By:..1 �� .liil troll, ayor DATE: l o jq,-�- l HELIX DESIGN GROUP, INC.: By: Printed Name: �7�� Title: /?ZelyClf'.�'L Date: / 1 PC? 02-es2-I STATE OF WASHINGTON ) ) ss. COUNTY OF Pt&U-P— ATTEST: �t� &4�0 S e lia pie Courtney, CMC ty Clerk APPROVED AS TO FORM: /— -/ — 9=;t�: . Ryan Call, City AtWlkrey 0 ails (lay personally appeared before me E41K M` Mt- , to me known to be the Q { uek 'A -tom of q-"t�p, yL ".tC .. that executed the foregoing instrument, and acknowledged the said instrument to be the ee 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 ! 43-4- day &7V &U , 20 L . M 04'""", Notary's signature r 1 ••' A►QTA�y'•.y�tn �+ Notary's printed name G # ttEii '.� Notary Pttlalic in and for the State of Washington. ? N %MyMy commission expires ••. r/r rrr Q� • r.••••,�j�,ryw rr�11111HN��,� AMENDMENT - 2 - 3/2017 CITY 6F CITY HALL Federal Way ■� Feder 8th Avenue South003 ■Vl l�lf � Federal Way, 1tVA 98003-6325 (253) 835-7000 wwuvtrh 7��#�°rehn+eycorn EXHIBIT A-2 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: See attached. AMENDMENT - 3 - 3/2017 EXHIBIT A-2 October 7, 2021 Ms. Desiree Winkler Deputy Director, Public Works Dept. City of Federal Way 33325 8th Avenue S. Federal Way, WA 98003 RE: Operations & Maintenance Facility Study. Additional Appraisals. Dear Ms. Winkler: 11-11ellix design group Per your request, we have solicited a proposal from our consultant, Colliers International, to provide appraisals for 35610 and 35620 Enchanted Parkway S., parcels 282104-9077 and 282104-9172, properties adjacent to Jet Chevrolet. Colliers proposal is attached. With Helix's mark-up and coordination time we respectfully submit the following fee request for your consideration: Colliers International: Helix Mark-up @ 10%: Helix Coordination: 4 hrs. @ $160= TOTAL REQUEST: *Does not include hard copies of report, @ $100 per copy. We hope this proposal is acceptable. If you have any questions, please let us know. Sincerely yours, HELIX DESIGN GROUP, INC. 14_Ae_o� , - Erik Prestegaard Principal Attachment $7,000 700 0\03-Fee Prcposals-Contrxts\2020\a20-102 Fed Way O&M Fxiliity\02-Fee Proposals\working\CS Federal Way Ops 4 Maint Facility Addito l Appraisals Fee Proposal dad ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East, Suite 201, Tacoma: WA 98424-1308 (253) 922-9037 www.helixdesigngroup.net October 7, 2021 Michael Lennon, MAI Valuation Specialist Direct (425) 736-7234 Michael.lennon@colliers.com Erik Prestegaard Helix Design Group 6021 12th Street East Tacoma, WA 98424 (253) 922-9037 ErikP@HelixDesignGroup.net RE: Site 4 Portfolio Dear Mr. Prestegaard: Thank you for considering Colliers International Valuation & Advisory Services, LLC for the assignment identified in the below stated Professional Service Agreement. Please sign one copy of the agreement and return it to me, thereby indicating your authorization for us to proceed with this assignment and your acceptance of the attached Terms and Conditions. P3QFESSI NA 5ER 10E AGREEMENT ("Agreement") Project Two Commercial Buildings located in Federal Way, WA Location Blackstone's Collision, 35620 Enchanted Parkway S, Federal Way Former United Paint, 35610 Enchanted Parkway S, Federal Way Project Description General commercial building and an automotive repair shop Parties Colliers International Valuation & Advisory Services, LLC ("CIVAS") and Erik Prestegaard, Helix Design Group (herein at times referred to as "Client") Intended User The appraisals will be prepared for Helix Design Group. No other users are intended. Intended Use The reports to be performed under this Agreement ("Appraisal") are intended only for use in Internal Business Decisions. The report is not intended for any other use. Purpose As -Is Market Value. The appraisal report does not include a valuation of the personal property or going concern. Type of Appraisal CIVAS will produce an Appraisal Report in which the appraiser's analysis and conclusions will be summarized within this document. Rights Appraised Leased Fee Date of Value Date of inspection Accelerating success. Scope of Work CIVAS and/or Its designated affiliate will provide the Appraisal in accordance with USPAP, the Code of Ethics and Certifications Standards of the Appraisal Institute, and State Licensing Laws. CIVAS will research relevant market data and perform analysis to the extent necessary to produce credible appraisal results. Based on our discussions with the Client, the Client has requested the following valuation scenarios: As Is CIVAS anticipates developing the following valuation approaches: Income Approach > Sales Comparison Approach An interior observation of the subject property will be performed. The scope of work will be included in the Appraisal. A copy of the Assumptions and Limiting Conditions, which appear in the Appraisal, is available upon request. Delivery Final Appraisal: Delivered four (4) weeks from the date of authorization and receipt of property specific information. Professional Fee Blackstone's Collision $3,500 Fortner United Paint $3,500 Total $7,000 Expenses Fees include all associated expenses. No. of Reports One (1) electronic appraisal for each property. If hard copies are requested, the cost per copy is $100. Retainer A retainer of 50% of the fee is required prior to our proceeding. Retainer Remittance Options in order of quickest receipt: 1. Wire instruction: Please email eliza-estrada0firniliers.com with transmittal confirmation. fIP Morgan Chase Bank, NA P Chicago, IL 70-2322/719 s Account Name: Colliers International Valuation & Advisory Services, LLC Account No. 899559074 ABA No. 021000021 1 ACH Payment Transit Routing Number: 071000013 Please include invoice number/property address in memo payment information. 2. Local deposit: You may deposit your check at a Chase branch if that is convenient for you. Please email Eliza Estrada for further instruction @ ellza-estrada(c.�colliers,com. i 3. Temporary mailing address for checks: Colliers International Attn: ELIZA ESTRADA 851 SW Sixth Ave, Suite 200 Portland, OR 97204 Payment Terms CIVAS will invoice Client for the Appraisal in its entirety at the delivery of the appraisal. Final payment is due and payable within five (5) business days upon delivery of the electronic copy of the 1 Final Appraisal. Acceptance Date ; These specifications are subject to modification if this Agreement is not accepted within three (3) business i days from the date of this letter. Terms and Conditions The attached Terms and Conditions and Specific Property Data Request are deemed a part of this Agreement as though set forth in full herein. The following is a list of information needed to begin and complete our analysis. The Client signing this Agreement or the party sending the specific property data certifies that all the information provided is accurate and complete as of the date of this request, and that any updates, revisions or additional relevant information that comes into control or possession of the Client prior to the date on which the Appraisal is delivered shall be provided to CIVAS immediately. Please forward with the Agreement or as soon as possible. r Title Report (if available) Engineering studies, soil tests or environmental assessments (if available) Existing Building or Improvement Plans (if available) Property Condition Report (if available) Capital improvements history (2 years) & budget Three year & YTD Income & Expenses Current Budget s Property Contact: Jeff Ryan, 253-380-3197 In addition to the items requested above, please forward any additional materials you would consider relevant in the analysis of the subject property. Reliance Language The Appraisal Is for the sole use of the Cllent; however, Client may provide only complete, final copies of the Appraisal report in its entirety (but not component parts) to third parties who shall review such reports in connection with the stated Intended Use. CIVAS is not required to explain or testify as to appraisal results other than to respond to the Client for routine and customary questions. If you have questions regarding the enclosed, please feel free to contact me. CIVAS appreciates this opportunity to be of service to you on this assignment and looks forward to serving you. If you have additional questions, please contact us. I, Erik Prestegaard, agree to the above stated terms and authorize Colliers International Valuation & Advisory Services, LLC to prepare the above referenced appraisal. Date: Erik Prestegaard Helix Design Group Respectfully, Colliers International Valuation & Advisory Services, LLC Michael Lennon, MAI Valuation Specialist Direct (425) 736-7234 Michael.lennon@colliers.com Terms and Conditions "T&C" 1) The Appraisal will be subject to Colliers International Valuation & Advisory Services, LLC's ("CIVAS") Assumptions and Limiting Conditions that are incorporated into each appraisal, and any Extraordinary Assumptions and Hypothetical Conditions that may be incorporated into each appraisal. 2) Any capitalized, non -defined words shall have the same meaning as defined in the Agreement to which these T&Cs are attached. 3) Client is defined as the party signing the Agreement and shall be responsible for payment of the fees stipulated in the Agreement. Payment of the fee for the Appraisal is not contingent on the appraised value(s) or the outcome of the report(s). Additional fees will be charged on an hourly basis for any work that may exceed the scope of this proposal, Including performing additional valuation scenarios, additional research, and conference calls, meetings, deposition preparation, deposition, trial testimony or travel that may exceed the time allotted by CIVAS for an assignment of this nature. If CIVAS is requested to cease working on the Appraisal for any reason prior to the completion of the appraisal(s), CIVAS will be entitled to bill the Client for the time spent to date at CIVAS' hourly rates for the personnel involved. The Client will be billed a minimum $500 or at a rate of $250 per hour for associate time, $300 per hour for valuation services director, $400 per hour for managing director, and $450 per hour for executive managing director. If the Client delays completion of the assignment beyond ninety (90) days, the fee may be renegotiated. This may result In the total fee exceeding the original agreed fee agreed upon cost. 4) Client agrees to pay all fees and expenses, including attorney's fees, incurred by CIVAS in connection with the collection or attempted collection of the fees and expenses. In the event Client falls to make payments when due and payable, the amount due shall bear interest at 1.5% per month or the maximum rate permitted In the state in which the CIVAS office executing the Agreement is located, whichever is lesser. 5) The fee is due upon delivery of the final report or within thirty (30) days of your receipt of the draft report, whichever is sooner. If a draft Is requested, the fee is considered earned upon delivery of our draft report. 6) In the event that either party commences any legal action relating to the provisions of the Agreement, including collection, the prevailing party shall be entitled to its actual attorneys' fees and costs. The Agreement shall be governed by and construed in accordance with the laws of the state where the CIVAS office executing the Agreement is located. The venue of any action arising out of the Agreement shall be the county where the CIVAS office executing the Agreement is located. Client will have up to thirty (30) days from receipt of the Draft Appraisal to review and communicate its review to CIVAS. CIVAS reserves the right to bill Client for additional appraisal efforts that may arise from the Client not responding within with this time period. 7) CIVAS does not make any representation or warranty, express or implied, as to the accuracy or completeness of the information or the state of affairs of the Property furnished to CIVAS by Client. In the event that any such information is inaccurate, misleading or incomplete, CIVAS shall have no responsibility or liability for any matters relating thereto (whether to the Client or to any third party). 8) CIVAS shall have no responsibility for legal matters, questions of survey or title, soil or subsoil conditions, engineering, or other similar technical matters. The Appraisal will not constitute a survey of the Property analyzed. 9) Client shall provide CIVAS with such materials with respect to the Appraisal as requested by CIVAS and which are in the possession or under the control of Client. Client shall provide CIVAS with sufficient access to the Property to be analyzed and hereby grants permission for entry, unless discussed in advance to the contrary. 10) The data gathered in the course of the Appraisal (except data furnished by Client) and the Appraisal prepared pursuant to the Agreement are, and will remain, the property of CIVAS. With respect to data provided by Client, such data shall be confidential, and CIVAS shall not disclose any information identified as confidential furnished to CIVAS. Notwithstanding the foregoing, CIVAS is authorized by Client to disclose all or any portion of the Appraisal and the related data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable CIVAS to comply with the Bylaws and Regulations of such Institute as now or hereafter In effect. 11) Unless specifically noted, CIVAS does not assume any duty to analyze or examine the Property or adjacent property for the possible presence of toxic and/or hazardous substances or materials (including but not exclusive to asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), orthe cost of encapsulation or removal thereof) and accepts no liability regarding the issue. If such materials exist, CIVAS defers to the expertise of professionals specifically trained in analyzing the cost to remediate, which will not be a part of the appraisal fee proposal. The Appraisal will contain a comprehensive disclaimer to this effect. 12) CIVAS understands that there is no major or significant deferred maintenance in the Property which would require the expertise of a professional cost estimator or contractor. If such repairs are needed, the estimates are to be prepared by others, and are not a part of the fee contemplated in the Agreement. 13) Client acknowledges that CIVAS is being retained hereunder as an independent contractor to perform the services described herein and nothing in the Agreement shall be deemed to create any other relationship between Client and CIVAS. The Agreement shall be deemed concluded and the services hereunder completed upon delivery to Client of the Appraisal discussed herein. 14) Client agrees that its only remedy for losses or damages relating to the Agreement shall be limited to the amount of the appraisal fee paid by the Client and in no circumstances shall CIVAS be liable for any losses or damages in excess of this amount. Should the Client, or any other entitled party, make a claim against CIVAS, its directors, officers, employees and other affiliates and shareholders, relating to this engagement or the appraisal(s), the maximum damages recoverable from CIVAS, its directors, officers, employees and other affiliates and shareholders, shall be the amount of funds actually collected by CIVAS under the Agreement, and no claim shall be made for any consequential or punitive damages. 15) If CIVAS or any of its employees receives a subpoena or other judicial notification to produce documents or provide testimony Involving the Appraisal in connection with a lawsuit or related proceeding, CIVAS will notify the Client of receipt of the subpoena or notification. However, if CIVAS is not part of the lawsuit or proceedings, Client agrees to compensate CIVAS for the professional time required and to reimburse CIVAS for the expenses incurred in responding to any such subpoena or judicial notification, including any attorneys' fees, as they are incurred. CIVAS is to be compensated at the prevailing hourly rates of the personnel responding to the subpoena or command for testimony. 16) If expert witness testimony is required in connection with the Appraisal, the following hourly rates will apply. The Client will be billed at the rate of $250 per hour for associate time, $350 per hour for valuation services director, $400 per hour for managing director, and $450 per hour for executive managing director. The hourly billings pertain to court preparation, waiting and travel time, document review and preparation (excludes appraisal report) and all meetings related to court testimony. 17) Client shall indemnify and hold CIVAS, Its parent, subsidiaries, affiliates, its officers, directors, employees and agents ("CIVAS Indemnities"), fully harmless against all losses, damages, claims, and expenses of any kind whatsoever (including costs and reasonable attorneys' fees), sustained or incurred by a third party as a result of the negligence or intentional acts or omissions of Client (including any failure to perform any duty Imposed by law), any misrepresentation, distortion or if Client fails to provide complete and accurate information to CIVAS, for which recovery is sought against the CIVAS Indemnities; however, such obligation to defend and indemnify shall not apply to the extent caused by the negligent act or willful misconduct of CIVAS. Client shall indemnify and hold CIVAS Indemnities harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the Appraisal to any third party. LI.MTTATT N OF LIABILITY. EXCEPT FOR THE INDEMNIFICATION PROVISION ABOVE, ANYTHING IN THE AGREEMENT TO THE CONTRARY NOTWITHSTANDING, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER. 18) CIVAS agrees to maintain Professional Liability Insurance in the amount of $1,000,000 and General Liability insurance in the amount of $2,000,000, as well as Workers Compensation per local regulatory requirements. CIVAS will endeavor to provide Client with written notice regarding any cancellation of any such insurance. CIVAS will provide Client with certificates of Insurance naming Client as an additional insured on the General Liability policy upon request. 19) The Appraisal and the name Colliers International Valuation & Advisory Services may not be used in any marketing or investment material or offering memoranda without CIVAS' prior written consent. CIVAS, its employees and appraisers have no liability to any recipients of any prepared material and disclaim all liability to any party other than the Client. 20) Unless CIVAS consents in writing, the Appraisal cannot be used by any party or for any purpose other than the Client for the purposes specified in the Agreement. Should the Client provide a copy of this Appraisal to any person or entity not authorized by CIVAS in writing, Client hereby agrees to hold CIVAS, its directors, officers, employees and other affiliates and shareholders, harmless from all damages, expenses, claims and costs, including any attorney's fees. The Client acknowledges that any opinions and conclusions expressed by the professionals of CIVAS pursuant to the Agreement are made as employees and not as individuals. CIVAS' responsibility is limited to the Client, and the use of the Appraisal or related product by third parties shall be solely at the risk of the Client and/or third parties. 21) The use of this appraisal shall be used only for the purpose as set forth in the Intended Use section of the Agreement. cu 7 Y r) { CITY HALL e 1 a l ■ � day Feder 8th Avenue South ■fr►■�r/ Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederatway coin EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Eight Thousand Three Hundred Forty and NO/100 Dollars ($8,340.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Eighty -Five Thousand Five Hundred Sixteen and NO/100 Dollars ($285,516.00). 2. Method of Compensation: Hourly Ratc 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 -consultant's labor and reimbursable charges. Reiriibnrsable. Ext�ense5 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. AMENDMENT - 4 - 3/2017 10/8/21, 1:51 PM 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: 06/30/2022 Jurisdiction: UNITED STATES, WASHINGTON 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 hftps:Hccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1 /1 10/8/21, 1:50 PM Washington State Department of Revenue < Business Lookup License Information: Entity name: HELIX DESIGN GROUP, INC. Business name: HELIX DESIGN GROUP, INC. Entity type: Profit Corporation UBI #: 602-622-111 Business ID: 001 Location ID: 0001 Location: Active Location address: 6021 12TH ST E STE 201 FIFE WA 98424-1376 Mailing address: 6021 12TH ST E STE 201 FIFE WA 98424-1376 Excise tax and reseller permit status: Secretary of State status: Endorsements Endorsements held at this loc: License # Count Architect Firm 367 Federal Way General Business - Non -Resident Fife General Business University Place General Business - Non -Resident Click here Click here Details View Architects Governing People May include governing people not registered with Secretary of State Governing people CATE, LOWELL MCKEAN, BRUCE G hftps:Hsecure.dor.wa.gov/gteunauth/—/#4 New search Back to results Status Expiration dat First issuance i Active Jun-30-2022 Jul-11-2006 Active Nov-30-2021 Nov-02-2020 Active Jun-30-2022 Jun-16-2015 Active Jun-30-2022 Feb-16-2012 1/2 10/8/21, 1:50 PM Washington State Department of Revenue Governing people Title MCKEAN, CYNTHIA PRESEGAARD, ERIK Registered Trade Names Registered trade names Status First issued HELIX ARCHITECTURE Active Jan-16-2008 HELIX DESIGN GROUP Active Jan-16-2008 HELIX GRAPHICS Active Jan-16-2008 HELIX INTERIORS Active Jan-16-2008 The Business Lookup information is updated nightly. Search date and time: 10/8/2021 1:46:41 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/—,/#4 2/2 HELIDES-03 JPABALATE CERTIFICATE OF LIABILITY INSURANCE D 10/3/21TE 3/2 IY021 101 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 endorsoment(s). PRODUCER License # OC36861 CONTACT NAME: Seattle-Alliant Insurance Services, Inc. PHONE 1420 Fifth Ave 15th Floor (A+C No, Ext): (206) 204-9140 tic Nol: 206 204-9205 Seattle, WA 98101 AnnpCCC INSURED Helix Design Group, Inc. 6021 12th St East #201 Tacoma, WA 98424 I INSURER A: Continental Casualtv C INSURER B : INSURER C : I 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. INSR IADDL51JR:i POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD LVvttil POLICY NUMBER ----.. - . __.. IMMIDDIYYYVI I IMM/DD/YYYYI I LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR EACH OCCURRENCE $ DAM ,A E TO �'E,N I-.-1 IrIFUSU fEa o��_rrencel S . MED EXP IAny one person) S PERSONAL & ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ jEg: LOC GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG S AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLYHAMIM9L AUUTOSSBODILYAbROSONLY Mtifr BODILY WROPEI FPer acc UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTIONS I - ------------..._._... YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT 12FFtC1:RA4SEMBER EXCLUDED? ❑ NIA andatory in NH) E.L. DISEASE - EA EN If yes, describe under _ DESCRIPTION OF OPERATIONS below E L. DISEASE - PQl-IC A Prof/Pollution Liab IAEH591932169 8/1/2021 8/1/2022 +Each/Aggregate A Prof/Poll Liability AEH691932169 8/1/2021 8/1/2022 Ded Each Claim DESCRIPTION OF OPERA I IONS r LOCA TiONS r VEHICLES )ACURD 101, Additional Rern.lL{'5 Schedule, maybe attached if more space is required) RE: of Federal Way Public Works Operations & Maintenance Facility Development C( RTIFICATE HOLDER CANCELLATION City of Federal Way Public Works Department 33325-8th Ave S Federal Way, WA 98003 ACORD 25 (2016/03) 2,000,000 75,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I RETURN TO: PW ADMIN EXT: 2700 ID #: 3946 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Deputy Director 2. 3. ORIGINATING STAFF PERSON: Desiree' Winkler _ _ EXT: x271 1 _ 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): 20-925 ❑ INTERLOCAL ❑ OTHER PROJECT NAME: Operations and Maintenance Facility Development NAME OF CONrRAeTOIz: Helix Design Group, Inc. ADDRESS: 6021 12th Street E,_Suite 201 Fife, WA 98424-1376 TELEPHONE: (253) 922-9037 E-MAIL: erikpC@.helixdesicingroup.net _ FAX: SIGNATURE NAME: Erik prestegaard TITLE: EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # EXP. 7. TERM: COMMENCEMENT DATE:: upon signature COMPLETION DATE: 12/31 /2021 TOTAL COMPENSATION: S 277,176.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ® YES 13 NO IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED: ❑ YES ❑ NO IF YES, S PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: D36610-24110 9. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER 6 DEPUTY DIRECTOR 6 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) S LAW DEPT INITIAL / DATE REVIEWED DSW 10/21/20 EJW 7/27/2021 KVA 7127/21 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: Ne SCHEDULED COUNCIL DATE: "' INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: 'a COUNCIL APPROVAL DATE: Na 11. CONTRACT SIGNATURE ROUTING n I ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 2� .Z 1 DATE REC' D: '� ` ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LIC NSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT is LAW DEPT NATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED C ONIMFNTS: ,L.XECUTE " " ORIGINALS v Ld�t AG# 20- 25A DATE SENT: ` cory OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 my v.cityoffederalway.com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR OPERATIONS AND MAINTENANCE FACILITY DEVELOPMENT This Amendment ("Amendment No. I") 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"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for the Operations and Maintenance Facility Development ("Agreement") dated effective November 6, 2020 as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Parry consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 3/2017 ` Feder clrY bf CITY HALL Federal Way 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 m wafyoffederahvay.corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: / HELIX DESIGN GROUP, INC.: By: Printed Name: ,ram/ C ?Ze67F 4F,4 � Title: Date: vZe JvGy 4.x / STATE OF WASHINGTON ) ATTEST: ephanie Courtney, CMC Ci Clerk APPROVED AS TO ORM: �r: J Ryan Call, City Atto ) ss. COUNTY OF Pke r C ) On this day personally appeared befog me L tt e.+-j) , to me known to be the �kA+At,-AJA4— of J that executed the foregoing instrument, and acknowledged the said ins ument 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 m hand and official seal this y ;�day of .rrrrrlNfry���r *�+++''`,`� sM.�!i�,r{•�� Notary's signature ND'rJIRY . O. Notary's printed name { r.l.i SOLI Notary Public in - d for the State of Washington. :MYCOMMIS810N? My commission expires 7 -1q • E/PM � e,;••.•Tli .•Z . AMENDMENT - 2 - 3/2017 ` CITY OF CITY HALL Aft 33325 Avenue South Federall Way, WA 98003-6325 Federal Way (253) 835-7000 wwwol off derolwaycom EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: See Attached. AMENDMENT - 3 - 3/2017 ` clrr OF CITY HALL Federal 8th Avenue South Feder Way Federal Way, WA 98003-6325 (253) 835-7000 WMV cityoffederalway. com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty Thousand One Hundred Twelve and no/100 Dollars ($30,112.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Seventy -Seven Thousand One Hundred Seventy -Six and no/l00 Dollars ($277,176.00). 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. AMENDMENT - 4 - 3/2017 Celebrating 25 Years 1994-2019 design group July 20, 2021 Ms. Desiree Winkler Deputy Director, Public Works Dept. City of Federal Way 33325 81h Avenue S. Federal Way, WA 98003 RE: Operations & Maintenance Facility Study. Dear Ms. Winkler: Per your request, we have assessed the required effort to add a new site to our study. This site will, for the time being, be referred to as "Site 4" in order to keep the City's potential interest confidential at this time. We are pleased to provide the following proposal for your consideration. SCOPE OF WORK "Site 4" comprises two pieces of land: one owned by the current user, and includes an operations/commercial/shops building, and an adjacent site which is leased and accommodates a heavy equipment maintenance building. We will assess the site in terms of its ability to support the prototype site model ("test fit"); note deficiencies and recommend changes; asses condition of buildings and recommend improvements; and asses condition and possible re -use of existing maintenance equipment. All suggested improvements/changes/upgrades will be accompanied by a ROM cost estimate. The properties will also be apprised as to current value by a professional appraiser, A report on the process, findings and recommendations will be prepared and incorporated in the overall report which will include this study assessment. PROJECT TEAM Our proposed team members for this assignment include: Helix Design Group, Inc. (Att. 'A'): Pinnacle Consulting Group (Att. 'B'): AHBL, Inc. (Att. 'C'): AHBL, Inc. (Att. 'D'): OCMI (Att. 'E'): Hargis Engineers, Inc. (Att. 'F'): Colliers International (Att. 'G'): Prime Consultant Architecture: Planning Industrial Eng. Structural Engineering Civil Eng./Land Use Cost Estimating Mechanical & Electrical Engineering Real Estate Appraisal Services Notes: 1. Kidder Mathews recommends an independent appraiser in order to avoid possible future conflict of interest. For this reason, we have included Colliers International on our team. Collier's fees will be paid by Helix as re -allocated from Kidder Mathew's current authorization. 2. Structural engineering has not been required for previous portions of the study, but will be required for the Site 4 assessment. We have included services by AHBL's structural group. oA03-fee pro posal-contracts\2020\a20-102 fed way oGm Facility\02-Fee propo,a15\vmrking\b1_federa1 way cps S maint facility_fee proposal working docx ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East, Suite 201, Tacoma. WA 98424-1308 (253) 922-9037 www.helixdesigngroup.net 3. Proposals have been included for AHBL's civil engineering services, OCMI's cost estimating and for Pinnacle's industrial engineering work, but for scope only. AHBL's , OCMI's and Pinnacle's current fee authorizations are sufficient to cover Site 4 work. Ill. FEES Please refer to Attachments 'A' through 'G' for individual proposal, with only 'A', 'C', 'F' and 'G' include fees. Our proposed fees for the Site 4 study, additional to the current contract amount, are as follows: Architecture (Att. 'A'): $20,432 Structural Eng. (Att. 'C'): $4,000 M/E/P Eng. (Att. 'F'): 4,800 Sub -total: $8,800 Helix Mark-up @ 10%: 880 Total, Sub -Consultants: $ 9,680 TOTAL REQUESTED: $30,112 Appraisal Services (Attachment 'G') by Colliers International to be covered by re -allocating fees from Kidder Mathews' allocation: Attachment 'G': $4,500 Helix Mark-up @ 10%: 450 Total: $4,950 All fees will be invoiced on an hourly basis, at standard rates (as shown). We hope this proposal is acceptable. If you have any questions, please let us know. Sincerely yours, HELIX DESIGN GROUP, INC. Erik Prestegaard Principal Attachments ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East, Suite 201, Tacoma, WA 98424-1308 (253) 922-9037 www.helixdesigngroup.net ATTACHMENT A Federal Way O & M Facility Architectural Design Tasks/Federal Way O&M Facility Study/Site 4,Architectural Tasks Helix W,12i design group ■PU mom 1 Information gathering a review (drwgs./etc.) 4 6 4 $ 2,240 2 Field reviews/investigations a a $ 2,400 3 Assess suitability (test fit prototype lay -out) 2 10 6 $ 2,800 4 Assess conditiones & improvement needs 2 10 6 $ 2,800 5 Coordinate team 20 $ 3,200 6 Weekly weekings w/client (8ea.) 8 10 8 $ 4,160 7 Prepare report 2 8 4 2 $ 2,330 total hours 18 72 36 0 0 2 128 Total Architectural Service $ 3.240.00 $ 11,520.01) $ 5,040.00 $ $ $ 130.00 S 20.3213.g0 Expenses Travel Costs trips miles Mileage 10 20 $ 0.560 per mile total mileage 112 Total Travel Costs $ 112 Reproduction Prints, copies, etc., Mlsc. Allowance Sub -total Expenses Helix mark-up @ 10% Total Expenses H 12 _ S 20 43E Page 1 7/20/2021 Helix Design Group Attachment 'B' From: Frank Coleman Jr. (Pinnacle Consulting Group, Inc.) <fcoleman@pinnaciegrp.com> Sent: Friday, July 16, 2021 10:54 AM To: Erik Prestegaard <Erikp(`E ielixpesi nGraup i >; Jeff Ryan <JeffRC-,HelixDesignGroup.net> Cc: Lowell Cate <Lowellc HelixDesignGroup.net>; Matt Fickel (Pinnacle Consulting Group, Inc.) <rllii('_:-1!}lf7!-t3;_l•2F;1-S7.com> Subject: RE: Federal Way O&M Facilities Jeff, We still have about $7,000 fee that can be applied to this task. We see the Statement of Work for assessment of the "Site 4"as the following: 1. Site visit to review the facilities, parts area, shop spaces. 2. Review site configuration for equipment staging/parking and vehicle flow 3. Picture documentation of the existing service/support equipment and yard areas. 4. Write upon our assessment of equipment/spaces ability to support Federal Way O&M operations to help with costing. 5. Support the cost estimating effort. Exclusions: A. Condition assessment of MEP, example, compressor/piping condition/exhaust systems B. Office and support spaces Let me know if you have any questions or need any clarification's. Sincerely, Frank E. Coleman Jr. President A PINNACLE 114 Ave C, STE 102, Snohomish, WA 98290 P: 360.563.7401 C: 206.459.1193 Celebrating our 31st Year Notice This message (including any and all attachments) contains confidential information intended for a specific individual and purpose and is protected by lays If you are not the intended recipient, you should delete this message, and any disclosure, copying: or distribution of this message or the information contained herein is prohibited The taking of any action based upon this information is a violation of Iavv Attachment 'C' 0 AUTHORIZATION FOR SERVICES TO: Erik Prestegaard / Jeff Ryan Helix Design Group EMAIL: Erikp@HelixDesignGroup.net jeffr@helixdesigngroup.net SERVICES PROVIDED: ❑ Civil Engineering ® Structural Engineering DESCRIPTION OF WORK: The following services have been requested: DATE: July 16, 2021 PROJECT NO.: 2200572.20 PROJECT NAME: Federal Way O&M Facility SUBJECT: Option 4 Structural Evaluation ❑ Land Use Planning ❑ Landscape Architecture ❑ Land Surveying • Structural evaluation of (2) existing building structures associated with the Federal O&M Facility Option 4 / Site 4 plans. • The project scope will involve visiting the project site to review the existing building structures and developing a list of likely deficiencies as well as required upgrades. Our findings will be used for preliminary cost estimating purposes. • Deliverables will include a memorandum of findings. • We can bill our engineering effort on a time and expense basis against the noted allowance. BILLING SUMMARY: ® Time and Expense (estimate): $4,000 ❑ Fixed Fee Amount: AGREEMENT: 1. Client authorizes the above -specified services and agrees to pay for these services in the amount stated above within 30 days of receiving each invoice. If payment is not received by AHBL within sixty (60) calendar days of the date of the invoice, the Client shall pay an additional charge of one -and -one-half percent of the PAST DUE amount per month. 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. 2. Client agrees to limit the liability of AHBL to Client arising from professional acts, errors, or omissions of AHBL and for liability arising out of or relating to this Agreement, such that the total aggregate liability of AHBL, including attorneys' fees awarded pursuant to this Agreement, shall not exceed Fifty Thousand U.S. Dollars ($50,000) or the total compensation paid by Client to AHBL for the services rendered under this Agreement, whichever is greater. 3. If the services include surveying of utilities, the Client understands and agrees that the existence and location of any underground utilities are derived from a combination of utility locator service markings and as -built and/or utility design drawings provided by others. AHBL does not represent or guarantee that all underground utilities that may exist within the site have been shown or have been shown accurately. 4. If the services include preparation of construction documents and/or performance of periodic observations of construction, the Client agrees that AHBL shall have no responsibility for construction means, methods, techniques, sequences or procedures or for construction jobsite safety, and the Client agrees that AHBL shall not be liable for the failure of any contractor to construct in accordance with the construction documents. 5. AHBL's services are intended solely for the benefit of the Client and are not intended to create any rights or benefits for any other person or entity. Use by any other person or entity or on any other project shall be at the user's sole risk and without liability on the part of AHBL or the professional whose stamp and signature appear on the documents. 6. Unless stated otherwise, AHBL's receipt of a signed copy of this Authorization for Services shall constitute its notice to proceed with performance. If AHBL has not received a signed copy of this Authorization for Services within fifteen (15) days of the date stated at the top of the form, the proposal to perform the services shall be deemed withdrawn. Page 1 of 2 Client Purchase Order No: Client Name: Signature: Printed Name/Title: AHBL Project Mgr. Signature: �, - /1 L AHBL Proj. Mgr. Printed Name: Andrew McEachern, P.E., S.E. ® TACOMA 2215 North 30h Street, Suite 300 Tacoma, WA 98403-3350 253.3832422 TEL C: Accounting ADM/ ❑ SEATTLE 1200 6m Avenue, Suite 1620 Seattle, WA 98101-3117 206.2672425 TEL Q:\2020\2200572\20_STR\NON_CAD\2200572 authOl - Option 4 Evaluation.docx ❑SPOKANE 827 West First Avenue, Suite 220 Spokane, WA 99201-3904 509.2525019 TEL Date: Date: 7/16/2021 ❑ TRI-CITIES 5804 Road 90, Suite H Pasco, WA 99301-8551 509.3805883 TEL Authorization for Services Federal Way O&M Facility 2200572.20 Page 2 of 2 R H B L Attachment 'D' From: William Fierst <Wr iersi,u,j ,HBL.com> Sent: Wednesday, July 21, 2021 2:41 PM To: Erik Prestegaard <Eriky)C.Hi,IixDesienGroup.net> Cc: Lisa Klein <LK1ein(_c_DAHBL.cciw> Subject: RE: Federal Way O&M Facilities Erik, As discussed, AHBL will not require further civil engineering and land use planning fees for Site #4. Our Site #4 scope follows. Please let us know if you have any questions or concerns. AHBL Civil Engineering Services Feasibilitv Analvsis (Task 11.2.c)_-Task 14 Complete a civil engineering evaluation of Site #4, including the items listed below. We understand Site #4 will be preliminarily reviewed. Concept level civil engineering site plans, calculations, and a narrative will be prepared for Site #4. 1. Research stormwater, utility, and roadway codes. Attend meetings with City of Federal Way and Lakehaven Utility District to discuss project requirements. 2. Attend coordination meetings with the architect and design team. 3. Create an existing conditions map from King County GIS. 4. Assist the Helix team in preparing a concept site plan. 5. Prepare concept level civil engineering plans including grading, drainage, water utilities, and sewer utilities. In addition, concept level storm drainage calculations will be prepared. 6. Prepare concept level road improvement plans for frontage roadways. 7. Prepare a narrative summarizing the design and potential issues and concerns. Recommendations Fask 11.2_c1) -•- Task l5 8. 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. AHBL Land Use Planning Services Feasibility Analysis (Task 11.2.c) --Task 32 Complete a land use evaluation of Site #4, including the following tasks: 9. Evaluate the properties' zoning and determine if the use is allowed in the zoning district. 10. 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. 11. Evaluate the bulk regulations that impact developable area. 12. Site plan/design requirements, including restrictions on development area, perimeter screening requirements, etc. 13. Evaluate the potential for nearby/adjacent critical areas through review of available GIS mapping and site visits. Prepare a Critical Areas Exhibit for the site. We do not anticipate hiring a biologist for confirmation of critical areas. 14. Evaluate the likely permitting process and schedule. 15. Prepare a summary of the land use findings in a memorandum. Provide rankings consistent with the selection criteria. 16. Prepare for and participate in a meeting with the City to review the findings of the feasibility study. 17. Coordinate with the design team during the course of site selection and feasibility. 18. Provide input on land use permit costs and impact fees. Recommendations {Task 11.2.di — Task 33 20. 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. William Fierst, PE I Principal AHBL, Inc. I TACOMA • SEATTLE SPOKANE • TRI-CITIES 253.383.2422 TEL 1 253,284.0209 DIRECT ti:-;j rstyY ,-iii) •cm-n EMAIL I Send us a file. Attachment 'E' From: Abhi Choukse <achoukse[@ocmi.com> Sent: Tuesday, July 20, 2021 11:36 AM To: Erik Prestegaard «rikp _ HeiixDesignGroup_net> Subject: RE: Federal Way 0&M Facilities Hi Erik, thanks for the call. As discussed, OCMI would not need any additional fee for the added option for site 4. Please let me know if you need anything else. Thank you, ABHI CHOUKSE CEP, VMA REGIONAL ESTIMATING MANAGER OCMI I Estimating • Scheduling • PM/CM 206.395.9738 ocmi.com I DVBE I SDVOSB Attachment 'F' July 20, 2021 Helix Design Group 6021 12th St. E Tacoma, WA 98424 Attention: Jeff Ryan Regarding: Fee Proposal — Mechancial and Electrical Engineering Services City of Federal Way Operations & Maintenance Facility Site Survey We are pleased to furnish this fee proposal for the mechancial and electrical engineering serivices for providing a site survey of the existing property located in Burien Washington. Our scope of services is to visit the site, review the exsiting MEP systems and services, and provide a report outlining these systems and providing recommedations as necessary. Fee A. Basis: Hourly not -to -exceed. No reimbursable expenses are anticipated for this project. B. Amount: We anticipate a fee of $4,800. We appreciate this opportunity to provide engineering services. Please let me know if you have any questions about this proposal. Sincerely, HARGIS ENGINEERS, INC. Robert Smith, PE Principal m:\gg.vol\admin.vol\fee\client (owner)\civic - public safety-administration\city of federal way\revised\20210720 federal way cps & maint study site survey fee .docx 1201 third avenue, suite 600 seattle, washington 98101 H A R G I S mechanical electrical telecommunications security July 19, 2021 Michael Lennon, MAI Valuation Specialist Direct (425) 736-7234 Michael.lennon@colliers.com Erik Prestegaard Helix Design Group 6021 12th Street East Tacoma, WA 98424 (253) 922-9037 ErikP@HelixDesignGroup.net RE: Appraisal of Site No. 4 - Jet Chevrolet Dear Mr. Prestegaard: Thank you for considering Colliers International Valuation & Advisory Services, LLC for the assignment identified in the below stated Professional Service Agreement. Please sign one copy of the agreement and return it to me, thereby indicating your authorization for us to proceed with this assignment and your acceptance of the attached Terms and Conditions. PROFESSIONAL SERVICE AGREEMENT ("Agreement") Project Site No. 4 - Jet Chevrolet ("Property") Location 35700 Enchanted Pkwy S, Federal Way, WA Parcel Nos.: 282104-9069 and 282104-9077 Project Description Car dealership and adjoining automotive/transmission shop. Parties Colliers International Valuation & Advisory Services, LLC ("CIVAS") and Erik Prestegaard, Helix Design Group (herein at times referred to as "Client") Intended User The appraisal will be prepared for Helix Design Group. No other users are intended. Intended Use The report to be performed under this Agreement ("Appraisal") is intended only for use in Internal Business Decisions. The report is not intended for any other use. Purpose As -Is Market Value. The appraisal report does not include a valuation of the personal property or gong concern. Type of Appraisal CIVAS will produce an Appraisal Report in which the appraiser's analysis and conclusions will be summarized within this document. Rights Appraised Fee Simple Date of Value Date of inspection Accelerating success. I Scope of Work CIVAS and/or its designated affiliate will provide the Appraisal in accordance with USPAP, the Code of Ethics and Certifications Standards of the Appraisal Institute, and State Licensing Laws. CIVAS will research relevant market data and perform analysis to the extent necessary to produce credible appraisal results. Based on our discussions with the Client, the Client has requested the following valuation scenarios: > As Is CIVAS anticipates developing the following valuation approaches: > Cost Approach > Sales Comparison Approach An interior observation of the subject property will be performed. The scope of work will be included in the Appraisal. A copy of the Assumptions and Limiting Conditions, which appear in the Appraisal, is available upon request. Delivery Final Appraisal: Delivered three (3) weeks from the date of authorization and receipt of property specific information. Prafessional Fee $4,500 Expenses Fees include all associated expenses. No. of Reports One (1) Electronic Appraisal. If hard copies are requested, the cost per copy is $100. Retainer A retainer of 50% of the fee is required prior to our proceeding. Retainer Remittance Options in order of quickest receipt: Wire instruction: Please email eliza.estrada@collie_rs.com with transmittal confirmation. JP Morgan Chase Bank, NA Chicago, IL 70-2322/719 Account Name: Colliers International Valuation & Advisory Services, LLC Account No. 899559074 ABA No. 021000021 ACH Payment Transit Routing Number: 071000013 Please include invoice number/property address in memo payment information. 2. Local deposit: You may deposit your check at a Chase branch if that is convenient for you. Please email Eliza Estrada for further instruction @ li 1' . .ca . 3. Temporary mailing address for checks: Colliers International Attn: ELIZA ESTRADA 851 SW Sixth Ave, Suite 200 Portland, OR 97204 Payment Terms CIVAS will invoice Client for the Appraisal in its entirety at the delivery of the appraisal. Final payment is due and payable within five (5) business days upon delivery of the electronic copy of the Final Appraisal. Acceptance Date These specifications are subject to modification if this Agreement is not accepted within three (3) business days from the date of this letter. Terms and Conditions The attached Terms and Conditions and Specific Property Data Request are deemed a part of this Agreement as though set forth in full herein. The following is a list of information needed to begin and complete our analysis. The Client signing this Agreement or the party sending the specific property data certifies that all the information provided is accurate and complete as of the date of this request, and that any updates, revisions or additional relevant information that comes into control or possession of the Client prior to the date on which the Appraisal is delivered shall be provided to CIVAS immediately. Please forward with the Agreement or as soon as possible. s Title Report (if available) Engineering studies, soil tests or environmental assessments (if available) r Ground lease (if applicable) Existing Building or Improvement Plans (if available) Property Condition Report (if available) Capital improvements history (2 years) & budget > Three year & YTD Income & Expenses Current Budget f Property Contact: Jeff Ryan, 253-380-3197 In addition to the items requested above, please forward any additional materials you would consider relevant in the analysis of the subject property. Reliance Language The Appraisal is for the sole use of the Client; however, Client may provide only complete, final copies of the Appraisal report in its entirety (but not component parts) to third parties who shall review such reports in connection with the stated Intended Use. CIVAS is not required to explain or testify as to appraisal results other than to respond to the Client for routine and customary questions. If you have questions regarding the enclosed, please feel free to contact me. CIVAS appreciates this opportunity to be of service to you on this assignment and looks forward to serving you. If you have additional questions, please contact us. I, Erik Prestegaard, agree to the above stated terms and authorize Colliers International Valuation & Advisory Services, LLC to prepare the above referenced appraisal. Date: Erik Prestegaard Helix Design Group Respectfully, Colliers International Valuation & Advisory Services, LLC Michael Lennon, MAI Valuation Specialist Direct (425) 736-7234 Michael.lennon@colliers.com Terms and Conditions "T&C" 1) The Appraisal will be subject to Colliers International Valuation & Advisory Services, LLC's ("CIVAS") Assumptions and Limiting Conditions that are incorporated into each appraisal, and any Extraordinary Assumptions and Hypothetical Conditions that may be incorporated into each appraisal. 2) Any capitalized, non -defined words shall have the same meaning as defined in the Agreement to which these T&Cs are attached. 3) Client is defined as the party signing the Agreement and shall be responsible for payment of the fees stipulated in the Agreement. Payment of the fee for the Appraisal is not contingent on the appraised value(s) or the outcome of the report(s). Additional fees will be charged on an hourly basis for any work that may exceed the scope of this proposal, including performing additional valuation scenarios, additional research, and conference calls, meetings, deposition preparation, deposition, trial testimony or travel that may exceed the time allotted by CIVAS for an assignment of this nature. If CIVAS is requested to cease working on the Appraisal for any reason prior to the completion of the appraisal(s), CIVAS will be entitled to bill the Client for the time spent to date at CIVAS' hourly rates for the personnel involved. The Client will be billed a minimum $500 or at a rate of $250 per hour for associate time, $300 per hour for valuation services director, $400 per hour for managing director, and $450 per hour for executive managing director. If the Client delays completion of the assignment beyond ninety (90) days, the fee may be renegotiated. This may result in the total fee exceeding the original agreed fee agreed upon cost. 4) Client agrees to pay all fees and expenses, including attorney's fees, incurred by CIVAS in connection with the collection or attempted collection of the fees and expenses. In the event Client fails to make payments when due and payable, the amount due shall bear interest at 1.5% per month or the maximum rate permitted in the state in which the CIVAS office executing the Agreement is located, whichever is lesser. 5) The fee is due upon delivery of the final report or within thirty (30) days of your receipt of the draft report, whichever is sooner. If a draft is requested, the fee is considered earned upon delivery of our draft report. 6) In the event that either party commences any legal action relating to the provisions of the Agreement, including collection, the prevailing party shall be entitled to its actual attorneys' fees and costs. The Agreement shall be governed by and construed in accordance with the laws of the state where the CIVAS office executing the Agreement is located. The venue of any action arising out of the Agreement shall be the county where the CIVAS office executing the Agreement is located. Client will have up to thirty (30) days from receipt of the Draft Appraisal to review and communicate its review to CIVAS. CIVAS reserves the right to bill Client for additional appraisal efforts that may arise from the Client not responding within with this time period. 7) CIVAS does not make any representation or warranty, express or implied, as to the accuracy or completeness of the information or the state of affairs of the Property furnished to CIVAS by Client. In the event that any such information is inaccurate, misleading or incomplete, CIVAS shall have no responsibility or liability for any matters relating thereto (whether to the Client or to any third party). 8) CIVAS shall have no responsibility for legal matters, questions of survey or title, soil or subsoil conditions, engineering, or other similar technical matters. The Appraisal will not constitute a survey of the Property analyzed. 9) Client shall provide CIVAS with such materials with respect to the Appraisal as requested by CIVAS and which are in the possession or under the control of Client. Client shall provide CIVAS with sufficient access to the Property to be analyzed and hereby grants permission for entry, unless discussed in advance to the contrary. 10) The data gathered in the course of the Appraisal (except data furnished by Client) and the Appraisal prepared pursuant to the Agreement are, and will remain, the property of CIVAS. With respect to data provided by Client, such data shall be confidential, and CIVAS shall not disclose any information identified as confidential furnished to CIVAS. Notwithstanding the foregoing, CIVAS is authorized by Client to disclose all or any portion of the Appraisal and the related data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable CIVAS to comply with the Bylaws and Regulations of such Institute as now or hereafter in effect. 11) Unless specifically noted, CIVAS does not assume any duty to analyze or examine the Property or adjacent property for the possible presence of toxic and/or hazardous substances or materials (including but not exclusive to asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), or the cost of encapsulation or removal thereof) and accepts no liability regarding the issue. If such materials exist, CIVAS defers to the expertise of professionals specifically trained in analyzing the cost to remediate, which will not be a part of the appraisal fee proposal. The Appraisal will contain a comprehensive disclaimer to this effect. 12) CIVAS understands that there is no major or significant deferred maintenance in the Property which would require the expertise of a professional cost estimator or contractor. If such repairs are needed, the estimates are to be prepared by others, and are not a part of the fee contemplated in the Agreement. 13) Client acknowledges that CIVAS is being retained hereunder as an independent contractor to perform the services described herein and nothing in the Agreement shall be deemed to create any other relationship between Client and CIVAS. The Agreement shall be deemed concluded and the services hereunder completed upon delivery to Client of the Appraisal discussed herein. 14) Client agrees that its only remedy for losses or damages relating to the Agreement shall be limited to the amount of the appraisal fee paid by the Client and in no circumstances shall CIVAS be liable for any losses or damages in excess of this amount. Should the Client, or any other entitled party, make a claim against CIVAS, its directors, officers, employees and other affiliates and shareholders, relating to this engagement or the appraisal(s), the maximum damages recoverable from CIVAS, its directors, officers, employees and other affiliates and shareholders, shall be the amount of funds actually collected by CIVAS under the Agreement, and no claim shall be made for any consequential or punitive damages. 15) If CIVAS or any of its employees receives a subpoena or other judicial notification to produce documents or provide testimony involving the Appraisal in connection with a lawsuit or related proceeding, CIVAS will notify the Client of receipt of the subpoena or notification. However, if CIVAS is not part of the lawsuit or proceedings, Client agrees to compensate CIVAS for the professional time required and to reimburse CIVAS for the expenses incurred in responding to any such subpoena or judicial notification, including any attorneys' fees, as they are incurred. CIVAS is to be compensated at the prevailing hourly rates of the personnel responding to the subpoena or command for testimony. 16) If expert witness testimony is required in connection with the Appraisal, the following hourly rates will apply. The Client will be billed at the rate of $250 per hour for associate time, $350 per hour for valuation services director, $400 per hour for managing director, and $450 per hour for executive managing director. The hourly billings pertain to court preparation, waiting and travel time, document review and preparation (excludes appraisal report) and all meetings related to court testimony. 17) Client shall indemnify and hold CIVAS, its parent, subsidiaries, affiliates, its officers, directors, employees and agents ("CIVAS Indemnities"), fully harmless against all losses, damages, claims, and expenses of any kind whatsoever (including costs and reasonable attorneys' fees), sustained or incurred by a third party as a result of the negligence or intentional acts or omissions of Client (including any failure to perform any duty imposed by law), any misrepresentation, distortion or if Client fails to provide complete and accurate information to CIVAS, for which recovery is sought against the CIVAS Indemnities; however, such obligation to defend and indemnify shall not apply to the extent caused by the negligent act or willful misconduct of CIVAS. Client shall indemnify and hold CIVAS Indemnities harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the Appraisal to any third party. LIMITATION OF L1ABILITY. EXCEPT FOR THE INDEMNIFICATION PROVISION ABOVE, ANYTHING IN THE AGREEMENT TO THE CONTRARY NOTWITHSTANDING, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER. 18) CIVAS agrees to maintain Professional Liability Insurance in the amount of $1,000,000 and General Liability insurance in the amount of $2,000,000, as well as Workers Compensation per local regulatory requirements. CIVAS will endeavor to provide Client with written notice regarding any cancellation of any such insurance. CIVAS will provide Client with certificates of insurance naming Client as an additional insured on the General Liability policy upon request. 19) The Appraisal and the name Colliers International Valuation & Advisory Services may not be used in any marketing or investment material or offering memoranda without CIVAS' prior written consent. CIVAS, its employees and appraisers have no liability to any recipients of any prepared material and disclaim all liability to any party other than the Client. 20) Unless CIVAS consents in writing, the Appraisal cannot be used by any party or for any purpose other than the Client for the purposes specified in the Agreement. Should the Client provide a copy of this Appraisal to any person or entity not authorized by CIVAS in writing, Client hereby agrees to hold CIVAS, its directors, officers, employees and other affiliates and shareholders, harmless from all damages, expenses, claims and costs, including any attorney's fees. The Client acknowledges that any opinions and conclusions expressed by the professionals of CIVAS pursuant to the Agreement are made as employees and not as individuals. CIVAS' responsibility is limited to the Client, and the use of the Appraisal or related product by third parties shall be solely at the risk of the Client and/or third parties. 21) The use of this appraisal shall be used only for the purpose as set forth in the Intended Use section of the Agreement. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOIYYYY) 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). CONTACT PRODUCER Liberty Mutual Insurance NAME,'__... .. PO Box 188065 p E �_, . 30r_9a'_71 i? FAx Fairfield, OH 45018 E44AIL ' — tAIC.?Inl• sos7-sa53 6s ADDRESS, Buslnes�Servi2t DLibertyMLitual corn INSURED Helix Design Group 6021 12th St E 201 Tacoma WA 98424 INSURER(SI AFFORDING COVERAGE NAICA INSURERA: WestAmerican Insurance Company 44393 INSURER B : Ohio Casualty Insurance Corrivanv 24074 COVERAGES CERTIFICATE NUMBER: 5832BO99 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. WSR jA0i7L SuaR POLICY EFP POLICY 6xP LIMITS TYPE OF INSURANCE tN POLICY NU14SER rmvfrMrYY WMrO01YYYY LTR A COMMERCIAL GENERAL LIABILITY ✓ BZW58046138 9/25/2020 9/25/2021 EACH OCCURRENCE $2.000.000 CLAJMS-MA13E ✓ OCCUR DAMAGE T(] 9ENTEG PREMISES (Ea occurrence) 1 $2 000.000 r Businessowners MED EXP (Any one person) s 15,000 - PERSONAL & ADV INJURY S2.000.000 - GE;iLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ✓ !E I__ _ LOG PRODUCTS - COMPIOPAGG $4.000.000 OTHER A AUTOMOBILELIABILRY BZW58046138 9/25/2020 9/25/2021 ,";alr',EWIw'''„-'LE -' s'- $2.000.000 ANY AUTO BODILY INJURY (Per person) 5 OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY _ AUTOS HIRED NON -OWNED gin.:=:are r.�ws.Irsti - AUTOS ONLY :_�_ AUTOS ONLY F ... d n. $ B ✓ UMBRELLA LIAB J OCCUR T • US058046138 9/25/2020 9/25I2021 EACH OCCURRENCE 5 2.000 01 EXCESS LIAS CLAIMS -MACE AGGREGATE 5?.DLD.70C CEC ' RET=MT:ON s0 $ A WORKERS COMPENSATION '. BZW58045138 912512020 9/25/2021 ''=R OTH- �A r u re- f R AND EMPLOYERS' UABILrrY Y A,4YPROr^Rf;-fORi'ABTNERtEXECUTIVE E.L_EACH ACCIDENT $ L000,000 OFFIC ER: ,LlEMB�R EXCLU DEDR I N / A [Mandatory in NH} Stop Gap E._L_ DISEASE -EA F;.M1PLOYEE: $2 Q[7fj 000 1t yes, describe under 0ESCRIP'T1CN OF Or'ERA TIONS below _ E-L 71SEAa'E - PCL:C'( OMIT S 6.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re Project Operations and Maintenance Facility Development :)i -- t• raS ':':!s Additional Insured if required by written contract or written agreement, SLLjecL tc Buscnessawners Liability Extension, Blanket Additional Insured PTovislon CERTIFICATE HOLDER CANCELLATION Cittyy of Federal Way 33325 - 8th Avenue South Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 Ratert 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.I. 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.i.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: m (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 Dedara- 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 surveyors rendering of or failure to render any professional services including: © 2016Liberty 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.I. 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 D.4. 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 CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. 0 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; f. 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, reaps. 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 liabi ity 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 JPASALATE CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)713012021 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 # OC36361 Seattle-Alliant Insurance Services, Inc. 1420 Fifth Ave 15th Floor Seattle, WA 98101 INSURED Helix Design Group, Inc. 6021 12th St East #201 Tacoma, WA 98424 CONTACT NAME, .PHONE /CC , Ext): (206) 204-9140 {AA;C, ND):(206) 204-9205 E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURER B : INSURER C INSURER E : INSURER F : OVERAGES CERTIFICATE NUMBER; RIEVISI.ON_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. iR.ADOLiSUf3R POLICY EFF POLICY EXP '13TYPE OF INSURANCE "D I WVD POLICY NUMBER LMM!I?WYVWl_ IMMIDD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY II I FACI i OCCUR ENCE $ CLAIMS -MADE OCCUR I DAMAtG_ 10 REN I tU PRFMl. •. --.=. nr.nl•rnncr,,! LAG GI i I= LIMIT APPLIES PER: POLICv .. PECT LOC AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AU��T��OppS ONLY AUppTOS AL1T080NLY AUT7�NLY UMBRELLA LIAB I I OCCUR EXCESS LIAB �—ll CLAIMS -MADE PERSONAL & ADV INJUF GEN ERAL AGGREGATE COMPIQP Ar,G 4E $ BODILY INJURY (Per D.-on) $ BODILY INJURY (Per accident) $ DED I RETENTION$ I WORKERS COMPENSATION PERTUTE OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ^ E.L. EACH ACCIDENT $ 111L-ER/MEMBER EXCLUDED? u N/A (Mandatory in NH) E L_ DISEASE - EA EMPLOYEE. $ If yes, describe under DESCRIPTION OF OPERATIONS below _ E.. L. DISEASE - POLICY LIMIT 1 $ A Prof/Pollution Liab AEH591932169 1 8/1/2021 8/1/2022 Each/Aggregate A Prof/Poll Liability AEH591932169 8/1/2021 8/1/2022 Ded Each Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations and Maintenance Facility Development Evidence of Professional/Pollution Liability coverage. CERTIFICATE HOLDER City of Federal Way 33325 - 8th Avenue South Federal Way, WA 98003-6325 ACORD 25 (2016/03) NCELLATI 75,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Sara Gilchrist From: Nancy Dennison <Nancyd@HelixDesignGroup.net> Sent: Tuesday, August 3, 2021 8:19 AM To: Erik Prestegaard Cc: Sara Gilchrist; Desiree Winkler Subject: Re: Amendment rry7 lT"Al r All VfA14"wrl This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Sara, I apologize for the lateness in replying. Been dealing with a family medical issue I notarized the document in "Pierce"county and I authorize you to add this missed item Please let me know if you need anything further Thank you "'Nancy M Dennison Helix Design Group, Inc. On Jul 30, 2021, at 4:45 PM, Erik Prestegaard <Erikp@helixdesigngroup.net> wrote: Hi, Sara! Sorry - I see that one. I'm copying our Accounting Manager, Nancy Dennison who's also our in-house Notary. I'm sure it will be OK, but Nancy will get back to you. Thank you. Best regards, Erik <image002.png> Erik Prestegaard erikDC&heI!xdesIgngroup. not Office (253) 922-9037 Direct (253) 275-6082 1 el ixdesigngrou p. net From: Sara Gilchrist <Sara.Gilchrist@cityoffederalway.com> Sent: Friday, July 30, 20214:23 PM To: Erik Prestegaard <Erikp@HelixDesignGroup.net> Cc: Desiree Winkler <Desiree.Winkler@cityoffederalway.com> Subject: Amendment 1 Good afternoon Erik, We received the signed Amendment in the mail, but I noticed the notary didn't fill in the County. I can add this in for her, but I'll need her written approval to do so. Would you be able to assist me with getting that? I'll need her to approve as well as confirm what county the signing happened in. Thanks, Sa.-a� Gi.(c i yt Administrative Assistant II <image003 jpg> Public Works Department 33325 8th Ave S, Federal Way, WA 98003 Desk: (253) 835-2706 * Fax: (253) 835-2709 Sara.giIchrist@cit of de..ralr,jz,7 v_ai,, cityoffederalway.ca rn 7/27/2021 Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: HELIX DESIGN GROUP, INC. Business name: HELIX DESIGN GROUP, INC. Entity type: UBI #: 602-622-111 Business ID: 001 Location ID: 0001 Location: Active Location address: 6021 12TH ST E STE 201 FIFE WA 98424-1376 Mailing address: 6021 12TH ST E STE 201 FIFE WA 98424-1376 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Expiration date First issuance dal Architect Firm 367 View Architects Active Jun-30-2022 Jul-11-2006 Federal Way General Business - Active Nov-30-2021 Nov-02-2020 Non -Resident Fife General Business Active Jun-30-2022 Jun-16-2015 University Place General Business Active Jun-30-2022 Feb-16-2012 - Non -Resident Governing Peopler�vav�nar..g+n«�dxa�ns.o.mry�fsam Governing people Title CATE, LOWELL MCKEAN, BRUCE G MCKEAN, CYNTHIA PRESEGAARD, ERIK Registered Trade Names Registered trade names Status hftps://secure.dor.wa.gov/gteunauth/­,/#3 First issued 1/2 7/27/2021 Registered trade names HELIX ARCHITECTURE HELIX DESIGN GROUP HELIX GRAPHICS HELIX INTERIORS Washington State Department of Revenue Status Active Active Active Active First issued Jan-16-2008 Jan-16-2008 Jan-16-2008 Jan-16-2008 The Business Lookup information is updated nightly. Search date and time: 7/27/2021 12:09:18 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/—,t#3 212 7/27/2021 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: 06/30/2022 Jurisdiction: UNITED STATES, WASHINGTON 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, 984024315, 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 https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 Celebrating 25 (ear; ,) 1994-2019 July 20, 2021 Ms. Desiree Winkler Deputy Director, Public Works Dept. City of Federal Way 33325 8th Avenue S. Federal Way, WA 98003 RE: Operations & Maintenance Facility Study. Dear Ms. Winkler: Helix design group Per your request, we have assessed the required effort to add a new site to our study. This site will, for the time being, be referred to as "Site 4" in order to keep the City's potential interest confidential at this time. We are pleased to provide the following proposal for your consideration. SCOPE OF WORK "Site 4" comprises two pieces of land: one owned by the current user, and includes an operations/commercial/shops building, and an adjacent site which is leased and accommodates a heavy equipment maintenance building. We will assess the site in terms of its ability to support the prototype site model ("test fit"); note deficiencies and recommend changes; asses condition of buildings and recommend improvements; and asses condition and possible re -use of existing maintenance equipment. All suggested improvements/changes/upgrades will be accompanied by a ROM cost estimate. The properties will also be apprised as to current value by a professional appraiser. A report on the process, findings and recommendations will be prepared and incorporated in the overall report which will include this study assessment. II. PROJECT TEAM Our proposed team members for this assignment include: Helix Design Group, Inc. (Att. 'A'): Pinnacle Consulting Group (Att. 'B'): AHBL, Inc. (Att.'C'): AHBL, Inc. (Att.'D'): OCMI (Att.'E'): Hargis Engineers, Inc. (Att. 'F'): Colliers International (Att.'G'): Prime Consultant Architecture: Planning Industrial Eng. Structural Engineering Civil Eng./Land Use Cost Estimating Mechanical & Electrical Engineering Real Estate Appraisal Services Notes: 1. Kidder Mathews recommends an independent appraiser in order to avoid possible future conflict of interest. For this reason, we have included Colliers International on our team. Collier's fees will be paid by Helix as re -allocated from Kidder Mathew's current authorization. 2. Structural engineering has not been required for previous portions of the study, but will be required for the Site 4 assessment. We have included services by AHBL's structural group. o:\03-fee proposals -con tracts\2020\a20-102 fed way osm facility\02-fee proposa0s\working\b1_federal way cps 6 maint facilityfee proposal workirg d— ARCHITECTURE INTERIORS GRAPHICS PLANNING 6021 12th Street East. Suite 201, Tacoma, WA 98424-1308 (253) 92?-9037 ww N helixdesigngroup net 3. Proposals have been included for AHBL's civil engineering services, OCMI's cost estimating and for Pinnacle's industrial engineering work, but for scope only. AHBL's , OCMI's and Pinnacle's current fee authorizations are sufficient to cover Site 4 work. III, FEES Please refer to Attachments 'A' through 'G' for individual proposal, with only 'A', 'C', 'F' and 'G' include fees. Our proposed fees for the Site 4 study, additional to the current contract amount, are as follows: Architecture (Att. 'A'): Structural Eng. (Att. 'C'): M/E/P Eng. (Att. 'F'): Sub -total: Helix Mark-up @ 10%: Total, Sub -Consultants: TOTAL REQUESTED: $4,000 4,800 $8,800 880 $20,432 $ 9,680 $30,112 Appraisal Services (Attachment'G') by Colliers International to be covered by re -allocating fees from Kidder Mathews' allocation: Attachment 'G': Helix Mark-up @ 10%: Total: All fees will be invoiced on an hourly basis, at standard rates (as shown). We hope this proposal is acceptable. If you have any questions, please let us know. Sincerely yours, HELIX DESIGN GROUP, INC. Erik Prestegaard Principal Attachments ARCHITECTURE INTERIORS GRAPHICS PLANNING $4,500 450 $4,950 6021 12th Street East, Suite 201, Tacoma, WA 98424-1308 (253) 922-9037 www helixdesigngroup net ATTACHMENT A Federal Way O & M Facility Helix W."24 Architectural Design Tasks/Federal Way O&M Facility Study/Site 4- dos Q rt r D "" N •� I -- Architectural Tasks mmmmmmm T, An �In CiF nA Cl An nn Cl.ln. nn ClAnm CAR nA Infnl 1 Information gathering a review (drwgs./etc.) 4 6 4 $ 2,240 2 Field reviews/investigations 8 8 $ 2,400 3 Assess suitability (test fit prototype lay -out) 2 10 6 $ 2,800 4 Assess conditiones & improvement needs 2 10 6 $ 2,800 5 Coordinate team 20 $ 3,200 6 Weekly weekings w/client (Bea) 8 10 8 $ 4,160 7 Prepare report 2 8 4 2 $ 2,330 total hours 18 72 36 0 0 2 128 Total Architectural Service $ 3,240.00 $ 11,520.00 $ 5,040.00 $ $ $ 130.00 S 20.320,00 ,Travel Costs trips miles Mileage 10 20 $ 0.560 per mile Total Travel Costs Reproduction Prints, copies, etc., Misc. Allowance Total Expenses total mileage 112 112 Subtotal Expenses Helix mark-up @ 10% $ Page 1 7/20/2021 Helix Design Group Attachment 'Bf From: Frank Coleman Jr. (Pinnacle Consulting Group, Inc.) <fcoleman@pinnadeRrp.com> Sent: Friday, July 16, 2021 10:54 AM To: Erik Prestegaard <Erikp@HelixDesignGroup.net>; Jeff Ryan <JeffR@HelixDesiRnGroup.net> Cc: Lowell Cate <Lowellc@HelixdesienGroup.net>; Matt Fickel (Pinnacle Consulting Group, Inc.) <mfi�kelpi nnaclegrp.com> Subject: RE: Federal Way O&M Facilities J eff, We still have about $7,000 fee that can be applied to this task. We see the Statement of Work for assessment of the "Site Vas the following: 1. Site visit to review the facilities, parts area, shop spaces. 2. Review site configuration for equipment staging/parking and vehicle flow 3. Picture documentation of the existing service/support equipment and yard areas. 4. Write upon our assessment of equipment/spaces ability to support Federal Way O&M operations to help with costing. 5. Support the cost estimating effort. Exclusions: A. Condition assessment of MEP, example, compressor/piping condition/exhaust systems B. Office and support spaces Let me know if you have any questions or need any clarification's. Sincerely, Frank E. Coleman Jr. President ('1 N NACLE 114 Ave C, STE 102, Snohomish, WA 98290 P: 360.563.7401 C: 206.459.1193 Celebrating our 31st Year Notice This message (including any and all attachments) contains confidential information intended for a specific individual and purpose, and is protected by law If you are not the intended recipient, you should delete this message, and any disclosure, copying, or distribution of this message or the information contained herein is prohibited The taking of any action based upon this information is a violation of law Attachment 'C' AUTHORIZATION FOR SERVICES TO: Erik Prestegaard / Jeff Ryan DATE: Helix Design Group PROJECT NO.: EMAIL: Erikp@HelixDesignGroup.net jeffr@helixdesigngroup.net SERVICES PROVIDED: ❑ Civil Engineering ® Structural Engineering DESCRIPTION OF WORK: The following services have been requested: PROJECT NAME SUBJECT: ❑ Land Use Planning mamma July 16, 2021 2200572.20 Federal Way O&M Facility Option 4 Structural Evaluation ❑ Landscape Architecture ❑ Land Surveying • Structural evaluation of (2) existing building structures associated with the Federal O&M Facility Option 4 / Site 4 plans. • The project scope will involve visiting the project site to review the existing building structures and developing a list of likely deficiencies as well as required upgrades. Our findings will be used for preliminary cost estimating purposes. • Deliverables will include a memorandum of findings. • We can bill our engineering effort on a time and expense basis against the noted allowance. BILLING SUMMARY: M Time and Expense (estimate): $4,000 ❑ Fixed Fee Amount: AGREEMENT: 1 Client authorizes the above -specified services and agrees to pay for these services in the amount stated above within 30 days of receiving each invoice. If payment is not received by AHBL within sixty (60) calendar days of the date of the invoice, the Client shall pay an additional charge of one -and -one-half percent of the PAST DUE amount per month. 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. 2 Client agrees to limit the liability of AHBL to Client arising from professional acts, errors, or omissions of AHBL and for liability arising out of or relating to this Agreement, such that the total aggregate liability of AHBL, including attorneys' fees awarded pursuant to this Agreement, shall not exceed Fifty Thousand U.S. Dollars ($50,000) or the total compensation paid by Client to AHBL for the services rendered under this Agreement, whichever is greater. 3 If the services include surveying of utilities, the Client understands and agrees that the existence and location of any underground utilities are derived from a combination of utility locator service markings and as -built and/or utility design drawings provided by others. AHBL does not represent or guarantee that all underground utilities that may exist within the site have been shown or have been shown accurately. 4. If the services include preparation of construction documents and/or performance of periodic observations of construction, the Client agrees that AHBL shall have no responsibility for construction means, methods, techniques, sequences or procedures or for construction jobsite safety, and the Client agrees that AHBL shall not be liable for the failure of any contractor to construct in accordance with the construction documents. 5. AHBL's services are intended solely for the benefit of the Client and are not intended to create any rights or benefits for any other person or entity. Use by any other person or entity or on any other project shall be at the user's sole risk and without liability on the part of AHBL or the professional whose stamp and signature appear on the documents. 6. Unless stated otherwise, AHBL's receipt of a signed copy of this Authorization for Services shall constitute its notice to proceed with performance. If AHBL has not received a signed copy of this Authorization for Services within fifteen (15) days of the date stated at the top of the form, the proposal to perform the services shall be deemed withdrawn. Page 1 of 2 Client Purchase Order No: Client Name: Signature: Printed NameITitle: AHBL Project Mgr. Signature: AHBL Proj. Mgr. Printed Name 2215 North 30^ Street, Suite 300 Tacoma, WA 98403-3350 253.383.2422 , c: Accounting ADM/ Andrew McEachern. P.E.. S.E. 12000 Avenue, Suite 1620 Seatlle,WA 98101-3117 206.267.2425 - O:\2020\2200572\20_STR\NON_CAD\2200572 authOl - Option 4 Evaluation.docx Date: Date: 7/16/2021 ❑ ❑ 827 West First Avenue, Suite 220 5804 Road 90, Suite H Spokane,WA 99201-3904 Pasco, WA99301-8551 509.252.5019 - 509.380.5883 Authorization for Services Page 2 of 2 Federal Way O&M Facility [DIDION 2200572.20 Attachment 'D' From: William Fierst <WFierst@AHBL.com> Sent: Wednesday, July 21, 2021 2:41 PM To: Erik Prestegaard <Erikp@HelixDesienGroup.net> Cc: Lisa Klein <LK1ein AHBL.com> Subject: RE: Federal Way O&M Facilities Erik, As discussed, AHBL will not require further civil engineering and land use planning fees for Site #4. Our Site #4 scope follows. Please let us know if you have any questions or concerns. AHBL Civil Engineering Services Feasibility Analysis (Task 11.2.c) — Task 14 Complete a civil engineering evaluation of Site #4, including the items listed below. We understand Site #4 will be preliminarily reviewed. Concept level civil engineering site plans, calculations, and a narrative will be prepared for Site #4. 1. Research stormwater, utility, and roadway codes. Attend meetings with City of Federal Way and Lakehaven Utility District to discuss project requirements. 2. Attend coordination meetings with the architect and design team. 3. Create an existing conditions map from King County GIS. 4. Assist the Helix team in preparing a concept site plan. 5. Prepare concept level civil engineering plans including grading, drainage, water utilities, and sewer utilities. In addition, concept level storm drainage calculations will be prepared. 6. Prepare concept level road improvement plans for frontage roadways. 7. Prepare a narrative summarizing the design and potential issues and concerns. Recommendations (Task 11.2.d) —Task 15 8. 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. AHBL Land Use Planning Services Feasibility Analvsis (Task 11.2.c) —Task 32 Complete a land use evaluation of Site #4, including the following tasks: 9. Evaluate the properties' zoning and determine if the use is allowed in the zoning district. 10. 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. 11. Evaluate the bulk regulations that impact developable area. 12. Site plan/design requirements, including restrictions on development area, perimeter screening requirements, etc. 13. Evaluate the potential for nearby/adjacent critical areas through review of available GIS mapping and site visits. Prepare a Critical Areas Exhibit for the site. We do not anticipate hiring a biologist for confirmation of critical areas. 14. Evaluate the likely permitting process and schedule. 15. Prepare a summary of the land use findings in a memorandum. Provide rankings consistent with the selection criteria. 16. Prepare for and participate in a meeting with the City to review the findings of the feasibility study. 17. Coordinate with the design team during the course of site selection and feasibility. 18. Provide input on land use permit costs and impact fees. Recommendations (Task 11.2.d)—Task 33 20. 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. William Fierst, PE I Principal AHBL, Inc. I TACOMA • SEATTLE • SPOKANE • TRI-CITIES 253.383.2422 TEL 1 253.284.0209 DIRECT I vvfierstQahhl.Cum EMAIL I Send us a file. Attachment 'E' From: Abhi Choukse <achaukse@ocmi.com> Sent: Tuesday, July 20, 2021 11:36 AM To: Erik Prestegaard <ErikpPHekx0esipnGroup.net> Subject: RE: Federal Way O&M Facilities Hi Erik, thanks for the call. As discussed, OCMI would not need any additional fee for the added option for site 4. Please let me know if you need anything else. Thank you, ABHI CHOUKSE OCMI I Estimating • Scheduling • PM/CM CEP, VMA 206.395.9738 REGIONAL ESTIMATING MANAGER ocmi.com I DVBE I SDVOSB Attachment 'F' July 20, 2021 Helix Design Group 6021 12" St. E Tacoma, WA 98424 Attention: Jeff Ryan Regarding: Fee Proposal — Mechancial and Electrical Engineering Services City of Federal Way Operations & Maintenance Facility Site Survey We are pleased to furnish this fee proposal for the mechancial and electrical engineering serivices for providing a site survey of the existing property located in Burien Washington. Our scope of services is to visit the site, review the exsiting MEP systems and services, and provide a report outlining these systems and providing recommedations as necessary. Fee A. Basis: Hourly not -to -exceed. No reimbursable expenses are anticipated for this project. B. Amount: We anticipate a fee of $4,800. We appreciate this opportunity to provide engineering services. Please let me know if you have any questions about this proposal. Sincerely, HARGIS ENGINEERS, INC. Robert Smith, PE Principal m:\gg.vol\admin.vol\fee\client (owner)\civic - public safety-administration\city of federal way\revised\20210720 federal way cps & maint study site survey fee .docx 1201 third avenue, suite 600 seartle, washington 98101 It 206.448 3376 w hargis biz H A R G I S mechanical electrical telecommunications Beaulty energy July 19, 2021 Michael Lennon, MAI Valuation Specialist Direct (425) 736-7234 Michael.lennon@colIiers.com Erik Prestegaard Helix Design Group 6021 12th Street East Tacoma, WA 98424 (253) 922-9037 ErikP@HelixDesignGroup.net RE: Appraisal of Site No. 4 - Jet Chevrolet Dear Mr. Prestegaard: Thank you for considering Colliers International Valuation & Advisory Services, LLC for the assignment identified in the below stated Professional Service Agreement. Please sign one copy of the agreement and return it to me, thereby indicating your authorization for us to proceed with this assignment and your acceptance of the attached Terms and Conditions. Project Site No. 4 - Jet Chevrolet ("Property") Location 35700 Enchanted Pkwy S, Federal Way, WA Parcel Nos.: 282104-9069 and 282104-9077 Project Description Car dealership and adjoining automotive/transmission shop. Parties Colliers International Valuation & Advisory Services, LLC ("CIVAS") and Erik Prestegaard, Helix Design Group (herein at times referred to as "Client") Intended User The appraisal will be prepared for Helix Design Group. No other users are intended. Intended Use The report to be performed under this Agreement ("Appraisal") is intended only for use in Internal Business Decisions. The report is not intended for any other use. Purpose As -Is Market Value. The appraisal report does not include a valuation of the personal property or going concern. Type of Appraisal CIVAS will produce an Appraisal Report in which the appraiser's analysis and conclusions will be summarized within this document. Rights Appraised Fee Simple Date of Value Date of inspection Accelerating success. Scope of Work CIVAS and/or its designated affiliate will provide the Appraisal in accordance with USPAP, the Code of Ethics and Certifications Standards of the Appraisal Institute, and State Licensing Laws. CIVAS will research relevant market data and perform analysis to the extent necessary to produce credible appraisal results. Based on our discussions with the Client, the Client has requested the following valuation scenarios: > As Is CIVAS anticipates developing the following valuation approaches: > Cost Approach > Sales Comparison Approach An interior observation of the subject property will be performed. The scope of work will be included in the Appraisal. A copy of the Assumptions and Limiting Conditions, which appear in the Appraisal, is available upon request. Delivery Final Appraisal: Delivered three (3) weeks from the date of authorization and receipt of property specific information. Professional Fee $4,500 Expenses Fees include all associated expenses. No. of Reports One (1) Electronic Appraisal. If hard copies are requested, the cost per copy is $100. Retainer A retainer of 50% of the fee is required prior to our proceeding. Retainer Remittance Options in order of quickest receipt: 1. Wire instruction: Please email eliza.estr-ada@colliers.com with transmittal confirmation. IP Morgan Chase Bank, NA Chicago, IL 70-2322/719 Account Name: Colliers International Valuation & Advisory Services, LLC Account No. 899559074 ABA No. 021000021 ACH Payment Transit Routing Number: 071000013 Please include invoice number/property address in memo payment information. 2. Local deposit: You may deposit your check at a Chase branch if that is convenient for you. Please email Eliza Estrada for further instruction @ eliza.estradatzcolliers.com. 3. Temporary mailing address for checks: Colliers International Attn: ELIZA ESTRADA 851 SW Sixth Ave, Suite 200 Portland, OR 97204 Payment Terms CIVAS will invoice Client for the Appraisal in its entirety at the delivery of the appraisal. Final payment is due and payable within five (5) business days upon delivery of the electronic copy of the Final Appraisal. Acceptance Date These specifications are subject to modification if this Agreement is not accepted within three (3) business days from the date of this letter. Terms and Conditions The attached Terms and Conditions and Specific Property Data Request are deemed a part of this Agreement as though set forth in full herein. The following is a list of information needed to begin and complete our analysis. The Client signing this Agreement or the party sending the specific property data certifies that all the information provided is accurate and complete as of the date of this request, and that any updates, revisions or additional relevant information that comes into control or possession of the Client prior to the date on which the Appraisal is delivered shall be provided to CIVAS immediately. Please forward with the Agreement or as soon as possible. Title Report (if available) Engineering studies, soil tests or environmental assessments (if available) Ground lease (if applicable) Existing Building or Improvement Plans (if available) Property Condition Report (if available) Capital improvements history (2 years) & budget Three year & YTD Income & Expenses Current Budget Property Contact: Jeff Ryan, 253-380-3197 In addition to the items requested above, please forward any additional materials you would consider relevant in the analysis of the subject property. Reliance Language The Appraisal is for the sole use of the Client; however, Client may provide only complete, final copies of the Appraisal report in its entirety (but not component parts) to third parties who shall review such reports in connection with the stated Intended Use. CIVAS is not required to explain or testify as to appraisal results other than to respond to the Client for routine and customary questions. If you have questions regarding the enclosed, please feel free to contact me. CIVAS appreciates this opportunity to be of service to you on this assignment and looks forward to serving you. If you have additional questions, please contact us. I, Erik Prestegaard, agree to the above stated terms and authorize Colliers International Valuation & Advisory Services, LLC to prepare the above referenced appraisal. Date: Erik Prestegaard Helix Design Group Respectfully, Colliers International Valuation & Advisory Services, LLC Michael Lennon, MAI Valuation Specialist Direct (425) 736-7234 Michael.lennon@colliers.com Terms and Conditions "T&C" 1) The Appraisal will be subject to Colliers International Valuation & Advisory Services, LLC's ("CIVAS") Assumptions and Limiting Conditions that are incorporated into each appraisal, and any Extraordinary Assumptions and Hypothetical Conditions that may be incorporated into each appraisal. 2) Any capitalized, non -defined words shall have the same meaning as defined in the Agreement to which these T&Cs are attached. 3) Client is defined as the party signing the Agreement and shall be responsible for payment of the fees stipulated in the Agreement. Payment of the fee for the Appraisal is not contingent on the appraised value(s) or the outcome of the report(s). Additional fees will be charged on an hourly basis for any work that may exceed the scope of this proposal, including performing additional valuation scenarios, additional research, and conference calls, meetings, deposition preparation, deposition, trial testimony or travel that may exceed the time allotted by CIVAS for an assignment of this nature. If CIVAS is requested to cease working on the Appraisal for any reason prior to the completion of the appraisal(s), CIVAS will be entitled to bill the Client for the time spent to date at CIVAS' hourly rates for the personnel involved. The Client will be billed a minimum $500 or at a rate of $250 per hour for associate time, $300 per hourfor valuation services director, $400 per hour for managing director, and $450 per hourfor executive managing director. If the Client delays completion of the assignment beyond ninety (90) days, the fee may be renegotiated. This may result in the total fee exceeding the original agreed fee agreed upon cost. 4) Client agrees to pay all fees and expenses, including attorney's fees, incurred by CIVAS in connection with the collection or attempted collection of the fees and expenses. In the event Client fails to make payments when due and payable, the amount due shall bear interest at 1.5% per month or the maximum rate permitted in the state in which the CIVAS office executing the Agreement is located, whichever is lesser. 5) The fee is due upon delivery of the final report or within thirty (30) days of your receipt of the draft report, whichever is sooner. If a draft is requested, the fee is considered earned upon delivery of our draft report. 6) In the event that either party commences any legal action relating to the provisions of the Agreement, including collection, the prevailing party shall be entitled to its actual attorneys' fees and costs. The Agreement shall be governed by and construed in accordance with the laws of the state where the CIVAS office executing the Agreement is located. The venue of any action arising out of the Agreement shall be the county where the CIVAS office executing the Agreement is located. Client will have up to thirty (30) days from receipt of the Draft Appraisal to review and communicate its review to CIVAS. CIVAS reserves the right to bill Client for additional appraisal efforts that may arise from the Client not responding within with this time period. 7) CIVAS does not make any representation or warranty, express or implied, as to the accuracy or completeness of the information or the state of affairs of the Property furnished to CIVAS by Client. In the event that any such information is inaccurate, misleading or incomplete, CIVAS shall have no responsibility or liability for any matters relating thereto (whether to the Client or to any third party). 8) CIVAS shall have no responsibility for legal matters, questions of survey or title, soil or subsoil conditions, engineering, or other similar technical matters. The Appraisal will not constitute a survey of the Property analyzed. 9) Client shall provide CIVAS with such materials with respect to the Appraisal as requested by CIVAS and which are in the possession or under the control of Client. Client shall provide CIVAS with sufficient access to the Property to be analyzed and hereby grants permission for entry, unless discussed in advance to the contrary. 10) The data gathered in the course of the Appraisal (except data furnished by Client) and the Appraisal prepared pursuant to the Agreement are, and will remain, the property of CIVAS. With respect to data provided by Client, such data shall be confidential, and CIVAS shall not disclose any information identified as confidential furnished to CIVAS. Notwithstanding the foregoing, CIVAS is authorized by Client to disclose all or any portion of the Appraisal and the related data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable CIVAS to comply with the Bylaws and Regulations of such Institute as now or hereafter in effect. 11) Unless specifically noted, CIVAS does not assume any duty to analyze or examine the Property or adjacent property for the possible presence of toxic and/or hazardous substances or materials (including but not exclusive to asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), or the cost of encapsulation or removal thereof) and accepts no liability regarding the issue. If such materials exist, CIVAS defers to the expertise of professionals specifically trained in analyzing the cost to remediate, which will not be a part of the appraisal fee proposal. The Appraisal will contain a comprehensive disclaimer to this effect. 12) CIVAS understands that there is no major or significant deferred maintenance in the Property which would require the expertise of a professional cost estimator or contractor. If such repairs are needed, the estimates are to be prepared by others, and are not a part of the fee contemplated in the Agreement. 13) Client acknowledges that CIVAS is being retained hereunder as an independent contractor to perform the services described herein and nothing in the Agreement shall be deemed to create any other relationship between Client and CIVAS. The Agreement shall be deemed concluded and the services hereunder completed upon delivery to Client of the Appraisal discussed herein. 14) Client agrees that its only remedy for losses or damages relating to the Agreement shall be limited to the amount of the appraisal fee paid by the Client and in no circumstances shall CIVAS be liable for any losses or damages in excess of this amount. Should the Client, or any other entitled party, make a claim against CIVAS, its directors, officers, employees and other affiliates and shareholders, relating to this engagement or the appraisal(s), the maximum damages recoverable from CIVAS, its directors, officers, employees and other affiliates and shareholders, shall be the amount of funds actually collected by CIVAS under the Agreement, and no claim shall be made for any consequential or punitive damages. 15) If CIVAS or any of its employees receives a subpoena or other judicial notification to produce documents or provide testimony involving the Appraisal in connection with a lawsuit or related proceeding, CIVAS will notify the Client of receipt of the subpoena or notification. However, if CIVAS is not part of the lawsuit or proceedings, Client agrees to compensate CIVAS for the professional time required and to reimburse CIVAS for the expenses incurred in responding to any such subpoena or judicial notification, including any attorneys' fees, as they are incurred. CIVAS is to be compensated at the prevailing hourly rates of the personnel responding to the subpoena or command for testimony. 16) If expert witness testimony is required in connection with the Appraisal, the following hourly rates will apply. The Client will be billed at the rate of $250 per hour for associate time, $350 per hour for valuation services director, $400 per hour for managing director, and $450 per hour for executive managing director. The hourly billings pertain to court preparation, waiting and travel time, document review and preparation (excludes appraisal report) and all meetings related to court testimony. 17) Client shall indemnify and hold CIVAS, its parent, subsidiaries, affiliates, its officers, directors, employees and agents ('CIVAS Indemnities"), fully harmless against all losses, damages, claims, and expenses of any kind whatsoever (including costs and reasonable attorneys' fees), sustained or incurred by a third party as a result of the negligence or intentional acts or omissions of Client (including any failure to perform any duty imposed by law), any misrepresentation, distortion or if Client fails to provide complete and accurate information to CIVAS, for which recovery is sought against the CIVAS Indemnities; however, such obligation to defend and indemnify shall not apply to the extent caused by the negligent act or willful misconduct of CIVAS. Client shall indemnify and hold CIVAS Indemnities harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the Appraisal to any third party. LIMITATION OF LIABILITY. EXCEPT FOR THE INDEMNIFICATION PROVISION ABOVE, ANYTHING IN THE AGREEMENT TO THE CONTRARY NOTWITHSTANDING, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER. 18) CIVAS agrees to maintain Professional Liability Insurance in the amount of $1,000,000 and General Liability insurance in the amount of $2,000,000, as well as Workers Compensation per local regulatory requirements. CIVAS will endeavor to provide Client with written notice regarding any cancellation of any such insurance. CIVAS will provide Client with certificates of insurance naming Client as an additional insured on the General Liability policy upon request. 19) The Appraisal and the name Colliers International Valuation & Advisory Services may not be used in any marketing or investment material or offering memoranda without CIVAS' prior written consent. CIVAS, its employees and appraisers have no liability to any recipients of any prepared material and disclaim all liability to any party other than the Client. 20) Unless CIVAS consents in writing, the Appraisal cannot be used by any party or for any purpose other than the Client for the purposes specified in the Agreement. Should the Client provide a copy of this Appraisal to any person or entity not authorized by CIVAS in writing, Client hereby agrees to hold CIVAS, its directors, officers, employees and other affiliates and shareholders, harmless from all damages, expenses, claims and costs, including any attorney's fees. The Client acknowledges that any opinions and conclusions expressed by the professionals of CIVAS pursuant to the Agreement are made as employees and not as individuals. CIVAS' responsibility is limited to the Client, and the use of the Appraisal or related product by third parties shall be solely at the risk of the Client and/or third parties. 21) The use of this appraisal shall be used only for the purpose as set forth in the Intended Use section of the Agreement. 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. Bi': 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 NAME OF CONTRACTOR: Helix Design Group, Inc. ADDRESS: 6021 12th Street E. Suite 201 Fife, WA 98424-1376 TELEPHONE: 253 922-9037 E-MAIL: erik.p@helixdesignciroup.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: 12/31/2021 i. 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: _ 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED in PURCHASING: PLEASE CHARGE TO: D36610-24110 �. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER 6 DEPUTY DIRECTOR 6 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT INITIAL / DATE REVIEWED DSW 10/21120 EJW 10/26/20 ER 10/23/2020 INITIAL / DATE APPROVED 0. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: n/a COMMITTEE APPROVAL DATE: n/a SCHEDULED COUNCIL DATE: n/a COUNCIL APPROVAL DATE: Na 1. CONTRACT SIGNATURE ROUTING (( `l I Z I ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �1 12-� Li DATE REC, D: 2-0 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT LAW DEPT Wkk IGNATORY (MAYOR OR DIRECTOR) CITY CLERKe55' ❑ ASSIGNED AG # AG ❑ SIGNED COPY RETURNED DA :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 w v cJ"�fea%ra1wey 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.: Erik Prestegaard 6021 12t" Street E, Suite 201 Fife, WA 98424-1376 (253) 922-9037 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Desiree S. Winkler, P.E. 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2711 (telephone) Desiree.winkler(a�cityoffedera com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 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 F e d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wmv. 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&afway_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 qrr or Federal Way CITY HALL 33325 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 FederalAN Feder l Avenue South 4! 8003 Federal Way, WA 98003 6325 (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 FEDERAL WAY: Jim FXr,011, Mayor V DATE: HELIX DESIGN GROUP, INC.: By: Printed Name: xSqP-1A—' f 26- 7 AF- ! �7� Title: PR411C/1PiF-- DATE: 0-9 Ae.;t-o STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: (�", W�", 1% Si6hAnie Courtney, CM ity Clerk APPROVED AS TO FORM: c J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the fj el)L 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 Deco 20Z Notary's signature Notary's printed name.-2-- Tammy vt� L . 1i11 L Wood Notary Public in and for the tate Washington. Notary PublicState o1 Washington My commission expires 1 l L?pif 2�) MCommas onNumy APPo(niment s 11/18/2*23 Number PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 3/2017 CITY OF CITY HALL �•.:.� r Avenue South Federal ra I Way Federal Way. WA 98003-6325 (253) 835-7000 WoW.. cif yoffederahmy Com EXHIBIT A SERVICES 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 Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederaMW_ 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 presented as "Approach to Work" in our original "Statement of Qualifications." It addresses Phase 1 of the Operations & Maintenance Facility Development Project, in two specific tasks: • Task 1- Needs Assessment • Task 2 - Site Selection Sub -tasks are as follows: Phase 1 Task 1 Needs Assessment Our proposed tasks to complete the needs assessment are outlined below. Information Gathering The first step is the information gathering phase where we introduce our team to City Staff and other key stakeholders to gather information and gain a thorough understanding of 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 perceived risks for the project so that our approach can incorporate the mitigation of those risks. During the information gathering phase we will: • Establish keydecisionmakersandlines ofcommunication. • Discuss our proposed process and the overall timeline. • Gain a thorough understanding of the key objectives, challenges, and criteria. • Review existing operations and facilities program information to identify current and projected operational needs. • Gather and review comparable operations and maintenance facilities data. • Review the potential budget. • Review standards, codes andjurisdictionalrequirements. • Develop the baseline design criteria to use in testing prospective site fundamentals and site concepts. Our goal for the information gathering phase is to establish programmatic baselines and ensure that City Staff and the design team are clear and confident in the process moving forward. i� � �Cii�� i'fi L Programming In this step we use the information we have gathered from the previous phase to develop the concept program — using the full development potential to understand area requirements for projected growth at full build -out. During the programming phase we will: • Meet with staff user groups to review their workflow, operations schedules and needs. • 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 review and comment. • Record the functions and adjacencies that will be required for the consolidated facility and develop concept strategies. At the end of this phase we will synthesize all information gathered to define and document the programmatic requirements that will then be integrated into future phases. Concept Development Next we will work with our design team to develop a preferred concept site plan that includes building areas, parking, circulation, etc., and that also includes projections to the defined planning horizon. During concept development our team will: Lead a brainstorming session, or design charrette, with City staff and the design team to kick-off concept development and explore options. Conduct design team evaluation of the conceptual layout to determine preliminary requirements for the facility including: access and security requirements, circulation, parking (POV & equipment), fueling options, utility service needs, potential structural framing systems and building span limitations, etc. Work with City Staff to develop a final ideal concept site plan that will become the basis for test fits on selected sites. This phase will wrap-up with a needs assessment report 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 Phase 1 Task 2 Site Selection Our proposed tasks to complete site selection are outlined below. Site Selection Criteria To kick-offsite selection, we will use the program information and concept plan from the previous task to develop a set of site selection criteria including but not limited to: • Potential development cost • Property size and configuration. • Zoning • Ease of access to all parts of the city • Existing land use on and around site • Topography • Utilities needs Property Search Next we will utilize the site selection criteria and concept site plan for evaluating potential site suitability. We will work with our real estate and land use consultants to identify properties that best meet the needs looking at both City owned and privately owned sites. We will work to assemble property data for the potential sites including, but not limited to: • Property zoning information and a determination if the use is allowed within the district • Adjacent land uses and zoning • Bulk regulations that impact develop -able area • Availability of utilities • Potential for critical areas • Environmental considerations (geology, habitat, cultural/historical, env. justice) • 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. y ' Approat f t ) f '����T u'r ' The sites will be more intensively reviewed by our entire design and consulting team regarding technical issues and site characteristics. Design alternatives will be explored for each and content will be created including: • Existing conditions base map from King County GIS • Concept site plans • Vehicle turning movement diagrams • Concept level civil plans including grading, drainage, storm system sizing, and water/sewer utilities • Concept road improvement plans forfrontage roadways • Discipline and consultant narratives summarizing the designs and any potential issues or concerns 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 contractor mark-ups, B+O Tax, and cost escalators. To the construction costs, we will also add line items for other project -related soft costs, which include tax FF&E (fixtures, furnishings, and equipment), design fees, impact fees, and Owner contingency. Additionally our cost estimator will formalize the economic impact analysis based on information gathered during the property search process. Recommendation We will wrap up this phase of the project with a collaborative presentation of the design alternatives, an outline of the advantages and disadvantages of each along with costs to City Staff in order to determine the most preferred site. We will update the drawings and narratives based on decisions and then update the cost estimate. We will organize and deliver all of the project data into a formal feasibility study report. HELIX DESIGN GROUP, INC. City of Federal Way I 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'): Pinnacle Consulting Group (Att. 'B'): Kidder Mathews (Att. 'C'): AHBL, Inc. (Att. 'D'): OCMI (Att.'E'): Prime Consultant Architecture; Planning Industrial Eng. Real Estate Specialists Civil Eng./Land Use 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: TENW: Soundview Consultants: Migizi Group Electric Eng. Traffic Eng. Env./Wetland Consultant Geotechnical Eng. We are also proposing a contingency amount to cover possible "stand by" services as well as any unforeseen conditions and issues. BASIC TASK 1. NEEDS ASSESSMENT 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 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. 'ET 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: GRAND TOTAL 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. $ 25,000 $ 247,064 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 ,) 1"4.2014 Standard Billing Rates 2020 Position Principal LEED Specialist Sr. Architect / Project Manager Job Captain Architect / Designer Sr. Interior Designer Interior Designer Sr. Graphic Designer Graphic Designer Permit Specialist Administration Hourly Rate $ 180.00 $ 160.00 $ 160.00 $ 140.00 $ 120.00 $ 140.00 $ 120.00 $ 140.00 $ 115.00 $ 95.00 $ 65.00 e 1 i design group 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 Federal Way 0 & M Facility Helix NO Architectural Design Tasks design group NOU I Rn_nn 51 anon Stan nn S1an.nn Sian nn SR.-rinn tnral 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 �' t.W' Travel Costs Mileage Reproduction Prints, copies, etc., Misc. trips Total Travel Costs Total Expenses $ 0.575 permile (total mileage Allowance II Sub -total Expenses pHelix mark-up @ 10% Page 1 10/8/2020 Helix Design Group AL ITPIN NACLE CONSULTING GROUP INC INDUSTRIAL ENGINEERING CONSULTANTS AND FACILITY PLANNERS For: Helix Federal Way Ops and Maintenance Facilities REVISED FEE ESTIMATE Date: 10/7/2020 By: Frank Coleman Scope of Work Hourly Rate --> PR PM IE PE CAD $95 CLR I Total $55 Hours Total Cost $215 $175 $150 $130 I. TASK 1. NEEDS ASSESSMENT a Information Gathering, data collection 8 32 40 $4,760 b Programming c Concept Development 16 32 48 $6,480 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 16 0 0 4 20 $3,820 Subtotal Phase 21 0 4 1 0 20 $3,820 Summary PR PM IE PE CAD CLR Hours Total 1. TASK 1. NEEDS ASSESSMENT II. TASK 2. SITE SELECTION 40 16 0 0 0 0 0 0 96 4 0 0 152 20 $21,160 $3,820 Average Hourly Rate Total Estimated Expenses Total Fee Estimate 56 0 0 0 1 100 0 172 24,980 $145.23 $625 Total Estimated Cost 25, 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 Role project Manger Sr. Consultant Market Specialist Market Specialist Draft Scope of Work & Budget Task 1 - Needs Assessment a) Information gathering - Work with team to understand key project objectives and collect preliminary information, project start-up Task 2 -Site Selection Criteria a) Site Selection Criteria: Collaborate with team to establish the site selection 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 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 Total $/Task 6 2 2 3 13 1a) $3,010 6 2 2 3 13 $1.290 _ $470 5500 5750 53,010 $3,010 16 6 2 4 28 2a) $6.350 26 6 6 26 64 2b) $15.000 d) Recommendation: Support team in final site selection recommendation 18 5 2 5 30 2d) $6,795 122 GD 17 10 35 312,911(} $3.995 52,5012 $8 750 528145 $28,145 Total Hours 135 66 19 12 38 Hourly Billing Rate (Fully burdened) $215 $235 5250 525D 5231 Total $_1.4,1.90 _54,405 $3,000 $9.500 $31.155 $31,166 October 8, 2020 REVISED Erik Prestegaard Helix Design Group 6021 12th Street East, Suite 201 Fife, WA 98424-1376 Project: Federal Way Operations & Maintenance Facility, AHBL No. 2200572.10/.30 Subject: Revised Proposal for Civil Engineering and Land Use Planning Services Dear Erik: 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 excited to assist the City of Federal Way and the Helix team on this important City project. 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 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 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. Concept Development Support (Task 1.1.c_i — Task 12 4. Attend a brainstorming session or design charette with City staff and the design team N,q Civil Engineers Structural Engineers Landscape Architects Community Planners Land Sur,•_•, ors Neighbors TACOMA 2215 North 301h Street Sole 300 To m%WA 98403-3350 253.383.2422 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 Assist the Helix team in the development of the site selection criteria and potential ranking system. FeasihiIity Analysis (Task 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. 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 2200572.1000 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 Federal Way Operations & Maintenance Facility CIVIL ENGINEERING SCOPE AND FEE DEVELOPMENT Project No. 2200572.10 REVISED: October 8, 2020 ITEM # SCOPE DESCRIPTION CIVIL ENGINEERING DESIGN L Task 1 Needs Assessment b. Programming 1 Site Space planning and adjacency diagrams 2 Concept strategies 3 Document site programmatic requirements HOUR TOTALS BILLING RATE AMOUNT b. PROGRAMMING SUBTOTAL c. Concept Development Support 4 Attend a brainstorming session or design charette 5 Evaluate the concept site layout to determine preliminary requirements for the facility 6 Develop a final concept site plan that will become the basis for selected sites HOURTOTALS BILLING RATE AMOUNT c. CONCEPT DEVELOPMENT SUPPORT SUBTOTAL II. Task 2 Site Selection a. Site Selection Criteria 7 Assist in the development of the site selection criteria and ranking HOUR TOTALS BILLING RATE AMOUNT a. SITE SELECTION CRITERIA SUBTOTAL c. Feasibility Analysis (assumes five sites to be evaluated) 8 Research stormwater, utility, and roadway codes. Attend meetings. 9 Attend design team coordination meetings 10 Create an existing conditions map from King County GIs 11 Assist the Helix team in preparing a concept site plan 12 Prepare vehicle moving diagrams 13 Prepare concept level civil engineering plans and storm drainage calculations 14 Prepare concept level road improvement plans for frontage roadways 15 Prepare a narrative summarizing the design and issues and concerns HOURTOTALS BILLING RATE AMOUNT c. FEASIBILITY ANALYSIS SUBTOTAL d. Recommendations 16 Provide recommendations including advantages and disadvantages HOURTOTALS BILLING RATE AMOUNT d. RECOMMENDATIONS SUBTOTAL CIVIL ENGINEERING (T&E, NTE) HOURS ASSOCIATE PROJECT PRINCIPAL MANAGER ENGINEER DRAFTER CLERICAL 2 5 2 5 2 5 0 6 15 0 0 $200 $165 $140 $120 $100 $0 $990 $2,100 $0 $0 $3,090 4 4 1 2 6 1 2 6 2 8 16 0 0 $200 $165 $140 $120 $100 $400 $1,320 $2,240 $0 $0 $3,960 1 8 2 1 8 2 0 0 $200 5165 5140 $120 $100 $200 $1,320 $280 $0 $0 $1,800 2 4 12 1 4 4 4 10 1 6 12 12 1 2 8 1 12 i 2 8 8 1 2 8 z. 6 20 62 38 2 $2D0 5165 $140 $120 $100 $1,200 $3,300 $8,6m .$4.560 $200 $17,940 1 3 12 1 1 3 12 0 1 $200 $165 $140 $120 $100 $200 $495 $1,680 $0 $100 $2,475 $29,265 Q:\2020\2200572\Proposals Contracts\Finals\20201008 Fee Breakdawn (REV) 2200572.1030 MR U awd ma omwu 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 SERVICES 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: 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. 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 t. For projects that include time and expenses charges, a schedule of charges can be provided upon request. 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. BILLING AND PAYMENT. 4.1 initial Pavrnent. 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 (313) 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 not received by the Consultant within sixty (60) calendar days of the date of the invoice, the Client shall pay an additional charge of one -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 temunation 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 (60) calendar days after datee of invoice. TERMINATION. This Agreement may be terminated by either party upon seven (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 OWNERSHIP OF DOCUMENTS. Plans, reports, and specifications are instruments of service and shall remain the property 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 contractor(sj shall 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 Project, 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 electronic 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. 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 constrf,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 cr :7t ;7repared fir Ilse Client. If tha 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 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, eantrlbution, 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. 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 good faith upon receiving written notice. within the time limitation set forth 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 Litigato"). 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 Consullant may specifically enforce this mediation provision, whether through a motion to compel mediation or otherwise Unless the Client and the Consultant subsequerilly agree ❑therwiae 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 conructed 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, 1^Jashington 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 of or related to this Agreement, orthe breach or alleged breach of this Agreement. must be commenced within one year of the date on 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 Cor'rsultant'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 anrlor site requires that certain assumptions be made regarding existing conditions, and because same of these assumptions may not be verifiable without expending additional 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 SUbconsultants. 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 geotechnical Engineering. laboratory planning and design, professional cost estimating, I_CC/energy analysis, Acoustical Engineering, telecommunications Engineering, and other services identified elsewhere in this Agreement. Consultant shall, upon request received from the Client, procure such services from suboonsultants subject to Client approval, and shall enter into agreements with the subcunsultants. A copy of the agreements with the suborrsultants shall he provided to the Client upon receipt of a written request. As (tie Clienfs agent, Consultant shall coordinate (tie activities of the subconsultarlts 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 and/or 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;lr.d to rely upon the accuracy and completeness thereof. 11.2 Envm,,>nmer%tal Hazards .W..aiy r �Irn Indemnity The Consultant and the Consuliant's sc:tar.ansrdi,antfs) shall have no responsibility for the discovery, presence, handling, removai of, or exposure of per n•s to. iaterials or [c�xic su:aslancc�- ni anv faun al ite •rolecl sit+ It is further understood and agreed that Cf)tIsilllant vriI not cor4.t :i ,t t I7 i;. o ri n am/ ser vices in ' Q1 Re i rn VdiIII lire ierr , ro(noval aha:eI--,onl, disposal or eradication of any hazardou, c;r potenti_dly hazardous sr.do;+, r cos or : iatur;als located in nn uric r, wer, about :;: ir: any other tivay (:c)nnerted with the proj^ct or project site Gird ihril llhr- ii:; orpnration into the onEra;a of any spec f1Cations purloining to such rnali: will b done only in accordance with the direction of the Client and their subconsultants without any responsibility or liability whatsoever uf Consultanr lir 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 Agreement, 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 tits 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 plans 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 Me 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 Governinq !. a.,v. This Agreement shall be governed by the internal laws of the State of Washington. 11.9 Merger. This Agreement states the enlire agreerttent 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 5lonina 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 HELIX DESIGN GROUP By: Signature/Title Printed name Date: (AHBL File No. 2200572.10/.30) AHBL, INC. Civil & Structural Engineers - Landscape Architects - Community Planners - Land Surveyors 2215 North 30th Street, Suite 300 Tacoma, WA 98403 (253) 383-2422 By: Principal in Charge Date: AHBL, Inc. Professional Services Agreement Revised August 18, 2014 Page 3 of 3 SCHEDULE OF CHARGES & COMPENSATION Principal..................................................... 225.00/Hour Associate Principal .................................... 200.00/Hour Senior Project Manager............................180.00/Hour Project Manager........................................165.00/Hour Senior Planning Project Manager.............160.00/Hour Planning Project Manager ........................150.00/Hour Director of Landscape Architecture .......... 165.00/Hour Senior Landscape Project Manager ......... 145.00/Hour Landscape Project Manager 2..................125.00/Hour Landscape Project Manager 1..................115.00/Hour Survey Project Manager...........................160.00/Hour Senior Engineer........................................155.00/Hour Project Engineer 4.....................................140.00/Hour Project Engineer 3.....................................130.00/Hour Project Engineer 2.....................................115.00/Hour Project Engineer 1.....................................105.00/Hour Senior Engineer Technician ......................125.00/Hour Engineer Technician 3..............................120.00/Hour Engineer Technician 2..............................105.00/Hour Engineer Technician 1................................ 90.00/Hour Project Administrator.................................120.00/Hour Project Expeditor ......................................... 80.00/Hour Planner 5......................_............................140.00/Hour Planner 4......... ....................... ................... 125.00/Hour T I L Planner 3.................................................... 115.00/Hour Planner2......................................................90.00/Hour Planner1......................................................75.00/Hour Planning Technician....................................50.00/Hour Landscape Designer 3..............................105.00/Hour Landscape Designer 2................................95.00/Hour Landscape Designer 1................................80.00/Hour Senior Landscape Technician ...................125.00/Hour Landscape Technician 3...........................105.00/Hour Landscape Technician 2.............................90.00/Hour Landscape Technician 1.............................75.00/Hour Senior Survey Technician .........................125.00/Hour Survey Technician 3..................................120.00/Hour Survey Technician 2..................................105.00/Hour Survey Technician 1....................................90.00/Hour Survey Crew..............................................200.00/Hour 1-Man Survey Crew...................................130.00/Hour Graphic Designer ....................................... 110.00/Hour Technical Editor ......................................... 100.00/Hour Word Processor/Sr. Administrative Asst..... 85.00/Hour Administrative Assistant..............................75.00/Hour Outside Consultants ................ Separate Fee Proposal Geotechnical Engineers .......... Separate Fee Proposal 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 A OCMI, Inc. 00 1455 NW Leary Way, Suite 400 206.395.9738 t Seattle, WA 98107 ocmi.com 08 October 2020 Erik Prestegaard Helix Design Group 253-275-6052 6021 12th 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 A OCMI, Inc. 00 1455 NW Leary Way, Suite 400 206.395.9738 t Seattle, WA 98107 ocmi.com 08 October 2020 Erik Prestegaard Helix Design Group 253-275-6052 6021 12th 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/DDrYYYY) ,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). PRODUCER ACT Liberty Mutual Insurance NAME: PO Box 188065 FHO(Alc E, c..t]; 800-962-7132 F� c Na : 800-845-3666 Fairfield, OH 45018 F 4VA IL a00QES3:. BusinessServiceaLibertyMutual.com INSURED Helix Design Group 6021 12th St E 201 Tacoma WA 98424 INSURERS) AFFORDING COVERAGE NAIC # INSURERA: West American Insurance Company 44393 INSURER B : Ohio Casualty Insurance Company 24074 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: ;Ka.?=',nay 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 MpMIDDY� ppj)JOyI/Lpp�) : LIMITS LTR A ✓ COMMERCIAL GENERAL LIABILITY .... .......-..... _ I CLAIMS -MADE ,/ OCCUR ✓ BZW58046138 i 9/25/2020 9/25/2021 EACH OCCURRENCE A AG PREMISES Ea occurrence $2.000,000 $ 2 000,000 MED EXP (Any one person) $ 15.000 Businessowners PERSONAL & ADV INJURY $ 2,000.000 1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ✓❑ JEG LOC PRODUCTS - COMP/OP AGG $ 4.000.000 $ OTHER: A LIABILITY BZW58046138 9/25/2020 9/25/2021 C aBINE�DtSINGLELIMIT $2.000.000 BODILY INJURY (Per person) $ ANY AUTO HAUTOMOBILE OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acc dent $ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY $ 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 AND EMPLOYERS' LIABILITY YINPER ANYPROPRIETOR/PARTNERIEXECUTIVE BZW58046138 9/25/2020 9/25/2021 T TUTS ER - E.L EACH ACCIDENT $2 000.000 OFFICER/MEMBEREXCLUDED? NIA -""--- (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Stop Gap E.L DISEASE - EA EMPLOYEE $ 2 00 0 —- 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 Oi eFaUr rr; and Maintenance Fal:!My Jeve°.o:;medn :AI := ;• ra- 74ay .: Additional Insur •_I i ra:_;uir =: 1 i •; .: ih,.:n •,ontract or .vritten agreement, SI.J.)VIct W. 0 •i ;r,r rn',rr s Liability EXtensrin, Insured Pro+.i5ion. CFRTI Ir..ATF H01 r}FQ CANCELLATION City of Federal Way 33 y25 - 8th Avenue South SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 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 CA. 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; f. 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__A BALA DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE F1E(MM/D NY 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. PAHONNo, xt FA c. No I1420 Fifth Ave 15th Floor ( E): (206 204-9140 ( ):(206) 204-9205 Seattle, WA 98101 1401657 INSURED Helix Design Group, Inc. 6021 12th St East #201 Tacoma, WA 98424 INSURER A: Continental Casualtv Corn INSURER C : INSURER D F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - 20443 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 SUER 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 $ PRODUCTS - COMPIOP AGG $ POLICY Pp& LOC $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ $ ANY AUTO BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS I BODILY INJURY (Per accident $ �p AiJRTUSONLY AUT❑SOt>1LY PROPE7YDAMAGE Per aceve�nC+ UMBRELLA LIAB OCCUR EACH OCCLRRENCE $ $ EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- TATUTE E ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ CE I ,-:'.EMBER EXCLUDED? ❑ (Mandatary in H) N I A E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE -POLICY LIMIT $ If yes, &_a • ibe under t1FRCRIPTIi]N OF OPERATIONS below 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 / VEHICLES IACORD 101, Additional Remarks Schedule, maybe attached tf more space is required) RE: Operations and Maintenance Facility Development Evidence of Professional/Pollution Liability coverage. CERTIFICATE_ HOLDER _ City of Federal Way 33325 - 8th Avenue South Federal Way, WA 98003-6325 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 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