AG 22-065 - PERKINS EASTMAN ARCH..�L� RETURN TO: Kari Cimmer EXT: x2629
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT / PLANNING
2. ORIGINATING STAFF PERSON: KEITH NIVEN EXT: 2643 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
M 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
5. PROJECT NAME: DEVELOPMENT PLAN FOR CITY-OWNEDTC-3 SITE
6. NAME OF CONTRACTOR: PERKINS EASTMAN ARCI IITECTS, DPC.
ADDRESS: 1809 7T" AVENUE, SUITE 800; SEATTLE, WA 98101 TELEPHONE: 206-284-5624
E-MAIL: W.SAAR@PERKINSEASTMAN.COM FAX: N/A
SIGNATURE NAME: WOLF SAAR TITLE: MANAGING PRINCIPAL
7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK, OR SERVICES ® COMPENSATION ® INSURANCE REQUIREMENTS/CERTIFICATE
® ALL OTHER REFERENCED EXHIBITS ® PROOF OF AUTHORITY TO SIGN ® REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: MAY is 2022 COMPLETION DATE: JANUARY 16, 2023
9
TOTAL COMPENSATION $ 110.000.00. 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 ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
N PURCHASING: PLEASE CHARGE TO: 001-5200-073-558-60-41 1
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED
M PROJECT MANAGER
® DIRECTOR ��q z
❑ RISK MANAGEMENT (IF APPLICABLE)
M LAW K1:4 511912022
1 1 . COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: N/A
SCHEDULED COUNCIL DATE: N/A
12. CONTRACT SIGNATURE ROUTING
INITIAL / DATE APPROV
COMMITTEE APPROVAL DATE: N/A
COUNCIL APPROVAL DATE: N/A
IK SENT TO VENDOR/CONTRACTOR DATE SENT: May 20, 2022 DATE REC'D: May 23, 2022
® ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑X 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
® LAW DEPARTMENT
❑X SIGNATORY (MAYOR OR DIRECTOR) 12 V-
IE CITY CLERK i 22
IK ASSIGNED AG# AG#22-
COMMENTS:
New PSA Aidia New Vendor
CITY OF CITY HALL
Fe d e ra l Way Feder 8th Avenue South
Federal Way, lN-A 98003-6325
(253) 835-7000
L.,� •r a ciryof'ederahvay corn
PROFESSIONAL SERVICES AGREEMENT
FOR
DEVELOPMENT PLAN FOR CITY -OWNED TC-3 SITE
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Perkins Eastman Architects, D.P.C., dba Perkins Eastman Architects, P.C. a — New York
professional services 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:
PERIONS EASTMAN ARCHITECTS, D.P.C.:
Wolf Saar
1809 — 71 Avenue, Suite 800
Seattle, WA 98101
(206) 284-5624
w.saar c erkinseastman_com
The Parties agree as follows:
CITY OF FEDERAL WAY:
Keith Niven
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-2643
Keith.nven@cityoffederalway.com
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the
date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any
event no later than January 16, 2023 ("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.
PSA — Perkins Eastman —VIA - 1 - Rev. 7/2021
CITY OF CITY HALL
1% Federal � Feder l Avenue South
Federal Way, WA 98003-6325
(253) 635-7000
www.d4vfP derahvay,com
4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form
specified by the City, including a description of what Services have been performed, the name of the personnel performing
such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon
completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been
performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher
or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work
to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the
Agreement.
4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred
after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services
for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by
any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising
from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance
of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify
the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent
and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of
any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability
benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this
waiver.
5.3 Cite 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:
PSA - Perkins EastmanVIA - 2 - Rev. 7/2021
CITY OF CITY HALL
Federal Way FedAvenue South
Federal
Way, WA 98003-6325
(253) 835 i000
www..crjro edera!may.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 $1,000,000
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.
PSA —Perkins Eastman —VIA - 3 - Rev. 7/2021
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www ciryotfederalway 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 terns 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 Assianment 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
PSA — Perkins EastmanVIA - 4 - Rev. 7/2021
clty OF CITY HALL
Fe d ra ay 8th Avenue South
Feder
Federal Way, WA 98003-6325
(253) 835-7000
:mw ci"ffe d era Mray. co; n
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 in 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]
PSA — Perkins Eastman —VIA - 5 - Rev. 7/2021
44 33325CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835.7000
www-cr-fyoffedetabvey. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
Davis, In ' City Administrator
DATE:�2-`'� Z2
PERKINS EAST,\ IAN ARCHITECTS, D.P.C.:
By: 1
Printed Name: Wolf Saar
Title: Managing Principal
DATE: F/ 2 3 l 20 Z �—
STATE OF WASHINGTON )
ss.
COUNTY OF
ATTEST:
h 'e Courtney, CMC, Jerk
APPROVED AS TO FORM:
e
- - —
J.Attorney
On this day personally appeared before me Wolf Saar to me known to be the managing principal of Perkins
Eastman Architects, D.P.C. 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�d day of f 2022.
2
Notary's signature
Notary's printed name V4 kt.
Notary Public in and for the StaM of Washington.
My commission expires — //a/ 2V
SANTOSH GURUNG
NOTARY PUBLIC
STATE OF WASHINGTON
MY COMMISSION EXPIRES
PSA — Perkins Eastman —VIA - 6 - 06/10/2025 Rev. 7/2021
CITY OF 33HALL 32
Feder 8tfi Avenue South
Federal Way, WA 98003-6325
Federal
Way
(253) 835-7000
wwwc;c 2vftJa,,vhuaycorn
EXHIBIT A
SERVICES
The Contractor shall complete all Project Tasks by December 31, 2022, unless otherwise approved by City.
Task 1— Project Management
1.1 Hold Kick -of meeting — including data/information sharing.
1.2 As requested by the City, hold status & progress meetings.
1.3 Perform Site tour/field meeting.
1.4 Manage schedule and budget.
Task 2a — Site Assessment
2.1 Evaluate data and studies provided by the City:
2.1.1 2021 Proposed Hotel Market Study by HVS.
2.1.2 Buildable lands map for project area.
2.1.3 Zoning summary.
2.1.4 Topographic information.
2.2 Review existing infrastructure/utilities capacities and limitation information provided by the City
2.2.1 Water/sewer maps from Lakehaven.
2.2.2 Stormwater information.
2.2.3 Current patterns of mobility for pedestrians, bicyclists, and autos.
2.3 Meet with stakeholders (Task 3).
2.4 Develop Goals & Objectives.
2.5 Generate opportunities & constraints diagram.
Task 2b — Market Analysis
2.6 Interview stakeholders regarding local market trends.
2.7 Address impact redevelopment of ST properties may have on the TC-3 site.
2.8 Evaluate supply and demand indicators (vacancy & pipeline) by product type.
2.9 Estimate (lease/rental rates vs. construction costs) various building typologies,
land uses, & parking strategies currently and for horizon year 2025.
Task 3 — Council Meetings
3.1 Attend 1 Council Committee meeting for Q/A (Task 2a).
3.2 Attend 1 Council Committee meeting presenting Alternatives (Task 4).
3.3 Attend 1 Council meeting presenting Alternatives (Task 4).
3.4 Attend 1 Council meeting presenting preferred alternative (Task 5) (Optional).
Task 4 — Alternatives Development
4.1 Assimilate the existing conditions, market analysis, and stakeholder input (Task 2b, Task 3, input
from Staff).
4.2 Test different programs (residential vs. hospitality vs. civic) uses to understand potential development
capacity and place -making opportunities.
4.3 Work with staff to prepare the draft Town Center plan alternatives, massing alternatives, and
supporting graphics.
Task 5 — Refinement & Plan Adoption
5.1 Consider comments received on Alternatives.
5.2 Prepare preferred alternative in the form of map, graphics, and supporting report.
5.3 Consider economic advantages of property division, and phased marketing/sales.
5.4 Present to LUTC (Task 3) and City Council (Task 3).
PSA - Perkins Eastman -VIA - 7 - Rev. 7/2021
CITY OF
,t,l 11§41, ��§ �,t Federal Way
EXHIBIT B
COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
WWW. dbm4tder:, fV .1iy colt]
1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed One hundred Ten Thousand and NOII00 Dollars ($ 110,000.00).
2. Method of Compensation: Compensation shall be provided monthly based on hourly rates for hours
worked (see Table A). Invoices shall include a report that provides a detailed description of project status and
progress made toward tasks (see Table B).
Table A
Principal -in -Charge
$210
Project Manager
$210
Planner
$117
Landscape
$180
Civic Design
$320
Designer
$157
Mobility
$221
Modeling & Rendering
$100
Economic Principal $200 or $225
Economic Senior Associate $180
Economic Associate $15 0
Administrative $13 5
Table B
Task 1:
Project Management
$ 8,880
Task 2a:
Site Assessment
$ 8,692
Task 2b:
Market Analysis
$20,694
Task 3:
Council Meetings
$9,920
Task 4:
Alternatives Development
$42,820
Task 5:
Refinement and Plan Adoption
$16,120
Reimbursables
$1,900
PSA - Perkins Eastman -VIA - 8 - Rev. 7/2021
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will be mailed to you when additional endorsements are approved.
Confirmation Number: 0-026-726-458 Filing Date and Time: 05/16/2022 07:44:53 AM
Payment Method: ACH Debit/E-Check
Business Entity Information
Entity Type: Corporation
Name of Entity: PERKINS EASTMAN ARCHITECTS, D.P.C. DBA PERKINS EASTMAN ARCHITECTS, P.C.
AccountlD: 603243399-001-0001
Firm Name: PERKINS EASTMAN ARCHITECTS, P.C.
Endorsement(s) Applied For Begin End Count Fee
Federal Way General Business - 05/16/2022 05/31/2023 1 $81.00
Non -Resident
Fee Type
BLS Processing Fee
581.00
Begin End Count Fee
05/16/2022 1 $0.00
$0.00
Grand Total: $81.00
txL0004
PERKINS-.
EASTMAN
RESOLUTION OF THE EXECUTIVE BOARD OF DIRECTORS OF PERKINS EASTMAN ARCHITECTS DPC
RESOLVED, that Perkins Eastman Architects, DPC gives and grants authority to Wolf Saar, Principal, to enter
into and execute contracts or other instruments on behalf of the corporation in the regular course of
business
CORPORATE CERTIFICATE
I, L. Bradford Perkins, Executive Director of Perkins Eastman Architects, DPC, a corporation organized and
existing under the laws of the State of New York (the "Corporation"), hereby certify that the foregoing is a
full, true and correct copy of resolutions of the Executive Board of Directors of the Corporation, duly
adopted by the Executive Board of Directors of the Corporation.
Date: May 16, 2022
L. Bradford Perkins
Chairman & Executive Director
Perkins Eastman Architects DPC
State of New York
ss:
County of New York y
On May 16, 2022 before me, the undersigned Notary Public, personally appeared L. Bradford Perkins of Perkins Eastman
Architects DPC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature
on the instrument, the individual, or the entity upon behalf of which the individual acted, executed the instrument.
Notary Public y Commission Expires:
State of New York ��
JAMIE M WELLER
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02WE6344997
Qualified ;n Kings County
Commis :ion Expires July 1a. 20P-,
RECEIVED
May 17 2022
CITY OF FEDERAL WAV
COMMUNITY DEVELOPMENT
PERNINSEASTMAN COM
Department of State
Division of Corporations
Entity Information
Return to Results Return to Search
Entity Details
ENTITY NAME: PERKINS EASTMAN ARCHITECTS, D.P.C.
FOREIGN LEGAL NAME:
ENTITY TYPE: DOMESTIC PROFESSIONAL SERVICE
CORPORATION
SECTIONOF LAW: 1503 BCL - BUSINESS CORPORATION LAW
DATE OF INITIAL DOS FILING: 09/19/1980
EFFECTIVE DATE INITIAL FILING: 09/19/1980
FOREIGN FORMATION DATE:
COUNTY: ALBANY
JURISDICTION: NEW YORK, UNITED STATES
ENTITY DISPLAY
Service of Process Name and Address
DOS ID: 651711
FICTITIOUS NAME:
DURATION DATEILATEST DATE OF DISSOLUTION:
ENTITY STATUS: ACTIVE
REASON FOR STATUS:
INACTIVE DATE:
STATEMENT STATUS: CURRENT
NEXT STATEMENT DUE DATE: 09/30/2022
NFP CATEGORY:
Name: REGISTERED AGENTS INC.
Address: 90 STATE STREET, STE 700 OFFICE 40, ALBANY, NY, UNITED STATES, 12207
Chief Executive Officer's Name and Address
Name: JOHN DAVID HOGLUND
Address: 265 ORCHARD DR., PITTSBURGH, PA, UNITED STATES, 15228
Principal Executive Office Address
Address: 115 FIFTH AVENUE, NEW YORK, NY, UNITED STATES, 10003
Registered Agent Name and Address
Name: REGISTERED AGENTS INC.
Address: 90 STATE STREET, SUITE 700, OFFICE 40, ALBANY, NY, 12207
Entity Primary Location Name and Address
Name:
Address:
n
Fai mcerpflag
Ic Tha Fntitv A Farm rnrnnratinn• Nn
PAR VALUE 200,000 $0.02000
AC a0 CERTIFICATE OF LIABILITY INSURANCE F4/
E(MM/DD/YYYY)
�� 12nj202227/2022
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).
^^UCER Lockton Companies HIE CT
444 W. 47th Street, Suite 900 PHONE FExth AX
Kansas City MO 64112-1906 E-MAIL
(816)960-9000 ADDRESS,-
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED PERKINS EASTMAN ARCHITECTS, DPC
1402538 ) 809 SEVENTH AVE STE 800
SEATTLE WA 98101
INSURER B :The Cincinnati
INSURER D :
10677
28665
20443
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER! IRA71RIn REVISION Nt1MRFR- XXXXXYSI
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.
1 R TYPE OF INSURANCE ADDL;5UBR POLICY EFF POLICY EXP
L V POLICY NUMBER M/DD/YYYYI MM/DD/YVYYI LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE L OCCUR
X
Y
N
ECO0633020
12/1/2021
12/1/2022
EACH OCCURRENCE
$ ] 000 000
�II TO RENT 'U
PREMISES Ea occurrence
$ 1,000,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ ] 000.W0
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2.000.000
X POLICY jEO- D LOC
PRODUCTS - COMP/OP AGG
$ 2 000 000
$
OTHER:
A
AUTOMOBILE
LIABILITY
N
N
ECO0633020
12/1/2021
12/1/2022
COMBINED5INGLEL! fr
acddentl
$ 1.000.000
x
_[Ea
BODILY INJURY (Per person)
$ XXXXXXX
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$ XXXXXXX
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Per acclden!
$XXXXXXX
$XXXXXXX
A
X
UMBRELLA LIAR
[XTOCCUR
N
N
ECO0633020
12/1/2021
12/l/2022
EACH OCCURRENCE
$ 1000Q000
AGGREGATE
$ 10,000,000
EXCESS LIAB
LAIMS-MADE
DED RETENTIONS
$ XXXXXXX
B
AND EMPLOYERS' LIABILITY WORKERS COMPENSATION Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED? ]1j
(Mandatory In NH)
N / A
N
EWC0560093
12/1/2021
12/1/2022
X STATUTE ER
E.L. EACH ACCIDENT
$ ] 000 000
E.L. DISEASE - EA EMPLOYEE
$ 1.000.000
11 yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1.000.000
C
PROFESSIONAL
N
N
AEH591918272 3/28/2022
3/28/2023
$1,000,000 PER CLAIM; $1,000,000
LIABILITY
AGGREGATE
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: PROJECT NUMBER: OPPORTUNITY NUMBER: 0019339. PROJECT NAME: FEDERAL WAY TOWN CENTER MASTER PLAN. CITY OF FEDERAL WAY ARE
ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, IF REQUIRED BY WRITTEN
CONTRACT.
CERTIFICATE HOLDER CANCELLATION
18472830
CITY OF FEDERAL WAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
33325 8TH AVENUE SOUTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
FEDERAL WAY WA 98003-6325 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
r M /i/ "d�
n 19R8.2ni5 ACORn CORPOPATION_ All rinhtc rpsprvad
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Kari Cimmer
From:
Keith Niven
Sent:
Friday, April 22, 2022 2:38 PM
To:
Kari Cimmer
Subject:
FW: Via contract
See below
Keith Niven, AICP, CEcD
Planning Manager
ti City of Federal Way
(253)835-2643
From: Brian Davis <Brian.Davis@cityoffederalway.com>
Sent: Thursday, April 21, 2022 8:30 AM
To: Keith Niven <Keith. Niven @cityoffederalway.com>
Cc: Kari Cimmer <Kari.Cimmer@cityoffederalway.com>
Subject: RE: Via contract
Approved for this low -risk professional service.
Brian Davis
Community Development Director
City of Federal Way
From: Keith Niven <Keith. Niven@cityoffederalway.com>
Sent: Thursday, April 21, 2022 8:25 AM
To: Brian Davis <Brian.Davis @cityoffedera lway.com>
Cc: Kari Cimmer <Kari.Cimmer@cityoffederalway.com>
Subject: Via contract
Brian,
Via has asked if they could reduce their insurance requirement to $1M. I told them I would ask.
thx
Keith Niven, AICP, CEcD
Planning Manager
, City of Federal Way
(253)835-2643
W=9Request
for Taxpayer
Give Form to the
Form
(Rev. October2018)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service
► Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name (as shown on your Income tax relurn). Name is required on this line; do not leave this line blank.
Perkins Eastman Architects, D.P.0
2 Business nameldIsregarded entity name, if different from above
m
m
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
4 Exemptions (codes apply only to
al
following seven boxes.
certain entities, not individuals; see
a
instructions on page 3):
p
ElIndividual/sole proprietor or 2C Corporation ❑ S Corporation Partnership El Trust/estate
e
single -member LLC
Exempt payee code (if any) 5
ao
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
p
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
rn
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
code (if any)
danother
LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
w
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
y
❑ Other (see i nstructions)►
rApn+g to accounts maintafmd outside the U.S.)
6 Address (number, street, and apt. or suite no.)•See Instructions.
Requester's name and address (optlonaQ
115 5th Avenue
6 City, state, and ZIP code
New York, NY 10003-1004
7 List account number(s) here (optional)
JMVM
TaxRayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
social security number
_ m -
backup withholding. For individuals, this is generally your social security number ( late). However, fora
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter. 7-T--1
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later.
__ 1,
""-1" Signature of
Here I U.S. person ►
General Instructions �
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who Is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (nterest earned or paid)
Date► 1/6/2022
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No_ 10231X Form w-9 (Rev. 10-2018)