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AG 19-182 - KPG RETURN TO: PW ADMIN EXT: 2700 ID#: 4131 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: ,PUBLIC WORKSm/Capital Projects 2. ORIGINATING STAFF PERSON:John Cole EXT: 2718 3. DATE REQ.BY: 8/2/22 3. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT m PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ® CONTRACT AMENDMENT(AG#): 1 9-182 ❑ INTERLOCAL ❑ OTHER Amendment 44 Call Surveying Services �4. PROJECT NAME: On- - .......... ......�,__ m ..�_ .. .... 5. NAME OF CONTRACTOR: Psomas dba KPG Psomasr Inc. fka KPG,� P.S. ADDRESS: 3131' .I�Nliott Ave, Suite 400, Seattle, Wig 11 1 .. TELEPt-P)NF:2 -286-164 E. rI IL:,,.....ek�@o-.g.com � FAX: SIGNATURE NAC�1.I Mike Bowen, PLS "IT ILL: Survey Marpgff 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.12/31f UBI# ,EXP. 7. TERM: COMMENCEMENT DATE: 9/4/1 9 COMPLETION DATE; 6/30/25 8. TOTAL COMPENSATION:$Adt ing$100,000(Am 4) ' $300,000(T'6744jj (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED: ❑YES ❑NO IF YES,$m PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 301-3100-111-594-31-411 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE R.LViEWE'D INITIAL/DATE APPROVED , 8 PROJECT MANAGER JC 7126/22 - o§mnv W c A—rawie� ...... ........ . 8 DIVISION MANAGER oaa:mamze+s a.:++o 00 8 DEPUTY DIRECTOR DSW 7/29/22 6 DIRECTOR EJW 8/9/2022 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT J C 8/112022;KVA 8/9/2022 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: .... COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. COS EL I SIGK 'I glIII4 itOl'"I'INC: "° r. ,. N FN'8 TOVFNDIIRICON RACTOR DATE SENT: � � � � a DATE REC'D ._ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL 1S NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT 1 _.... ........ i „LAW DEPT J J NATORY(MAYOR OR DIRECTOR) ,U CITY CLERK � � ❑ ASSIGNED AG# • SIGNED COPY RETURNED DATE SENT. COMMENTS pp wg EXECUTE" B "ORIGINALS 1/2020 CITY CrrY HALL 33325 8thAvenue South FederalAll'!� Federal Way Way,WA98003-6325 ( 53) 835-7000 www cityoffederahmy corn AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SURVEYING SERVICES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation("City"), and Psomas dba KPG Psomas, Inc. formerly known as KPG, P.S., a California corporation ("Contractor"). The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for On-Call Surveying Services("Agreement")dated effective September 4, 2019, as amended by Amendment Nos. 1, 2, and 3, as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto,shall be amended and shall continue until the completion of the Services,but in any event no later than June 30, 2025 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-4,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect.Any and all acts done by either 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 CrrY HALL 33325 8th Avenue South Federal Way Federal 93003-5325 (253) 835-7GOO c4vffederah4ey,corm IN WITNESS, the Parties execute this Agreement below, effective the last date written below, CITY OF FEDERAL WAY: ATTEST: " Jim F ell, ayor eph pie Courtney, CMf ity Clerk DATE: m, APPROVED AS TO F : 7 . Ryan Call, City ,ttoa-oe PSOMAS DBA KPG PSOMAS, INC.: By: � . Printed Name: t Title: U 0(-V Date: d STATE OF ..,. � ss. COUNTY OF y personally appeared before me . ? to me known to be the On this Ala ersorxall a pp ear i and ackno led ed the paid instrument� �t1�of that executed the foregoing instrument, g to be .,, 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, � t f� c�ia1 seal this ��" day �..a� I � 20. f 140* 1 . � � rY g � � , �� Notary's s� ua.ure o Or Notary's p�.irte allot Public in '�...� ��. 108140 Y p e State of Wasl�in x on. Notary and for th n M commission expires_,, i:le ". °. t AK t AMENDMENT - 2 - 3/2017 CITY OAF CITY HALL 3335 8th Avenue South Federal Way Federal Way,WA98003-6325 (2 )835-7000 www WyoffederaMay com EXHIBIT B-4 ADDITIONAL COMPENSATION 1. Total Compensation:In return for the Services,the City shall pay the Contractor an additional amount not to exceed One Hundred Thousand and 00/100 Dollars($100,000.00)The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed Three Hundred Thousand and 00/100 Dollars ($300,000.00). 2. Method of Compensation: Hou�ate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: KPG, PS Effective January 1, 2022 through December 31, 2022 Classification H urly Billing Rate Survey Manager 225 Project Surveyor 148 .Survey Technician 122 Survey Crew I one- erson 178 Survey Crew II two-person) 228 Survey Assistant 80 Administrative 92 Reimbursables billed at actual costs. Mileage billed at the current approved IRS mileage rate. AMENDMENT - 3 - 3/2017 jjnj,A%AMOUS %RJT III'Pi. ii CONSENCT Oil THE BOA It D 0 F' D1 RE ir'1'0 A�S 0 F1 PSO N11AS, I'm mmm corpurikil lon. rr r, 3,�$ 2 02 1 UIE UNDERSIGNED, An, aH of On nwalms of he Qmh of of oi'w W, Om Wkwing rcohnkns vvrdmUC 3 as cA"Ow (lade N,, plu,mnv to Swavm 3ollm 4 4 Hw(Inaml (Irpnolm Law of CaNWO RESOLVED tht, Ac AAWN Y,`C6fl9Pain, C)ffjcvA of Me CnToWaj be W fmmby we awhoW lx:r, execuw any and aU docurnew re quird to condus the Qspmss of ffie ir'rclucfing, but r nf' to co'�nfr-';P,,cts, la roses, aml, IT IS FUKYHEIR RESOUVED AM agAve OgnMuse ON& DRkiins hsttd hevem shafl be suffi6ent 11:11) kmnd the S pr0clent mict KdO< TARDMT1 1'rensum, S<cietar�( (A LA D "W i L SON /ce plesident, CRANAHRENS Adu NmWem 11!C 11111 kx 111n csi&0 SESSUE ASA 11) WePMAW BUTFRARNEW �'�ce 111'esidew JOSERi BAR FORFTIJ n1111cre 11nesideri� ni ce: Presklent STEWN BEM 11111/ice 'Y1 A P C f I L d,\��Id Flre5�idc!m Pmshient Nfl(]H,dN,F'1, B01%10` ,J %/ice N resedcrt JO&��Pl't 1, Bo'r'1'1� \6�'x PTI!!!sklent SCOUBRYW l presldii!!�110 E, B 1,1,,r)CIC %+'"ic A REY (AESS We mTj&1v N,IARCL611, "ll !�'r c!s:��jc I�T FAATYHFW 1) CIARK We Pm,&m �111.11(1W�A J G!REHA-`4 1,6i:c Presic�l:�nt SARAH CURRA''14 livNce U fl�l ; D"k Iv, POR1 Pre s:i6en� ANCY DAY �'�ce piresidem WHIJAM Esrmi� V we Reswein� MARY FROM VIC NwAut ROSE FM RDVR' VW Pmklem PEVER ITI ZPA IR HWV', 'V"i C C f'TeSk I ell I I DAN JURCEN" �11l!:rit W:c!: Flrm�;jent 3AWN FRHY1 RR [�cs"dent PAUPWKVACU V00 MWWA Vi !`lvsudent N/k;c 1Iri skJpnt [M00'4iE B, GiZ[0''I rl'ri sklert Lb�°u II,S Pm;��Ijeni! 'If 1U NIER Pn idcn� ij,r1a 11,x ous 'Wr tten C"ninsero, ("l(the 1"k)"ard, Decem her 31 202 Pip 2 AM HOKUM Me Pmswm)t gomwr L 1ANNARUS) Me MAW IR I(A f AT 1) Ilea AJ JERENTY K1110SSQ",),l .fell 430U1S1UJ vve PmAdmit [,1,J 1,4(,i A 11�9 I Vice flmiidert ER ,,6APUIIS Me PmAhni FRAT,4'K Me Mderit fieAILILFR Me PmMdmt ,")AVID A 'j"vIOR,ITZ Vice MeMlit NA I HAN I h.MOZEI,,,,, Me PmMM ARIEF NAFTAK VIC R&M ANDREW 1q9CdKH994,ET',4 vlet", F�res�r'terll, H I)(�)I 91`1 P"I 011111I Me Mumit TRA",/15 Tore pmswm,it T9a;aP4 III R Sl< VVeMM P�,,AKAIAELR REI)IG, vVeRMOM TEREmA MUTTER VIePmMdmt SCUIT ROCKF, vlepmAdmt GARYSK II'EL Vi�ce Plm;ident S EAJ4 S M M I Vic pmtdmt 11 RA) SNUI I 9 %, PMAMt P,JCPIAJ,aJ) ]"A SU(JJVA MePmAdut IlIll(l lA,f,,[, D S'A/A ",/icx F"nesident R09HRI n I AlAYUS V�ce llyes�dent KE'll .,IL. ict P"i e ;, deem BYRON (y 70BUt JR Me ATMdmt K I?,A B L Y (]�I,A E I Q WEN D F R RPUBMI TULENTIN), V,/'EtLA!',4D ll/i;e Pr ],Fl� %k/lIFFELEY Vce President W F',l IC'i FT', JR vve pmswm,lt YU,,lTFZ Me nedhol ThN lbadn"i,0118 W?ittell hefik�d "'vitln fht .Airu,�tes of tire procee(',fings of thtt E3'caard of en herehy Mxe an sune Me and eRict as if Qum a rnee6nj,d*,,, CANd wo h0l. R)an F. N&L eari Da6d A. MoM Dvlatthe,vv D,Chid"(, e I 1,),c Unanimous Written Consent of the Board of Directors of Psomas December 31,2021 Page 3 Ann Johnston Steve Margaroni ,eloq ............... Alejandro Angel Byroni°" Donald Lee Whiteley 7/27/22,11:50 AM Corporations and Charities System Ss r 0a ris d Charities Filing System BUSINESSI Business Name: PSOMAS DBA KPG PSOMAS INC. UBI Number: 604 635123 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 555 S FLOWER ST STE 4300,LOS ANGELES,CA,90071-2405,UNITED STATES Principal Office Mailing Address: 555 S FLOWER ST STE 4300,LOS ANGELES,CA,90071-2405,UNITED STATES Expiration Date: 07/31/2023 Jurisdiction: UNITED STATES,CALIFORNIA Formation/Registration Date: 07/09/2020 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL,SCIENTIFIC&TECHNICAL SERVICES REGISTEREDINFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1,TUMWATER,WA,98501,UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1,TUMWATER,WA,98501,UNITED STATES GOVERNORS hftps://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/2 7/27/22,11:50 AM Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL STEVE MARGARONI GOVERNOR INDIVIDUAL MATTHEW CLARK GOVERNOR INDIVIDUAL LEE WHITELEY GOVERNOR INDIVIDUAL CHAD WILSON GOVERNOR INDIVIDUAL NICOLAS TARDITTI Back Filing History Name History Print Return Business® � ss Search https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 2/2 RETURN TO: PW ADMIN EXT: 2700 ID#: 4027 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: N BLIC'WORKS i CAPITAL PROJECTS 2. ORIGINATING STAFF PERSON: JOHN COLE EXT:_2718 3. DATE REQ. BY: 12/17/21 3. TYPE OF DOCUMENT(CHECK ONE): p CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT(AG#): 19-182 ❑ INTERLOCAL ❑ OTHER 4. PROJECT N ON-CALL SURVEYING SERVICES Amendment #3 5. NAME OFCO:IkA( TOR. KPG ADDRESS: 3131 Elliott-Ave,., Suite 400, Seattle, WA 98121 TELEPHONE:206-286-1640 E-MAIL:-mikeb�D q.Cam_ FAX: SIGNATURE NAME: Mike Bowen, PLS TITLE: SUrVe Manager 6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /_ 7. TERM: COMMENCEMENT DATE: 09/04/19 COMPLETION DATE: 12/31/23 8. TOTAL COMPENSATION:$_add $550,000. new total $200,000 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: k]YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: O YES 0 NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 301-3100-111-594-31-411 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED 6 PROJECT MANAGER JC 11/30/21 6 DIVISION MANAGER SLH 12/1/2021 d DEPUTY DIRECTOR DSW 12/3/21 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT 12/6/2021 MP 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: 12/08/21 DATE REC•D:12/13/21 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT 6 LAW DEPT 6 SIGNATORY(MAYOR OR DIRECTOR) 8 CITY CLERK I ❑ ASSIGNED AG# AG# �T� C ❑ SIGNED COPY RETURNED DATE SENT: 214111 COMMENTS: EXECUTE" "ORIGINALS 1/2020 CITY OF CITY HALL 33325$th Avenue South F d tir.+ a ay Federal Way,WA 98003-6325 (253) 835-7000 www cilyoffederatway cony AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SURVEYING SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation("City"),and KPG,P.S.,a"Washington corporation"("Contractor").The City and Contractor(together "Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for On-Call Surveying Services("Agreement")dated effective September 4,2019,as amended by Amendment Nos. 1 and 2, as follows: i. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2023 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-3,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either 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 - Rev. 3/2017 CITY OF CITY HALL &lk 33325 8th Avenue South Fe d G ra I Wa y Federal Way,WA 98003-6325 (253)635-7000 wmv cityoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Ji f en e , Mayor S phanie Courtney, CMC, i t Clerk DATE: fr 2 APPROVED AS TO FORM: / 7 . Ryart Call, City Attorney KPG, P.S.: By: 0ji Printed Name: Michael R. Bowen Title: Survey Manager DATE: 12/09/2021 STATE OF WASHINGTON ) ) ss. COUNTY OF__ '� ) On, this da- pc+5onally appeared efore me VTIWA 1, to me known to be the �\NN w �", �` I`._ �' of — - that executed the foregoing instrument,and acknowledged the said instrumento 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 seaall of said corporart�-iioon-.-� GIVEN my hand and official seal this / day of ti-�` 1 L7 ?A; , 20 �,�++•'""'""'�•■,�� Notary's signature '- . "kt�NE Notary's printed name Jgy2p% 4 1, Notary Public in and for the State of Washington. C� C;�° ' :�': My commission expires 14 L 1Al2. Z w i ""�'. 'OUBL�G • 2� AMENDMENT - 2 - Rev. 3/2017 CITY OF CITY HALL 33325 8th Avenue South y Fe d e ra l Ida Federal Way,WA 98003-6325 ' °r (253) 835-7000 wwty olyoffederalway com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation:In return for the Services,the City shall pay the Contractor an additional amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: KPG, PS Effective January 1, 2022 through December 31, 2022 Classification Hourly Billing Rate Survey Manager 225 Proiect Surveyor 148 Survey Technician 122 Survey Crew I one-person 178 Survey Crew 11 (two-person) 228 Survey Assistant 80 Administrative 92 Reimbursables billed at actual costs. Mileage billed at the current approved IRS mileage rate. AMENDMENT - 3 - Rev. 3/2017 Client#: 1487397 KPGPS ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/09/2021 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 endarsement(s). PRODUCER CONTACT NAME! Please See Below: USI Insurance Services NW PR JPHCNE 206 441-6300 FA62-8530 601 Union Street, Suite 1000 E-MAIL Seattle.PLCertte nest a usi.corxa Seattle,WA 98101 kADDltess— INSUR_ER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of America 25666 INSURED tt INSURER B:Berkley Insurance Company 32603 3131 Elliott KPG, P.S. Avenue,Su KPG, I Suite 400 INSURER C:Charter Oak Fire Insurance Company 25615 rr — — ------ Seattle,WA 98121-1006INSURER 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 7J1 SUBRi ..POLICYEFF rPOLICYEXP _.. �... _ I TR TYPE OF INSURANCE Iy P V`.�JD POLICY NUMBER _ h mi DfYYYY1,i:!x-vDDfYYYY LIMITS A _X I COMMERCIAL GENERAL LIABILITY X X 6809M6778552147 1/01/2021 01/01/2022 EACH OCCURRENCE 111„000,101 CLAIMS-MADE OCCUR DAP1 A�_ U t I�? E PRI i,E. Ci m.:r-i 31.000,000 I MEDENF.Any one p on i $r.1'•000 PERSONAL&ADV INJURY s1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I'$2,000,000 PRO- ` - —_ POLICY X ECT ILJ LOC PRODUCTS-COMP/OP AGG $2,000.000 OTHEF:. C AUTOMOBILE LIABILITY X X BA3R5763862147G 1/01/2021 01/01/2022 = $1,000,000T X1 ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS ONLY � SCHEDULED BODILY INJURY(Per accident) $ AUTOS X HIRED NON-OWNED PR',]PERT'Y CjAhtAGE AUTOS ONLY X AUTOS ONLY !rPrrr;,ctirdeni A X UMBRELLA LIAB OCCUR X X CUP9M6824352147 1/01/2021 01/01/2022 EACH OCCURRENCE I s5,000,000 EXCESS LIAB CLAIMS-MADE (Follow Form) AGGREGATE 155,000,000 DED ! Xi RETENTTON S10,O00 I i.$ WORKERS COMPENSATION PER OTH A otF PP _�i{iETOR EAR Uf}E +xECUTIVW NIA X (WA Stop Gap)147 1/01/2021 O1/01I2O2 E L.EACH ACCIDENT AND EMPLOYERS'LIABILITY SIATLl.EE s1,000,000 _ (Mandatary In NH) E L,DISEASE-EA EMPL 7 EF $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1.000,000 B Professional X AEC904155903 1/01/2021 01/01/2022 $3,000,000 per claim I Liability I $5,000,000 annl aggr. Incl. Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: KPG PIN 19123W17,Surveying Services SR 99 and S 373rd Project. The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Federal Way,The State of Washington, agents,employees, sub-consultants,subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable,in performance of the Work under this AGREEMENT,only when there (See Attached Descriptions) CE RT)FICA i E HOLDER _ CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Christine Tollefson ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/031 1 of 7 ThP Arf)Rn namo and Innn are raniefamd marls of Ar Aon DESCRIPTIONS (Continued from Page 1) is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured.The General Liability includes Additional Insured coverage for Ongoing and Completed Operations.The General Liability and Automobile Liability policies contains a special endorsement with Primary and Noncontributory wording,when required by written contract.The General Liability and Automobile Liability policies provides a Waiver of Subrogation when required by written contract.The General Liability,Automobile Liability and Professional Liability policies includes an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. Umbrella Liability follows form. SAGITTA 25.3(2016103) 2 of 2 12/1/21, 10:42 AM Corporations and Charities System BUSINESS INFORMATION Business Name: KPG, P.S. UBI Number: 601 248 468 Business Type: WA PROFESSIONAL SERVICE CORPORATION Business Status: ACTIVE Principal Office Street Address: 3131 ELLIOTT AVE, SUITE 400, SEATTLE, WA, 98121-1006, UNITED STATES Principal Office Mailing Address: 10512 NE 194TH ST, SUITE 400, SEATTLE,WA, 98121,UNITED STATES Expiration Date: 05/31/2022 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 05/10/1990 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: KPG,P.S. Street Address: 3131 ELLIOTT AVE STE 400, SEATTLE,WA, 98121-1006,UNITED STATES Mailing Address: 3131 ELLIOTT AVE STE 400, SEATTLE,WA, 98121-1006,UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL ELIZABETH GIBSON GOVERNOR INDIVIDUAL PAUL FUESEL GOVERNOR INDIVIDUAL TERRY WRIGHT GOVERNOR INDIVIDUAL OLIVIA PARASCHIV GOVERNOR INDIVIDUAL NANDEZ MILLER GOVERNOR INDIVIDUAL NELSON DAVIS https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/2 12/1/21, 10:42 AM Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DENNIS DEAN JR GOVERNOR INDIVIDUAL JAN CIGANIK GOVERNOR INDIVIDUAL NATHANIEL MOZER GOVERNOR INDIVIDUAL MICHAEL BOWEN GOVERNOR INDIVIDUAL JASON FRITZLER GOVERNOR INDIVIDUAL SUSAN ROWE GOVERNOR INDIVIDUAL SESSYLE ASATO hftps://cds.sos.wa.gov/#/BusinessSearch/Businessinformation 2/2 12/1/21, 10:44 AM Washington State Department of Revenue Washington State Department of < Business Lookup License In-formation: New search Back to results Entity name: KPG, P.S. Business KPG, P.S. name: Entity type: Professional Service Corporation UBI #: 601-248-468 Business ID: 001 Location ID: 0001 Location: Active Location address: 3131 ELLIOTT AVE STE 400 SEATTLE WA 98121-1006 Mailing address: 3131 ELLIOTT AVE STE 400 SEATTLE WA 98121-1006 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 1 of 3 Endorsements Filter ! iranca # Cnunt nPtnac Ctatuc Fxniratini Firct iccua hftps://secure.dor.wa.gov/gteunauth/—/#3 115 12/1/21, 10:44 AM Washington State Department of Revenue Endorsements hold a License# Count Details Status Expiratim First Issua Architect Firm View Architect Active May-31-2 Jun-20-2C Bonney Lake Active May-31-2 Apr-06-2( General Business - Non-Resident Bremerton General 34494 Active May-31-2 Jan-01-2C Business - Non- Resident Burien General 07412 Active May-31-2 Dec-16-21 Business - Non- Resident Carnation General Active May-31-2 Sep-30-21 Business - Non- Resident Castle Rock Active May-31-2 Sep-23-21 General Business - Non-Resident Clyde Hill General Active May-31-2 Apr-06-2( Business - Non- Resident Covington General Active Jul-31-20, Aug-23-2 Business - Non- Resident Duvall General Active May-31-2 Jan-03-2C Business - Non- Resident East Wenatchee Active May-31-2 Jan-23-2C General Business - Non-Resident hftps://secure.dor.wa.gov/gteunauth/—/#3 2/5 12/1/21, 10:44 AM Washington State Department of Revenue Endorsements held a License # Count Details Status Expiratioi First issua Eatonville General Active May-31-2 Jan-07-2C Business - Non- Resident Edmonds General NR-02672 Active May-31-2 Apr-22-2( Business - Non- Resident Federal Way 06-10104; Active May-31-2 Mar-06-2 General Business - Non-Resident Fife General Active May-31-2 Jan-16-2C Business - Non- Resident Fircrest General Active May-31-2 Apr-08-2( Business - Non- Resident Governing People May include governing people not registered with Secretary of State Filter Governing people Title ASATO, SESSYLE BOWEN, MICHAEL CIGANIK, JAN DAVIS, NELSON DEAN JR, DENNIS https://secure.dor.wa.gov/gteunauth/_/#3 3/5 12/1/21, 10:44 AM Washington State Department of Revenue Governing people FRITZLER, JASON FUESEL, PAUL GIBSON, ELIZABETH MILLER, NANDEZ MOZER, NATHANIEL PARASCHIV, OLIVIA ROWE, SUSAN WRIGHT, TERRY Registered Trade Names Registered trade name: Status KPG, P.S. Active Apr-09-2018 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 12/1/2021 10:43:21 AM https://secure.dor.wa.gov/gteunauth/_/#3 4/5 12/1/21, 10:44 AM Washington State Department of Revenue Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https:Hsecure.dor.wa.gov/gteunauth/_/#3 5/5 RETURN TO: PW ADMIN EXT: 2700 ID#: 3909 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBIIC.WORKS/Capital Projects 2. ORIGINATING STAFF PERSON:John Cole EXT: 271$ 3. DATE REQ.BY:4/30/21 3. TYPE OF DOCUMENT(CHECK ONE): -...............................�._ �......................... O CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ® PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): 19-182 ❑ INTERLOCAL ❑ OTHER 4. PROJECTNAiuiI On-Call Surveying Services 5. NAME OF Cf)NTRAI':"I'(1R: KPG: ADDRESS: 3131 Elliott Ave, Suite 400., S attlglmN 98121 'I''Ll.I�THONIE:20 -236-1640 E-MAIL: rni eb corn FAX:.__ SIGNATURE NAME: Mike EoU1d ;l. PILS _ TITLE:Survey Manager 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.1 31 UBI# ,EXP. 7. TERM: COMMENCEMENT DATE:8/16/19 COMPLETION DATE: 12/31/21 8. TOTAL COMPENSATION:$ $50,000+$50.000am#1+$50,000am#2=$150,000 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 301-3100-111-594-31-411 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED v iS PROJECT MANAGER JC 412221 ❑ DIVISION MANAGER SLH 412221 ❑ DEPUTY DIRECTOR DSW 422121 ❑ DIRECTOR EJW 4/23/2021 ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT MP 4/23/2021 10. OUNCIL APPROVAL IF APPLICABLE) SCHEDULED COMMITTEE DATE: m r __ COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING L v (2 J 1v 5 I� Z► ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) IN p I CAI DATE I:S KIN1 D ❑ FINANCE DEPARTMENT LAw,DEP'I' - SK3NA I'OKY('MAC OR DIRECTOR) � I"FY O CLERK . , e.� 6 ASSIGNED AG# AC; _ 19-eta... ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS &X&:('"II 6� I,S(EN, I�r C " I ,y�.c3 rz`":, i :.„„) M1 1 4 "3&_ . IN- �(1 1/2020 CITY OF OTY HALL AVA 33325 8th Avenue South FederM Way,WA 98003 Federal Way (253) 83 s-7000 www cityoffederahvay,coo AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SURVEYING SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"), and KPG,P.S., a Washington corporation("Contractor"). The City and Contractor(together "Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for On-Call Surveying Services("Agreement")dated effective September 4,2020,as amended by Amendment No. 1, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-1,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 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 33325 8th Avenue South lom44&L Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www o"ffederahvay_com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: clo�� , 00poe Jiz well,Mayor #-c Courtney, C ", City Clerk:. DATE: APPROVED AS TO FORM: g gyp. - J. Ryan Call, Cit 'Attorney KPG, P.S.: By ...a. Printed Name: �t ... .. Title: ? �. �, Date: 401+ Ilk . m� 1()81240 90 STATE OF WASHINGTON ) °°$� Q SS. S \vk' COUNTY OF..� I , pe rsonally appeared before me " „ �,, to me known to be the i t� '1 P rs �� o f "� _._. _............._._ - 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 m hand and official seal this �m-� �� dayoff`.- � ._._ 20 2. Notary's signature `` Notary's printed na4 Notary Public in and for the State of Washington. My commission expire AMENDMENT - 2 - 3/2017 CUTY OF CITY HAILL 33325 8ah Avenue eSouth Federal Way IFederaI Way,WA 8003-632 (233) 33 7000 cil,yoffede y.com EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation:In return for the Services,the City shall pay the Contractor an additional amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00). The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 2. Method of Compensation: Hourly ate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Classification Hourly Billing Rate Survey Manager $ 210.00 Project Surveyor $ 140.00 Survey Technician $ 117.00 Survey Crew I(one-person) $ 166.00 Survey Crew II (two-person) $ 216.00 Survey Assistant $ 77.00 Administrative $ 92.00 AMENDMENT - 3 - 3/2017 �,tlenis: Ivo»yi nrt.ara DATE(MM/DDfYYYY) ACORD. I' I M 1/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such end'orsement(s'). PRODUCER CONTNAMEA Tracy Miyake USI Insurance Services NW PR PHONE cNcf Efft,206 441-6300 A u Nr�i; 610-362-8530 601 Union Street, Suite 1000 E-MAIL CertRe uest@u .com Seattle,WA 98101 Seattle.PL -si_. IN URER(S$AFFORDIZ COVERAGE pIAIC rd INSURER A_Travelers Indemnify Co of America 125666 INSURED INSURER B:Berkley Insurance Company 32603 KPG,P.S.fka KPG,Inc. " INSURER C:Charter Oak Fire Insurance Company 25615 3131 Elliott Avenue, Suite 400 Seattle,WA 98121 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. BURR POLICY EPF POLICY EXP r TYPE OF INSURANCE AOOt .,. POLICY NUMBER ... ........ LI4Mh,gPr�?I;M'"A,AI; MMJDDIYYYXI LIMITS L E �......,�...... .............................._........ -„��._...._,._._...,., ... A COMMERCIAL GENERAL LIABILITY X X 6809M677855 1/01/2020 01/01/2021 EACH OCCURRENCE S1,000.000 U�rV'+r%!h�"V Ii�IRIIFIIVI i7 CLAIMS-MADE X OCCUR MED�F3CP fAnv one ersr npl $1,000.000 I L5 000 ..PERSONAL&ADV INJURY '51 000 0010 GENT_AGGREGATE LIMI F APPLIES PER: GENERAL AGGREGATE $2 0001,0'00 PRC- Ir'IGI°�i iw 01II Ir 2'«0 .�000 POLICYX JECT ;;i;E _.... I C AUTOMOBILE LIABILITY X X BA9M680558 1/01/2020'.01/01 l2021 COMBINED SINGLE LRAIT 1000,000 ANY AUTO III'6"'d(1 0T�vmi 5011nu .. OWNED SCHEDULED Bi;00 r II i.I MIRY tl em"X'I ld nl AUTOS ONLY '' AUTOS .... ....... HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY UMBRELLA LIAR OCCIIR EACH OCCURRENCE EXCESS LIAB CLAfMS-mhADE AGi RF(,ATE ...._... nFn n F TFvd, rY.!_ .........�' A w y V Ni X (809M67p785 f1/01/2020 01/01/2021 FnER ° "- AND EMPLOYERS COMPENSATION WA Stop Gap) E L EACH ACCIDENT S CI00 000 .. I(MandalarVifAE�`NHy LItF�9..„�n Cr'Lu SJ.IVE� NSAE.G.DISFASE EAEIVfP1_OYEE S1 '0a 0,0y„ W It yes,describe under I:8IESCRIPTION OF OPERATIONS_Rl my E IL DISEASE-POLICY LIMIT J1.,000 000 B Professional X AEC903396102 1/01/2020 01/01/2021 $1,000,000 per claim Liability $2,000,000 anni aggr. Incl:Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) RE: KPG PN 19123-On-Call Survey Services The General Liability policy includes 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 behalf of the named insured. CERTIFICATE HOLDER CANCELLATION' City Of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Sarah Hamel ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South Federal Way,WA 98003-6325 AUTHORIZED REPRESENTATIVE r ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S27631536/M27627094 PYBZP 4/22/2021 Corporations and Charities System i,-_ss f(:4 016nhs-and Charities Filing System , 0 BUSINESS INFORMATION Business Name: KPG,P.S. UBI Number: 601 248 468 Business Type: WA PROFESSIONAL SERVICE CORPORATION Business Status: ACTIVE Principal Office Street Address: 3131 ELLIOTT AVE,SUITE 400,SEATTLE,WA,98121-1006,UNITED STATES Principal Office Mailing Address: 3131 ELLIOTT AVE,SUITE 400,SEATTLE,WA,98121-1006,UNITED STATES Expiration Date: 05/31/2021 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 05/10/1990 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL,SCIENTIFIC&TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: KPG,P.S. Street Address: 3131 ELUO7r AVE STE 400,SEATTLE,WA,98121-1006,UNITED STATES Mailing Address: 3131 ELLIOTT AVE STE 400,SEATTLE,WA,98121-1006,UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL ELIZABETH GIBSON GOVERNOR INDIVIDUAL PAUL FUESEL GOVERNOR INDIVIDUAL TERRY WRIGHT GOVERNOR INDIVIDUAL OLIVIA PARASCHIV GOVERNOR INDIVIDUAL NANDEZ MILLER GOVERNOR INDIVIDUAL NELSON DAVIS https:Hccfs.sos.wa.gov/*/BusinessSearch/Businessinformation 1/2 4/22/2021 Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DENNIS DEAN JR GOVERNOR INDIVIDUAL JAN CIGANIK GOVERNOR INDIVIDUAL NATHANIEL MOZER GOVERNOR INDIVIDUAL MICHAEL BOWEN GOVERNOR INDIVIDUAL JASON FRITZLER GOVERNOR INDIVIDUAL SUSAN ROWE GOVERNOR INDIVIDUAL SESSYLE ASATO Back Filing History Name History Print Return to Business Search https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinfonnabon 2/2 4/22/2021 Washington State Department of Revenue Bushiness Laaolkasp License Information: kllew„earc n f aCjj u0 eSkft- Entity name: KPG,P.S. Business name: KPG,P.S. Entity type: P rofes.��'uouuA Seoviica w vupoiia:i.liir.,uun UBI#: 601-248-468 Business ID: 001 Location ID: 0001 Location: Active Location address: 3131 ELLIOTT AVE STE 400 SEATTLE WA 98121-1006 Mailing address: 3131 ELLIOTT AVE STE 400 SEATTLE WA 98121-1006 Excise tax and reseller permit status: Cfick hem Secretary of State status: Clli ck PAeu•e Paw 1 of L Endorsements Filter Endorsements held at this locatio License# Count Details Status Expiration date First issuance da Lara-Iilteci Ffini V"ei w+Arallroitects ArtNe May-31-2022 Jun-20-2014 111,oniraeq 11 ake,Ad',rynerA Illn.usliness Alive May-31-2022 Apr-06-2017 -Ilwuruu 114,esualru^u'wV, luun'P n°n t snua ir'all Liausuumass P'la:uas 07412 Active May-31-2022 Dec-16-2008 Resident Carnation tPenev°aP Ilwnu ihiesnu Active Sep-30-2021 Sep-30-2020 A usde I111oclu Gamuneu raP Iliflus�nes,µ'k Attie Sep-30-2021 Sep-23-2020 "isuiru-liesudeual. Clyde P H l.usumaau°aP Iliuu 4iess AAl:ii w May-31-2022 Apr-06-2017 Non..I11 se sadent IIAfl Alll ltene aO BC zuuness Non- Active May-31-2022 Jan-03-2013 ll,eM:P c um t E ast ti en ati V ee Ge nerA Artiive May-31-2022 Jan-23-2019 ;uusdo'°wss-Non llaaside nt https°,//secure.dor.wa.gov/gteunauth/—,/#5 1/3 4/22/2021 Washington State Department of Revenue Endorsements held at this locatio License# Count Details Status Expiration date First issuance da L i[o n„,,lllla„a W uueua 111 Bki,uuie ,s ye Viive May-31-2022 Jan-07-2013 ilfim-Resident dnurwud uraneiialllllmuu,uin,s,,� NR-026737 uuvv;,n. May-31-2022 Apr-22-2013 'Jon dia:„,uatleIM V pdaxn.umV"7,mauyr Ge nni A Vuuusiwoo-ss 06-101042-00-BL Lnr tiv, May-31-2022 Mar-06-2006 Manua l:kPsldei'ui 1:1 0e Genei all llro.ursV nv.„, 'Jon- An ilp,e May-31-2022 Jan-16-2014 6ya:usiuti,i,+n I n":Ies v.ipununu„u811Bui„lunw's ,y+.doae May-31-2022 Apr-08-2010 II'J u:„ow'u.-Fe:aii,r,::G,>u"ct U.„„uquiallli Gene u V V ui„uurv;:uc BUS03-00614 Ax live May-31-2022 Sep-09-2006 Iwehirou1-lover: ua v:110: 111ild'iu'nd a;enuw alll llsuu,oune s OBL-0000758 Acr ivp May-31-2022 May-23-2018 11e11a:,onn..Rv aiantieiM Governing People Mayindudego—nin,pwplenotneg&WdwirhSocnfaryo,Srate Filter Governing people 't"iiimallrtur ASATO,SESSYLE BOWEN,MICHAEL CIGANIK,JAN DAVIS,NELSON DEAN JR,DENNIS FRITZLER,JASON FUESEL,PAUL GIBSON,ELIZABETH MILLER,NANDEZ MOZER,NATHANIEL PARASCHIV,OLIVIA ROWE,SUSAN WRIGHT,TERRY Registered Trade Names Registered trade names Status First issued KPG,P.S. Active Apr-09-2018 View Aalle;Vl,va,un roll I maUiiaiw, hftps://secure.dor.wa.gov/gteunauth/_t#5 2/3 4/22/2021 Washington State Department of Revenue The Business Lookup information is updated nightly.Search date and time:4/22/2021 1:42:42 PM Con'tail'ft MAs I hlwnr am we I ,dri9j Nke r°ur!surveyR 17an t see e what q, i a,r,cpe ti d? Cl I:i1 rsrur hru':'umrrsew it;sw.uyyc'urt,i,::!dI uui'M';:L u hftps://secure.dor.wa.gov/gteunauth/—,/#5 3/3 RETURN TO: PW ADMIN EXT: 2700 ID#: 3770 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/Capltal Protects ORIGINATING STAFF PERSON: Sarah Hamel EXT: 3720 3. DATE REQ.Bv: 6/30/20 �. TYPE OF DOCUMENT(CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT O SMALL OR LIMITED PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICE AGREEMENT O MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) O ORDINANCE O RESOLUTION O CONTRACT AMENDMENT(AG#): 1 9-1 82 O INTERLOCAL ❑ OTHER G. PROJECT NAME: On-Call Surveying Services i. NAME OF CONTRACTOR: KPG ADDRESS: 3131 Elliott Ave, Ste 400, Seattle—WA98121 TELEI'I-IONF: 206-286-1640 E-NI\[L: mikeb(-)kpg.com FA\: SIGNATUREN,\mE-. Mike Bowen, PLS TITLE: Survey Manager �. EXHIBITS AND ATTACHMENTS:O SCOPE,WORK OR SERVICES ❑ COMPENSATION O INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHEF REFERENCED EXHIBITS O PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. `. TERM: COMMENCEMENT DATE: $/26/1 9 COMPLETION DATE: 12/31/21 i. TOTAL COMPENSATION:$ k00IC00) (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: O YES O NO IF YES,$ PAID BY: O CONTRACTOR O CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED in PURCHASING: PLEASE CHARGE TO: 301-3100-111-594-31-411 �. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER 8 DIVISION MANAGER SH 6/23/20 A DEPUTY DIRECTOR DSw 6/25/2020 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT ER 7/6/2020 O. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING -7 I U l� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ( DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT fd'LAW DEPT J0 SIGNATORY EO OR DIRECTOR) CITY CLERK NO :vml6w ❑ ASSIGNED AG# AG ❑ SIGNED COPY RETURNED DATE SENT: :OMMENTS: I"XECUTE" "ORIGINALS 1/2020 eirr OF CITY HALL A4! Federal Feder 8th Avenue South WayFederal Way,WA 98003-6325 (253)835-7000 wwwafy ofiederahi uy com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SURVEYING SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and KPG,P.S.,a"Washington corporation"("Contractor").The City and Contractor(together "Parties"),for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for On-Call Surveying Services ("Agreement") dated effective September 4, 2019, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-1,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 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 ,. South Federal Way Feder 8th Avenue SW3 Federal Way,WA 96Cf03-8325 (253) 83&7000 WWW-v1y01WeraM0y Com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: J kell, Mayor ph ie Courtney, CMC,q Clerk DATE: `� APPROVED AS TO FORM: J. Ryan Cali, City Attorney KPG, P.S.:, By: .,v Printed Name: A l Ke Title: 1�!/✓'✓ Date: 7�l 3 12 O Z O STATE OF WASHINGTON ) ) ss. COUNTY OF L On this day personally appeared before me O O L��e V1 to me known to be the _ vv e-e[ of 1-�?61t�<=, that executed the foregoing instrument,and ackno dew ged 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. GiVF official seal this day of , 20_M Q�1P ill - ,� '� Notary's signature rc �° y � Notary's printed name _ -w Z(z W1,0 465C, g" z _= Notary Public in and for the State of Washington. '�Q -2 OF�W AS�w.�'~ AMENDMENT - 2 - 3/2017 CITY OF CIN HALL Federal Way Feder l th Avenue South Federal Way,WA 88003-6325 (253)835-7000 www c;4vffederaRwvay com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation:In return for the Services,the City shall pay the Contractor an additional amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00). 2. Method of Compensation: Hourly Rate The hourly rate is unchanged. AMENDMENT - 3 - 3/2017 6/23/2020 Corporations and Charities System jr,r sSN'fP07A?&and Charities Filing System _ BUSINESS INFORMATION Business Name: KPG, P.S. UBI Number: 601 248 468 Business Type: WA PROFESSIONAL SERVICE CORPORATION Business Status: ACTIVE Principal Office Street Address: 3131 ELLIOTT AVE,SUITE 400,SEATTLE,WA,98121-1006, UNITED STATES Principal Office Mailing Address: 3131 ELLIOTT AVE,SUITE 400,SEATTLE,WA,98121-1006, UNITED STATES Expiration Date: 05/31/2021 Jurisdiction: UNITED STATES,WASHINGTON Formation/ Registration Date: 05/10/1990 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL,SCIENTIFIC&TECHNICAL SERVICES REGISTERED AGENT INFORMATION https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/3 6/23/2020 Corporations and Charities System Registered Agent Name: KPG, P.S. Street Address: 3131 ELLIOTT AVE STE 400, SEATTLE,WA, 98121-1006, UNITED STATES Mailing Address: 3131 ELLIOTT AVE STE 400, SEATTLE,WA, 98121-1006, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL ELIZABETH GIBSON GOVERNOR INDIVIDUAL PAUL FUESEL GOVERNOR INDIVIDUAL TERRY WRIGHT GOVERNOR INDIVIDUAL OLIVIA PARASCHIV GOVERNOR INDIVIDUAL NANDEZ MILLER GOVERNOR INDIVIDUAL NELSON DAVIS GOVERNOR INDIVIDUAL DENNIS DEAN JR GOVERNOR INDIVIDUAL JAN CIGANIK GOVERNOR INDIVIDUAL NATHANIEL MOZER GOVERNOR INDIVIDUAL MICHAEL BOWEN GOVERNOR INDIVIDUAL JASON FRITZLER GOVERNOR INDIVIDUAL SUSAN ROWE GOVERNOR INDIVIDUAL SESSYLE ASATO Back https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 2/3 Client#: 1487397 KPGPS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 CONTACT NAME, Tracy Miyake USI Insurance Services NW PR AHONNexr) 206 441-6300 1 AX A;c,No 610-362-8530 601 Union Street,Suite 1000 r-"'APPRte: Seattle.PLCertRequest@usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A•Travelers Indemnity Co of America 25666 INSURED _ INSURER B•Berkley Insurance Company 32603 KPG, P.S.fka KPG,Inc. INSURER C Charter Oak Fir.insurance Company 25615 : 3131 Elliott Avenue,Suite 400 INSURER D Seattle,WA 98121 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. )NSR I TYPE OF INSURANCE ADOL UBR POLICY NUMBER MM/DD/YYYY1 MM/DD/YYYY) LIMITS LTA A X COMMERCIAL GENERAL LIABILITY X X 6809M677855 1/01/2020 01/01/2021 EACH OCCURRENCE $1,000,000 � y� DAMAGE TO RENTED CLAIMS-MADE I ^I OCCUR PRF c / a �c nAnr 1 $1 000.000 MED EXP(Any one personl s5,000 PERSONAL&ADV INJURY $1,000.000--... GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO- POLICY Lx] PRODUCTS-COMP/OP AGG s 2 000.000 JECT u LOC OTHER $ C AUTOMOBILE LIABILITY X X BA9M68055801/01/2020 01/01/2021 COMBINED SINGLE LIMIT c1.000.000 X ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS HIRED NON-OWNED /PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY P UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DFD RETENTION A WORKERS COMPENSATION X 6809M677855 1/01/2020 01/01/2021 PER X O4H- AND EMPLOYERS'LIABILITY A�:r PROF-9:E-0R PART^. ' ER/EXECUTIVE�V/N/�� (WA Stop Gap) l E.L.EACH ACCIDENT $1,000.000 OF;:C:E::i P,'D%•C.iF Li t x,71_)iDED? LJ N/A '. (Mandatory in NHI E.1,.DISEASE EA EMPL.OYEF $1.000_,000 If yes,describe under DESCRIPTION OF OPERATIONS below P E L DISEASE-POLICY LIMIT $1.000.000 B 'Professional X AEC903396102 101/01/2020 01/01/2021 $1,000,000 per claim Liability $2,000,000 annl aggr. Incl: Pollution p DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: KPG PN 19123-On-Call Survey Services The General Liability policy includes 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 behalf of the named insured. CERTIFICATE HOLDER CANCELLATION Cit of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Sarah Hamel ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South Federal Way,WA 98003-6325 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S27631536/M27627094 PYBZP This page has been lett blank intentionally. Berkley Insurance Company Page 1 of 1 Notice of Cancellation to Certificate Holder(s) Endorsement In consideration of the premium paid for this Policy, it is understood and agreed that Section VII, Conditions, H. Notice of Cancellation, is amended by adding the following provision: In the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s)with mailing addresses on file with the agent of record. This provision does not apply if cancellation is due to nonpayment of premiums to us or to a finance company authorized to cancel this Policy. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, Item 2. Failure to provide such notice to the certificate holder(s)will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives. Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form.All other provisions of the Policy remain unchanged. Insured Policy Number KPG PS dba KPG. Inc. AEC-9033961-02 Effective Date of This Endorsement Authorized Representative 01/01/2020 3-BDP0713130(07-13) 26963-9033961-72104 Policy Form:BDP0417001 (04-17) This page has been left blank intentionally. Berkley Insurance Company Page 1 of 1 Amendatory Endorsement - Washington In consideration of the premium paid for this Policy, it is understood and agreed that Section VII. Conditions is amended as follows: 1. H. Notice of Cancellation and Nonrenewal is deleted and replaced with the following: H. Notice of Cancellation and Nonrenewal This Policy may be canceled by the Named Insured identified in the Declarations, by notifying us or our authorized representative in one of the following ways: 1. surrender of the Policy; 2. written notice by mail,fax or email; or 3. verbal notice. Upon receipt of such notice,we will cancel this Policy effective on the later of: 1. the date on which notice is received or the Policy is surrendered, or 2. the date of cancellation requested by the Insured. We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this insurance or in relation to any Claim, or changes in law affecting this Policy. If we cancel this Policy, we will mail or deliver written notice of cancellation to the first Named Insured, as well as any other Insured, person or entity endorsed onto the Policy as having an interest in any Claim or Circumstance. The notice will include the reason for cancellation. We will provide you at least ten (10)days-notice before the effective date of cancellation if we cancel for nonpayment of premium. If we cancel for any other reason, we will provide at least sixty(60) days- notice before the effective date of cancellation. If this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. We will give the first Named Insured and any other Insured endorsed onto the Policy written notice sixty(60) days prior to the expiration of this Policy if we do not intend to renew this insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will be sufficient proof of notice. 2. J. Subrogation is deleted and replaced with the following: J. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Claim is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you had, prior to a Claim or Circumstance, entered into a written agreement to waive such rights. Any recovery shall first be paid to you to the extent of any Damages or Claim Expenses paid by you and the balance shall be paid to us. We will be entitled to recovery only after you have been fully compensated for the loss sustained, including your deductible. Our right of subrogation will not exceed the amount of our payment for Damages or Claim Expenses. 3. K. First Named Insured as Sole Agent is deleted and replaced with the following: K. First Named Insured as Sole Agent The first Named Insured in Item 1 of the Declarations will be the sole agent and will act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, giving notice of cancellation to us or our authorized representative, the payment of any deductibles, and to exercise the rights provided in Section Q Extended Reporting Period Option. Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form.All other provisions of the Policy remain unchanged. Insured Policy Number KPG PS dba KPG, Inc. AEC-9033961-02 Effective Date of This Endorsement Authorized Representative 0110112020 4-BDP0713257(07-13) 27052-9033961-72104 Policy Form:BDP0417001 (04-17) This page has been lett blank intentionally. COMMERCIAL AUTO POLICY: BA9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WMVER OF SURROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.S., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or 'loss", provided that the CONDITIONS Section: "accident" or 'loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. This page has been lett blank intentionally. COMMERCIAL AUTO POLICY: BA9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDMONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 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. This page has been left blank intentionally. COMMERCIAL AUTO BA9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 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 This page has been left blank intentionally, COMMERCIAL AUTO POLICY ENDORSEMENT - CA T8 04 01 20 POLICY NUMBER BA-9M680558-20-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** NOTICE OF CANCELLATION IT IS AGREED THAT: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NONPAYMENT OF PREMIUM WE WILL MAIL NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR CANCELLATION IN THE SCHEDULE ABOVE BEFORE THE EFFECTIVE DATE OF CANCELLATION. B. IF WE DECIDE TO NOT RENEW THIS POLICY FOR ANY STATUTORILY PERMITTED REASON, AND A NUMBER OF DAYS IS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE, WE WILL MAIL NOTICE OF THE NONRENEWAL TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE BEFORE THE EXPIRATION DATE. EFFECTIVE DATE 01-01-20 EXPIRATION DATE 01-01-21 PAGE 0001 DATE OF ISSUE 12-31-19 This page has been left blank intentionally, COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 this 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 coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non-Owned Watercraft—75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured—Unnamed Subsidiaries Entities — Permits Or Authorizations Relating To Premises C. Who Is An Insured— Retired Partners, Members, Directors And Employees I. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To D. Who Is An Insured — Employees And Volunteer Operations Workers — Bodily Injury To Co-Employees, Co- Volunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments— Increased Limit E. Who Is An Insured — Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured — Controlling Interest M. Blanket Waiver Of Subrogation—When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability— Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II —WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if: 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising personal and advertising injurycaused by an out of providing or failing to provide first aid offense committed: or "Good Samaritan services" by any of your retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or "Good Samaritan services" during interest of more than 50% in such subsidiary. their work hours for you will be deemed to be acting within the scope of their employment For purposes of Paragraph 1. of Section II —Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as: a. A limited liability company; (2) "Personal injury": b. An organization other than a partnership, (a) To you, to your current or retired joint venture or limited liability company; or partners or members (if you are a partnership or joint venture), to your c. A trust; current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other govern its structure. current or retired directors or "employees" while in the course of his or C. WHO IS AN INSURED— RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, The following is added to Paragraph 2. of or to your other "volunteer workers" SECTION II—WHO IS AN INSURED: while performing duties related to the Any person who is your retired partner, member, conduct of your business; director or "employee"that is performing services (b) To the spouse, child, parent, brother or for you under your direct supervision, but only for sister of that current or retired partner, acts within the scope of their employment by you member, director, "employee" or or while performing duties related to the conduct "volunteer worker" as a consequence of of your business. However, no such retired Paragraph (2)(a) above; partner, member, director or "employee" is an insured for: (c) For which there is any obligation to share damages with or repay someone (1) "Bodily injury": else who must pay damages because of (a) To you, to your current partners or the injury described in Paragraph (2)(a) members (if you are a partnership or or(b) above; or joint venture), to your current members (d) Arising out of his or her providing or (if you are a limited liability company) or failing to provide professional health care to your current directors; services. (b) To the spouse, child, parent, brother or (3) "Property damage"to property: sister of that current partner, member or (a) Owned, occupied or used by; or director as a consequence of Paragraph (1)(a) above; (b) Rented to, in the care, custody or control (c) For which there is any obligation to of, or over which physical control is being exercised for any purpose by; share damages with or repay someone else who must pay damages because of you, any of your retired partners, members the injury described in Paragraph (1)(a) or directors, your current or retired or(b) above; or "employees" or "volunteer workers", any current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company) or current director. Page 2 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company; The following is added to Paragraph 2.a.(1) of or SECTION II —WHO IS AN INSURED: c. A trust; Paragraphs (1)(a), (b) and (c) above do not as indicated in its name or the documents apply to "bodily injury" to a current or retired co- that govern its structure. "employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II — workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial control of you is an insured with respect to E. WHO IS AN INSURED—NEWLY ACQUIRED liability for "bodily injury", "property damage" OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture, and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or organization. afforded only: 2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTIO N II—WHO IS AN INSURED: or form the organization or the end of This paragraph does not apply to any the policy period, whichever is premises owner, manager or lessor that has earlier, if you do not report such financial control of you. organization in writing to us within 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED — or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION 11 —WHO IS after you acquire or form such AN INSURED: organization, if you report such Any person or organization that is a mortgagee, organization in writing to us within assignee, successor or receiver and that you 180 days after you acquire or form it; have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this injury" or "property damage" that Coverage Part is an insured, but only with occurred before you acquired or formed respect to its liability as mortgagee, assignee, the organization; and successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" c. Coverage B does not apply to "personal that: and advertising injury" arising out of an offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is "personal and advertising injury" caused by an offense that is committed, For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED — use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II —WHO IS this Coverage Part. AN INSURED: The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED _ a DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental medical services", first aid or "Good The following is added to SECTION II —WHO IS Samaritan services" to a person, unless AN INSURED: you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II — WHO IS building code or written contract or agreement to include as an additional insured on this AN INSURED: Coverage Part is an insured, but only with Unless you are in the business or occupation respect to liability for "bodily injury", "property of providing professional health care damage" or "personal and advertising injury" services, Paragraphs (1)(a), (b), (c) and (d) arising out of the existence, ownership, use, above do not apply to "bodily injury" arising maintenance, repair, construction, erection or out of providing or failing to provide: removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: advertising signs, awnings, nurse assistant, emergency medical canopies, cellar entrances, coal holes, technician, paramedic, athletic trainer, driveways, manholes, marquees, hoist away audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your "employees" or "volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers" providing or failing to provide first aid or "Good Samaritan The following replaces Paragraph 7. of services" during their work hours for you SECTION III —LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph S. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph S. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services" to any one person will be deemed to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT S. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY—RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph C(1) of the definition of "insured contract' in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-9M677855-20-47 ISSUE DATE:12/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. `DOTAL AGGREGATE LWT OTHER THAN PROJECT'S AND DESMATED PROJECT AND L CA T AGGREGATE UMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE—LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE Total Aggregate Limit $ 8,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) General Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed by you before the "bodily injury" or "property damage" occurs. Designated Locations: All locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy. PROVISIONS 1. The General Aggregate Limit (Other Than 1. The Limits of Insurance shown in the Products-Completed Operations) shown in the Declarations or the Schedule — Limits Of Declarations is replaced by the Limits of Insurance And Designated Projects And Insurance shown in the Schedule — Limits Of Locations, whichever apply, and the rules Insurance And Designated Projects And below fix the most we will pay regardless of Locations. the number of: 2. The following replaces Paragraph 1. of SECTION a. Insureds; III—LIMITS OF INSURANCE: b. Claims made or"suits" brought; CG D4 69 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims under Coverage B. Instead, the or bringing "suits"; or General Aggregate Limit described in d. "Projects" or"locations". Paragraph 2.d. below applies to such 3. The following replaces Paragraph 2. of SECTION damages. III —LIMITS OF INSURANCE: (5) Any payments made for damages or 2. a. The Total Aggregate Limit shown in the medical expenses to which the Designated Project Aggregate Limit Schedule — Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of all applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit the General Aggregate Limit. This described in Paragraph 2.d. below, includes: the Designated Project Aggregate (1) Damages under Coverage A, except Limit for any other "project" or the damages because of"bodily injury" or Designated Location Aggregate Limit. "property damage" included in c. Subject to the Total Aggregate Limit the "products-completed operations described in Paragraph 2.a. above, the hazard"; Designated Location Aggregate Limit (2) Damages under Coverage B; and shown in the Schedule — Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And Locations applies and is further subject to b. The Designated Project Aggregate Limit all of the following provisions: shown in the Schedule — Limits Of Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of: (1) The Designated Project Aggregate (a) Damages under Coverage A Limit is the most we will pay for the because of "bodily injury" and sum of: "property damage" caused by "occurrences"; and (a) Damages under Coverage A because of "bodily injury" and (b) Medical expenses under "property damage" caused by Coverage C for "bodily injury" "occurrences"; and caused by accidents; (b) Medical expenses under that can be attributed only to Coverage C for "bodily injury" operations at a single "location". caused by accidents; (2) The Designated Location Aggregate that can be attributed only to Limit applies separately to each operations at a single "project". "location". (2) The Designated Project Aggregate (3) The Designated Location Aggregate Limit applies separately to each Limit does not apply to damages "project". because of"bodily injury" or "property (3) The Designated Project Aggregate damage" included in the "products- Limit does not apply to damages completed operations hazard". because of "bodily injury" or"property Instead, the Products-Completed damage" included in the "products- Operations Aggregate Limit completed operations hazard". described in Paragraph 3. below Instead, the Products-Completed applies to such damages. Operations Aggregate Limit (4) The Designated Location Aggregate described in Paragraph 3. below Limit does not apply to damages applies to such damages. under Coverage B. Instead, the (4) The Designated Project Aggregate General Aggregate Limit described in Limit does not apply to damages Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 69 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY Paragraph 2.d. below applies to such General Aggregate Limit applies will damages. reduce: (5) Any payments made for damages or (a) The Total Aggregate Limit; and medical expenses to which the Designated Location Aggregate Limit (b) The General Aggregate Limit. applies will reduce: Such payments will not reduce the (a) The Total Aggregate Limit; and Designated Project Aggregate Limit for any "project" or the Designated (b) The Designated Location Location Aggregate Limit for any Aggregate Limit for the applicable "location". "location". Such payments will not reduce the 4. The following replaces Paragraph 3. of SECTION General Aggregate Limit described in III —LIMITS OF INSURANCE: Paragraph 2.d. below, the 3. The Products-Completed Operations Aggre- Designated Project Aggregate Limit gate Limit shown in the Declarations is the or the Designated Location most we will pay under Coverage A for Aggregate Limit for any other damages because of "bodily injury" or "location". "property damage" included in the "products- completed operations hazard". Any payments d. Subject to the Total Aggregate Limit made for such damages will not reduce the described in Paragraph 2.a. above, the Total Aggregate Limit, the General Aggregate General Aggregate Limit shown in the Limit, the Designated Project Aggregate Limit Schedule — Limits Of Insurance And for any "project" or the Designated Location Designated Projects And Locations Aggregate Limit for any "location". applies and is further subject to all of the following provisions: S. The following is added to the DEFINITIONS Section: (1) The General Aggregate Limit is the most we will pay for the sum of: "Location" means any designated location shown in the Schedule — Limits Of Insurance And (a) Damages under Coverage A Designated Projects and Locations that is owned because of "bodily injury" and by or rented to you. For the purposes of "property damage" caused by determining the applicable aggregate limit of "occurrences", and medical insurance, each "location" that includes a expenses under Coverage C for premises involving the same or connecting lots, "bodily injury" caused by or premises whose connection is interrupted only accidents, that cannot be by a street, roadway or waterway, or by a right-of- attributed only to operations at a way of a railroad, will be considered a single single "project" or a single "location". "location"; and "Project" means any designated project shown in (b) Damages under Coverage B. the Schedule — Limits Of Insurance And (2) The General Aggregate Limit does Designated Projects And Locations that is away not apply to damages for "bodily from premises owned by or rented to you and at injury" or "property damage" included which you are performing operations pursuant to in the "products-completed oper- a contract or agreement. For the purposes of ations hazard". Instead, the determining the applicable aggregate limit of Products-Completed Operations insurance, each "project"that includes a premises Aggregate Limit described in involving the same or connecting lots, or Paragraph 3. below applies to such premises whose connection is interrupted only by damages. a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single (3) Any payments made for damages or "project". medical expenses to which the CG D4 69 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. This page has been lett blank intentionally. COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 COMMERCIAL GENERAL U U-11-Y COVERAGE FORM Various provisions in this policy restrict coverage. Read (1) The "bodily injury" or "property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence" that takes place what is and is not covered. in the "coverage territory"; Throughout this policy the words "you" and "your" refer (2) The "bodily injury" or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no insured listed "our" refer to the company providing this insurance. under Paragraph 1. of Section II — Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Section II — Who Is An by you to give or receive notice of an Insured. "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, Other words and phrases that appear in quotation in whole or in part. If such a listed insured marks have special meaning. Refer to Section V — or authorized "employee" knew, prior to the Definitions. policy period, that the "bodily injury" or "property damage" occurred, then any SECTION I —COVERAGES continuation, change or resumption of such COVERAGE A — BODILY INJURY AND PROPERTY "bodily injury" or "property damage" during DAMAGE LIABILITY or after the policy period will be deemed to have been known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" which a. We will pay those sums that the insured occurs during the policy period and was not, becomes legally obligated to pay as damages prior to the policy period, known to have because of"bodily injury" or "property damage" occurred by any insured listed under Paragraph to which this insurance applies. We will have 1. of Section II — Who Is An Insured or any the right and duty to defend the insured against "employee" authorized by you to give or receive any "suit" seeking those damages. However, notice of an "occurrence" or claim, includes any we will have no duty to defend the insured continuation, change or resumption of that against any "suit" seeking damages for "bodily "bodily injury" or "property damage" after the injury" or "property damage" to which this end of the policy period. insurance does not apply. We may, at our discretion, investigate any "occurrence" and d. "Bodily injury" or "property damage" will be settle any claim or"suit"that may result. But: deemed to have been known to have occurred at the earliest time when any insured listed (1) The amount we will pay for damages is under Paragraph 1. of Section II — Who Is An limited as described in Section III — Limits Insured or any "employee" authorized by you to Of Insurance; and give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of (1) Reports all, or any part, of the "bodily insurance in the payment of judgments or injury" or "property damage" to us or any settlements under Coverages A or B or other insurer; medical expenses under Coverage C. No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the bodily explicitly provided for under Supplementary injuryor property damage": or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury" or "property damage" has "property damage" only if: occurred or has begun to occur. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II —Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III —LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph S. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the Declarations, unless the policy period is extended after 2. The General Aggregate Limit is the most we will pay issuance for an additional period of less than 12 for the sum of: months. In that case, the additional period will be a. Medical expenses under Coverage C, deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury" or "property damage" SECTION IV — COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2. Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon 4. Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or S. Subject to Paragraph 2. or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or damage arising out of the "occurrence" or b. Medical expenses under Coverage C; offense. because of all "bodily injury" and "property damage" arising out of any one "occurrence". b. If a claim is made or "suit" is brought against For the purposes of determining the applicable any insured, you must: Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or"suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one "occurrence". You must see to it that we receive written notice of the claim or"suit" as soon as practicable. 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust; settlement of the claim or defense against the "suit"; and that is your partner, joint venture member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited person or organization which may be liable liability company, trust or other to the insured because of injury or damage organization to give notice of an to which this insurance may also apply. "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this (i) A partner or member of any Coverage Part or that are in excess of the partnership or joint venture; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (ii) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph S. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph S. of Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Section II — Who Is An Insured, except when Paragraph d. below Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; applies. (iii) Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any "suit" if any other insurer has a duty to defend the insurer means a provider of other insurance. As insured against that "suit". If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: Insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for"your work"; Part. CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete, by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or "property damage" for $• Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V—DEFINITIONS for audit and retrospective premiums is the date 1 "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first supporters. For the purposes of this definition: Named Insured. c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services P for the purposes of attracting customers or By accepting this policy, you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. This page has been left blank intentionally. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-20-47 OFFICE PAC ISSUE DATE: 12/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLYWITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE",PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED INCONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCEOR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISESHAS CG Ta 01 01 20 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-20-47 OFFICE PAC ISSUE DATE: 12/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 This endorsement modifies insurance provided under the following: BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THANANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 01 20 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 580-9M677855-20-47 OFFICE PAC ISSUE DATE: 12/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLYWITH RESPECT TO LIABILITY FOR "BODILY INJURY', "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY"YOUR WORK" AT THE LOCATION DESIGNATED ANDDESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THATADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 CG T8 02 01 20 Page 1 of 1 This page has been left blank intentionally. RETURN TO PW ADMIN EXT: 2700 ID# �3 x.11 O CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATINGDEPT/DIV: PUBLIC lj`(7F{ha Capital Projects ORIGINATING STAFF PERSON. Sarah Hamel EXT: 2720 3. DATE REQ. BY; 8/23/19 i. TYPE OF DOCUMENT(CHECK ONE : ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE C7 RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER g G. PROJECT NAME:—On-Call Surveying Services i. NAME OF CONTRACTOR: KPG: ADDRESS: 3131 Elliott Ave, Suite 400, Suttle, WA 98121 TELEPHONE:(206) 286-1640 E-MAIL: mikeb@kpg.com FAX: SIGNATURE NAME: Mike Bowen. PLS TITLE: Survey Manager i. 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# p BL,EXP. 12/31/ UBI# ,EXP.__,/ _/ '. TERM: COMMENCEMENT DATE: 0/26/19 COMPLETION DATE: 12/31/21 i. TOTAL COMPENSATION:$ 50,000.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE To: 301-3100-111-594-31-411 I. DOCUMENT/CONTRACT REVIEW INITIAL/DATI;R FV[F.WED INITIAL 1]DATE APPROVED ❑ PROJECT MANAGER IX DIVISION MANAGER IH 19 X DEPUTY DIRECTOR IX DIRECTOR 2 1 ❑ RISK MANAGEMENT (IF APPLICABLE) `� X LAW DEPT (Q OWE O. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING [,� f % 12-9 119 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: > DATE RECD: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATF,.S[GNED ❑ FINANCE DEPARTMENT r I LAW DEPT 1� SIGNATORY(MAYOR OR DIRECTOR) CITY CLERK ASS€GNED AG# AG 1 SIGNED COPY RETURNED DATE SENT: RETURN ORIGINAL :OMMENTS: ;XECUTE" "ORIG NALS innia CITY OF CITY HAL" Federal Feder 8th Avenue South � y Federal Way �P:rA 93003-E325 (253) 335-7000 ;v�,nv cityoffederahvav co a, PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SURVEYING SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and KPG, P.S., a "Washington corporation" ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: KPG,P.S.: CITY OF FEDERAL WAY: Mike Bowen,PLS Sarah Hamel,P.E. 3131 Elliott Ave, Suite 400 33325 8th Avenue South Seattle,WA 98121 Federal Way,WA 98003-6325 (206)286-1640 (telephone) (253) 835-2720 (telephone) mikeb@kpg.com (253) 835-27090 (facsimile) 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, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the. Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30.) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 3/2017 CITY of: CITY HALL 33325 8th Avenue South ~ Fed a ra 1 Way Federal ;'!ay '2`;1 4. 93003-6325 ., (253) 335-7000 ',bbYW Cf:ypf PC7Er�i��Y�3 y`LOrr; 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 lion-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from,resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - Rev.3/2017 CItY OF clrl HALL 33325 8th Avenue South 4 Federal Way Federal ;Vay '1'-/A 98003-6325 (1253� 535-7000 �y}yi.b,cltotfer,eranvav co,--,-, 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and$2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement,whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liabilit . Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured,Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 3/2017 ciry Or C-17Y HALL FL.1r.1 L r4i �A Feder 8th Ave^.ue South Federa ;`Ja A. 03003-5325 (253) 835-7000 wsv ;cff�c;erjiia ay co;7, 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if thi$Agreement is with an individual,the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNTI'Y EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 IriLerl)retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 3/2017 4SCITY OF CITY HALL 33325Fr Feder 3ih Avenue So�ith p+deral Way Fecferai v`Ja�;. ':r'�;:y 98003-6325 (253; 335-7000 s•i;wr_-,tyoi>`ecferaiw>>:oor„ 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 La�Ars. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev.3/2017 CITY of; Federal Way IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: ( )�',0 0 1,1-;- fA dq-� Ji rr , Mayor SVpfiJnle Courtney, CNTC Ci Clerk DATE: APPROVED AS TO FORM: -O/ J. Ryan Call, City Attorney KPG, P.S., Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF V-I N 6" ) On this day personally appeared before me b-V,>o _PAJ(S to me known to be the F Ry; oaj7F- of "&, P.� . _ 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 AvKST , 20_ft.. Notary's signature [7 GEORGEANNE S SMITH Notary's printed name stt Lat NOTARY PUBLIC#153128 Notary Public in and for the State of Washington. STATE OF WASHINGTON My commission expires�� COMMISSION EXPIRES �— — APRIL 19,2023 PROFESSIONAL SERVICES AGREEMENT - 6 - Rev.3/2017 CITY O]- CITY HALL 40% �i 33325 l y, VIAvenue South Fe�i"'.7� Federal Way, v'�1A 98003-6325 (253) 835-7000 im crtvoffecierahvav corn EXHIBIT A SERVICES 1. The Contractor shall provide on-call surveying services to the City of Federal Way on selected projects. 2. Scope of Services General services shall include,but not be limited to the following: • Provide boundary surveys, boundary line adjustments, and preparation of Record of Surveys in accordance with Washington State law. • Prepare and review legal description for property acquisition,right-of-way acquisition, and easements. • Provide construction survey services. ■ Provide right-of-way research and determination. • Horizontal control: Washington State Plane Coordinates (North Zone expressed in US Survey feet) NAD 83/11 ■ Vertical control: North American Vertical Datum of 1988 (NAVD-88) • Provide topographical mapping per the instructions and specifications of the City of Federal Way. Limits, Length/width: to be determined for project. Topographical mapping shall include: 1. Provide a complete base and topographic detail within the project limits. Minimum detail required within the limits of the topographic survey includes but is not limited to: • Centerline of all paved, gravel and dirt roads, delineated. ■ Edges of all pavements. ■ All driveways. ■ Curbing(top and bottom),and description of surfaces. Face of Curb at top and at flow line. • Sidewalks (each edge)ramps. + Ditch lines. + Corners and Faces of all buildings and structures(include height and material type). ■ Roof overhangs, awnings. • Walls, fences and railings. Ground profile at existing retaining wall footings • Utility poles, including pole numbers, and overhead wires (indicate if pole is lighted and underground utilities). • Utility manholes, storm and sanitary, including size and type(e.g. SMH or DMH). ■ Catch basins with rim, inverts, type and size. Perform observation and measure-downs of existing storm drain catch basins and manholes. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of storm drainage pipes will be documented. These observations will be made from the surface. • Stormwater treatment, detention facilities and storm drainage connections. • Luminaire poles. Signals,mast arms, loop detectors. + Hydrants,water valves,pipes (including size and material). • Locate ledge. + Abutting property owner,name, lot number, deed and page, and address. • Edges of water courses and wet areas. ■ Signs (including legend). ■ Property right of way bounds and sources. • Trees of significant circumference, brush lines, landscaped areas and single/grouped ornamental plantings. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 3/2017 CITY OF CITY HALL Federal Way Feder l ' Ayer,ue South rJil/ Federal 'r`Jay. VVA 93003-0325 (253) 835-7000 wim crryofte;'er Mvav com • Direction of river flow. • Utility mapping, including: o Coordinating with a locate company to paint all utility locations within the project corridor so that they can be surveyed in work element. o Request utility companies record drawings to incorporate into mapping. o Coordinating with the utility companies and identify locations for potholing based on the preferred design alternative. Incorporate potholing information into the mapping accordingly. • Any other significant fixed ground features. 2. Elevations shall be shown to be to the nearest .01 feet, except for non-paved ground, which shall be to the nearest 0.1 feet. 3. Provide minimum two (2)benchmarks and sufficient control points tied to City control, as practical. 4. Provide a document that lists information for each permanent existing control point used or new permanent control point set for the survey. Include horizontal coordinates (Northing & Easting), Vertical Elevation, Type(brass disk,nail, etc.), and a brief description of location. 5. Locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project.Monuments or corners to be located and field surveyed include the following: • Section Comers. • Side street monuments. • Other Monuments shown or found as indicated on survey records. 6. Determine(if possible) approximate existing right of way and plot on base plan with sources used. 7. Provide a copy of the field survey book pages used to generate all electronic files. 8. Provide the following AutoCAD deliverables in Imperial units: • A hardcopy of the survey drawing, signed and stamped by a land surveyor licensed in the State of Washington. • The .DWG file submitted shall be AutoCAD 2019 or earlier format, showing all existing detail within the proposed survey limits, appropriately labeled. Note: all items within the drawing must be identifiable by annotation or layer association. • The .DWG file submitted shall contain all the graphic items associated with generating the topography including the software-generated contours, 3D triangulation faces, fault/break lines and point blocks. The drawing file shall contain all three dimensional information and fault lines in order to ensure that the City of Federal Way can reproduce electronically the 3-D contours without additional effort. • Points File. Submit an ASCII file in the following format, or similar: "Point Number, Northing, Easting, Elevation, Description." The point number must be numeric; alpha characters are not accepted by our design software. • A list of survey description labels used in the point file data if applicable. • If the survey firm. uses AutoDesk Digital Terrain (DTM) software, the terrain model files used to create the contours shall be provided. These files have extensions of.TIN, .PNT, .DAT, .FLT and are found in the project SDSK directory. • Submit plan and above mentioned associated data files in an electronic format. 9. All layers,blocks,test styles,point styles, and line types shall meet APWA standards. 10. Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include surface features with in the mapping area as describe above. One-foot contours will be generated from the DTM. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 r-1 r yr OC CITY HALL 8th Avenue SouthFederai � a� Federal Jay. VVA 98003-6325 (253) 835-7000 vnvw ciyoffederaiway:com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Fifty Thousand and 00/100 Dollars($50,000.00). 2. Method of Compensation: Hourly rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Classification Hourly Billing Rate Survey Manager $ 210.00 Project Surveyor $ 140.00 Survey Technician $ 117.00 Survey Crew I(one-person) $ 166.00 Survey Crew II(two-person) $ 216.00 Survey Assistant $ 77.00 Administrative $ 92.00 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev.3/2017 Washington State Authorized Signatures � CAP of Transportation List the name and title of those individuals in your organization who are authorized to execute proposals, contracts,bonds and other documents and/or instruments on behalf of the organization. Specify if more than one signature is required. NOTE: • • • 'ar next to name Name(Typed) Signature Title P.Joseph Giacobazzt ,. �;' Principal Name(Typed) Signature Title Nelson Davis _ I Principal Name(Typed) i9 to I Title Paul R.Fuesel � Principal Name(Typed) Si ' re Title v_ Name(Typed) Signature Title Name(Typed) Signature Title Name(Typed) Signature TRIe Name(Typed) Signature Title Name(Typed) Signature Title Name(Typed) Signature Title Name(Typed) Signature Title The enders•fined.tein.c duly sworn,dep..ses and says that the foregoing is a true statement of facts ConCern ng(i,e irdrndual,corpration,ca-partnership or}mint venture herein named,as of the date indicated: Name of Finn-Be Exact Sworn to before me this_ day of .Z.� N ary Pubirc Authorized Signatures) =q6 fid Wt3ry Sea! Corporate Seal(s) DOT Form 420-007 EF Revised 10102 Glient#:1487397 KPGPS ACORD_ CERTIFICATE OF LIABILITY INSURANCE Dnr0onrrY) 8/22712712019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER5 NO RIGH IS 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. IMPORTANTIf the certificate holder is an ADDITIONAL INSURED the pakryfiDs)must hnur.ADDITIONAL INSURED pros.� ny or t,r_rndQm& If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this cortiflcato does not confer any rights to the certificate holder In lieu of such endorsementts) RooucER TrdcV Miyake _ 1Si Insurance Services NW PR PHONE 206 441 6300 N.I.r...I.. (n:1:N,: 610-3624530 101 Union Street,Suite 1000 i',.L AODP='; Seattle.PLCertRequest@usi.eam ieattle,WA 98101 INSURERISt AFFORDING COVERAGENAIC II Ir,'�u�ERa.T——1111l o,01".,,. _._.. .25666 45URE0 INSURER B:I'll lreurane—Pant 32603 NSURER C KPG,P.S.fka KPG,Inc. ch—r—Fire Ins—ca C—Piny 25615 I 3131 Elliott Avenue,Suite 400 INSURER D Seattle,WA 98121 I�rR C :OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF 1NSURA7,CE LLS"TEDD BE' tl Vic; rI.•.:'r HI'•p,I.—.:.-: "T:?IIF v:i'.'.++F❑NAMEDABOVE FOR.HE 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 pROELDDUCpEEDD BY PAIDCLAIMS TYPE OF INSURANCE POLICY NUMBER I.VAf811!fYYI'�;fMRIDA'YYY]" LIMRS X1 COMMERCIAL GENERAL LIABILITY X X 6809M677855 01101/2019101101/2020 EACH OCCURRENCE S1.000,000 CLAIMS-MADE Al OCCUR RENTED— — 6�21W�F?41 �. ., S1,000.000 MED EXP fAnv one c—on) 510.000 ITER.=.cNALanr,:INA'rV1 $1,000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 f I XPR.- J LOC PRODUCTS-COMPIOP AGG S2,000 OOO o r Esc $ JECT AUTOMOBILE LL{BUJTV X X BA9M680558 1/0112019 01101/2020 FOMB�INEEDtSINGLE LIMrr 51.000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AIREDUTOS ONLY X NON-0W IED er acnOenl�AM ,,,. $ AUTOS ONLY —.. UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-WOE AGGREGATE S REO I I%-wmoN S $ AWORKERS ND EMPLO ERSELI BIILIITY X 6809M677855 '01/01/2019 01/01/2020 X /PER IOTH- STATIJTF p/WyYPRCWppIETOR.PARTHE1+.g]rEQUTPe'E r�NI (WA Stop Gap) EL EACH ACCIDENT S1000000 (Mandatory y In N;R EXCLlIOEOT N N/A (Mantlstory In NH) E L.DISEASE-EA EMPLOYEE S1,000,000 If yes describe under OFCf_RIPTION OF OPERAT1DNShdJ r-I r: s..r -.,-: II"r $11 000A_0 3 Professional AEC902579401 X01101/2019 01/01/2020 $1,000,000 per claim Liability $2,000,000 annl aggr. ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mono spars Is required) CPG PN 19123-On-Call Survey Services 'he General Liability policy includes an automatic Additional Insured endorsement that provides Additional nsured status to the Certificate Holder,City of Federal Way,only when there is a written contract that equires such status,and only with regard to work performed on behalf of the named insured. :ERTIFI('.ATF 1104 F)FR CANCELLATION SHOULD TIH ABOVE City of Federal Way THEEXPIRATIONDATE THEREOF,DESCRIBED IECANCELLED NOTICEWILL BE BEFORE DELIVEREDIN ATTN:Sarah Hamel,P.E. ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South Federal Way,WA 98003-6325 AUTHORIZED REPRESENTATIVE ©1986-2015 ACORD CORPORATION.All rights reserved. 1CORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S264418371M25146793 SRSJV