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AG 23-209 - AHBL, INC.RETURN TO: PW ADMIN EXT: 2700 ID #: 4294 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIY: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Desiree" Winkler EXT: 2711 3. DATE REQ. Bv: 9�7�23 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECTNAMF:-Joint Operations and Maintenance Facility - Frontage improVmentS 5. NAME OF CONTRACTOR: AHBL, Inc. ADDRESS: 2215 N. 30th Street, #300, Tacoma. WA 98403 TELEPHONE: (253)383-2422 E-MAIL: uv>lerst hbl. m (William Fierst P.E. FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BGL�, EXP. 12/31/2_ UBI # , EXP./ / 7. TERM: COMMENCEMENT DATE: 1 1 2'I 1 Z J COMPLETION DATE: 12/31 /2024 8. TOTAL COMPENSATION: $ 145,160.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 13 YES d NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: d YES ® NO IF YES, S PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 136610-24110 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER 8 DEPUTY DIRECTOR DSW 8/29123 A DIRECTOR -'-- ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA9/11/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE:. Na COMMITTEE APPROVAL DATE: nle SCHEDULED COUNCIL DATE: Ma COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 9111123 DATE REC D: 9/18/23 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 6 LAW DEPT Ya LI Wxi 8 SIGNATORY (MAYOR OR DIRECTOR) e CITY CLERK ❑ ASSIGNED AG # AG# ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" " ORIGINALS February 2023 —cil final site selection Move forward with Final design. Design included in budget 112020 CITY OF �- Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 i via/w ci tyoffedern/way corn PROFESSIONAL SERVICES AGREEMENT FOR JOINT OPERATIONS AND MAINTENANCE FACILITY — FRONTAGE IMPROVEMENTS 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"). 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.: William Fierst, P.E. 2215 N. 30th Street, #300 Tacoma, WA 98403 (253) 383-2422 (telephone) (253) 383-2572 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Desiree S. Winkler, P.E. 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2711 (telephone) 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 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 represents 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 perfonnance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying perfonnance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may tenninate 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 tenninate 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 fixture. 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 PROFESSIONAL SERVICES AGREEMENT _ 1 - Rev. 4/2023 CITY OF CITY HALL Federai Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 t-vt ,-av cltyoffedr. ralu <�y cam by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Tenn. 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 Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been perfonned, 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; to the extent caused by the negligent acts, errors or omissions of the Contractor in perfonnance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction deterinine 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 PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 4/2023 CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw aryoffederah way Coll) any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or tenmination 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 negligent acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity, The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 4/2023 CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvv., m, cityoffedE: rahvay com 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in perfonnance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate tennination. 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 Patties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 4/2023 CITY OF A. Federal Way CITY HALL 33325 8th Avenue South Federal Way. %NA 98003-6325 (253) 835-7000 �-nin cdyolfederalwaycom representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or tennination, 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 teens 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 fill 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 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 4/2023 CITY OF �. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 i vivw crfvL)ffe derr)/Lvay corn shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the sarne 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 CRY OF t. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www otyoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: AHBL, INC.: Naive: Tim HXrftn, P.E. Title: Chief Operating Officer DATE: 09/13/2023 STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: 31-117iie Courtney, CMC, &4 Clerk APPROVED AS TO FORM: �f = Ryan Call, City Attorn.57 On this day personally appeared before me Tim Hansen , to me known to be the Chief Operating Officer of AHBL, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 13 day of September , 2023. ��'��i, Notary's signature t,GTAoV. ��''► Notary's printed name C' i mr c� Notary Public in and for ti ° State of Wa hington. �,,ary 2M Z My commission expires ~ p� 5 'OL�gL�G .r�0?► PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 4/2023 CITY OF � Federal Way EXHIBIT A SERVICES The Contractor shall provide the following services: Engineering — 2200572.13 Offsite Road and Pavement Improvements — Task 11 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 tmvwcitvofleder lwaycom Prepare base sheets for design drawings using the topographic survey and the site plan. 2. Prepare plans and calculations for erosion and sedimentation control, along with a SWPPP, as required. Additionally, assist with the preparation of the National Pollutant Discharge Elimination Systems (NPDES) permit for the Department of Ecology (DOE) and coordinate its issuance. 3. In accordance with City of Federal Way standards, prepare plan and profile drawings for pavement widening improvements, including new curb, gutter, sidewalk, and landscape strip along the entire project frontage, including 281h Avenue project frontage, South 308th Lane frontage, and the intersection of 281h Avenue South and South 312"' Street. 4. Prepare roadway frontage storm drainage flow control and water quality improvements for 28th Avenue South, South 308"' Lane, and the intersection of 28th Avenue South and 3121h Street in accordance with City of Federal Way standards. Prepare plan and profile of storm drainage system to collect drainage from streets and convey to the downstream system. Prepare plans, calculations, and exhibits for a drainage plan. This scope of work includes the system design to meet the requirements of the 2021 King County Sitrface Water Design Manual, along with City of Federal Way amendments. This portion of the scope of work includes the following: a. Conveyance System — Runoff from landscape, and hardscape areas will be collected by catch basins, conveyed to the flow control systems, and subsequently routed to flow control, treatment, and the natural discharge location. b. Flow Control System (Detention/Infiltration) — This scope of work includes the design to provide stormwater flow control for the proposed site improvements. C. Stormwater Treatment System — Treatment of stonnwater from areas subject to vehicular traffic is required for the project site. This scope of work includes the design, analysis, and details to collect runoff from pollution -generating areas and provide treatment through bioretention, wetpond/wetvault, or other systems, as required by the drainage code. d. Stormwater Low Impact Development (LID) Systems — Treatment of stormwater from non -pollution generating areas. This scope of work includes the design, analysis, and details to collect runoff from non -pollution generating areas and provide treatment through bioretention, wetpond/wetvault, or other systems, as required by the drainage code. e. Drainage Report — The TIR will include supporting calculations and exhibits for the storm system design. The calculations and analysis for drainage improvements associated with the frontage improvements will be included within the onsite TIR. f. Offsite Analysis — Prepare a qualitative offsite stormwater analysis to review complaints and substantiate the adequacy of the existing stone system downstream from the site. This scope does PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 CITY OF �. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com not include additional topographic surveying for study or design of downstream storm improvements. 5. Prepare new ADA ramp design at intersections along the project frontage. Design of a total of nine new ADA ramps is anticipated to be required. Three new commercial driveway approaches will be constricted. 6. Prepare a WSDOT format constriction cost estimate for the civil -related improvements at 60% CD, 90% CD, and 100% CD phases. 7. Prepare WSDOT format specifications. 8. Submit progress sets for 60% CD, 90% CD, and 100% CD phases. 9. Address City review comments for the 60% CD and 90% CD submittals. 10. Support the project team with civil utility approvals (i.e., storm). 11. Meet and coordinate with design consultants, City, architect, and governing agencies. This includes bi- monthly meetings through the design process. 12. Prepare street lighting plans to be stamped by the City. The Contractor understands the City will prepare street lighting calculations, provide plan markups to AHBL, and stamp the final lighting plans for bid. AHBL will coordinate preparation of a Puget Sound Energy (PSE) street lighting application with the City. 13. Prepare a roadway cross section for South 308`I' Lane. The section will be modified through the City's Street Modification process. 14. Coordinate with utilities. Analyze and denote in plans where existing utilities need to be relocated. It is anticipated that the following utilities will need to be relocated outside of the new frontage improvements: Lakehaven fire hydrants/meters; Lumen utility poles; PSE utility poles. Meet with utilities to review utility conflicts and work through resolutions. Bidding Phase Services — Task 12 15. Assist the architect during the bidding phase. This scope includes preparation of bid addenda and attendance at a pre -bid conference. Structural Engineering — 2200572.22 Storm water Vault Design — Task 21 Structural engineering associated with an offsite underground stormwater detention vault. The civil design currently assumes a single underground vault (roughly 20-foot by 127-foot). Contractor will work with the civil engineer and project team to determine if we have an opportunity to value engineer the vault. This scope does not include the design of the two other detention vaults located on the project site. Z Deliverables will include stamped structural calculations, as well as CAD drawings of the proposed vault. Prepare structural specifications for the proposed vault structural elements. PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 4/2023 CITY OF �. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 t via w atyoffederili v�iy corn 4. Respond to agency review comments related to the structural system and revise the plans as required by the governing jurisdiction. This task includes internal meetings to review agency comments. Bidding Phase Services — Task 22 Assist the City during the bidding process. This scope involves breaking the structural drawings into multiple bid packages, as required. Landscape Architecture — 2200572.41 Overarching project assumptions and understanding of scope: • The scope is limited to the City -required right-of-way improvements, as follows: o Planting soils design and documentation. 0 Planting design and documentation at code -required areas along the site frontage. Existing trees within the right-of-way will be removed, and new half -street improvements, including a standard landscape strip, will be provided. o Irrigation design and documentation in newly planted areas. The irrigation system will be connected to the onsite irrigation system. • Submittals to be included: 0 60% CD, 90% CD, and 100% CD. 0 Bidding responses and addenda. Coordinate with the lighting designer or electrical engineer, if needed, on lighting design and layout for their documentation. ■ Documentation of horizontal control, grading, drainage, curbs, gutters, and vehicular paving will be done by the civil engineer. Coordinate with the civil engineer for the irrigation point of connection and layout for their documentation, which may or may not include an irrigation meter. Irrigation design will start after the irrigation point of connection. Offsite Landscape Design Services — Task 41 Research public works to determine specific requirements for right-of-way planting and irrigation requirements and standard details. 1. Coordinate with project team members and City regarding planting and irrigation preferences for the project. 2. Prepare WSDOT format technical specifications for landscape architectural items (planting soil, plants, site furnishings, and irrigation). 3. 60% deliverables will include: 0 Schematic Planting Plan. o Schematic Irrigation Plan. o Street Tree options for City review and selection. o WSDOT format construction cost estimate. PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 4/2023 44%CITY OF , Federal Way 4. 90% CD deliverables will include: o Planting Plan. o Irrigation Plan. o WSDOT format construction cost estimate. 5. 100% CD deliverables will include: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 t v viv cdyoffederalway com o Offsite Planting Plan(s). o Planting Details. o Irrigation Details. o WSDOT format Technical Specifications for all related elements. 6. Revise plans to address City of Federal Way Public Works review comments related to the planting and irrigation design. If the City requests changes that contradict their design standards or infonnation previously provided to the Contractor, this may result in a change of scope and fee. o This task includes up to two rounds of revisions to address City -related comments. T Attend online project meetings/conference calls. Meet and coordinate with design consultants, City, and governing agencies. This task allows for up to six coordination meetings during the design phase. Bidding Phase Services — Task 42 Assist the City with answering bidders' questions for clarification. I. Assist in the preparation of one bid addendum. Land Surveying — 2200572.51 Prepare right-of-way dedication with exhibit map for International Boulevard. Prepare legal description, fill out recording documents, and send to client for signature and recording. Exclusions This proposal does not include fees associated with agency reviews, submittals, or permits, nor does it include any work associated with the following services: a) Professional services of other consultants, e.g., geotechnical and traffic engineers, land use planners, or wetlands, wildlife, and other specialists, if required by the review agency. b) Earthwork calculations performed by a third -party consultant. c) Expanded environmental checklist, environmental impact statement, or conditional use permit. d) Construction Phase Services and Project Closeout Services are excluded from our scope of work at this time. We can provide these services for an additional fee, if desired. e) Site furnishings. f) Roundabout, traffic signal, or other intersection improvements. g) Costs associated with substantial redesign after preparation of 60% CD drawings. h) Offsite utility improvements beyond those noted in the scope of work. PROFESSIONAL SERVICES AGREEMENT - 1 I - Rev. 4/2023 CITY OF Ak Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvw cityoffederahvay com i) Design for mid -block crossings or crossings at South 3091h Street, South 310th Street, or South 311`h Street. Contractor shall provide design services only and shall not be the construction managers. PROFESSIONAL SERVICES AGREEMENT - 12 - Rev. 4/2023 Y OF �Fieral Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 t ,%vcityoffederalwayc:orn 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred Forty -Five Thousand One Hundred Sixty and 00/100 Dollars ($145,160.00). Billing Summary Items Description Civil Engineering — 2200572.13 Items 1-14 Offsite Road and Pavement Improvements Item 15 Bidding Phase Services Subtotal Structural Engineering — 2200572.22 Items 1-4 Stormwater Vault Design Items 5 Bidding Phase Services Subtotal Landscape Architecture — 2200572.41 Items 1-8 Offsite Landscape Design Services Item 9 Bidding Phase Services Subtotal Land Surveying — 2200572.51 Item 1 Right -of -Way Dedication Legal Description GRAND TOTAL Note: Reimbursable expenses are included in our, fee. 2. Method of Compensation: Hourly rate Task No. Amount T-11 $101,080 T-12 1,820 $102,900 T-21 $12,170 T-22 795 $12,965 T-41 $24,235 T-42 3,625 $27,860 $1,435 $145,160 In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate per Task for the Contractor's personnel as shown in attached Exhibit B-1. PROFESSIONAL SERVICES AGREEMENT - 13 - Rev. 4/2023 Exhibit B-1 lowwo City of Federal Way Operations & Maintenance Facility — Frontage Improvements CIVIL ENGINEERING SCOPE AND FEE DEVELOPMENT Project No. 2200572.13/.22/.41/.51 REVISED: August 29, 2023 HOURS PROJECT ENGINEER SRENG ITEM # SCOPE DESCRIPTION PRINCIPAL MANAGER 4 TECH TECH EDITOR Offsite Road and Pavement Improvements - Task 11 1 Prepare base sheets for design drawings using topographic survey and site plan, 1 12 8 2 Prepare plans/calculations for ESC and prepare SWPPP. Assist with preparation of 1 4 24 12 NPDES and coordinate issuance. 3 Prepare plan/profile drawings for pavement widening improvements, including 4 12 68 24 new curb, gutter, sidewalk, and landscape strip along entire project frontage. 4 Prepare roadway frontage storm drainage flow control and water quality 2 6 36 8 12 improvements. Prepare plan/profile of storm drainage system to collect drainage from streets and convey to downstream system. Prepare plans, calculations, and exhibits for drainage plan. 5 Prepare new ADA ramp design at intersections along project frontage. (Anticipate 2 6 44 8 design of nine new ADA ramps.) Three new commercial driveway approaches will be constructed. 6 Prepare WSDOT format construction cost estimate for civil -related improvements 2 4 26 8 at 60% CD, 90% CD, and 100% CD phases. 7 Prepare WSDOT format specifications. 4 12 48 20 8 Submit progress sets for 60% CD, 90% CD, and 100% CD phases. 2 8 4 2 9 Address City review comments for the 60% CD and 90% CD submittals. 2 8 24 12 4 10 Support project team with civil utility approvals. 1 4 2 11 Meet/coordinate with design consultants, owner, architect, governing agencies. 16 32 16 Includes bi-monthly meetings through design process. 12 Prepare of street lighting plans to be stamped by the City. Coordinate preparation 2 4 18 18 of PSE street lighting application with the City. 13 Prepare roadway cross section for South 308th Lane. Section will be modified 1 8 16 8 through the City's Street Modification process. 14 Utility coordination. Analyze and denote in plans where existing utilities need to 2 8 20 8 be relocated. HOUR TOTALS 38 108 364 118 40 BILLING RATE $240 $180 $145 $130 $110 AMOUNT $9,120 $19,440 $52,780 $15,340 $4,400 SUBTOTAL $101,080 Bidding Phase Services - Task 12 14 Assist architect during bidding phase. Includes preparation of bid addenda and 1 2.5 6 2 attendance at a pre -bid conference. HOUR TOTALS 1 2.5 6 2 0 BILLING RATE $240 $180 $145 $130 $110 AMOUNT $240 $450 $870 $260 $0 SUBTOTAL $1,820 CIVIL ENGINEERING TOTAL $102,900 K:\ADMIN5\^Files in Review\4294 - PSA - O&M Facility - Frontage Improvements\20230829 Fee Breakdown (REV) 2200572,13.2441,51 City of Federal Way Operations & Maintenance Facility — Frontage Improvements STRUCTURAL ENGINEERING SCOPE AND FEE DEVELOPMENT Project No. 2200572.13/.22/.41/.51 REVISED: August 29, 2023 HOURS PROJECT ENGINEER ENG ITEM # SCOPE DESCRIPTION PRINCIPAL MANAGER 4 TECH 2 Stormwater Vault Design - Task 21 1 Structural engineering associated with offsite underground stormwater 2 4 34 detention vault. Civil design assumes a single underground vault. Scope does not include design of the two other detention vaults located onsite. 2 Develop CAD drawings of the proposed vault. 2 3 Prepare structural specifications for the proposed vault. 4 4 Respond to agency review comments related to structural system and revise 1 4 plans as required by governing jurisdiction. Task includes internal meetings to review agency comments. 40 2 TECH EDITOR HOUR TOTALS 2 5 44 42 0 BILLING RATE $240 $180 $145 $105 $110 AMOUNT $480 $900 $6,380 $4,410 $0 SUBTOTAL $12,170 Bidding Phase Services - Task 22 5 Assist owner during bidding process. HOUR TOTALS BILLING RATE AMOUNT SUBTOTAL STRUCTURAL ENGINEERING TOTAL 2 3 0 2 3 0 0 $240 $180 $145 $105 $110 $0 $360 $435 $0 $0 $795 $12,965 K:\ADMINS\"Files in Review\4294- PSA - O&M Facility - Frontage Improvements\20230829 Fee Breakdown (REV) 2200572-13.22.41,51 immofs City of Federal Way Operations & Maintenance Facility — Frontage Improvements LANDSCAPE ARCHITECTURE SCOPE AND FEE DEVELOPMENT Project No. 2200572.13/.22/.41/.51 REVISED: August 29, 2023 HOURS DIRECTOR LA LA LA SR LA TECH ITEM N CO. E DESCRIPT ON OF LA SR LA ARCH ARCH 1 DESIGN 3 DESIGN 1 TECH EDITOR Offsite Landscape Design Services - Task 41 1 Research public works to determine specific requirements for right-of-way 2 4 planting and irrigation requirements and standard details. 2 Coordinate with project team members and owner's planting and irrigation 1 1 1 preferences for project. 3 Prepare WSDOT format technical specifications for landscape architectural items (planting soil, plants, site furnishings, and irrigation). (Hours included in Items 4, 5, and 6 below.) 4 60% Deliverables: Schematic Planting Plan, Schematic Irrigation Plan, Street Tree 2 4 14 24 6 2 options for owner review/selection, WSDOT format construction cost estimate. S 90% CD Deliverables: Planting Plan, Irrigation Plan, WSDOT format construction 2 4 8 25 12 2 cost estimate. 6 100% CD Deliverables: Offsite Planting Plan(s), Planting Details, 3 4 14 21 11 2 Irrigation Details, WSDOT format Technical Specifications for all related elements. 7 Revise plans to address agency review comments related to planting/irrigation 2 2 4 8 4 design. Includes up to two rounds of revisions to address agency -related comments. 8 Attend online project meetings/conference calls. Meet/coordinate with design 1 3 9 2 2 consultants, owner, architect, and governing agencies. Allows for up to six coordination meetings during design phase. HOUR TOTALS 10 18 52 0 85 35 6 BILLING RATE $175 $150 $125 $115 $95 $130 $110 AMOUNT $1,750 $2,700 $6,500 $0 $8,075 $4,550 $660 SUBTOTAL $24,235 Bidding Phase Services -Task 42 9 Assist owner/architect with answering bidders' questions for clarification. Assist 2 4 8 0 11 4 1 with preparation of one bid addendum. HOUR TOTALS 2 4 8 0 11 4 1 BILLING RATE $175 $150 $125 $115 $95 $130 $110 AMOUNT $350 $600 $1,000 $0 $1,045 $520 $110 SUBTOTAL $3,625 LANDSCAPE ARCHITECTURE TOTAL $27,860 K:\ADMI NS\^Files in Review\4294-PSA-O&M Facility -Frontage Improve men ts\20230829 Fee Breakdown (REV) 2200572-13,22.4151 City of Federal Way Operations & Maintenance Facility — Frontage Improvements LAND SURVEYING SCOPE AND FEE DEVELOPMENT Project No. 2200572.13/.22/.41/.51 REVISED: August 29, 2023 HOURS PROJECT SURVEY SURVEY ITEM # SCOPE DESCRIPTION PRINCIPAL MANAGER TECH 3 CREW Right -of -Way Dedication Legal Description 1 Right -of -Way Dedication Legal Description 0.5 3.5 6 TECH EDITOR HOUR TOTALS 0.5 3.5 6 0 0 BILLING RATE $240 $170 $120 $200 $110 AMOUNT $120 $595 $720 $0 $0 LAND SURVEYING TOTAL $1,435 K:\ADMINS\"Files in Review\4294- PSA - O&M Facility - Frontage Improvements\20230829 Fee Breakdown (REV) 2200572.13.22.41.51 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 Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name KENNETH LELAND ANDREW MCEACHERN WILLIAM FIERST ERICK FITZPATRICK DAVID NASON 8/30/23, 11:40 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: AHBL, INC. Business AHBL, INC. name: Entity type: Profit Corporation UBI #: 600-130-359 Business ID: 001 Location ID: 0001 Location: Active Location address: 2215 N 30TH ST STE 300 TACOMA WA 98403-3350 Mailing address: 2215 N 30TH ST STE 300 TACOMA WA 98403-3350 Excise tax and reseller permit status: Click here Secretary of State status: Endorsements Click here Page 2 of 4 Filter %JF New search Back to results https://secure.dor.wa.gov/gteunauth/_/#6 1 /5 8/30/23, 11:40 AM Washington State Department of Revenue Endorsements held i License # Count Dets Status Expiration date First issuance date Edgewood General Active Apr-30-2024 Jun-11-2012 Business - Non - Resident Federal Way 05-10649 Active Apr-30-2024 Dec-30-2005 General Business - Non -Resident Fife General Active Apr-30-2024 Nov-12-2013 Business - Non - Resident Gig Harbor Active Apr=30-2024 Jun-07-2012 General Business - Non -Resident Grandview General 87904 Active Apr-30-2024 Feb-08-2019 Business - Non - Resident Issaquah General BUS06-OC Active Apr-30-2024 Sep-09-2006 Business - Non - Resident Kirkland General Active Apr-30-2024 Mar-13-2020 Business - Non - Resident Lacey General 20990 Active Apr-30-2024 Feb-10-2012 Business - Non - Resident Lakewood General Active Apr-30-2024 May-27-2020 Business - Non - Resident Leavenworth Active Apr-30-2024 Jul-15-2021 General Business - v https://secure.dor.wa.gov/gteunauth/_/#6 2/5 CERTIFICATE OF LIABILITY INSURANCE [__DATE (MMIDDNYYY) 6/21120z1/za23 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 ON iAGI NAME: Nancy Ferrick Assured Partners Design Professionals Insurance Services, LLC PHMF a1a272-1400 j�uer: 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 111 nancy.ferrlck0assure ipartnera.com INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: XL Specialty Insurance Company 37885 L,Cerrellf- 601137a INSURED A.rIeLINC INSURER B :Travelers Property Casualty Company of America 25674 AHBL, Inc. 2215 North 30th Street, Suite 300 _ 14SUREFtc: The Charter Oak Fire Insurance Company i5S15 - - - INSuRER o _The Travelers Indemn Ity CCorriRany of ConnecUcg1. 25682 Tacoma WA 98403 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER. 160528651 REVISION NUMBER; THIS M 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. IN SR, TYPE OF INSURANCE UBRI PQLIC EFF I POLIFCYEXP POLICY NUMBER MMIDO/YYYY MM/DD LIMITS D 1 X I COMMERCIAL GENERAL LIABILITY Y ' 6808J59430A 9/11/2022 9/11/2023 EAC;-i[}P,Ct1rZR64'[CE s"Ma 00D P u4LSES LEa ff&iT6,%51,000,004 CLAIMS -MADE l� OCCUR MED EXP l ore person] $10,000 PEAs1_*A:. d, AOV IN.t13RY 1 3 1 000,0.0.0 GENERAL AGGR EGATE a 2,cts3.060 3EN'L AGGREGATE LIMIT APPLIES PER- ' FRADUCTS-yC7MA87P AG^..-3 2.000,GO"v POLICY i!� EC LOC C AUTOMOBILE LIABILITY I Y BABP56584A 9/11/2022 9/11/2023 S 1 000,000 an IRFI X I ANY AUTO BODILY ,NJURY (Per person) 1 S OWNED 3CHEDULFD AUTOS ONLY AUTOS 90D'LV INJURY (Per accident) S PRIJPERTY DA HIRED VON-CWNEC X AUTOS ONLY I X AUTOS ONLY S (Pal ") • S a X X UMBRELLA OCCUR _ Y CUPBJ596642 9/11/2022 9/11/2023 EACHa0C.iRRENrE 510.We, 000 --AB _ _ EXCESS LIAB I CLAIMS -MADE AGGREGATE S 10,000.000 7ED X RETctiTIGPI $ D WORKERS COMPENSATION f 680BJ59430A 9/11/2022 9/11/2023 5 Ti1TE IxH WA Stop Gap AND EMPLOYERS' LIABILITY YIN $1,009,000 ANYPRopRIETORmARTNERfEXEcutl%lt ❑ OFFICERIMEMBEREXCLL' DE4T N I A� E L EACH ACCIDCNT (Marldwitory In NH) E-L. DISEASE - EAEMPLOYErj.a 1,40o,"Q 47as , +Jridsr IPT1014OFOPERATIONSAeIrne E...015EASE-PQLICYLJRirT 51.000,000 A Professional Liability I DPR5001724 I 1 9/11/2022 1 9/11/2023 1 S2,0e0,000 S4 000.000 1 i I per Claim Annual .Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may bo attached if more space is required) AHBL Project No. 2230372.30 / Federal Way PROS Plan & Master Plans. The City of Federal Way Is named as Additional Insured on General Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement- General Liability is Primary/Non-Contributory and sem.ahility of interests per policy form wording. L;hK I IrK:A I t HULL7t2K 1. I City of Federal Way Ann. Taryn Weatherford 33325 Sth Avenue South Federal Way WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /�� X— , V 1921t$-ZUIO AGUKU GVKYUKAI IL) N. Au ngnis reserveu. 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: 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- 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 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: 09/11/2022 Policy # 6808J5943DA 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 wII 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: 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 (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. 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 it 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 {N Recovery Against Others To Us if Eyre 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 cur 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 nolice of the nonrenewai not less than 30 days before the expiration date, If notice is marred, 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 Q 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 #aaOW59430A 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. 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, 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: 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. BABP56584A 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 O 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 AA.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 A.4., 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