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AG 21-172 - KPG, PSRETURN TO: PW ADMIN EXT: 2700 ID #: 4094 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/Div: PUBLIC WORKS/CAPITAL ENGINEERING 2. ORIGINATING STAFF PERSON: John Cole EXT: 2718 3. DATE REQ. BY: 20-May-2022 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 m CONTRACT AMENDMENT (AG#): 21-172 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME,: Surveying Services for SR 99 and S 373rd Project 5. NAMEOFCONTRACTOR: KPG, P.S. aka KPG, Inc. ADDRESS: 3131 Elliott Ave. Suite 400, Seattle, WA 9.8.121 TELEPHONE: 206-286-1640 E-MAIL: mikeb k .Com FAX: SIGNATURENAME: Mike Bowen, PLS 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. 12/31/ UBI # , EXP. 7. TERM: COMMENCEMENT DATE: upon execution n?.` COMPLETION DATE: 3/31 /23 8. TOTAL COMPENSATION: $ $42,376.00+$10,000=$52,376.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: d YES O NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 13 YES ❑ NO IF YES, PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 3064400-224-595-30410 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 8 PROJECT MANAGER JC 4119/22 8 DIVISION MANAGER �f.1x Ci6 Rm-2022 d DEPUTY DIRECTOR 0fkV 516122 8 DIRECTOR r Y" - ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT 5/9 TP & KV 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: 5/9/22 DATE REC' D: 5/20/22 ❑ 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 6 LAW DEPT 8 SIGNATORY (MAYOR OR DIRECTOR) S 8 CITY CLERK < ASSIGNID AG # )ir 1Mw LkE rF SENT: COMMENTS: EXECUTE' I " ORIGINALS Amendment 2 to include traffic control services I/2020 CITY OF CITY HALL 4 33325 8th Avenue South Federal Way, WA 98003-6325 F� d e ra i Way (253) 835-7000 www.cityotiederahvay com AMENDMENT NO.2 TO PROFESSIONAL SERVICE AGREEMENT FOR SURVEYING SERVICES FOR SR 99 AND S 373rd PROJECT This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Psomas dba KPG Psomas, Inc. fka KPG, Inc., 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 Surveying Services for SR 99 and S 373rd Project ("Agreement") dated effective November 16, 2021, and as amended by Amendment No. 1, as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either 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 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cdWffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: J' , Mayor DATE: PSOMAS: By: KW 01 &��- Printed Name: Mike Bowen Title: Survey Manager Date: 5/15/2022 STATE OF ) ) ss. COUNTY OF t ATTEST: km(/ k.4A , Ste hn'eourWey, C, City Clerk APPROVED AS T FORM: YRyan Call, City Atty On this day personally appeared before me HKf 6 W ,lid, to me known to be the of Psomas that executed the foregoing instrument, and acknowledged the said instrument to be thetree 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 h d official seal this J " day y� Zll[1[1{It !-N� qR10 L S. a►,,i` g� Notary's signa re _ �, +P Notary's printednq '. cA f 104awp S i y �at_►ti _= ��►� F WASH�N .�' My commission expires AMENDMENT - 2 - 3/2017 CITY OF .�. Federal Way EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cdWffederahvay.com The Contractor shall do or provide the following in addition to Services in previous Exhibits: Provide traffic control services for a single lane closure on Pacific Highway S near S 373rd St. in order to conduct associated surveying services. Traffic control services shall include, but are not limited to: labor, equipment, signage, certified flaggers, and Traffic Control Supervisors for road and highway work zones. AMENDMENT - 3 - 3/2017 CITY of Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahmy com 1. Total Compensation: In return for the Traffic Control Services, the City shall pay the Contractor an additional amount not to exceed Nine Thousand Seven Hundred Twenty -Eight and 00/100 Dollars ($9,728.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fifty -Two Thousand One Hundred Four and 00/100 Dollars ($52,104.00). 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 the Contractor's personnel as shown below: Description Qty Cost Total TRAFFIC CONTROL SUPERVISOR SERVICES; STANDARD 8 75.00 600.00 RATE CONSTRUCTION FLAGGING SETUP SERVICES; STANDARD 161 44.00 704.00 RATE I MOBILIZATION CHARGE 31 50.00 150.00 EQUIPMENT TRUCK 3 150.00 450.00 SIGN W/STAND 6 10.00 60.00 BARREL W/LIGHT 100 20.00 2,000.00 SEQUENTIAL ARROW BOARD l 250.00 250.00 VARIABLE MESSAGE BOARD 1 500.00 500.00 TRAILER 1 150.00 150.00 AN ESTIMATE, NOT A QUOTE OR A NTRACT. IT IS BASED ON THE INFIOIS RMATIONPROVIDED & MAY BE INACCURATE IF ADDITIONAL Total $4.864.00 INFORMATION IS PRESENTED, OR SPECIFICATIONS CHANGE. THIS ESTIMATE r day) Estimated 2 days required $9,728.00 IS VALID FOR 90 DAYS. * All Credit Card Payments will be billed a 6% fee. AMENDMENT - 4 - 3/2017 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF PSOMAS, a California corporation. December 31, 2021 THE UNDERSIGNED, being all of the members of the Board of Directors of Psomas, a California corporation (the "Corporation"), hereby adopt the following resolutions without a meeting as of the date set forth above, pursuant to Section 307(b) of the General Corporation Law of California: RESOLVED that the following, being the Officers of the Corporation, be and hereby are authorized to execute any and all documents required to conduct the business of the Corporation, including, but not limited to contracts, leases and certifications; IT IS FURTHER RESOLVED that any one signature of the Officers listed herein shall be sufficient to bind the Corporation; STEVE MARGARONI President and Chief Executive Officer NICK TARDITTI Chief Financial Officer, Treasurer, Assistant Secretary CHAD WILSON Vice President, Secretaryy CRAIG AHRENS Vice President ALEJANDRO ANGEL Vice President SESSYLE ASATO Vice President BRETT BARNETT Vice President JOSEPH BARTORELLI Vice President REGINA BEEM Vice President STEVEN BEIN Vice President MARC BLAIN Vice President MONIKA BOWDEN Vice President MICHAEL BOWEN Vice President JOSEPH L. BOYLE Vice President SCOTT BRYANT Vice President BRIAN E. BULLOCK Vice President JEFFREY CHESS Vice President MARCIA CARRILLO Vice President MATTHEW D. CLARK Vice President MICHAEL J. CREHAN Vice President SARAH CURRAN Vice President CHRIS DAVENPORT Vice President NELSON DAVIS Vice President AMY DAY Vice President WILLIAM ESTEPA Vice President MARY FIORE Vice President ROSE FISTROVIC Vice President PETER FITZPATRICK Vice President DAN FORGEY Vice President BRIAN FRAGIAO Vice President JASON FRITZLER Vice President PAUL GERVACIO Vice President JEFF GILLIS Vice President ERNEST GOMEZ Vice President DANNIE B. GREEN Vice President TIMOTHY G. HAYES Vice President GREGORY A. HELMER Vice President Unanimous Written Consent of the Board of Directors of Psomas December 31, 2021 Page 2 ALIA HOKUKI Vice President JIM HUNTER Vice President ROBERT J. IANNARINO Vice President RICHARD IMAN Vice President JEREMY JOHNSON Vice President ANN JOHNSTON Vice President VINCENT LUNGARI Vice President JENNIFER MARKS Vice President FRANK MARTIN Vice President NANDEZ MILLER Vice President DAVID A. MORITZ Vice President NATHANIEL MOZER Vice President ARIEF NAFTALI Vice President ANDREW NICKERSON Vice President ED O'BRIEN Vice President TRAVIS PERRY Vice President TOM PILARSKI Vice President MICHAEL R. REDIG Vice President TERESITA REUTTER Vice President SCOTT ROCKE Vice President SEAN SAMSEL Vice President GARY SKREL Vice President SEAN SMITH Vice President THEO SMITH Vice President RICHARD M. SULLIVAN Vice President MICHAEL D. SWAN Vice President ROBERT J. TALAFUS Vice President KEVIN T. THORNTON Vice President BYRON G. TOBEY, JR. Vice President KIMBERLY (RAETZ) WENDER Vice President REUBEN TOLENTINO Vice President ALYSEN WEILAND Vice President DONALD LEE WHITELEY Vice President TERRENCE WRIGHT, JR. Vice President CAROLINE YONTEZ Vice President This Unanimous Written Consent shall be filed with the Minutes of the proceedings of the Board of Directors, and the actions taken hereby shall have the same force and effect as if taken at a meeting duly called and held. Ryan E. CMcLean v� Matthew D. Clark David A. Moritz Mike Lucki iti1:�G�:9 J, Unanimous Written Consent of the Board- of Directors of Psomas December 31, 2021 Page 3 Ann Johnston l 71 Alejandro Angel Donald Lee Whiteley :) 'f Steve Margaroni Byron Tobey 4119/22, 12:10 PM Corporations and Charities System BUSINESS INFORMATION Business Name: KPG, INC. UBI Number: 601248 468 Business Type: WA PROFIT CORPORATION Business Status: MERGED Principal Office Street Address: 3131 ELLIOTT AVE STE 400, SEATTLE, WA, 98121-1006, UNITED STATES Principal Office Mailing Address: 555 S FLOWER ST STE 4300, LOS ANGELES, CA, 90071-2405, UNITED STATES Expiration Date: 05/31/2022 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 05/10/1990 Period of Duration: PERPETUAL Inactive Date: 04/12/2022 Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: KPG, INC. 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 ENTITY PSOMAS, A CALIFORNIA CORPORATION https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1 /1 4/19/22, 12:12 PM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: KPG, INC. Business KPG' PSOMAS name: Entity type: Profit 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: 555 S FLOWER ST STE 4300 LOS ANGELES CA 90071-2405 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 1 of 3 Endorsements Filter v Endorsements held a License # Count Details Status hftps:Hsecure.dor.wa.gov/gteunauth/—/#3 New search Back to results Expiratioi First issua 1/4 4/19/22, 12:12 PM Washington State Department of Revenue Endorsements held a Lla:,ns, # Count MMails Status Expiratioi First Issue Architect Firm View Architect Active May-31-2 Jun-20-2( Bonney Lake Active May-31-2 Apr-06-2( General Business - Non -Resident Bothell General 13278 Active Jun-30-2( Jul-15-20, Business - Non - Resident Bremerton General 34494 Active May-31-2 Jan-01-2C Business - Non - Resident Burien General 07412 Active May-31-2 Dec-16-2i 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 hftps://secure.dor.wa.gov/gteunauth/—,/#3 2/4 4/19/22, 12:12 PM Washington State Department of Revenue Endorsements held a License # Count Details Status East Wenatchee Active General Business - Non -Resident Eatonville General Active Business - Non - Resident Edmonds General NR-02672 Active Business - Non - Resident Federal Way 06-10104, Active General Business - Non -Resident Fife General Active Business - Non - Resident Expiratioi First issua May-31-2 Jan-23-2C May-31-2 Jan-07-2C May-31-2 Apr-22-2( May-31-2 Mar-06-2 May-31-2 Jan-16-2C Governing People May include governing people not registered with Secretary of State Governing people Title PSOMAS, A CALIFORNIA CORPORATION Registered Trade Names Registered trade names Status KPG PSOMAS Active KPG, P.S. Active PSOMAS DBA KPG Active PSOMAS https://secure.dor.wa.gov/gteunauth//#3 First issued Jan-26-2022 Apr-09-2018 Jan-13-2022 3/4 4119/22, 12:12 PM Washington State Department of Revenue View Additional Locations The Business Lookup information is updated nightly. Search date and time: 4/19/2022 12:12:44 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/—/#3 4/4 ll 414 ; 9TIC-1 Letter of Transmittal Date: 5/15/22 To: City of Federal Way Attention: Christine Tollefson Subject: Amendment No. 2 to Professional Service Agreement Project: SR99 and S 373rd Project The Following: ❑ Construction Drawings ❑ Specifications ❑ Shop Drawings ❑ Change Order ® See Below For: ❑ Review and Comment ❑ Approval ® As Requested ❑_ use and Files Action Noted Below Date: No of Description: Project # 5/15/22 1 Amendment No.2 KPG #19123W17 Comments: If you have any questions or need anything further, please contact Mike Bowen at (253) 627-0720. Thank You. 2502 Jefferson Avenue, Tacoma, WA 98402 P: 253.627.0720 www.kpg.com RETURN TO: PW ADMIN EXT: 2700 ID #: 4065 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / CAPITAL ENGINEERING 2. ORIGINATING STAFF PERSON: John Cole EXT: 2718 3. DATE REQ. By: 3/7/22 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 ® CONTRACT AMENDMENT (AG#):_21-172 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME; Surveying Services for SR 99 and S 373rd Prolect 5. NAME OF CONTRACTOR: KPG, P.S. _ ADDRESS: 3131 Elliott Ave. Suite 400, Seattle, WA 98121 TELEPHONE: 206-286-1640 E-MAIL:_mikebna koa com FAX: SIGNATURENAMF.: Mike Bowen. PLS 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. 12/31/ UBI # . EXP. 7. TERM: COMMENCEMENTDATE:_upon execution smIII COMPLETION DATE: 3/31/23 8. TOTAL COMPENSATION: $-$42.376.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES 13 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 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: 3064400-224-535-30-470 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED A PROJECT MANAGER Jc 2/25122 ❑ DIVISION MANAGER cly—ytl 2R -2022 ❑ DEPUTY DIRECTOR ❑ DIRECTOR EJW 3/1/2022 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT 3/1/2022 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: 318/22 DATE REC• D: 3/11122 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT _ LAW DEPT AAG# SIGNATORY(MAYOR OR DIRECTOR)CITY CL'r'Ri��ASSIGNED AG # 0—%16Ar Psf-i -ffU t WM hj �f DATE SENT: COMMENTS: EXECUTE " " ORIGINALS Term Only extension 1 /2020 CITY OF CITY HALL Fe �� Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. cityoffederahmy. com AMENDMENT NO. 1 TO PROFESSIONAL SERVICE AGREEMENT FOR SURVEYING SERVICES FOR SR 99 AND S 373rd PROJECT This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and KPG, Inc., aka 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 Professional Services Agreement ("Agreement") dated effective November 16, 2021, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2023, ("Amended Term"). 2. 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 -1Rev. 3/2017 4SC1rr OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay.. corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: KPG, Inc.: By: Printed Name: I & ► c-4-42g Title: rjy ! j e DATE: 3 a I2vzZ STATE OF WASHINGTON ) 4 ) ss. COUNTY OF ATTEST: -- S6Zph&me Courtney, CMC, Clerk APPROVED AS TO7RM: ;/ — k, Plyan all, City Attorney this day personally appeared before me to me known to be the Of 1h 7el- that executed the foregoing instrumen , and ac wledged 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 ha >�d aid official seal this day of,� I`� l 20 ,, ►t►►t I LsII Flo '� ��,,,,��'�► ,it Notary's signatures 0 J' lie, Notary's printed!n n & sU Notary Public in and for the Statej ?*;p T, q of W hingtan. ioai{p h �- = My commission expires y�I 091 �4 nor_= AMENDMENT - 2 - Rev. 3/2017 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF PSOMAS, a California corporation. December 31, 2021 THE UNDERSIGNED, being all of the members of the Board of Directors of Psomas, a California corporation (the "Corporation"), hereby adopt the following resolutions without a meeting as of the date set forth above, pursuant to Section 307(b) of the General Corporation Law of California: RESOLVED that the following, being the Officers of the Corporation, be and hereby are authorized to execute any and all documents required to conduct the business of the Corporation, including, but not limited to contracts, leases and certifications; IT IS FURTHER RESOLVED that any one signature of the Officers listed herein shall be sufficient to bind the Corporation; STEVE MARGARONI President and Chief Executive Officer NICK TARDITTI Chief Financial Officer, Treasurer, Assistant Secretary CHAD WILSON Vice President, Secretary CRAIG AHRENS Vice President ALEJANDRO ANGEL Vice President SESSYLE ASATO Vice President BRETT BARNETT Vice President JOSEPH BARTORELLI Vice President REGINA BEEM Vice President STEVEN BEIN Vice President MARC BLAIN Vice President MONIKA BOWDEN Vice President MICHAEL BOWEN Vice President JOSEPH L. BOYLE Vice President SCOTT BRYANT Vice President BRIAN E. BULLOCK Vice President JEFFREY CHESS Vice President MARCIA CARRILLO Vice President MATTHEW D. CLARK Vice President MICHAEL J. CREHAN Vice President SARAH CURRAN Vice President CHRIS DAVENPORT Vice President NELSON DAVIS Vice President AMY DAY Vice President WILLIAM ESTEPA Vice President MARY FIORE Vice President ROSE FISTROVIC Vice President PETER FITZPATRICK Vice President DAN FORGEY Vice President BRIAN FRAGIAO Vice President JASON FRITZLER Vice President PAUL GERVACIO Vice President JEFF GILLIS Vice President ERNEST GOMEZ Vice President DANNIE B. GREEN Vice President TIMOTHY G. HAYES Vice President GREGORY A. HELMER Vice President Unanimous Written Consent of the Board of Directors of Psomas December 31, 2021 Page 2 ALIA HOKUKI Vice President JIM HUNTER Vice President ROBERT J. IANNARINO Vice President RICHARD IMAN Vice President JEREMY JOHNSON Vice President ANN JOHNSTON Vice President VINCENT LUNGARI Vice President JENNIFER MARKS Vice President FRANK MARTIN Vice President NANDEZ MILLER Vice President DAVID A. MORITZ Vice President NATHANIEL MOZER Vice President ARIEF NAFTALI Vice President ANDREW NICKERSON Vice President ED O'BRIEN Vice President TRAVIS PERRY Vice President TOM PILARSKI Vice President MICHAEL R. REDIG Vice President TERESITA REUTTER Vice President SCOTT ROCKE Vice President SEAN SAMSEL Vice President GARY SKREL Vice President SEAN SMITH Vice President THEO SMITH Vice President RICHARD M. SULLIVAN Vice President MICHAEL D. SWAN Vice President ROBERT J. TALAFUS Vice President KEVIN T. THORNTON Vice President BYRON G. TOBEY, JR. Vice President KIMBERLY (RAETZ) WENDER Vice President REUBEN TOLENTINO Vice President ALYSEN WEILAND Vice President DONALD LEE WHITELEY Vice President TERRENCE WRIGHT, JR. Vice President CAROLINE YONTEZ Vice President This Unanimous Written Consent shall be filed with the Minutes of the proceedings of the Board of Directors, and the actions taken hereby shall have the same force and effect as if taken at a meeting duly called and held. Ryan E. McLean Matthew D. Clark 9 David A. Moritz Mike Lucki 0 - t k� k'c*a" 1441- Unanimous Written Consent of the Board of Directors of Psomas December 31, 2021 Page 3 Ann Johnston Alejandro Angel Donald Lee Whiteley Steve Margaroni Byron Tobey ep Client#: 25181 PSOMAS DATE (MWDD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 2/10/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Katie Kresner NAME: Greyling Ins. Brokerage/EPIC A/CONo Ex ; ..C No866.550.4082 3780 Mansell Road, Suite 370 E-MAIL K ti ae.resner re tin ADDRESS: K@g Y g•com Alpharetta, GA 30022 INSURERIS►AFFORDING COVE RAGE NAIC# INSURED KPG Psomas Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 INSURER A: National Union Fire Ins. Co. 19445 INSURER B : INSURER C : INSURER D : I INSURER E : l CnVFRAAFS CERTIFICATE NIIMRFR- 21-22 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 DDL SUB P0 I.ICY EFF PQI,iIC EXP LIMITS LTR TYPE OF INSURANCE INSR D POLICY NUMBER MIIND Ir; A X COMMERCIAL GENERAL LIABILITY GL5268212 014/01/2021 �,-,_, 04/01/2029 EACHOCCURRENCE $1 000000 CLAIMS -MADE X OCCUR Pay T Rf NTE4 P ES Eaorxurrence $5OO OOO MED EXP (Any one person) $ 25 OOO PERSONAL & ADV INJURY $1 000 000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO- POLICY 51 JECT LOC PRODUCTS -COMP/OP AGG $ 2 OOO 000 $ OTHER: A _ AUTOMOBILE LIABILITY CA4489706 X/01/2021 04/01/2029 EaMBI EDSINGLE. IMIT 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per arriden1 $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETCMPARTNER17fECUTIVEY/N � ANY OFFICERWEMBER EXCL ❑ (Mandatory In NH) N I A WC015893764(AOS) WC015893765(CA) 34/01/2021 04/01/2021 04/01/202 04/01/202 X PER OTH- EL $1000000 E.L. DISEASE - EA EMPLOYEE $1 000 O00 E.L DISEASE -POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: KPG PN 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 is a written contract that requires such status, and only (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Christine Tollefson ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue South Federal Way, WA 98003-0000 AUTHORIZED REPRESENTATIVE xkv IEY�,�.� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S3116437/M2627561 JNOY1 DESCRIPTIONS (Continued from Page 1) 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 (2016/03) 2 of 2 #S3116437/M2627561 Ae �6 DATE (MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 2/8/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lisa Shimizu-Fookes _ AssuredPartners Design Professionals Insurance Services, LLC PHONE 714�27-3482 cFac,N4I: 3697 Mt. Diablo Blvd Suite 230 t�rp.� RQ E.0= Lafayette CA 94549 ADDRESS: lisa.fookes@ar.turedpanners.com INSURERS AFFORDING COVERAGE NAIC p License#: 6003745 INSURER A: XL Specialty Insurance Company 37885 INSURED PSOMASO-01 INSURER B : KPG Psomas Inc. 3131 Elliott Ave., #400 INSURERC: Seattle WA 98121 INSURER D : INSURER E : rAVFRAnPA rFRTIFIrATF NHMRFR: 194Rn4Fi4R1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADDLiSUBR POLICY EFF POLICY EI(p LIMITS LIRTYPE OF INSURANCE POLICYNUMBER MM/PD/YYYY Ill DIYYYY COMMERCIAL GENERAL LIABILITY Mg $ CLAIMS -MADE OCCUR $ PREMISES Ea occurrence MED EXP Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ POLICY ❑ 71 LOC $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIM1T $ BODILY INJURY (Per person) ANY AUTO $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ $ BODILY INJURY (Per accident) PROPERTYDAMAGE , Per acdden! UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ HCLAIMS-MADE AGGREGATE EXCESS LIAB $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTIVE PER OTH- STATUTE $ E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below I I I I $ A Protesslonal Liability Y DPR9983805 1011,112021 10115/2022 $3,000,000 per claim $5,000,000 agg Claims -Made includes Pollution Liability DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: KPG PN 19123W17, Surveying Services SR 99 and S 373rd Project. CERTIFICATE HOLDER (;ANk;LLLA I IUN 3u uays ana i u ror INOn-raymern City of Federal Way; Attn: Christine Tollefson 33325 8th Avenue South Federal Way WA 98003-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE w 91983-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2/28/22, 8:26 AM Corporations and Charities System BUSINESS INFORMATION Business Name: KPG, INC. UBI Number: 601 248 468 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 3131 ELLIOTT AVE STE 400, SEATTLE, WA, 98121-1006, UNITED STATES Principal Office Mailing Address: 555 S FLOWER ST STE 4300, LOS ANGELES, CA, 90071-2405, 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, INC. 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 ENTITY PSOMAS, A CALIFORNIA CORPORATION https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 2/28/22, 8:27 AM Washington State Department of Revenue Washington State Department of Revenue LL < Business Lookup I License Information: New search Back to results Entity name: KPG, INC. Business KPG PSOMAS name: Entity type: Profit 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: 555 S FLOWER ST STE4300 LOS ANGELES CA 90071-2405 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 1 of 3 Endorsements Filter Endorsements held a License # Count Details Status Exoiratioi First issua https://secure.dor.wa.gov/gteunauth/_/#4 1 /4 2/28/22, 8:27 AM Washington State Department of Revenue Endorsements held a License # Count L I Expirstloi First Issue Architect Firm View Architect Active May-31-2 Jun-20-2( 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-16-2i 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 https://secure.dor.wa.gov/gteunauth/_/#4 2/4 2/28/22, 8:27 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-0267: Active May-31-2 Apr-22-2( Business - Non - Resident Federal Way 06-10104, Active I 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 Governing people Title PSOMAS, A CALIFORNIA CORPORATION Registered Trade Names Registered trade names Status KPG PSOMAS Active KPG, P.S. Active PSOMAS DBA KPG Active PSOMAS https //secure.dor.wa.gov/gteunauth/_/#4 First issued Jan-26-2022 Apr-09-2018 Jan-13-2022 3/4 2/28/22, 8:27 AM Washington State Department of Revenue View Additional Locations The Business Lookup information is updated nightly. Search date and time: 2/28/2022 8:27:28 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#4 4/4 f l ;kel Letter of Transmittal Date: March 8, 2022 To: City of Federal Way Attention: Christy Tollefson Subject: Contract Amendment Project: Surveying Services — SR99 and S 373ra The Following: ❑ Construction Drawings ❑ Specifications ❑ Shop Drawings ❑ Change Order Z See Below For: ❑ Review and Comment ❑ Approval ® As Requested ❑ Use and Files ❑ Action Noted Below Date: No of Description: Amendment No. 1—Signed and 3/8/22 1 notarized by KPG Comments: KPG #19123W17 If you have any questions or need anything further, please contact Mike Bowen at (253) 627-0720. Thank You. Signed, Terri L. Simms, KPG 2502 Jefferson Avenue, Tacoma, WA 98402 P: 253.627.0720 www.kpg.com RETURN TO: PW ADMIN EXT: 2700 ID #: 4006 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Capital Engineering 2. ORIGINATING STAFF PERSON: Sarah Harrel EXT: 2720 3. DATE REQ. BY: 11 /3/2021 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT p PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECTNAME: SURVEYING SERVICES FOR SR 99 AND S 373rd PROJECT 5. NAME OF CONTRAC`rOR: KPG, P.S. ADDRESS: 3131 Elliott Ave, Suite 400, Seattle, WA 98121 TELEPHONE:206] 286-1640 E-MAIL: mlkeb7 [ pQ.COrn _ FAX: SIGNATURENAME: Mike Bowen PLS 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. 12/31/ UBI # EXP. 7. TERM: COMMENCEMENTDATL: upon execution 11 11V '�-pal COMPLETION DATE: 3/31/2022 8. TOTAL COMPENSATION: $ 42 376.00 (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: O YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 306-4400-224-595-30-410 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER 6 DIVISION MANAGER SLH 10/26/2021 8 DEPUTY DIRECTOR DSW 10/26/21 8 DIRECTOR EJW 11/3/2021 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA 11/3/2021 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: 11/04/21 DATE REC' D: 11/15/21 ❑ 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 C AG# DATE SENT: 11. lq, a I.y_ f COMMENTS: EXECUTE " " ORIGINALS ❑ FINANCE DEPARTMENT X LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED 1/2020 CITY OF CITY HALL Federal Way 33325 8th South Federal Wayy,, WA WA 98003-6325 (253) 835-7000 www_ ci"ffedera&,ay. com PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING SERVICES FOR SR 99 AND S 373rd PROJECT This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and KPG, P.S., a Washington professional services corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: KPG, P.S.: Mike Bowen, PLS 3131 Elliott Ave, Suite 400 Seattle, WA 98121 (206) 286-1640 (telephone) mikeb@kpg.com The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Hamel, P.E. 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2720 (telephone) (253) 835-27090 (facsimile) Sarah.Hamel@,cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than March 31, 2022 ("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. 7/2021 ` CITY OF �� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederahvay. com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 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. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www_a"ffederahvay com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 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 $2,000,000 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. AddttionaI 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. 7/2021 CITY OF �� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederahvay com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTI]NITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning parry 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. 7/2021 ` CITY OF CITY HALL Fe d e ra l Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway_com obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with _Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www-citWffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: r Jim l , M yar t DATE: D ( L KPG, P.S.: B L2,6VI Y'414 Printed Name: R-- aQ l„e-,1_ Title: L' ✓' ✓G� M a r� o a �r— DATE: 11 9 % Zo2l STATE OF WASHINGTON ) ) ss. COUNTY OF Pj fr c�, ) ATTEST: r SYeph6ne Courtney, C , City Clerk APPROVED AS TO FORM: t . . Ryan Call, City Attome On this day personally appeared before me M iKe to me known to be the of V Plra. S . that executed the foregoing instrument, and a owledged the said in ent 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. !AsGIVEN � k��F i cial seal this day of 06VO4b4'r , 20 2-, . aoly *,tool' Notary's signatu r " 1082I0 0Notary's printed n�knc T:, L a yf (/��, Notary Public in and for the State of Washington. �� '% 6 _ My commission expires j [Z1' 0ttiy�AsH'N PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 ` CITY OF CITY HALL Federal Inlay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cVoffederalway com EXHIBIT A SERVICES The Contractor shall do or provide the following: SR99 AT S 373RD STREET ROUNDABOUT 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) • 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: full topo along SR 99 from 100 ft south of the Cemetery Drive and 1,300 feet north of S 373rd St for a total of approximately 2,600 lineal feet. Lateral limits are to the existing right of way on each side of SR99. At the intersection with S 373rd St lateral limits will extend to approximately 90 feet from road centerline to accommodate the proposed roundabout area. • Topographical mapping shall include: 1. Provide a complete base and topographic detail within the project limits. Minimum detail required within the limits of the topographic survey includes, but is not limited to: • Centerline of all paved, gravel, and dirt roads, delineated. • Edges of all pavements. • All driveways. • Curbing (top and bottom), and description of surfaces. Face of Curb at top and at flow line every five -feet within the return area at intersection corners. • Sidewalks (each edge) ramps. • Ditch lines. • Corners and faces of all buildings and structures (include height and material type). • Roof overhangs, awnings. ■ Walls, fences, and railings. Ground profile at existing retaining wall footings. • Utility poles, including pole numbers, and overhead wires (indicate if pole is lighted and underground utilities). • Utility manholes, storm, and sanitary, including size and type (e.g., SMH or DMH). • Catch basins with rim, inverts, type and size. Perform observation and measure -downs of existing storm drain catch basins and manholes including bottom of structure. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of storm drainage pipes will be documented. These observations will be made from the surface. • Stormwater treatment, detention facilities, and storm drainage. • Luminaire poles. ■ Signals, mast arms, and loop detectors. • Hydrants, water valves, and pipes (including size and material). ■ Abutting property owner, name, lot number, deed and page, and address. • Edges of water courses and wet areas. • Signs (including legend). ■ Property right of way bounds and sources. • Trees of significant circumference, brush lines, landscaped areas and single/grouped ornamental plantings. • Direction of river flow. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 ` CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com • 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 Corners. • Side street monuments. • Other Monuments shown or found as indicated on survey records. 6. Provide a copy of the field survey book pages used to generate all electronic files. 7. Provide the following AutoCAD deliverables in Imperial units: A hardcopy of the survey drawing, signed and stamped by a land surveyor licensed in the State of Washington. ■ The .DWG file submitted shall be AutoCAD 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 Model (DTM) software, the terrain model files used to create the contours shall be provided. These files have extensions of TIN, .PNT, .DAT, .FLT and are found in the project SDSK directory. • Submit plan and above -mentioned associated data files in an electronic format. 8. All layers, blocks, test styles, point styles, and line types shall meet APWA standards. Mapping work to prepare 1" = 20' topographic base map and DTM in AutoCAD format of the project within the limits described above. The base map will include surface features within the mapping area as describe above. One -foot contours will be generated from the DTM. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 CITY of Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvvw cityoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty -Two Thousand Three Hundred Seventy -Six and 00/100 Dollars ($42,376.00). 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 and unit price rate schedule as shown below: SURVEYING SERVICES Client: City of Federal Way Project: SR99 AT S 373RD STREET ROUNDABOUT PROJECT SURVEY SERVICES KPG PROJECT NUMBER: 19123W17 nerF- n.,rnhor 2r1191 Task Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task ° a�' v � 8 P 9 d40 t� m 'C 40 226 219 142 117 Hours Fee Task 1 - Survey, Mapping, and Existing Right of Way 1.1 Establish Horizontal and Vertical Control 1 16 17 S 3.730.00 1.2 Field Survey and note reduction (2600') 4 60 8 72 $ 14,980.00 1.3 Prepare To o and DTM 2 72 74 S 8,876.00 1.4 Locate utility paint marks 10 20 30 S 4.530.00 1.5 CB and MH measure dawns 10 10 S 2,190= 1.$ Coordinate field utility locates 4 4 $ 56800 1.7 Calculate right of way 1 24 4 1 29 IS 4.102.00 Task Total 8 96 28 104 236 S 38.976.00 Task 5 - Alignment Plan Preparation 0 s Task Total 0 0 0 0 0 S Total Labor Hours and Fee 8 96 1 28 1 104 t 236 $ 38,976.00 Subconsultants Unlit Locatin S 3.000.00 Subtotal S 3,000,00 AUministratrve Charge 5% S 150.00 Total Subconsultant Expense S 3,150.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate S 250.00 Total Reimbursable Expense S 250.00 Total Estimated Budget $ 42,376.00 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 RESOLUTION OF THE BOARD OF DIRECTORS ACTING WITHOUT A MEETING FOR KPG, P.S. The undersigned, being all the members of the Board of Directors of KPG, P.S. (the "Company'), hereby consent to, authorize, and adopt in all respects, the following resolution and such consent shall have the same force and effect as a vote by the undersigned at a duly constituted meeting of the Board of Directors. RESOLVED, that the President, Vice President, Treasurer, Secretary, Director or Member at Large of the Company and other authorized individuals identified below shall be authorized to sign and execute on the behalf of the Company the Local Agency Standard Consultant Agreements for the calendar year 2021. Dated: September 9, 2020 Board of Directors: Nelson avis, President T41-F� f4-- Paul Fuesel, Vice President 00 Terry Wright, Treasurer S--O� Sessyle Asato, Secretary Mike Bowen, Director Jii on Fritzler, Member at Large Authorized Shareholders: Ki \ Nandez Mil , Shareholder Nathaniel Mozer, Shareholder Client#: 1487397 KPGPS ACORDTM 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 sloes not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER AME NAMET Please See Below: USI Insurance Services NW PR ac°, N . Ext : 206 441-6300 601 Union Street, Suite 1000 KAIL c lya : 610-362-8530 I Seattle, WA 98101 ADDRESS: Seattle.PLCertRequest@usLcom INSURED KPG, P.S. fka KPG, Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121-1006 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co of America 25666 INSURER B : Berkley Insurance Company 32603 INSURER C : Charter Oak Fire Insurance Company 25615 INSURER D : INSURER E : 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. LTRI TYPE OF INSURANCE INSR �"� UIVD POLICY NUMBER rvucT trr MM/DD rsn� r tttP MMID LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6809M6778552147 CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY X JECT LOC OTHER: AUTOMOBILE LIABILITY X X BA3R5763862147G x ANY AUTO OWNED SCHEDULED � AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY X UMBRELLA LIAB X OCCUR X X CUP9M6824352147 EXCESS LIAB CLAIMS -MADE (Follow Form) DIED J X1 RETENTION $10,000 WORKERS COMPENSATIONX 6809M6778552147 AIJD EMPLOYERS' LIABILITY'UM ANY PRO PRi ETORWARTNEWEX ECUTIVE Y/ N (WA Stop Gap) OFFICER/MEMBER EXCLUDED? � N I A (Mandatary in NH) If yes, describe under 31/01/2021 D1/01/2021 01/01/202 EACH OCCURRENCE $1 DAMAGE TO RENTED PREMISES Ea occurrence $1 MED EXP (Any one person) $ 5 PERSONAL & ADV INJURY $1 GENERAL AGGREGATE $2 PRODUCTS - COMP/OP AGG $2 $ C 01/01/202 01/01/2022 COMB?NEDSINGLEUMITacdd 1 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Paracaden; $ EACH OCCURRENCE $ $5 A 31/01/2021 AGGREGATE $5 $ A D1/01/2021 01/01/202 PER X OTH- E.L. EACH ACCIDENT $1 E.L. DISEASE - EA EMPLOYEE $1 ,000,000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1$1.000,000 B Professional X AEC904155903 D1/01/2021 01101/2022 $3,000,000 per claim Liability $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 PN 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) 1,hK 1.1F-IUA I k HULutK CANCELLATION City of Federal Way Attn: Christine Tollefson 33325 8th Avenue South Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 Of 2 R-WIAnn747a►M R 4 17QR7Q ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PYA70 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 #S34007576/M31179879 10/13/21, 9:34 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 GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name ELIZABETH GIBSON PAUL FUE SEL TERRY WRIGHT OLIVIA PARASCHIV NANDEZ MILLER NELSON DAVIS https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1 /2 10/13/21, 9:34 AM Title GOVERNOR GOVERNOR GOVERNOR GOVERNOR GOVERNOR GOVERNOR GOVERNOR Corporations and Charities System Governors Type Entity Name First Name Last Name INDIVIDUAL DENNIS DEAN JR INDIVIDUAL JAN CIGANIK INDIVIDUAL NATHANIEL MOZER INDIVIDUAL MICHAEL BOWEN INDIVIDUAL JASON FRITZLER INDIVIDUAL SUSAN ROWE INDIVIDUAL SESSYLE ASATO https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 2/2 10/13/21, 9:38 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: 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 w Endorsements held a License # Count Details Status https://secure.dor.wa.gov/gteunauth/—/#3 New search Back to results Expiratioi First issua 1 1/5 10/13/21, 9:38 AM Washington State Department of Revenue Endorsements held a License # Count Detalls Status Explratloi Flrst Issue Architect Firm View Architect Active May-31-2 Jun-20-2( Bonney Lake Active May-31-2 Apr-06-2( General Business - Non -Resident Bremerton General 34494 Active Dec-31-21 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 10/13121, 9:38 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-02673 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 ASATQ, SESSYLE BOWEN, MICHAEL CIGANIK, JAN DAVIS, NELSON DEAN JR, DENNIS FRITZLER, JASON https://secure.dor.wa.gov/gteunauth/—/#3 3/5 10/13/21, 9:38 AM Washington State Department of Revenue Governing people 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 Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/13/2021 9:37:45 AM Con*—t us https://secure.dor.wa.gov/gteunauth/_/#3 4/5 10/13/21, 9:38 AM Washington State Department of Revenue How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#3 5/5