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AG 19-030 - KBA Inc RETURN TO- PW ADMIN EXT: 2700 ID#: 3� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS/ CAPITAL ENGINEERING 2. ORIGINATING STAFF PERSON: CHRI5TINE MULLEN EXT: x2723 3. DATE REQ.BY: FUMY EXECUTED NO 3. TYPE OF DOCUMENT(CHECK ONE): LATER THAN ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) 23-JAN-2020 ❑ 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 M CONTRACT AMENDMENT(AG#): 19-030 (AMEND#3) ❑ INTERLOCAL ❑ OTHER 4. PROJECTNAME: DOWNTOWN STAIRCASE 5. NAME OF CONTRACTOR: KBA, INC. ADDRESS: 1 1201 5E 8TH 5T#I GO, BELLEVUE, WA 98004 TELEPHONE: E-MAIL: MFUGLEVAND@KBACM.COM (MARK PUGLI_VAND) FMC SIGNATURE NAME: KRi5TEN M. OVERLEE5Ir TME.. PRESIDENT 6. 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 CFW LICENSE# B ,EXP. 12/31/ UBI# ,EXP. / / 7. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: 3 1-DEC-2020 (NO CHANGE) $162,000(ORIG. CONTRACT) + $4G,400 (AMEND#2) + $39,500(AMEND#3) = $247,900(REVI5ED CONTRACT) 8. TOTAL COMPENSATION:S (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,S_ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED Cl PURCHASING: PLEASE CHARGE TO: C3G201-24 1 10 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED -11-'PROJECT MANAGER CJM 14-JAN-2020 ,C7 DIVISION MANAGER -rrl5'EPUTY DIRECTOR "I'l .DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) •e-tAW DEPT 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING , (5`20 �� j-) DATE RECD: ❑ SENT TO VENDOWCONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION 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 p ASSIGNED AG# AV JI_ SIGNED COPY RETURNED DATE SENT: ( _]1L ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" I "ORIGINALS WE HAVE AN INVOICE FOR 2019 5ERVICE5, BUT NEED TO PROCE55 THI5 SUPPLEMENT IN ORDER TO HAVE SUFFICIENT CONTRACT FUND5 TO APPROVE THE INVOICE. FINANCE DEPARTMENT HA5 REQUESTED WE HAVE THI5 SUPPLEMENT FULLY EXECUTED 50 THAT WE CAN HAVE THE INVOICE TO FINANCE NO LATER THAN 24-JAN-2020. 1/2018 CITY CITY HALL 33325 8th Aveiiue South Federal Way Federal Way,WA(253)835-8325 53)835 �#•� -7000 C.;.r�r��,+-•,.>z on ?Ppar•.trnrf_v W1aL•v.0ity0f Pd6(a&Vay.Com ,107 Ferrell, Mayor AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES This Amendment("Amendment No. 3")is made between the City of Federal Way, a Washington municipal corporation ("City"), and KBA, Inc., a Washington corporation ("Consultant"). The City and Consultant (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for On-Call Construction Management Services, ("Agreement") dated March 21, 2019, and as amended by Amendment No. 1 and Amendment No.2, as follows: 1. AMENDED COMPENSATION. Exhibit B-2 of the Agreement shall be amended and replaced with Exhibit B-3, which is attached hereto and incorporated by this reference. In return for the Services, the City shall pay the Consultant an amount not to exceed Two Hundred Forty-Seven Thousand, and Nine Hundred Dollars ($247,900.00). The Consultant 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 of the Agreement. Except as otherwise provided in an attached Exhibit, the Consultant 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto,after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] IN WITNESS,the Parties execute this Agreement below,effective the last date written below. CITY OF 1� ERAL WAY: ATTEST: By: IA A!j� J' r rtl aur 5 h nie Courtney,CM ,C y Clerk DATE: 4 -1 Ai44Z_ C APPROVED AS TO FORM: TOd J.Ryan Call,City Attorney KBA,INC.: By: Printed Name:Kristen M. Overleese,P.E. Title:President j Date: ��-5T?-O STATE OF WASHT4GTON,) )ss. COUNTY OF ' ) Orn.-this day personally appeared before me ! - `;' -� to me known to be the i I _ of KBA, INC. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of said corporation. GIVEN my hand and official seal this �� day of. q" '` ,20 Notary's Signature { t L kA otary's printed name ,, ► k. u (NOTARY AURI LEE WYIVN Notary Public in and for the StAte of Washington PUBLIC#120371` My commission expires ATE OF WASHINGTONMMISSION EXPIRES JULY 29,2022 AMENDMENT#3 2 EXHIBIT B-3 �E R F2s Q x�--fit-- R Nma� .- o m w mtnow � g o 0 0 Z z Kcn mom , e' p O O O g cQ: ` ,y `V • moi m N•-g v"ra ts ts � . a m� �n ZZ9 $ $ a N ' g e N� N!d m . vnoH to v u0 peulLwala0 0 0 0 R r cn N r r rn.�ry-•*-crn mno.., r -c r; - mm om we _ r.n1 r _Q.. ;q m_ m u _ r _ W y yr M c6 M M M M N C N U J c O 4 o e Z '` .. --cam-. a• SU¢ CW � � �6QW iz .N aidZ5 t5 zaa^UdU�—_ K fiU Vn`.UK^_ f7 Q `■ yT Vx e 3 c Eo m w r a ■■ L E ��LS� ��`E 1:'� LJ E 6`^CJ c E m�O � E�o9E2 �= o�O � W � W W 1 W y Q AMENDMENT#3 3 RETURN TO: PW ADMIN EXT: 2700 ID# (� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS/ CAPITAL PROJECTS 2. ORIGINATING STAFF PER..4;GN: CHRI5TINE MULLEN EXT: x272 3. DATE REQ.BY: 5-NOV-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 9 CONTRACT AMENDMENT(AG#): 19-030 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: DOWNTOWN STAIRCASE 5. NAME OF CONTRACTOR: K6A, INC. ADDRESS: 1 1201 5E 5Tl1 5T N 160, BELLEVUE, WA 98004 TELIEPHONE: E-MA i I..: FAX: SIGNATURENAME: KP15TEN M, OVERLEE5E TITLE: PRESIDENT 6. 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 CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP.—/_/- 7. TERM: COMMENCEMENT DA'Z'E: UPON EXECUTION COMPLETION DATE: 3 1-DEC-2020 (NO CHANGE) $1 621000 (PREVI®U5 CONTI;ACT) + $4G.400 !AMtX11? ,*. 13.440 (PE1,'15ED CONTK4,(J) $. TOTAL COMPENSATION:$ i f Itil't_I`DF.F--XN-NSFS ,\NT"S\LES 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 ❑ PURCHASING: PLEASE CHARGE TO: C3G201-24 1 10 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ,C PROIECTMANAGER CJM -1-NOV-2019 /DIVISION MANAGER /DEPUTY DIRECTOR - - X DIRECTOR --&=f 3 4vt�'4 Ll ❑ RISK MANAGEMENT (IF APPLICABLE) XLAW DEPT P I(f i✓ 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: %b-t4by 213 DATE REC'D: 1 ❑ 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 1S NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT -e�- ''LAW DEPT SIGNATORY(MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNED AG# A /J SIGNED COPY RETURNED DATE SENT: ❑RETURN ONE ORIGINAL C OMNILNTS 1!2018 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 Centered on Opportunity www.cityoifedmlway.com Jim Ferrell, Mayor AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and KBA, Inc., a Washington corporation ("Consultant"). The City and Consultant (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for On-Call Construction Management Services, ("Agreement') dated March 21, 2019, and as amended by Amendment No. 1, as follows: 1. AMENDED COMPENSATION. Exhibit B-1 of the Agreement shall be amended and replaced with Exhibit B-2, which is attached hereto and incorporated by this reference. In return for the Services, the City shall pay the Consultant an amount not to exceed Two Hundred Eight Thousand, and Four Hundred Dollars ($208,400.00). The Consultant 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 of the Agreement. Except as otherwise provided in an attached Exhibit, the Consultant 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: l -or], I, Mayor p anie Courtney, CM `ity Clerk DATE: B 717 APPROVED AS TO FORM: To✓ J.Ryan Call, City Attorney KBA,INC.: I&Jk By: 6 Printed Name: Kristen M. Overleese,P.E. Title: President Date: 1 I t,?d STATE OF WASHINGTON) ) ss. COUNTY OF Onis da personally appeared before me '� 'YC h '--r I- LL= me known to be the fllle- va J7— of KBA, INC. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �h day of 20 19. Notary's Signature L (� Notary's printed name Notary Public in and for t& State of Washington f: LAURI LEE WYNN My commission expires NOTARY PUBLIC#120371 I STATE OF WASHINGTON COMMISSION EXPIRES r CJUE29,2022 '. AMENDMENT#2 2 EXHIBIT B-2 ct O fli w N 4- DS �11G.4 Ol •C . N� p�� a ry� m � �O ��V �m � � � 3vi NCh ^N CJ O O tD A: N cJ N • • T • m N Cl. W CgSI . to m . ty . e �y +1p p ,. . N` U3N` tz r co 91 N `WSJ SS iV N m - m N > > i, r` n i•, 1` N m I io a�Ea ig cina"to Fo of -x e ti s; uopNuL%oO e1 w as N N N G m � L mmmm mm mm a "1 �� ccy� K7m u-�mmlemi a N a '� � ty en ---h-u1 - - V.N M YF N YI M WT tI'! �oA 6 Id C m N N h G ca -— -E g nq liS G .-.«a mR 9 v c 1.5 c LZ Li ul muj �r m7 m 1 Q d --3 � o L .g AMENDMENT#2 3 Edited RETURN TO: PW ADMIN EXT: 2700 [D#:- CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 2. ORIGINATING STAFF PERSON: ��t I�iU�/l �f EXT: Z72-0 3. DATE REO.BY: 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 Cl SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION XCONTRACTAMENDMENT(AG#): , - ❑ INTERLOCAL /❑ OTHER 4. PROJECT NAME: YI-t �.� l� - 5. NAME OF ONTRACTOR: � c ' ADDRESS: C TELEPHONE: E-MAIL:t7C a, W I V YYI ►C p FAX: 4 70 461 r? q Y3 c— SIGNATURE NAME: S TITLE: fs 6. EXHIBITS AND ATTACHMENTS: OPE,WORK OR SERVICES>QCOMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS OOF OF AUTHORITY TO SIGN �tEQUIRED LICENSES XPRIOR ONTRACT/ e,DMENTS CFW LICENSE# EXP.12/31/ �"` 0/� 7. TERM: COMMENCEMENT DATE: COMPL TION DATE: c� 13 16 1. q rlU OWL F� 8. TOTAL COMPENSATION:$_ �V lGti• ,ra IJ� _(INCLU EXPENSES AND SALES TAX, 2020 er on act) I`SSL `" �'V� (IF CALCULATED ON HOURLY LABOR CHAR E-ATTACH SCHEDULES OF EMPLOYEES ES 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 ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCU ENT/CONTRACT REVIEW INITIAL. DA E REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER\ 1Z I DIVISION MANAGER, DEPUTY DIRECTOR DIRECTOR NAII` ❑ RISK MANAGEMENT (IF APPLICABLE) n -g/LAW DEPT 77f- 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING NQ n� q ��] ENT TO VENDOR/CONTRACTOR DATE SENT:�Z7i ` eAee-' DATE REC'D: L TTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATR r.rcr.Nsrs ExHIBITS )(CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (NCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH M ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL I 12ATE SIGNEI? "'o-^Ff3tE'DEPmzT*mt"d` - SAW DEPT IGNATORY(MAYOR'art'Bfit£E+6rj-- �2 , .........,_..,. CITY CLERK I * ASSIGNED AG# AG# SIGNED COPY RETURNED DATE SENT: RETURN ONE ORIGINAL COMMENTS: EXECUTE" C) hLrL. lf�� 1/2018 RETURN TO: PW ADMIN EXT: 2700 ID#: 9 1 q CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ �% 2. ORIGINATING STAFF PERSON:1,VArV ` EXT: Z (� 3. DATE REQ.BY: qIf l 3. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) o PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) o ORDINANCE ❑ RESOLUTION / CONTRACT AMENDMENT(AG#): t(91 ----C(230 ❑ INTERLOCAL o THER 4. PROJECT NAME: Off.—CLc-C (�C °��- 5 J/1/�l (J `_Y c�C-CL 5. NAME OF ONTRACTOR: r/ rAC ' ADDRESS: I ' _1' : y 11111M.MiligrAl° IS' 11PRTMER114Z TELEPHONE: t " .rte ► E-MAIL:MMEilaC V-'IC I'fl ,CV� FAX: 2P 62S.4& 5 a- SIGNATURE NAME: u M., '—.' TITLE: • S A. ' 4 6. EXHIBITS AND ATTACHMENTS: !*COPE,WORK OR SERVICES AQCOMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS ,Al.'ROOF OF AUTHORITY TO S GN XLEQUIRED LICENSES ",),PRIOR ONTRACT/ 1DMENTS CFW LICENSE# 11 I() ' / BL,EEXP. 12/31/ 1 UBI# 0 F. 00/ 11 7. TERM: COMMENCEMENT DATE: 11 \` COMPL TION DATE: /� 3, 4 L1 61 14v tk1411R_ 8. TOTAL COMPENSATION:$ No t F evv- - rale f�- t4 (INCL )EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TFYL,ES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: o YES 0 NO IF YES,$ PAID BY: 0 CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED o PURCHASING: PLEASE CHARGE TO: 9. DOCU ENT/CONTRACT REVIEW INITIAL DA E REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER 5> d-1(101 t , X DIVISION MANAGER K a T DEPUTY DIRECTOR (...X.,(7- �l"-� LI(/(Jf I� //" 'DIRECTOR � yk1`1 r I'l ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT ® uiio9 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ^ 1.1 11,6 e 1;en .2-- L(] TOVENDOR/CONTRACTOR DATE SENT:`� G "` �/tl DATE RECD: �J _I NENT TTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS REATE 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 r Z4AW DEPT / 1. 4 /1 S7i IGNATORY(MAYOR-e� 4re.:AU� CITY CLERK / ;Rimer w ASSIGNED AG# AG# "0 _+ , SIGNED COPY RETURNED DATE SENT: . , . ' 4 RETURN ONE ORIGINAL COMMENTS: I n�' /A /I EXECUTE" "ORIGINALS ,\0 Y U. , c o>,-17 ')�_�/ f) 0 , (/10�)b'J i ♦ . l 1I I• \, •� i` t �1,1 i� +1��nnee (11 ULrwJ.�- / ' sL.a/J. � � i ./,�� A._.4 /'. ' � //til ► i�i �; 1/2018 r ` CITY OF CITY HALL . 33325 8th Avenue South Federal Way Federal Way,WA 98003003 -6325 (253) 835-7000 www cityoffederaiway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and KBA,Inc, a"Washington corporation("Consultant"). The City and Consultant(together "Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for On-Call Construction Management Services, ("Agreement") dated effective March 21, 2019, as follows: 1. AMENDED COMPENSATION.Exhibit B of the Agreement,shall be amended and replaced with Exhibit B-1, which is attached hereto and incorporated by this reference, to change the rate or method of payment. The Consultant 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 of the Agreement. Except as otherwise provided in an attached Exhibit, the Consultant 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL 41. , Federal Way 33325Avenue South Federal Way,WA 98003-6325 (253)835-7000 www atyoffederalway coat EXHIBIT B-1 COMPENSATION 1. Total Compensation: In return for the Services,the City shall pay the Consultant an amount not to exceed One Hundred Sixty-Two Thousand and 00/100 Dollars ($162,000.00). 2. Method of Compensation: See Exhibit B-1 attached. AMENDMENT - 3 - 3/2017 _ __ S N CO O ' CD cD CO V (O ' O ' M N O N- O M N CO o 00 O) CO co co N- V O N 1- N CO CO V 1` ,- "' O) O O cD CO 03 — ,— N- C0 CO O) N (D d, C1 O p o d C1 d N N V' (D CT N N N g U) N U) U) Cl) g V ' ' CD CO CO CO O C) ' ' CO O) OD (C) co co CO co O) o O O N- CO O CO CO CO6) M O CO O CO CO N- N M O 1,-(D eN N CO M CO CO CO E CT NO • C) - 5- O CO- N- (V N No O O N C > > iN Q Q Q Q 2 S V — ' ' CD CO ao M O C[) ' ' C0 O) O U) M M CD co O) o N- CO CD CO O O CO CO O CO CO � O 1- 2 O Z O O N CO N co 1 CO CO CO O N M L- N N p 0 7 • O Cb (N N V C0 N CO N � = N N N g "') C.) H ,- ' ' O CC) O 00 N- O C0 ' ' N 1� OD CO V CO 1,- N CO CD CD C0 M 0) O) M N V CO C) CIO O CO CO CO 1, O Z O O O O m N CO CO C0 a- CO CO O O S N coOp 0 C •-- •--- C s- c- C s- O N N ,- CO 3 CO N U D = > N N P E V s- ' ' CO C0 O) V0 C0 ' ' CO O) CO ,l) M M CO -.4. O E O O1--- CO O CO M O O) O) CO C:0 O CO CO CO CO o ^ N N CO 1� Cf) CO ll) CD N CO co N N m cs ca •-- N co-. 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Lo p N CO O OO CO CO N M l0 V V V N CO COOO 1� N 1� CO COV CO p O O ,- O - y N N V O I� M N- O CO CO 1` C0 CO CO CO V p C 0 cD CO CI N V co N CO oD (o ui co- CV 2 0 v to (.fl CO N R c_ m m 7,5R i O O O 1- L y ~ ~ (n Oa CI)Cf) 6» ( 69696969696 69 9696969 69 CO d o C) M O O N M O O N N M ti O O M N.- O O • a 0 N CD (O CO N O ON CD CO (D CO N O -O O m 1- M M CO O m 1"- (") M - CO C Cl) m c N C 69 69 69 69 69 N (» 69 69 69 6 e e e 0 N w d co 0.1 Oco O a) C7) m N 0 0 0 - N O O O V Cf) (D C7 - Q Z = CO CO O O CO CO CD O O CO CO 11- CO y N + N Cl m O N V V O N- N V O CD ..-. 1- O m N.- C) CO O m N- CO CO V O e- CO y N 69 69 69 69 69 N 1 69 69 69 69 69 G 0 N o U v m Lo CO X W a0i 0 Z a) 0).E co m .E 0).E coca m .E E " .. c co E (n u) m a) E m n m Q C Z O o a) m Q To (n w O) m m <-C' .� "c05-"' w 00 Z t Z a o m H g U a Q c co F U Q Q °) O N o >'- m A CD 0 N a) o U (O CU V 'p O F- 0 -o 0 .O c N N .� CL .O "- -.-• 'O 'O a) d U N w O N N O O` O` (U COet O c a C) a U a a a a 0 a a N `m Q - N m O m `) (6 N M M CO V O N M M CO --;---- u- ~ a 3 ooacn 2aa. o_ w co �0 2 ¢ aa. w a0 a o 0m 0 o 0 s cc 0 ,u2 w, `o to n n (D_ w _ = 0 ~ 3 Ol m Cl) o (zw O 0 > co -- �O %O z m N °a rn _ > 3 a > J C L lJJ U T .3 o a o E -o + C + ONi CO '� o L O C Y 0 3 Q d E CO c N O c Y C U o d U O U Cn F- Cv Q (V 0 Cl) m CO X 69 .Q d 0 0 Cl)ma0) ca= -CO 0 co CO aci W o p-2 J w m as m W w m m 2 cu CD C m w J aUJ 7 v LL 0 O N o V a) co .0 u_ C O N E L O Q a Et -o CO m E ) (u a `_ N a E `m E m (u s °) > > O 0 0 E Y 2 < I- -, 0 Cl) Cl > 2 Cl) U 2 Q I- -, 0 0 0 0 Cl) 11 C/) 0 H cc c.) a ` CITY OFCITY HALL Federal Wa 2537�Oue South 33325 8th y Federal Way,WA 98003-6325 www cityoffederaiwaay.corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: IP, ir 1, � Jim F. -ell, ayor ha ie Courtney, CMC, f Clerk DATE: V. -y> APPROVED AS TO FORM: Air ili;fr -to', J. Ryan Call, City Attorney KBA, INC.: V BY: iLtif Printed Name: Kristen M. Overleese,PE Title: President Date: ( 2 l`� STATE OF WASHINGTON ) / ) ss. COUNTY OF O this day personally appeared before me Kw ` J S&, to me known to be the OA of KBA, INC. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument and that the seal affixed,if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 7-2- day of 14).A . , 2019. Notary's signature )V vN Notary's printed name --1 ‘1\k, a/A&A Public Notary Public in and for the State of Washington. ing llin�ton State of Notary aa My commission expires I .3o •2-1 D.M.KIERNAN-OTTUM MMYCOMMi"sIGN TXPTRES JANUARY 30,20.11 AMENDMENT - 2 - 3/2017 Edited 11/14/19 RETURN TO: PW ADMIN EXT: 2700 ID#: Ll V CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON:_ 1 EXT: 3. DATE REQ.BY: 3. TYPE OF DOCUMENT(CHECK ONE . nu-k 11CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT XPROFESSIONAL SERVICE AGREEMENT [IMAINTENANCE AGREEMENT iiGOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME:_Vy t-C Cl�\ 1 C�/�S�Y«lC 1�1511� r/ I YI r7 P _��1.0/ se 6-u(1. 5. NAME OF CON -�p0 TRACTOR: K �lC� ADDRESS:_I Q O I SE �`N1 $� I fQ G S'G�� I TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXH113ITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR t CSO RACT/AMENDMENTS CFW LICENSE#_It 1�9�) LY�U BL,EXP. 12/31/ iiCi UBI#1OQI yo7��fY r EXP. I1 1.30 0201 7. TERM: COMMENCEMENT DATE: e12, 119 1 COMPLETION DATE: 112'31'2020 �e contact) 8. TOTAL COMPENSATION:$_/("2 C)o 6 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES 6-NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES lVi S,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT; ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: c A0 1-111-11 10 9. DOCUMENT I CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED `19.PROJECT MANAGER �%DIVISION MANAGER c .. ...., ........ I'f�EPUTY DIRECTOR47- DIRECTOR Z ❑ RISK MANAGEMENT(IF APPLICABLE) �g d/I✓AW DEPT �,� 7 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING i ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �� ,I' 1� DATE REC'D: — ❑ 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 COUNCILAPPROVAL IS NEEDED.) INITIAL/DATE SIGNED )CLAW DEPT _ ...........: OIGNATORY(MAYOR OR DIRECTOR) " I CITY CLERK - ,gASSIGNEDAG# 'A # ,V SIGNED COPY RETURNED TE SENT: VRETURN ONE ORIGINAL COM NTS: ; "� EXECUTE "ORIGINALS �j�(� - 'Lop � " i&5 1/2018 eE j,ft {-`j (sfl AL � , RETURN TO: PW ADMIN EXT: 2700 ID#: ; 3 LI ° • CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: 'S 1 t L€ t 4 r EXT:,�2�I Ii 3. DATE REQ.BY: it 11. 3. TYPE OF DOCUMENT(CHECK ONE : tXl:fojil r) O 1 ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ,w\ ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) O ORDINANCE ❑ RESOLUTION o CONTRACT AMENDMENT(AG#): o INTERLOCAL ❑ OTHER 1 �y c'� t 4. PROJECT NAME: i "V` gL C �K V J 1C.P..c �]5 W 5. NAME OF CONTRACTOR: K '1C ADDRESS: I 1 eR0 ( SE g-t-nrS±I 5t I (QG 8tUtVU,t,oh gE-DO`! TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES o COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR Co TRACT/AMENDMENTS CFW LICENSE# a\(s95 j (v.) BL,EXP. 12/31/$09 UBI#(DO I 'f?4, ya n,EXP.L/30 Rai? 7. TERM: COMMENCEMENT DATE: 3/ 2 t 119 COMPLETION DATE: 14/31/i 9 8. TOTAL COMPENSATION:$ /(Oc ,00 6 (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 6-NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 0 YES A � IF YES,$ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: J V/4 ❑RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED o PURCHASING: PLEASE CHARGE TO: C yea° \ A LI ( ( 0 9. DOCUMENT I CONTRACT REVIEW INITIAL 1 DATE REVIEWED INITIAL/DATE APPROVED ', ,PROJECT MANAGER IVISION MANAGER F , / , r�,afy�a:�� V EPUTY DIRECTOR y )L -i,4-t C/-,'721MEf�7�.V I DIRECTOR ZII/A�a1►i('+7 o RISK MANAGEMENT (IF APPLICABLE) 1 CVAW DEPT (9 7 ,0 b,I an • -MI /q ,_ 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING o SENT TO VENDOR/CONTRACTOR DATE SENT: 3- I-1" 1 C1 DATE REC'D: 'AQ a—1 o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED -Et-FINANCE DLPARTMUNfS ��i"��/�IEE " LAW DEPT ,W,So_ LoIGNATORY(MAYOR OR DIRECTOR) _yc�®R CITY CLERK Ifi� MFE!' ASSIGNED AG# A, # Mk n .) SIGNED COPY RETURNED a TE SENT: .D S.11 ETURN ONE ORIGINAL �' •� COM NTS: - EXECUTE" ORIGINALS 'N) v,a Y-)c j f J C: ,r , S`C JK.a )CI\[� )1 L irt.s n.��Ilr�.Ckc),,A fI,_ -SSI U�'IGi _e e ., kir,eA31,tco pAD -IP d jo_y\ 1.k.,r_lid_ .Q..,Ar_:\ ,5, , C"' . . . -) 1 j iL, et ,LA(: cit, k j e"& D A`)'Neen 1/2018 A Needle 4,;) d'i C (AS t ry(o pe G.( wad_ 317 111. b, .0 d hica yytkAL, 54 f , 95. A � CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way.WA 98003-6325 (253) 835-7000 wtvw cityoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and KBA, Inc., a Washington corporation ("Consultant"). The City and Consultant (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: KBA,INC.: CITY OF FEDERAL WAY: Deborah Ottum, CPCM Sarah Hamel, Capital Projects I ngineering Manager 11201 SE 8th Street Suite 160 33325 8th Avenue South Bellevue,WA 98004 Federal Way,WA 98003-6325 (425)455-9720 x120 (telephone) (253) 835-2720(telephone) (425)455-9732 (facsimile) (253) 835-2709 (facsimile) dottum@kbacm.com Sarah.Hamel@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2020("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties, via an executed Amendment. 2. SERVICES. The Consultant 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 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 Consultant 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 Consultant fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Consultant ineligible for City agreements in the future. PROFESSIONAL SERVICES AGREEMENT - 1 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South ry Federal \Nay Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Consultant 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 Consultant 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. 4.2 Method of Payment. On a monthly basis, the Consultant 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 Consultant 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 Consultant 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 Consultant Indemnification. The Consultant 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 the intentional or negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. Consultant shall ensure that each sub-Consultant 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 Consultant pursuant to this paragraph. The City's inspection or acceptance of any of Consultant'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 Consultant 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. Consultant's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits PROFESSIONAL SERVICES AGREEMENT - 2 - 3/2017 CITY CITY OF HALL Federal Way 33325 8th A.WA South 003 Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 Consultant, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- Consultants harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Consultant agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Consultant, their agents, representatives, employees, or subconsultants for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Consultant 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 Consultants, 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 Consultant. 6.2. No Limit of Liability. Consultant's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Consultant'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 Consultant's insurance and shall not contribute with Consultant'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, Consultant 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, Consultant shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. If Consultant's insurance policies are"claims made,"Consultant shall be required to maintain PROFESSIONAL SERVICES AGREEMENT - 3 - 3/2017 4%6, CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 Consultant in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Consultant may be grounds for immediate termination. All records submitted by the City to the Consultant will be safeguarded by the Consultant.The Consultant will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. S. 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 Consultant while performing the Services shall belong to the City upon delivery. The Consultant 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 Consultant shall be delivered to the City. 9. BOOKS AND RECORDS. The Consultant 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. 10. INDEPENDENT CONSULTANT. The Parties intend that the Consultant shall be an independent Consultant and that the Consultant 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 Consultant 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. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subconsultants 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 Consultant's own risk, and Consultant 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 Consultant 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 Consultant, shall not be deemed to convert this Agreement to an employment contract. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Consultant 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 Consultant's ability to perform the Services. Consultant shall endeavor to resolve any such conflicts of interest in favor of the City. Consultant confirms that Consultant does not have a business interest or a close family relationship with any City officer or PROFESSIONAL SERVICES AGREEMENT -4 - 3/2017 CITY OF CITY HALL Federal 33325 8th Avenue South Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway com employee who was, is, or will be involved in the Consultant's selection,the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Consultant'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 Consultant or its subconsultants of any level, or any of those entities' employees, agents, subconsultants, 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. Consultant 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 Consultant 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 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 Consultant 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. PROFESSIONAL SERVICES AGREEMENT - 5 - 3/2017 CITY OF CITY HALL Federal \Nay 33325 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederaiway corn 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 Consultant'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 Consultant 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 - 6 - 3/2017 CITY OF CITY HALL Way 33325 8th Avenue South Federal Federal Way WA 98003-6325 (253) 835-7000 www crtyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: • Jim Fir 1, ayor *( hani urtney, C , City Clerk DATE: L 1 APPROVED AS TO FORM: ‘171'59r* TO(J. Ryan Call, City Attorney KBA, INC.: I 4 By: %.r 4 m (Printed Nam 6,411. &1 -1 < r Title: (42 DATE: ?)12C STATE OF WASHINGTON ) ss. COUNTY OF ; 1r/A On this :hy personally appeared before me OVQY 1-k 5e-r-to me known to be the rt- . `-'1k— of KBA, INC. that executed the foregoing instrument, and acknowledged the said Inst ment 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 21) day of NI r , 20±f1 Notary's signature � Notary's printed name L L tri 1.-?e y !l i LAURI LEE WYNN , Notary Public in and for e State of Washington. I NOTARY PUBLIC#120371 My commission expires 01 — 4 STATE OF WASHINGTON i COMMISSION EXPIRES JULY 29,2022 PROFESSIONAL SERVICES AGREEMENT - 7 - 3/2017 CITY OF CITY HALL ■ edera' �y 33325 8th South Avenue So F Federal Way.WA 98uth 25 (253) 835-7000 www cityoffederalway corn EXHIBIT A SCOPE OF SERVICES Construction Management Services for Downtown Staircase (21st Avenue S Pedestrian Connection) KBA, Inc. (Consultant) will provide Construction Management (CM) services to the City of Federal Way (Client), for the Project known as Downtown Staircase (21st Avenue South Pedestrian Connection), (Project). These services will include consultation, contract administration, as needed observation, and documentation, as required during the construction of the Project, as detailed below. Project Description: Construction of a staircase Downtown, to include sidewalk, pedestrian walkway ramp, illumination, landscaping, irrigation improvement, and other work for the "Downtown Staircase" located on 21st Ave S (S 314th St to S 316th St). The Designer of Record on this project is Berger/ABAM (Designer). Also included with this scope is other CM services on other City Projects as assigned. I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract Management. Provide overall day-to-day management of the consultant contract and staff, including: 1. Decide on best modes and frequency of communication with Client and Designer. Liaison and coordinate with Client on a regular basis to discuss Project issues and status. 2. Review monthly expenditures and CM Team scope activities. Prepare and submit to Client monthly, an invoice and progress report describing CM services provided that month. 3. Manage CM Team, comprised of Consultant's staff. Organize and lay out work for Consultant Team. 4. Orient Client-provided Inspectors to Consultant inspection procedures and documentation. Deliverables • Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. 2. Organize and lead preconstruction conference: a. Prepare and distribute notices. b. Prepare agenda. c. Conduct the meeting. d. Prepare and distribute meeting notes to attendees and affected agencies. 3. Provide one set of preconstruction photographs. PROFESSIONAL SERVICES AGREEMENT - 8 - 3/2017 CITY OF CITY HALL ' ....labFederal 33325 8th Avenue South Way Federal Way. WA 98003-6325 (253) 835-7000 www cit yoffederalway corn Deliverables • Preconstruction Conference Notice, Agenda, and Notes • Preconstruction photos, digital files on electronic storage medium C. Construction Phase Services—Contract Administration 1. Liaison with the Client, construction contractor, Designer, appropriate agencies, property owners, and utilities. 2. Provide the Client with brief monthly construction progress reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality/scope. 3. Schedule Review: a. Review construction contractor's schedules for compliance with Contract Documents. b. Monitor the construction contractor's conformance to schedule and require revised schedules when needed. Advise Client of schedule changes. c. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor's schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. 4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes, and distribute copies to attendees. Track outstanding issues on a weekly basis. 5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 6. Record of Materials. Provide Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received and advise of any known deficiencies. 7. Prepare weekly statement of working days and distribute to the Client and Contractor. 8. Manage RFI (Request for Information) process. Track and review/evaluate, or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 10. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment requests submitted by the construction contractor. Monthly pay requests shall include preparation of summary field notes records and force account summary sheets. Review with Client and construction contractor, and recommend approval, as appropriate. 11. Evaluate construction contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 12. Notify construction contractor of noncompliance. PROFESSIONAL SERVICES AGREEMENT - 9 - 3/2017 ilk CITY OF CITY HALL South Federal Nay Feder 8th Avenue 8003 Federal Way. WA 98003-6325 (253) 835-7000 www cftyoffederalway corn 13. Prevailing Wage Monitoring: a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on-site wage interviews, at project start and then spot check remainder. 14. Assist the Client in the investigation of malfunctions or failures during construction. 15. Public Information. Provide information for Client to prepare media communications and public notices on Project status. Provide information for Client's inclusion into a Project website and/or newsletters, if requested. 16. Record Drawings. Review not less than monthly, the construction contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor-prepared Record Drawings. 17. Document Control. Establish and maintain document filing and tracking systems, following Client guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. One hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project Website, using SharePoint software, managed and hosted by the Consultant. The Client will be provided with up to 4 licenses for their and the construction contractor's use of the SharePoint website during the Project. Consultant will provide one training session each for Client and construction contractor users of the SharePoint system. c. The Project SharePoint site will transition to "read-only" access upon expiration of the Agreement, or upon project completion and transfer of final records, whichever occurs first. Transference of final records will include a digital copy of the files stored in the Project SharePoint site. Access to SharePoint will expire following that date. d. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. 18. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and Final Completion for Client approval and signature. Prepare final pay estimate for Client approval and processing. 19. Final Records. Compile and conveyfinal Project records, transferring to the Client for archiving at p J final acceptance of the Project. Records will consist of hard copy originals and electronic records on electronic storage medium. Deliverables • Monthly Construction Progress Reports • Schedule Review Comments • Meeting Agendas and Notes • Submittal Log • Record of Materials • RFI Log PROFESSIONAL SERVICES AGREEMENT - 10 - 3/2017 11146, CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way. WA 980038003 -6325 (253) 835-7000 www citvoffederalway corn • Change Order(s) • Progress Pay Requests • Certificates of Completion • Final records—hard copy and electronic D. Construction Phase Services—Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the Client of any non-conforming work observed during site visits. 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. Upload IDR's daily to SharePoint. 4. Interpret Construction Contract Documents, in coordination with Designer. 5. Evaluate issues which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. City Inspector to communicate with adjacent property owners and respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help facilitate administration of the Project in accordance with funding agency requirements. 9. Attend and actively participate in regular on-site meetings. 10. Punch List. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. 11. Consultant will provide observation services for the days/hours that its' Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non- conforming work and pursue the other remedies in the interests of the Client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Client's expectations. 12. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is synonymous with "construction observation, and reference to the "Inspector" role is synonymous with "Field Representative," and means: performing on-site observations of the progress and PROFESSIONAL SERVICES AGREEMENT - 11 - 3/2017 CITY OF CITY HALL 'N.. Fe d e ra I Nay 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 wwwcityoffederalwvaycorn quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the Client if Work does not conform to the Contract Documents or requires special inspection or testing. Where "Specialty Inspector" or "specialty inspection" is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. 13. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. 14.Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. 15. If Consultant provides Value Analysis or Value Engineering services, it is understood that any ideas, advice, or recommendations generated by the Consultant are made based only on the information presented to them, and need engineering analysis by the Designer to verify; Consultant is not responsible for the final design product. Deliverables • IDRs with Project photos submitted on a daily basis when KBA provides inspection coverage. • Punch List(s) E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted from March 18, 2019 through September 18, 2019. This is intended to span the originally planned construction duration of 100 working days, plus time allotted to review submittals prior to construction start, as well as additional inspection services as assigned by City, along with start-up and closeout services. Field staff work day will start and end in Federal Way, or at KBA office prior to start of construction. Overtime has not been figured into the budget. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover such instances as the following, Client and Consultant will negotiate a supplement to this Agreement: i. The contractor's schedule requires inspection coverage of extra crews and shifts. PROFESSIONAL SERVICES AGREEMENT - 12 - 3/2017 CITY OF CITY HALL Ahh, 33325 8th Avenue Federal Way Federal Way.WA 980038003 -6325 (253) 835-7000 wwwcity offederafway com ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. d. The budget assumes that Consultant's standard forms, logs, and processes will be used on the Project SharePoint site. Any customization to meet specialized Client requirements will be Extra Work. e. Should Consultant's level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. 2. Items and Services Client will provide: a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. b. City inspectors will work under and take direction from the Consultant RE, and work with the Consultant team to deliver this Scope of Services. Client-provided inspectors will provide the same observation and documentation to the same level of detail expected of Consultant inspectors. c. Field office, including: i. workstations(desk, chair, and storage) for 1 staff ii. conference table and chairs iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color iv. hi-speed data connection v. miscellaneous office supplies vi. utilities and sanitary facilities d. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. e. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. f. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget/ PROFESSIONAL SERVICES AGREEMENT - 13 - 3/2017 41/46 CITY OF CITY HALL 33325 8th Avenue South Federal VVay Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Consultant an amount not to exceed One Hundred Sixty-Two Thousand and 00/100 Dollars ($162,000.00). 2. Method of Compensation: See Exhibit B attached. PROFESSIONAL SERVICES AGREEMENT - 14 - 3/2017 N N CO O CO CO CO M• O CD co N CD N O CO N H- CO ,; 0 = 0 OD CD CO CO CO IN- d- CO N N N co CO et N r e O O ti n Q r m CO M r N Ln fA I� r N d� CO +- 6. W r 6. N 1� -a CO CA CV N ¢ CD N N CO. 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A r Ce OD LL! e1'OD co CO 10 CO N U d' N r CO r r 10 Co °' VU) U 1- 1-- CO-co to f- Hi co to co fA CC U}ut U) -co-Uf CH LC 'O 0 LL) CO O N LO CO C N ,F, d C r co, 1- O r M ti O O .4- c0 CCLO O O C� C CO a) N 6~4 GMA &M4 t0 N (fl M O 0 co o d LL > _ _ n CO O `: CON O O �} �{ CD O C ¢ '� Z 0 07f Q) d CO CO ‘=! NO IN t00 e-� t0 T COO O r a0o a N o CCI NOG F. Cf)E9 N CO EU QO d3 CA Gv NoU LD = X ' W `m a`) Ci G; o)-5 Leo c m e 5 c 2 E `u E y rn co E Ti) tr ICI z z . -- m a) 2 ¢ Q w y) � < ? aa)) 'U a Lo 2, a ~ o f . S ~ m i� aci O V -o a) F- a y d o LL a) a) : ti O a s m aCi o Z a. U a ¢ o a o -o `°3 N Q cci _ U a m 1-- L U co U 0 fa- N M M d- U M¢a•W a Q o co a W a ¢-w 7 o co 3 a .y. C� _@D = o w a m -41 r..� a) m t01) o W LL p Y i m a) l� O O Z 2 a °� co- (3 p Q d E co Milk > m J ! - jII •Se J m m m >a m° Loo m J p LL '�O d ('�'j N (/) .Q 1„L, "d Q) CO N m � C coq Q Y co L7 aa)) _t i) oE '` m -ami a`> m a m oo H U m CO E op l a) �) 7 O )n E m t > > 7 a) C o O O" M Q1- Uco G > co 0 QF- 000OcoLL coQ F- cc C) o. RECEIVED MAR 1 4 2019 KBA, Inc. EXHIBIT C Client#:322877 KBAINC ACORDTM DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 3/20/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CCT Desiree Cenker NAMONE:TA USI Insurance Services NW PR PHONE 206 441-6300 FAX 610-362-8530 (A/C,No,Ext): (A/C,No): 601 Union Street,Suite 1000 E-MAIL Seattle.PLCertRe uest usi.com ADDRESS: q Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Travelers Indemnity Company of CT 25682 INSURED INSURER B:Xl.specialty Insurance Company 37885 KBA,Inc. INSURER C: 11201 SE 8th Street,Suite 160 Bellevue,WA 98004 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/YLIMITS LTRINSR WVD POLICY NUMBER (MM/DDYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY X X 6800J802318 05/10/2018 05/10/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(Eaocccu RENTED $1,000,000 MED EXP(Any one person) $5,000 _ PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 7 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X BA8570X17A 05/10/2018 05/10/2019 dent)SINGLE LIMIT _$1,000,000 warm i X ANY AUTO BODILY INJURY(Per person) $ OWNEDOSONLY UTOS SACHEDULED BODILY INJURY(Per accident) $ AUT HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X 6800J802318 05/10/2018 05/10/2019 PER ETH AND EMPLOYERS'LIABILITY STATUTE 12 - ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional DPR9925263 05/10/2018 05/10/2019 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project No.18-042-02; Project Name:Downtown Staircase(21st Ave S Pedestrian Connection) The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,City of Federal Way,only when there is a written contract that requires such status,and only with regard to work performed on (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ANYELLED City of Federal Way THE SHOULD EXPIRATTIIONH E DARD E AV THEREOF,E E NOTICE WILL BE CBE CDELIVEREDO NE 33325 8th Avenue S ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25251566/M25251561 SRSJV DESCRIPTIONS (Continued from Page 1) behalf df the named insured.The General Liability and Automobile Liability policies contain a special endorsement with"Primary and Noncontributory"wording,when required by written contract. The General Liability and Automobile Liability policies provide a Waiver of Subrogation when required by written contract. SAGITTA 25.3(2016/03) 2 of 2 #S25251566/M25251561 POLICY NUMBER: BA8570X17A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow;and tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a covered "auto". ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. (b) Any "auto" that is hired, rented or bor- 2. The following replaces Paragraph A.2.a.(4) of SECTION II—COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- AGE: E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- I—COVERED ATOS: $1,500 for temporary transportation expense in- TIONcurred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an"insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments "at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or lease; and ranty; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered"auto"of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident"or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5.Other Insurance,this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy y period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy#6800J802318 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to to organization for to non-contributory basis, this insurance is primary any person or to other insurance available to the additional coverage as an additional insured specifically is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". g (2) The "personal injury" for which coverage is In the event that the Limits of Insurance of the g. sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that organization is an additional insured limits of insurance described in Section III — person or under anyother insurance. Limits Of Insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person 'or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the"personal injury" offense is committed. • Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission