Loading...
AG 23-174 - AHBLRETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Parks Department 2. ORIGINATING STAFF PERSON: Jason H. Gerwen EXT: 6912 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G.. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION I CONTRACT AMENDMENT (AG#): 23-174 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Brooklake & Steel Lake Master Plan and PROS Plan Update 6. NAME OF CONTRACTOR: AHBL ADDRESS: 1200 6tn Ave #1620, Seattle, WA 98101 TELEPHONE 206.267.2425 E-MAIL: WECarlson@AHBL.com FAX: SIGNATURE NAME: Wa/Cl@ E. Carlson TITLE Principal 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 8/23/2023 9. COMPLETION DATE: 5/31/2024 TOTAL COMPENSATION $ $266,376.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES L NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED P PURCHASING: PLEASE CHARGE TO: 303-7100-156-594-76-410 10. DOCUMENT/CONTRACT REVIEW X PROJECT MANAGER 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) * LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED JG - 2/29/2024 JRH 2/29/2024 TMW 2/29124 INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: N/A COUNCIL APPROVAL DATE: NIA 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 2/29/24 DATE REC'D: 3/28/24 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) 911.AW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# COMMENTS: 2/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR BROOKLAKE & STEEL LAKE MASTER PLAN AND PROS PLAN UPDATE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and AHBL, Inc., 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 the Brooklake & Steel Lake Master Plan and the PROS Plan update ("Agreement") dated effective August 23, 2023, 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, 2024 ("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 - 1 - Rev. 4/2023 tliY OF ..ti. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jiln Ferrell, N4iy DATE: AHBL, INC.: By: Printed ame: r,WpyArE E• C49-LS04 Title: P2rtJOLPAL DATE: 2b 1" A i2 Ui 2024- STATE OF WASHINGTON ) ss. COUNTY OF 11 f f C� ATTEST: V"at C urtney, CM , City Clerk ROVED ASTO FORM: ll,Cityan Cattorney On this day nersonally appeared before me W ✓Ik 1. G-" 15J I- to me known to be the ►{Ifl of AHBL, Inc. that executed the within and foregoing instrument, and acknowledged t e 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 or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this Z(2 4A11-0.r�� ee t $ My Comm. Expires July 10, 2026 SNo.113531 Z� 0 f y `■•��BL�G��+L� jj � •�O�•rwM� \�\\\ Notary's signature Notary's printed name 2024. J Votary Public in and for the State of Washington. My commission expires 5 -.) �y /01� 20 Z � AMENDMENT - 2 - Rev. 4/2023 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/30/2023 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 AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 INSURED AHBL, Inc. 2215 North 30th Street, Suite 300 Tacoma WA 98403 AHBLI ncy Ferrick 510-272-1400 INSURER A: XL INSURER B : Tri FFORDING COVERAGE NAIC p rance Company 37885 Casual Company of America 25674 Fire Insurance Company 25615 emnitv COmDanv of Connecticut 25682 COVERAGES CERTIFICATE NUMBER:2007882725 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. D SUBRi POLICY EFF POLICY EXP INSR I LTR TYPE OF INSURANCE 1 POLICY NUMBER M/DDIYYYY) (MM!RR= LIMITS D X COMMERCIALGENERALLIABILITY Y Y 1680BJ59430A 9/11/2023 9/11/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR $ 1,00%000 PREMISES Ea occurrence MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2.000.000 POLICY j�a 7 LOC $ OTHER: C AUTOMOBILE LIABILITY Y Y BABP56584A 9/11/2023 9/11/2024 COMBINED SINGLE LIMIT Iva aCCidenl $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERLY DAMAGE Per - enl $ B X UMBRELLA LIAB X OCCUR Y Y CUP8J596642 9/11/2023 9/11/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $ 1 p Ono $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINANYPROPRIETOR/PARTNER/EXECUTIVE 6808JS9430A 9/11/2023 9/11/2024 PER X OTH- STATUTE ER WA Sfo G E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEII $ 1,000.000 E.L. DISEASE -POLICY LIMIT $ 1,000.000 If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability DPR5017465 9/11/2023 9/11/2024 $2,000,000 $4,000,000 per Claim Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) AHBL Project No. 2230372.30 / Federal Way PROS Plan & Master Plans. The City of Federal Way is named as Additional Insured on General Liability, per policy forms, with respect to the operations of the Named Insured as required by wrilten contract or agreement. General Liability is Primary/Non-Contributory and severability of interests per policy form wording. GLK I WIGA I t KULUtK LIiNt,=LL.H 11UP4 OU UeY IWUCe Of L encenauurr City of Federal Way Attn: Taryn Weatherford 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 A ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6808J59430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 09/11/2023 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808J59430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 02 XX XX DATE OF ISSUE: 09/11/2023 Policy # 680BJ59430A COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance d. Primary And Non -Contributory Insurance If laws or regulations. Required By Written Contract —i7. Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1 ) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer OF Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 6808J59430A occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the ' knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BA8P56584A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the 'loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or 'loss", pro- vided that the "accident' or"loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks Department 2. ORIGINATING STAFF PERSON: Jason H. Gerwen EXT: 6912 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT N PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Brooklake & Steel Lake Master Plan and PROS Plan Update 6. NAME OF CONTRACTOR: AHBL ADDRESS: 1200 6th Ave #1620, Seattle, WA 98101 TELEPHONE 206.267.2425 E-MAIL: WECarlson@AHBL.com FAX: SIGNATURE NAME: WBVm E. Carlson —TITLE. Principal 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: on signature COMPLETION DATE: 5/31/2024 9. TOTAL COMPENSATION $ $266,376.00 (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 ®YES DNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT:. ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED A PURCHASING: PLEASE CHARGE TO: 303-7100-xxx-594-76-xxx 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED A PROJECT MANAGER JG - 7/18/2023 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) R LAW JE 7/24/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED DEPARTMENT L7. �'E�'LAW 197,1GNATORY (MAYOR OR DIRECTOR) CITY CLERK ?r ❑ ASSIGNED AG4 G COMMENTS: 2/2017 CITY OF ��. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR BROOKLAKE, & STEEL LAKE MASTER PLAN AND PROS PLAN UPDATE This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and AHBL, Inc., a Washington corporation ("Contractor" or "AHBL"). 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: AHBL, INC. Wayne Carlson 2215 North 30th Street, Suite 300 Tacoma, WA 98401-3350 (253) 383-2422 (telephone) WECarlson(c�AHBL. com The Parties agree as follows: CITY OF FEDERAL WAY: Jason Gerwen 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-6912 (telephone) Jason. Gerwen@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 May 31, 2024 ("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 PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 4/2023 ,4SCITY OF ,Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway. com 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. 4.2 Method of Pa ent. 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, PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 4/2023 CITY OF ,As Federal way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoP%derahvay com 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: 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 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 $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 Liabilily. 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 PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 4/2023 Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com 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. 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. E UAL 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 PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 4/2023 CITY OF CITY HALL Fe d e ra [ Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The 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 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 4/2023 ,:§�, Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway com 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 - 6 - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederatway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: - P */*' (" -1 e2� Jim Ff, K44or'7 DATE: AHBL, INC.: By: Printed Name: W AYA)E E 44ALSoAI Title: PA I Nc r PA L DATE: 17 ofof 2,02 STATE OF WASHINGTON ) ) 5S. COUNTY OF IZIi, ATTEST: APPROVED AS TO FORM: 5J.an Call, City Att rney On this day personally appeared before me Z- , to me known to be the of AHBL, Inc. that executecKthe foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 17t_ day of 2023. Notary's signature '( Notary's printed name Notary Public in and for the State of Washington. My commission expires Z PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 4/2023 clrr OF CITY HALL ,4!Fe d e ra I WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT A SERVICES The Contractor shall do or provide the following: A. BROOKLAKE PARK MASTER PLAN Research and Base Map Visit the site to review site characteristics and the surrounding area for design purposes. Research of Federal Way land use and development controls. This item will inform the development of conceptual visioning and site planning. 3. Prepare a base map for the project site, identifying site characteristics such as water features, significant trees, existing improvements. This item will utilize existing City data/information, including but not limited to GIS data, available aerial photography and surveys, etc. Collection of site data not already in the City's possession or available to the City or Contractor by another readily available source is outside the scope of these Services, unless the Parties otherwise agree in writing. Visioning and Master Planning 4. Prepare up to three (3) conceptual site plans for use during the public engagement process. Conceptual site plans will identify key site characteristics such as proposed improvements, priority areas, and suggested planting palettes. 5. Develop one (1) final conceptual site plan that incorporates the feedback provided during the review and public engagement process for the conceptual site plans. 6. Develop an opinion of probable construction costs for the final conceptual site plan. Project Coordination 7. Represent and lead the project throughout the review and public engagement process. If the City requests additional studies exceeding the scope of these Services, Contractor will prepare a separate proposal for the work or will be coordinated with other design consultants. 8. Coordinate with the City's selected architect regarding integration of a design plan for the Brooklake Community Center. 9. Prepare for, facilitate and attend bi-weekly meetings with the client and other Contractor staff throughout the course of the project. This includes creating and providing agendas, providing updates, producing minutes and action items. Public Engagement and Public Hearing PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 CITY OF CITY HALL 4 33325A Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www dtyoffederalway com 10. Prepare for, coordinate with the City to plan for, attend and facilitate one public Visioning Workshop using the base maps prepared in Item 3 to establish the purpose of conducting the Visioning exercise with attendees and to gather preliminary public feedback for potential inclusion in subsequent conceptual site plans. 11. Prepare a summary memo detailing the results and public preferences gathered during the public Visioning Workshop. 12. Prepare for, coordinate with the City to plan for, attend, and facilitate one public meeting to present up to three conceptual site plans prepared under Item 4 to gather feedback, and assess public preferences on the conceptual site plans. 13, Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the conceptual site plans. 14. Prepare for, coordinate with the City to plan for, attend, and facilitate one public meeting to present the final conceptual site plan to gather public feedback and preferences. 15. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the final conceptual site plan. 16. Prepare for, and attend, one public hearing/meeting with the City's Parks & Recreation Commission to outline the public engagement process and to present the final conceptual site plan prepared in Item 5. 17. Summarize the results of the Master Planning services as a whole in a report following the Parks & Recreation Commission meeting detailed in Item 16. This summary report will be used to identify and recommend any changes to the City's Parks, Recreation, and Open Space (PROS) Plan. B. STEEL LAKE PARK MASTER PLAN Research and Base Maps Visit the site to review site characteristics and the surrounding area for design purposes. 2. Research of Federal Way land use and development controls. This item will inform the development of conceptual visioning and site planning. 3. Prepare a base map for the project site, identifying site characteristics such as water features, significant trees, existing improvements, and available aerial photography. This item will utilize existing City data/information (such as GIS data or a survey) to identify map critical areas and minimize consultant scope. The collection of site data not readily available by the City is not included in this scope. Visioning and Master Planning 4. Prepare up to three (3) conceptual site plans for use during the public engagement process. Conceptual site plans will identify key site characteristics such as proposed improvements, priority areas, and suggested planting palettes. PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 4/2023 CITY OF CITY HALL 4 Feder Fey! ra 11Nay 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityofiederalway com 5. Develop one (1) final conceptual site plan that incorporates the feedback provided during the review and public engagement process for the conceptual site plans. 6. Develop an opinion of probable construction costs for the final conceptual site plan. Project Coordination 7. Represent the project throughout the review and public engagement process. If there are additional studies requested that exceed the scope of the proposal, a separate proposal will be prepared for the work or we will coordinate this for you with other design consultants. Attend bi-weekly meetings with the client and other AHBL staff throughout the course of the project. Public Engagement and Public Hearing 9. Prepare for, and attend, one public Visioning Workshop using the base map prepared in Item 4 to establish the purpose of the Visioning exercise and gather preliminary public feedback for inclusion in subsequent conceptual site plans. 10. Prepare a summary memo detailing the results and public preferences gathered during the public Visioning Workshop. 11. Prepare for, and attend, one public meeting to present up to three conceptual site plans prepared in Item 5 to establish public preferences in relation to the conceptual site plans. 12. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the conceptual site plans. 13. Prepare for, and attend, one public meeting to present the final conceptual site plan to gather public feedback and preferences. 14. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the final conceptual site plan. 15. Prepare for, and attend, one public hearing/meeting with the City's Parks & Recreation Commission to outline the public engagement process and to present the final conceptual site plan prepared in Item 5. 16. Summarize the results of the Master Planning services as a whole following the Parks & Recreation Commission meeting detailed in Item 15. This summary will be used to identify and recommend any changes to the City's Parks, Recreation, and Open Space (PROS) Plan. C. 2024 PARKS, RECREATION & OPEN SPACE (PROS) PLAN UPDATE AND COMPREHENSIVE PLAN PARKS & RECREATION CHAPTER Task C.1— Project Kickoff, Data Collection and Analysis Task C.1 activities focus on ascertaining current parks, recreation, and open space conditions that may have PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com changed since the 2019 update of the City's Parks, Recreation and Open Space (PROS) Plan. 1. Project Kickoff Meetin Work Session Contractor and City staff will conduct a kickoff meeting to review the project scope, schedule, and budget. During this meeting, we will discuss specific format for integrating the PROS Plan into the active update to the City of Federal Way Comprehensive Plan and the new Parks and Recreation Comprehensive Plan Chapter. 2. Data Collection & Existin Conditions Analysis AHBL will rely on the inventory of existing facilities prepared for the 2019 PROS Plan and supplemental information from City staff documenting improvements constructed and any park land added to the City's portfolio since the adoption of the PROS Plan. City staff, in consultation with AHBL, will assemble and provide relevant City plans, documents, maps, and studies to Contractor for the purpose of performing the Services. Information to be provided to AHBL includes, but is not limited to: • City Comprehensive Plan; • City demographic information; • Facilities inventory of existing City parks and recreation facilities that may have changed since adoption of the 2019 PROS Plan; • Updates to the annual maintenance schedule; • Updates to the Parks & Recreation staffing numbers (i.e. number of staff in maintenance, administration, recreation leaders, seasonal, etc.); ■ Updates to the Recreation & Cultural Programs subsequent to the COVID pandemic service interruptions, including their locations and frequency/schedule; and • Any other information deemed necessary by the Parties. Based on the findings from this analysis and the facilities inventory, AHBL staff will meet with City Parks staff to identify facility needs that may not be included within the 2019 PROS Plan but are anticipated to be needed over the course of the 20-year planning horizon. We will prepare a memorandum of our findings. Task C.1 Assumptions • City staff will provide all relevant background documents for AHBL use. Task C.1 Deliverables • Prepare and maintain project schedule; and • Minutes from project kickoff meeting and city staff meetings. • Brief, up to 2-page summary/overview of existing conditions and needs that can be used in the new Parks & Recreation Comprehensive Plan chapter. Task C.1 Meetin s • One project kickoff meeting with City staff, and • Three meetings to discuss park and facility needs over the longer 20-year time horizon. PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 4/2023 CITY OF CITY HALL 40* Fed era 1 Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com Task C.2 — Public Engagement AHBL will attend, lead and facilitate two public open houses (dates to be determined in the project plan that will be provided to the City pursuant to C.1, above) and up to three stakeholder group meetings to solicit input from the general public and interested parties to gain initial direction on needs and desires for future improvements and programming for parks and recreation sites. The first public open houses will also identify the scope of the proposed revisions to the PROS Plan for public feedback. The second open house will be to share the draft PROS Plan and solicit comments. AHBL staff will prepare PowerPoint presentations, boards, handouts, and other meeting collateral necessary to facilitate the open houses and will provide them three weeks in advance for review and approval by the City no later than two weeks before the scheduled event. The scope of work also includes preparing a survey to solicit public input on PROS Plan revisions for electronic public distribution on the City's website. Task C.2 Assumptions • City staff will be responsible for posting graphic material notifying the public of the PROS Plan update. • City staff will handle the meeting logistics (invitations, location, and setup) for stakeholder meetings and the public open house. The survey will be hosted on the City's website. Task C.2 Deliverables • Graphic material for printing and posting in City parks and recreation sites notifying users of the PROS Plan update; and ■ Meeting materials for the public open house and which the City may use in other outreach activities for the comprehensive plan update. Draft and final survey for distribution on the City's website. Task C.2 Meetings • Two public open houses. • Up to three, one -hour stakeholder group meetings Task C.3 — Prepare Draft PROS Plan This phase of work involves preparing the draft PROS Plan including all related maps, graphics, and narrative descriptions. 1. Chapter 1: Introduction AHBL staff will revise/update Chapter 1 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff, the Parks Commission, the public open house, and stakeholder meetings: Plan Process o AHBL will revise/update as needed to describe the planning process utilized for the PROS Plan update. PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 4/2023 CITY OF Federal • Public Involvement CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www dfyotfederalway com o AHBL will revise/update this section as needed to reflect the open houses that will occur to support this work. • Core Values o AHBL will revise/update this section as needed to be consistent with the City's updated Comprehensive Plan, Vision, Goals, and Policies and the City Council Goals. This section will be informed by feedback received during the public engagement for the PROS Plan update occurring in Task C.2. The Core Values will be updated as needed to reflect consistency with the City of Federal Way's Periodic Update to its Comprehensive Plan. • Parks & Open Space Vision o AHBL will revise/update this section as needed to reflect changes that have occurred since the 2019 PROS Plan and changes that result from coordination with the ongoing effort associated with the City of Federal Way's Periodic Update to its Comprehensive Plan. 2. Chapter 2: Community Profile AHBL staff will work with City planning staff to acquire new demographic information related to the 20- year plan timeframe (2024-2044). 3. Chapter 3: Existing Park and_0pen Space System Where appropriate and effective, AHBL will format the chapter and replace text heavy sections and tables with information that can be conveyed by graphics. For the purposes of this scope, all graphics are prepared under Task 4. though they may be prepared concurrently with this Task in order to facilitate City review. 4. Chapter 4: Recreation and Cultural Arts Programs AHBL and City staff will revise/update Chapter 4 of the City's 2019 PROS Plan. City staff will update AHBL staff on the City's Recreation and Cultural Arts Programs post -pandemic. AHBL will identify recreation and cultural arts program demand based on interviews with City staff and other demographic projections based on the City's planned growth. This work will be tied to the analysis of the level -of -service work that will be prepared under Chapter 5. 5. Chapter 5: Needs Assessment and Recommendations AHBL and City staff will revise/update Chapter 5 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff and public engagement. • Introduction o AHBL will revise/update this section as needed based on public feedback generated during stakeholder engagement and community values and visions generated during meetings with stakeholder group and Parks Commission. PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 4/2023 CITY OF Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway com o City staff will provide information on local trends in participation and use of existing facilities as requested in Task 1. o AHBL will identify any new state/national trends in recreation and update/revise narrative. 0 Needs Assessment o AHBL will compile LOS standards for up four to municipalities identified by the City for comparative analysis. o AHBL will compile National Recreation and Park Association (NRPA) LOS standards. o AHBL will simplify and clarify the discussion of what LOS is and where the formulas come from to calculate it. o AHBL will revise/update the narrative for adopted level of service standards and the tables used to present the City's current resources within each category. o Provide, for the comprehensive plan chapter, a 10-year parks and recreation demand estimate to be consistent with Growth Management Act (GMA) requirement. Park Classifications and Level of Service o It is assumed that no changes in the park classifications are proposed. o AHBL will work with City staff to consider appropriate level -of -service standards for the City based on the amount of growth that is anticipated over the 2024-2044 planning horizon; both overall and in different areas of the City where growth is expected through 2044 in relation to existing parks and recreation facilities. • Plan Recommendations o AHBL to revise/update as needed based on results of the meetings with City staff, the Parks Commission, and other public engagement. 6. Chapter 6: Goals and Policies AHBL and City staff will revise/update Chapter 6 of the City's 2019 PROS Plan. AHBL will be responsible for updating the goals and policies of the PROS Plan with those developed during stakeholder meetings and meetings with the Parks Commission and City staff. Goals and Policies will be updated for consistency with the Comprehensive Plan, as applicable. 7. Chapter 7: Implementation AHBL and City staff will revise/update Chapter 7 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff, the Parks Commission, the public, and the stakeholder group: • Phasing of Implementation o AHBL to revise/update as needed. Potential Funding Sources o AHBL to revise/update as needed. • 6-Year and 20-Year Capital Improvement Plan PROFESSIONAL SERVICES AGREEMENT - 14 - Rev. 4/2023 ,4!CITY OF ,�S� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com o AHBL to revise/update as needed based on discussion with City staff and the Parks Commission regarding priorities for near term, mid-term and long-term projects that will inform the 6-year CIP, some of the longer -term projects will be placed on a 7 to 20-year CIP. o City staff to assist AHBL with the updates to Tables 7.1 and 7.2 based on discussion with the Parks Commission, projects that have been completed since the adoption of the 2019 PROS Plan, or other projects not contemplated during the last planning cycle. 8. Appendices AHBL and City staff will revise/update Appendix A, B and C of the City's 2019 PROS Plan. Appendix A o AHBL to revise/update the Park and Open Space Inventory and Assessment based on the Facilities Inventory provided by City staff in Task 1. Where significant changes have not occurred to the key features of a park, it is anticipated that AHBL will leave those sections largely unchanged. The focus of this effort is to ensure that the park information is all up to date and new parks or changes to park facilities have been accounted for. Appendix B o AHBL to update based on LOS standards chosen by City staff based on review of LOS research in the technical memorandum prepared in Task 1. o City staff to review LOS research in the technical memorandum prepared in Task 1 and provide feedback on what LOS standards they would like to use. o AHBL to update facilities narratives based on Facilities Inventory prepared by City staff in Task 1. Appendix C o AHBL to update based on Facilities Inventory prepared by City staff in Task 1 and discussion with City staff and Parks Commission regarding constraints and potential/opportunities for City parks, trails and open spaces. Task C.3 Assumption • City staff will be responsible for providing demographic information to AHBL. o All charts will be provided in Microsoft Excel so as to allow AHBL the underlying data for reproducing charts using Adobe Illustrator during Task 4.A. ■ City staff will assist AHBL with updates to Tables 7.1 and 7.2 based on discussion with the Parks Commission, projects that have been completed since the adoption of the 2019 PROS Plan, or other projects not contemplated during the last planning cycle; • City staff will be available by phone or email as questions arise during the PROS Plan update; • City staff will be responsible for reviewing the draft plan provided by AHBL and making comments or changes using the track changes function in Microsoft Word. Task C.3 Deliverables PROFESSIONAL SERVICES AGREEMENT - 15 - Rev. 4/2023 CITY Of CITY HALL 4 33325Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com • Draft plan in Microsoft Word format to allow City staff to make comments or changes using the track changes function. Task C.3 Meetings • AHBL will meet with City staff and Parks Commission up to six times to receive feedback on draft, plan chapters. Task C.4 — Prepare Final PROS Plan and Comprehensive Plan Chapter Inserts 1. Layout and Graphics Production AHBL will develop infographics and prepare final tables and charts for inclusion in the final draft plan. For the purpose of this scope, some of these graphics under this item will be prepared concurrent with Task 3 so that City Parks staff can review and approve them. 2. Final PROS Plan AHBL will incorporate changes/feedback received on the draft plan during Task 3 and prepare the final plan document. Prior to Task 4, AHBL will incorporate changes to the PROS Plan using Microsoft Word to allow for easy commenting and editing by the City and consultant. The final Draft PROS Plan will be laid out using Adobe InDesign complete with pictures, graphics, and tables. AHBL will deliver the final plan to City staff in multiple formats, including an Adobe PDF file, as well as one additional online format suitable for reading on a mobile device. The same template from the 2019 PROS Plan will be used for the 2024-2044 PROS Plan. 3. Condensed/Summga Version of PROS Plan for Comprehensive Plan Cha ter Provide a summary version of the PROS plan that can form the foundation of the new Comprehensive Plan Parks & Recreation chapter. AHBL will work with City staff on how this summary version may be customized with content that is required for the Comprehensive Plan but not the PROS plan, such as: • Description of consistency with other Comprehensive Plan chapters; • Summary overview of existing conditions and needs; • 10-year parks and recreation demand estimates; and • Description of intergovernmental coordination and outside partnerships to help meet parks and recreation demand. Task CA Assumptions • City staff will provide all feedback on the PROS Plan update during the draft plan stage. Any changes requested after the final plan has been laid out will be focused as to the exact page and location of the text change. • The 2024-2044 PROS Plan will utilize the 2019 InDesign document template. Task CA Deliverables • Charts, tables and infographics for inclusion in the final draft PROS Plan; • Final draft Parks, Recreation and Open Space Plan; and PROFESSIONAL SERVICES AGREEMENT - 16 - Rev. 4/2023 4S CITY OF ,�� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffedeia/way com • Electronic files of final adopted PROS Plan — in Adobe PDF file, and one additional online format suitable for reading on a mobile device. Task C.5 — Plan Approval and Adoption AHBL will provide technical support to the City Council during final deliberations and approval of the updated Parks, Recreation & Open Space Plan, adoption of the Parks and Recreation Comprehensive Plan Chapter, and related ordinances. AHBL shall attend two Parks Commission meetings for the purposes of presenting the final draft PROS Plan and two City Council / Council Committee meetings and hearings (as determined by the City) as a part of the plan approval and adoption process. Joint meetings with the Planning Commission and Parks Commission may be desired. If so, the portion of the scope that includes participation in Parks Commission meetings may be read to include joint meetings with the Planning Commission. Task C_5 Assumptions • City staff will be responsible for printing, publication, and distribution of the final document. Task C.5 Deliverables • Meeting materials for Parks Commission and City Council meetings/hearings. Task C.5 Meetings • Preparation for and attendance at two Parks Commission public meetings; and • Preparation for and attendance at two City Council Committee or full City Council meetings or hearings. PROFESSIONAL SERVICES AGREEMENT - 17 - Rev. 4/2023 CITY OF CITY HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT B COMPENSATION I. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Two Hundred Sixty -Six Thousand Three Hundred Seventy -Six and NO/100 Dollars ($266,376.00). 2. Method of Compensation: Reimbursable expenses such as mileage and reprographics. Work will be billed on a time and expense basis. A. Brooklake Park Master Plan Budget and Fee a ar aj v � a H o ¢ d ¢ TOTAL $240 $160 $120 $105 Brooklake Park Master Plan 1. Research and Base Map 2 12 40 8 $7,400 2. Visioning and Master Planning 16 40 136 0 $23,360 3. Project Coordination 24 32 36 0 $11,520 4. Public Engagement & Public Hearing 18 36 72 36 $15,000 TOTAL (hours) 60 120 284 44 TOTAL (fee) $72,300 REIMBURSABLE EXPENSES $500 GRAND TOTAL $72,800 B. Steel Lake Park Master Plan Budget and Fee Ul " U 4 In F" d d d TOTAL $240 $160 $120 1 $105 Steel Lake Park Master Plan 1. Research and Base Map 2 12 40 8 $8,040 2. Visioning and Master Planning 16 48 192 0 $34,560 3. Project Coordination 18 18 36 0 $11,520 4. Public Engagement & Public Hearing 18 36 72 36 $22,500 TOTAL (hours) 54 114 1 340 44 TOTAL (fee) $76,620 REIMBURSABLE EXPENSES $500 GRAND TOTAL $77,120 PROFESSIONAL SERVICES AGREEMENT - 18 - Rev. 4/2023 CITY of �S Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoKederalway. com C. 2024 Parks, Recreation & Open Space (PROS) Plan Update and Comprehensive Plan Parks & Recreation Chapter Budget and Fee Task CA - Project Kickoff, Data Collection and Analysis s; z U o H TOTAL $240 $160 $120 $105 1. Project Kickoff Meeting/Work Session 4 4 4 0 $2,080 2. Facilities Inventory 2 2 4 8 $2,120 3. Data Collection & Existing Conditions Analysis 2 2 8 12 $3,020 Task CA: SUBTOTAL (hours) 8 8 16 20 Task CA: SUBTOTAL (fee) $7,220 Task C.2 - Public Engagement 1. Public Open Houses (2) 8 16 28 24 $10,360 2. Stakeholder Meetings (3) 6 6 24 0 $5,280 3. Survey 6 6 20 0 24 $4,800 Task C.2: SUBTOTAL (hours) 20 28 72 Task C.2: SUBTOTAL (fee) $20,440 Task C.3 - Prepare Draft PROS Plan 1. Chapter 1: Introduction 1 2 4 8 $1,880 2. Chapter 2: Community Profile 1 2 4 12 $2,300 3. Chapter 3: Existing Park and Open Space System 1 2 4 8 $1,880 4. Chapter 4: Recreation and Cultural Arts Programs 2 4 4 32 $4,960 5. Chapter 5: Needs Assessment and Recommendations 2 4 4 32 $4,960 6. Chapter 6: Goals and Policies 1 4 4 16 $3,040 7. Chapter 7: Implementation 1 4 4 20 $3,460 8. Appendix A 2 4 0 24 $3,640 9. Appendix B 1 2 0 8 $1,400 10. Appendix C 1 2 0 8 $1,400 Task C.3: SUBTOTAL (hours) 13 30 28 168 Task C.3: SUBTOTAL (fee) $28,920 Task CA - Prepare Final PROS Plan and Comprehensive Plan Chapter Inserts 1. Layout and Graphics Production 2 8 16 32 $7,040 2. Final PROS Plan 0 24 48 24 $12,120 3. Condensed/Summary Version of PROS Plan for Comprehensive Plan Chapter 4 12 0 24 $5,400 Task CA: SUBTOTAL (hours) 6 44 64 80 Task CA: SUBTOTAL (fee) $24,560 PROFESSIONAL SERVICES AGREEMENT - 19 - Rev. 4/2023 CITY OF vowm, Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvey can ° 0. as Q) U � Cd d TOTAL $240 $160 $120 $105 Task C.5 - Plan Approval and Adoption 1. Parks Commission Public Meetings (2) 4 4 0 0 $1,600 2. Materials for the Parks Commission Meetings 1 4 20 0 $3,280 3. Planning Commission (2) 2 2 0 0 $800 4. Materials for the Planning Commission Meetings 1 2 4 0 $1,040 5. City Council Meetings (2) 4 4 0 0 1 $1,600 6. Materials for the City Council Meetings 0 2 8 0 $1,280 Task C.5: SUBTOTAL (hours) 12 18 32 0 Task C.5: SUBTOTAL (fec) 0 $9,600 SUBTOTAL 481 97 1 1491 22 $90,740 REIMBURSABLE EXPENSES $1,500 GRAND TOTAL $92,240 Exclusions The services do not include fees associated with agency reviews, submittals, or permits, or work associated with the following services: a) Professional services of subconsultants, e.g., geotechnical and traffic engineers, or wetlands, wildlife, and other specialists. b) Preparation, submittal, or securing of development permits, including SEPA environmental review. c) Costs associated with the publication of legal notices for meetings and open houses in the newspaper. d) Costs associated with the preparation and installation of public notice signs associated with public engagement. e) Costs associated with substantial redesign after preparation of design development drawings. f) Dividing Contractor's work into more than one phase. PROFESSIONAL SERVICES AGREEMENT - 20 - Rev. 4/2023 a STATE OF WASHINGTON Profit Corporation BUSINESS LICENSE AHBL, INC. 2215 N 30TH ST STE 300 TACOMA WA 98403-3350 NEWCASTLE GENERAL BUSINESS - NON-RESIDENT #1803 - ACTIVE Issue Date: Apr 07, 2023 Unified Business ID #: 600130359 Business ID #: 001 Location: 0001 OLYMPIA GENERAL BUSINESS - NON-RESIDENT #19630 - ACTIVE PORT ORCHARD GENERAL BUSINESS - NON-RESIDENT - ACTIVE PORT TOWNSEND GENERAL BUSINESS - NON-RESIDENT - ACTIVE POULSBO GENERAL BUSINESS - NON-RESIDENT - ACTIVE SEDRO WOOLLEY GENERAL BUSINESS - NON-RESIDENT #222286 - ACTIVE ' SPOKANE VALLEY GENERAL BUSINESS - NON-RESIDENT - ACTIVE SUMNER GENERAL BUSINESS - NON-RESIDENT #BUS2002-1276 - ACTIVE TUMWATER GENERAL BUSINESS - NON-RESIDENT #R-011385 - ACTIVE UNIVERSITY PLACE GENERAL BUSINESS - NON-RESIDENT - ACTIVE ORTING GENERAL BUSINESS - NON-RESIDENT - ACTIVE BLACK DIAMOND GENERAL BUSINESS - NON-RESIDENT #BUS11-0033 - ACTIVE T6LK-VWLA-GENERAL-,BUSINESS - N©N-RESIDENT - ACTIVE SEATAC GENERAL BUSINESS - NON-RESIDENT - ACTIVE WEST RICHLAND GENERAL BUSINESS - NON-RESIDENT - ACTIVE TOPPENISH GENERAL BUSINESS - NON-RESIDENT - ACTIVE GRANDVIEW GENERAL BUSINESS - NON-RESIDENT #87904 - ACTIVE FEDERAL WAY GENERAL BUSINESS - NON-RESIDENT #05-106495-00-BL - ACTIVE I WENATCHEE GENERAL BUSINESS - NON-RESIDENT #140160 - ACTIVE YAKIMA GENERAL BUSINESS - NON-RESIDENT #BL078806 - ACTIVE BURIEN GENERAL BUSINESS - NON-RESIDENT #02288 - ACTIVE OCEAN SHORES GENERAL BUSINESS - NON-RESIDENT #23513 - ACTIVE MABTON GENERAL BUSINESS - NON-RESIDENT - ACTIVE " WESTPORT GENERAL BUSINESS - NON-RESIDENT #240 - ACTIVE ABERDEEN GENERAL BUSINESS - NON-RESIDENT #215136 - ACTIVE BREMERTON GENERAL BUSINESS - NON-RESIDENT #29110 - ACTIVE Expires: Apr 30, 2024 This document lists the registrations, endorsements, and licenses authorized for the business named above. By accepting this document, the licensee certifies the Information on the application was complete, true, and accurate to the best of his or her knowledge, and that business will be conducted in compliance with all applicable Washington state, county, and city regulations. Director, Department of Revenue STATE OF WASHINGTON Uel: 600130359 0010001 AHBL, INC. UNEMPLOYMENT INSURANCE - 2215 N 30TH ST STE 300 _ ACTIVE TACOMA WA 98403-3350 INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE RICHLAND PROFESSIONS BUSINESS #A08 - ACTIVE FIFE GENERAL BUSINESS - NON-RESIDENT -ACTIVE PUYALLUP GENERAL BUSINESS - NON-RESIDENT -ACTIVE LAKEWOOD GENERAL BUSINESS - NOWRESIDENT -ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS #42847 - ACTIVE SHELTON GENERAL BUSINESS - NON-RESIDENT #0061270 - ACTIVE BELLINGHAM GENERAL BUSINESS 3aL0002 Expires: Apr 30, 2024 DETACH THIS SECTION FOR YOUR WALLET Director, Department of Revenue 5/2/23, 12:29 PM Corporations and Charities System BUSINESS INFORMATION Business Name: AHBL, INC. UBI Number: 600 130 359 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 2215 N 30TH ST STE 300, TACOMA, WA, 98403-3350, UNITED STATES Principal Office Mailing Address: 2215 N 30TH ST STE 300, TACOMA, WA, 98403-3350, UNITED STATES Expiration Date: 04/30/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 04/24/1974 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: TIMOTHY E HANSEN PE Street Address: 2215 N 30TH ST STE 300, TACOMA, WA, 98403-3350, UNITED STATES Mailing Address: GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name DAVID FOLLANSBEE TODD SAWIN JOHN BECKER JOHN WEBER WAYNE CARLSON DOUGLAS TAPP TIM HANSEN https://cefs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/2 5/2/23, 12:29 PM Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL KENNETH LELAND GOVERNOR INDIVIDUAL ANDREW MCEACHERN GOVERNOR INDIVIDUAL WILLIAM FIERST GOVERNOR INDIVIDUAL ERICK FITZPATRICK GOVERNOR INDIVIDUAL DAVID NASON https:Hccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 2/2 CERTIFICATE I, the undersigned Secretary of AHBL, Inc., a Washington corporation, do hereby certify that the document to which this is attached is a true, full and correct copy of a resolution adopted by the Board of Directors of the corporation on the date stated as it appears in the records of the corporation in my office, and that the persons named therein are the persons thereby authorized to adopt said resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2019. Timothy E. Hansen, PE Secretary P:\Department\Principals\Corporate info - AHBL Inc\Bylaws\Signing Authority_2019Q220.doc AHBL, INC. CONSENT IN LIEU OF DIRECTORS' MEETING Pursuant to the provisions of RCW 23B.08.210, and in lieu of a meeting of the directors of the corporation, the undersigned, being all of the members of the Board of Directors of the corporation, do hereby consent to the following action and by this writing do approve, adopt and ratify the following resolution as the unanimous action of the Board of Directors: IT IS HEREBY RESOLVED that the following named individuals are authorized to sign all contracts of every nature and description whereby the corporation shall provide engineering and/or landscape architectural and/or surveying and/or planning services for clients or prospective clients of the firm: 1. Doreen S. Gavin, PE, LEED BD +C 2. Daniel L. Booth, PE, SE 3. John W. Becker IV, PLS 4. J. Matthew Weber, PE 5. Douglas G. Tapp, PE 6. Todd C. Sawin, PE, DBIA 7. David Follansbee, PLS 8. Wayne Carlson, FAICP, LEED AP 9. Kenneth Leland, PE/SE 10. Andrew McEachern, PE/SE 11. Timothy E. Hansen, PE, LEED BD +C, MBA 12. Lisa Klein, AICP 13. David Nason, PE 14. William Fierst, PE 15. Erick Fitzpatrick, PE 16. Craig Skipton, PLA 17. Craig Andersen, PLA President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President COO/Secretary/Treasurer Associate Principal Associate Principal Associate Principal Associate Principal Director of Landscape Architecture Director of Landscape Architecture Accordingly, each of the foregoing are authorized, empowered and directed to sign all documents and do all acts necessary or reasonably appropriate to enter into such contracts. IT IS FURTHER RESOLVED that these resolutions supersede and replace in their entirety all prior shareholder resolutions, board of directors resolutions, and all provisions of the Articles of Incorporation and Bylaws of this corporation designating authorized signing authority for such contracts. P:\Department\Principals\Corporate info - AHBL Inc\Bylaws\Signing Authority_20190220.doc Adopted this 21 st day of February, 2019. DATED this 21st day of February 2019 BY THE DIRECTORS Doreen S. Gavin, PE Daniel L. Booth, PE, SE IX 00�-� Lo g:�� 1�1"'114"J'4z John Becker, PLS tthew Weber, P Douglas G. Tapp, PE Todd Sawin, PE Drew McEachern, PE, SE avid Follansbee, PLS 0't— WaY4 Carlson, FAICP kl'� � ii&U Ken Leland, PE, SE P:\Department\Principals\Corporate info - AHBL Inc\Bylaws\Signing Authority_20190220.doc / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 8/30/2023 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 AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 CONTACT NAME: Nancy Ferrick PHONE FAX A/C No Ext : 510-272-1400 A/C No), ADDRESS: nanc .ferrick@assuredpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: XL Specialty Insurance Company 37885 License#: 6003745 INSURED AHBLINC INSURER B : Travelers Property Casualty Company of America 25674 Inc. 2215 North 30th Street, Suite 300 2215 INSURERC: The Charter Oak Fire Insurance Company25615 INSURER D: The Travelers Indemnity Company of Connecticut 25682 Tacoma WA 98403 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:2007882725 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y 6808J59430A 9/11/2023 9/11/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y Y BA8P56584A 9/11/2023 9/11/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR Y Y CUP8J596642 9/11/2023 9/11/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 6808J59430A 9/11/2023 9/11/2024 PER X OTH- STATUTE ER WA Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability DPR5017465 9/11/2023 9/11/2024 $2,000,000 per Claim $4,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AHBL Project No. 2230372.30 / Federal Way PROS Plan & Master Plans. The City of Federal Way is named as Additional Insured on General Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement. General Liability is Primary/Non-Contributory and severability of interests per policy form wording. CERTIFICATE HOLDER CANCELLATION 30 Dav Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Taryn Weatherford AUTHORIZED REPRESENTATIVE 33325 8th Avenue South Federal Way, WA 98003 M� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6808J59430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 09/11/2023 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808,159430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 02 XX XX DATE OF ISSUE: 09/11/2023 Policy # 6808J59430A COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. > d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 47. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. S. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 6808J59430A COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2. Ent:lusions SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the M knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 0. Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BA8P56584A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ACa/2 I , DATE (MM/DD/YYYY) ACC_. CERTIFICATE OF LIABILITY INSURANCE 8/21/2023 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 AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 NAMME: Nancy Ferrick PHONE 510-272-1400 FAX No: 'tE aL ADOREss: nano .ferrtck assured artners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA. XL Specialty Insurance Company 37885 License#: 6003745 INSURED AHBLINC INSURER B. Travelers Property Casualty Company of America 25674 AHBL, Inc. 2215 North 30th Street, Suite 300 Tacoma WA 98403 1NsuRER c: The Charter Oak Fire Insurance Company 25615 INSURER D : The Travelers Indemnity Company of Connecticut 25682 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1698528651 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 LTR TYPE OF INSURANCE ADDL St] POLICY NUMBER POLICYEFF MM/DD/YYYY POLICY EXP MMIDDrYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y 6808J59430A 9111/2022 9/11/2023 EACH OCCURRENCE $1,000000 CLAIMS -MADE F7X OCCUR 0AIMAGE 70 RENTED PREMISES Ea occurrence S 1,000,000 MED EXP (Any oneperson) $ 10.000 PERSONAL & ADV INJURY $ 1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMP/OP AGG $ 2.000.000 POLICY [ fl JECT F1 LOC $ OTHER C AUTOMOBILE LIABILITY Y Y BA8P56584A 9/11/2022 9/11/2023 COMBIR913SINGL�17LIMIT Ea accident S1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS NON -OWNED X HIRED Ix AUTOS ONLY AUTOS ONLY PROPPE�Rd7Y0AMAGE s B X UMBRELLA LIAB X OCCUR Y Y CUPBJ596642 9/11/2022 9/11/2023 1 EACH OCCURRENCE $10,000.000 AGGREGATE $ 10,000,000 EXCESS LAB I I CLAIMS -MADE DFD I X . RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE 6808J59430A 9/11/2022 9/11/2023 ER STATUTE X EORH WA Stop Gap E.L. EACH ACCIDENT $ 1.000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory. In NH) NIA E.L DISEASE- POLICY LIMIT $ 1.000,000 If yes, describe under DESCRIPTION.OF OPERATIONS below A Professional Liability DPR5001724 9/11/2022 9/11/2023 $2,000,000 $4,000,000 per Claim Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attached if more space is required) AHBL Project No. 2230372.30 / Federal Way PROS Plan & Master Plans. The City of Federal Way is named as Additional Insured on General Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement. General Liability is PrimarylNon-Contributory and severability of interests per policy form wording. GtKIIFIGAIt HULUtK liN1V{ CLLri11v1r VU uay IIUUVc V1 Ii 1-11GLIVII City of Federal Way Attm Taryn Weatherford 33325 6th 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 o.. 7k k © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6808J59430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 09/11/2022 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6$08Je9430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 02 XX XX DATE OF ISSUE: 09/11/2022 Policy # 6808J59430A COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1 ) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. -->7. Separation Of Insureds subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named InSLired The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured) has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 6608J59430A occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale off M pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BA8P56584A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: . We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto' less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the 'loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO. CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or "loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.