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AG 19-208 - KPG RETURN TO: PW ADMIN EXT: 2700 ID#: �l 2,5 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS ORIGINATING STAFF PERSON:JOHN MULKEY EXT:2722 3. DATE REQ.BY:ASAP TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT Cl MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#):_ ❑ INTERLOCAL ❑ OTHER I. PROJECT NAME:COMPLETE STREETS SURVEY SERVICES i, NAME OF CONTRACTOR:KPG PS. ADDRESS:3131 ELLIOT AVENUE NORTH,SUITE 400,SEATTLE,WA 98121 TELEPHONE(206)267-1052 E-MAIL: MIKEBAKPG.COM FAX: SIGNATURE NAME:MIKE BOWEN TITLE: �. 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#06101042 BL,EXP. 12/31/19 UBI# 601248468 ,EXP.05/31/19` r� Q TERM: COMMENCEMENT DATE:UPON EXECUTION COMPLETION DATE: III '1a� I 1 TOTAL COMPENSATION:$ 8,832.00 (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: $790.00 IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: N/A ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO:D36222-24100 �. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWE INITIAL/DATE APPROVED PROJECT MANAGER P—G 9 L e! n LT DIVISION MANAGER 1?�DEPUTY DIRECTOR DIRECTOR ZL ❑ RISK MANAGEMENT (IF APPLICABLE) -7f LAW DEPT u 0. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: _ COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING clr ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �2,1 /I q M a�,k DATE REC'D: /5o of ❑ 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 INADVANCE IF COUNCIL APPROVAL IS NEEDED. INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT YQLAw DEPT 01 IGNATORY�AYOOR DIRECTOR) CITY CLE ASSIGNED AG# A ❑ SIGNED COPY RETURNED DATE SENT: CJ I `(RETURN ONE ORIGINAL ;OMMENTS: 'XECUTE"2"ORIGINALS. _ miiiu\\ f . kb\kkkk (AV 4/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue S Federal Way,WA 98003003 -6325 (253) 835-7000 www crtWffederalway com PROFESSIONAL SERVICES AGREEMENT FOR COMPLETE STREETS PROJECT SURVEY 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 John Mulkey, P.E. 3131 Elliot Avenue N, Suite 400 33325 8th Avenue South Seattle,WA 98121 Federal Way, WA 98003-6325 (206)286-1640 (telephone) (253) 835-2722 (telephone) mikeb@kpg.com (253) 835-2709 (facsimile) j ohn.mulkeyAcityoffederalway.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 November 30, 2019 ("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 Fe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederahvay corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 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 PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 3/2017 ` CITY of CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com follows: 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 limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 3/2017 CITY OF CITY HALL ` Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual,the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assiatiment 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 PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 3/2017 4S Federal OF CITY HALL 33325 8th Avenue South Federal Way,WA 98003-6325 Fe d e ra I Way (253) 835-7000 www cityoffederalway com effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County,Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 3/2017 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY EDERAL WAY: ATTEST: Ji erre , Mayor S ha ie Courtney, CMd Aity Clerk DATE: o APPROVED AS TO FORM: 7- -�7t J. Ryan Call, City Attorney KPG, P.S.: By: Printed Name: K,e oe� Title: V' DATE: Z77 Zv 1 STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeare before me j?{ f4.9('��, to me known to be the 0111A 1146fP of �fg , �. S • that executed the foregoing instru r�ient, and a knowledged 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. GIVE�Ii;`t 1p�n official seal this 2iay o , 20�I o��sSION 14 oTA,Q+q'�,,` i Notary's signa re �� y= Notary's printed I u L OA 01� nA� s s Notary Public in and for the Statesi of Washington. 9 L\ 2 1 / '7A s. ,--,gyp ; My commission expires (r, 2-6L0 i//,/top WASN\'k-� PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 3/2017 ` c17v of CITY HALL ,. 8th Avenue South Federal Way,WA 98003-6325 Fe d e ra I Way (253) 835-7000 www cityoflederahvay com EXHIBIT A SERVICES KPG, P.S. Complete Streets Project Survey Services Scope of Services General services shall include,but not be limited to,the following: • Horizontal control: Washington State Plane Coordinates (North Zone expressed in US Survey feet)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, as per the attached Survey Location Plan. Topographical mapping shall include: 1. Provide a complete base and topographic detail within the project limits. Minimum detail required within the limits of the topographic survey includes, but is not limited to: • Centerline of all paved,gravel, and dirt roads, delineated. • Edges of all pavements. • All driveways. • Curbing (top and bottom), and description of surfaces. Face of Curb at top and at flow line every five-feet within the return area at intersection corners. • Sidewalks (each edge)ramps. • Ditch lines. • Corners and faces of all buildings and structures (include height and material type). • Roof overhangs, awnings. • Walls, fences, and railings. Ground profile at existing retaining wall footings. • Utility poles, including pole numbers, and overhead wires (indicate if pole is lighted and underground utilities). • Utility manholes,storm,and sanitary, including size and type(e.g., SMH or DMH). • Catch basins. • Stormwater treatment,detention facilities, and storm drainage connections. • Luminaire poles. • Signals,mast arms, and loop detectors. • Hydrants,water valves, and pipes (including size and material). • Signs (including legend). • Trees of significant circumference, brush lines, landscaped areas, and single/grouped ornamental plantings. • 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. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 3/2017 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com 5. Locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Other Monuments shown or found as indicated on survey records. 6. Provide a copy of the field survey book pages used to generate all electronic files. 7. Provide the following AutoCAD deliverables in Imperial units: • 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. 8. All layers,blocks,test styles,point styles,and line types shall meet APWA standards. 9. Mapping work to prepare 1" = 20' topographic base map and DTM in AutoCAD format of the project within the limits described above. The base map will include surface features with in the mapping area as describe above. One-foot contours will be generated from the DTM. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 A CITY OF CITY HALL 33325 8th Avenue South Federal Way,WA 98003-6325 Fe d e ra I Way (253) 835-7000 www cityoffederalway com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eight Thousand Eight Hundred Thirty-Two and No/100 Dollars ($8,832.00). ON-CALL SURVEYING SERVICES Client:City of Federal Way Project:SOUTH 320th STREET AND PACIFIC HIGHWAY SOUTH KPG PROJECT NUMBER:19123W05 DATE: September,2019 Hours arid Libor Fee Labor Hour Estimate Estimate by Task Tm Task Ow"wbon &-ev Mg r T= Suniey Crew I Survey Crew 11 210 140 117 166 216 Hours Fee Task 1-Survey,Mapping,and Existing Right of Way 1.1 Establish Horimntal and Vertical Cantrd 1 4 5 1004.00 12 lReid Survey and nate reducbm 12W 0.?. 12.5 S 2007.00 1.3 Prepare Topo and DTM 24 24 5 2808.00 1.4 ILacale Utley Pat marks 4 4 1.5 CB,and MH measure darns 4 4 884.00 1.8 Coordmtetleld locates 1 1 140A0 1.7 CataJate d of way 0.5 4 4.5 $ 085.00 Task Lo4 1 6 24 20 4 55 1S 8,042AO Total Labor Hours and Feel 1 1 7­1 24 20 4 55 1 S 6,04200 Subconsulfants Utility Locate $ 740.00 Total Subcmwltant Expensel S 740.00 Reimbursable Direct Non-Salary Costs Mleage at cunerd Total Reinbusade $ 50.00 Total Estimated Budget S 8,832.00 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 3/2017 ` CITY OF CITY HALL ..* ;�. Fe d e ra I Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederahvay com APPENDIX A SURVEY LOCATION PLANS PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 3/2017 0 -q a Q R .S' S� m o 3 N o �m od yNoT.�. o c a m.n n c0 � N�. 94,>, _ y N amJ o> > 3 o m —3 c ; C d m J D c 8 J d mtq d�3 o � m O C 0) N _ O n n O G c3 Q �_ < O O n � C ET CD J N N �N N O p Q O �Z F 3 O C co DATE(MM/DDNYYY) A�a CERTIFICATE OF LIABILITY INSURANCE 7/25/2019 THIS CERTIFICATE IS ISSUED ASA 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTAGI NAME: Robin Strauss RSC Insurance Brokerage, Inc. A/c No Ext: (212)669-5400 FAX NO: (212)669-5417 420 Lexington Avenue ADMDRIESS: rstrauss@risk-strategies.com INSURERS AFFORDING COVERAGE NAIC# New York NY 10170 INSURER A:Hanover Insurance Group 22292 INSURED INSURER B:Allmerica Financial Benefit Ins Contract Land Staff, LLC INSURERC:Chubb Group of Insurance Companies 2245 Texas Drive INSURER D: Suite 200 INSURER E: Sugar Land TX 77479 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1972524595 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 ADDLSUBITYPE OF INSURANCE INSp WVp POLICY NUMBER POLICY EFF POLICY EXP LTR MM OD/YYYY MM DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1:11OCCLII DP"SAGES (RENTED A CLAIMS-MADE PF MfSEEa occurrence $ 1,000,000 X ZHN921985009 7/25/2019 7/25/2020 2.11 EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY F-] PRO OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS X AHND94379500 6/14/2019 6/14/2020 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident L $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED I RETENTION$ UHN912179809 7/25/2019 7/25/2020 $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY `,/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA B (Mandatory in NH) WMND17358503 7/25/2019 7/25/2020 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe unaer DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability G28332166001 7/25/2019 7/25/2020 Each Wrongful Act 1,000,000 Claims Made-Retro 2/22/01 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Federal Way, 33325 8th. Ave. Sough, Federal Way, WA 98003-6325 and KPG, Inc. are included as additional insureds under the General Liability and Automobile Liability as specifically required by written contract, per policy terms, conditions and exclusions for the work of the insured as a Right of Way Consultant. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 33325 8th. Ave. South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003-6325 AUTHORIZED REPRESENTATIVE Michael Christian/LZE' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)