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AG 14-137RETURN TO: Je551CO, ExT: 9-1 p 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Lra%l C, 2. ORIGINATING STAFF PERSON: WxCdW \-zn% EXT: 01 y'3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PP BLIC WORKS CONTRACT ❑ �KOFESSIONAL SERVICE AGREEMENT ❑ • GOODS AND SERVICE AGREEMENT ❑ • REAL ESTATE DOCUMENT ❑ • ORDINANCE ❑ • CONTRACT AMENDMENT (AG#): ❑ • OTHER SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECTNAME: 2014 ('a'g ar" -rv-m! i caont5 6. NAME OF ADDRESS: SIGNATURE N TELEPHONE: (ZS,&)Cj e - LA)0q FAX: ClA"a) Q22 -'1211 TITLE: Pfgatden+ 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 CFW LICENSE # BL, EXP. 12/31/ UBI # Io01415"tt#'dc , EXP. 8. TERM: COMMENCEMENT DATE: tJpan tiLe . hon COMPLETION DATE: 12 $ 11.0* 9. TOTAL COMPENSATION: $ �'L x`710 . �D (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES DeNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES eNO IF YES, $ PAID BY. dCONTRACTOR ❑ CITY 9 PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW 9 PROJECT MANAGER ❑ DIVISION MANAGER DK DEPUTY DIRECTOR B DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) wLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL DATE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: Sh.A. 4 • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT 19 CH OF STAFF GNATORY (MAYOR OR DIRECTOR N;eC'ITY CLERK SIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS INITIAL/ DATE SIGNED / L � INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 8 129 h* 11/9 RETURN TO: Je551CO, ExT: 9-1 p 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Lra%l C, 2. ORIGINATING STAFF PERSON: WxCdW \-zn% EXT: 01 y'3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PP BLIC WORKS CONTRACT ❑ �KOFESSIONAL SERVICE AGREEMENT ❑ • GOODS AND SERVICE AGREEMENT ❑ • REAL ESTATE DOCUMENT ❑ • ORDINANCE ❑ • CONTRACT AMENDMENT (AG#): ❑ • OTHER SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECTNAME: 2014 ('a'g ar" -rv-m! i caont5 6. NAME OF ADDRESS: SIGNATURE N TELEPHONE: (ZS,&)Cj e - LA)0q FAX: ClA"a) Q22 -'1211 TITLE: Pfgatden+ 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 CFW LICENSE # BL, EXP. 12/31/ UBI # Io01415"tt#'dc , EXP. 8. TERM: COMMENCEMENT DATE: tJpan tiLe . hon COMPLETION DATE: 12 $ 11.0* 9. TOTAL COMPENSATION: $ �'L x`710 . �D (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES DeNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES eNO IF YES, $ PAID BY. dCONTRACTOR ❑ CITY 9 PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW 9 PROJECT MANAGER ❑ DIVISION MANAGER DK DEPUTY DIRECTOR B DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) wLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL DATE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: Sh.A. 4 • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT 19 CH OF STAFF GNATORY (MAYOR OR DIRECTOR N;eC'ITY CLERK SIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS INITIAL/ DATE SIGNED / L � INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 8 129 h* 11/9 Jessica Oldenkamp From: Sarady Long Sent: Friday, August 29, 2014 9:46 AM To: Jessica Oldenkamp Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Jessica, FYI on the count contract. - SL From: Amy Jo Pearsall Sent: Friday, August 29, 2014 8:28 AM To: Sarady Long Cc: Tonia Proctor Subject: RE: Traffic Count Consultants, Inc., BKS55024758 Sarady, Yes, that is fine. You can remove that subsection. If you need anything further, please let me know. Thanks, Amy Jo From: Sarady Long Sent: Friday, August 29, 2014 8:27 AM To: Amy Jo Pearsall Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Hi Amy Jo, The traffic count contractor is requesting professional liability insurance waiver due to no design work. It's purely counting cars at intersection using cameras. Please see email below. Would you please let me know if this is possible. I know we waived this in the past. Thanks. Sarady From: Sarady Long Sent: Thursday, August 28, 2014 5:21 PM To: Ryan Call Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Hi Ryan, Would you please check if this is possible to waive professional liability insurance. I think we have waived this in the past because due to the nature of the work (counting cars). Thanks. Sarady 1 Jessica Oldenkamp From: Sarady Long Sent: Friday, August 29, 2014 9:46 AM To: Jessica Oldenkamp Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Jessica, FYI on the count contract. - SL From: Amy Jo Pearsall Sent: Friday, August 29, 2014 8:28 AM To: Sarady Long Cc: Tonia Proctor Subject: RE: Traffic Count Consultants, Inc., BKS55024758 Sarady, Yes, that is fine. You can remove that subsection. If you need anything further, please let me know. Thanks, Amy Jo From: Sarady Long Sent: Friday, August 29, 2014 8:27 AM To: Amy Jo Pearsall Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Hi Amy Jo, The traffic count contractor is requesting professional liability insurance waiver due to no design work. It's purely counting cars at intersection using cameras. Please see email below. Would you please let me know if this is possible. I know we waived this in the past. Thanks. Sarady From: Sarady Long Sent: Thursday, August 28, 2014 5:21 PM To: Ryan Call Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Hi Ryan, Would you please check if this is possible to waive professional liability insurance. I think we have waived this in the past because due to the nature of the work (counting cars). Thanks. Sarady 1 From: truthindata @hotmai1.com [ma ilto: truth i ndataC& hotma il. corn ] On Behalf Of Jen H Sent: Thursday, August 28, 2014 5:06 PM To: Sarady Long Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Sarady, Attached is our insurance certification form naming the City of Federal Way as an additional insured. We do not carry Professional Liability Insurance as explained in section 6d of the contract. We do not carry this insurance and are not required to carry it because we provide data reports; paper reports and electronic copies. We do not construct /build or design anything. Please check with your legal department to see if we can waive this requirement for this contract. Thanks so much! Jen *LOOK! OV"DDRESSOAS CxAXGE1n* ,den amf the TC2inc Team TC2inc: Traffic Count Consultants, Inc (DBE/WBE Certified) Team(@_TC2inc.com Web Site: TC2inc.com 5450 Reflection St E Fife, WA 98424 Phone: (253) 926 -6009 Fax: (253) 922 -7211 From: markm @kuresmanins.com To: truthindata @hotmail.com; team @tc2inc.com Subject: Traffic Count Consultants, Inc., BKS55024758 Date: Thu, 28 Aug 2014 16:00:05 -0700 Cert! 2 From: truthindata @hotmai1.com [ma ilto: truth i ndataC& hotma il. corn ] On Behalf Of Jen H Sent: Thursday, August 28, 2014 5:06 PM To: Sarady Long Subject: FW: Traffic Count Consultants, Inc., BKS55024758 Sarady, Attached is our insurance certification form naming the City of Federal Way as an additional insured. We do not carry Professional Liability Insurance as explained in section 6d of the contract. We do not carry this insurance and are not required to carry it because we provide data reports; paper reports and electronic copies. We do not construct /build or design anything. Please check with your legal department to see if we can waive this requirement for this contract. Thanks so much! Jen *LOOK! OV"DDRESSOAS CxAXGE1n* ,den amf the TC2inc Team TC2inc: Traffic Count Consultants, Inc (DBE/WBE Certified) Team(@_TC2inc.com Web Site: TC2inc.com 5450 Reflection St E Fife, WA 98424 Phone: (253) 926 -6009 Fax: (253) 922 -7211 From: markm @kuresmanins.com To: truthindata @hotmail.com; team @tc2inc.com Subject: Traffic Count Consultants, Inc., BKS55024758 Date: Thu, 28 Aug 2014 16:00:05 -0700 Cert! 2 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 tvww, ct6offederahwW coo PROFESSIONAL SERVICES AGREEMENT FOR 2014 CONCURRENCY TRAFFIC COUNTS This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Traffic Count Consultants, 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: TRAFFIC COUNT CONSULTANTS, INC Jennifer Hodge 5450 Reflection St E Fife, WA 98424 (253) 926 - 6009 (telephone) (253) 922 - 7211 (facsimile) Team @TC2inc.com The Parties agree as follows: CITY OF FEDERAL WAY: Sarady Long 33325 8"' Ave. S. Federal Way, WA 98003 -6325 (253) 835 - 2743 (telephone) (253) 835 - 2709 (facsimile) Sarady.long @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 Work, but in any event no later than December 8t', 2014 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "), 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; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT . - 1 - 9/2012 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 tvww, ct6offederahwW coo PROFESSIONAL SERVICES AGREEMENT FOR 2014 CONCURRENCY TRAFFIC COUNTS This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Traffic Count Consultants, 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: TRAFFIC COUNT CONSULTANTS, INC Jennifer Hodge 5450 Reflection St E Fife, WA 98424 (253) 926 - 6009 (telephone) (253) 922 - 7211 (facsimile) Team @TC2inc.com The Parties agree as follows: CITY OF FEDERAL WAY: Sarady Long 33325 8"' Ave. S. Federal Way, WA 98003 -6325 (253) 835 - 2743 (telephone) (253) 835 - 2709 (facsimile) Sarady.long @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 Work, but in any event no later than December 8t', 2014 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "), 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; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT . - 1 - 9/2012 CITY OF CITY HALL Federal av Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityof ederalway coin 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2 - 9/2012 CITY OF CITY HALL Federal av Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityof ederalway coin 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2 - 9/2012 CITY of A* Federal Way CITY HALL 33325 8th Avenue South Federal Shay, WA 98003 -6325 (253) 835 -7000 wuw. cilyoflederalway coax 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, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the 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 as respect 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 it. 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 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 actually 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 subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure 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 which may be produced or modified by Contractor while performing the Work 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 Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - 9/2012 CITY of A* Federal Way CITY HALL 33325 8th Avenue South Federal Shay, WA 98003 -6325 (253) 835 -7000 wuw. cilyoflederalway coax 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, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the 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 as respect 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 it. 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 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 actually 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 subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure 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 which may be produced or modified by Contractor while performing the Work 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 Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - 9/2012 CITY QP CITY HALL AS Federal 33325 8th Avenue South Way Federal Way, WA 98003 -6325 (253) 835 -7000 www cityof ederatway com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work 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 work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. 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 parties; 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, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. E_ QUAL 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, 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 Part 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 PROFESSIONAL SERVICES AGREEMENT - 4 - 9/2012 CITY QP CITY HALL AS Federal 33325 8th Avenue South Way Federal Way, WA 98003 -6325 (253) 835 -7000 www cityof ederatway com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work 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 work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. 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 parties; 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, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. E_ QUAL 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, 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 Part 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 PROFESSIONAL SERVICES AGREEMENT - 4 - 9/2012 CITY OF CITY HALL ... Federal Way Federal 8th Avenue south Federal Way, WA 98003 -6325 (253) 835 -7000 w ww ci4eflederalwgy com assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 9/2012 CITY OF CITY HALL ... Federal Way Federal 8th Avenue south Federal Way, WA 98003 -6325 (253) 835 -7000 w ww ci4eflederalwgy com assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 9/2012 CITY OF CITY HALL Federal 8th Avenue , WA South Feder Way al Way, WA 98003 -6325 (253) 835 -7000 t� wmv cityotl"ederatway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY TRAFFIC COUNT CONSULTANTS, INC B e nifer H ge, Presiden DATE: MM f 4 STATE OF WASHINGTON) ) ss. COUNTY OF`?k 9_rC -Q ) ATTEST: Cheryl Schmidt, Deputy City Clerk APPROVED AS TO FORM: -N Coltk Interim City Attorney, Amy Jo Pearsall On this day personally appeared before me Jennifer Hodge, to me known to be the President of Traffic Count Consultants, 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 he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,LSD , 20 Notary's signature � M Notary's printed name ��� .•Sioru •. q,Q�i� Notary Public and for the State of Washington. �.• s E Vrt:��� fi°�9•�� My commission expires * PUBLIC • *� �� Sf OC-�- 18 PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2012 CITY OF CITY HALL Federal 8th Avenue , WA South Feder Way al Way, WA 98003 -6325 (253) 835 -7000 t� wmv cityotl"ederatway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY TRAFFIC COUNT CONSULTANTS, INC B e nifer H ge, Presiden DATE: MM f 4 STATE OF WASHINGTON) ) ss. COUNTY OF`?k 9_rC -Q ) ATTEST: Cheryl Schmidt, Deputy City Clerk APPROVED AS TO FORM: -N Coltk Interim City Attorney, Amy Jo Pearsall On this day personally appeared before me Jennifer Hodge, to me known to be the President of Traffic Count Consultants, 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 he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,LSD , 20 Notary's signature � M Notary's printed name ��� .•Sioru •. q,Q�i� Notary Public and for the State of Washington. �.• s E Vrt:��� fi°�9•�� My commission expires * PUBLIC • *� �� Sf OC-�- 18 PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2012 ` CITY OF CITY 8th � Fe d e ra I Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063 -9718 18 (253) 835 -7000 www crtyoffederahvay com EXHIBIT "A" SERVICES The City of Federal Way utilized the Weekday Evening Peak Hour Turning Movement Counts (TMC) to support the City's Transportation Concurrency Management Program. The Contractor shall do or provide the following: The CONSULTANT shall collect Weekday Evening Peak Hour Turning Movement Counts (TMC) at locations as shown in Table I below. All TMC shall be collected between Tuesday and Thursday, from 4:00 PM to 6:00 PM and shall not include one day before or after any holidays. All counts shall include pedestrians, cyclists, and U- Turn vehicles where permitted and estimated queues length if extend beyond turn pocket. Should there be any errors in the traffic count as determined by the City, the CONSULTANT shall recount without additional cost to the City. All data collections must be completed by November 24th, 2014. The Consultant shall provide paper printouts organized in folders and an electronic file copv in PDF or other approved alternatives to the City no later than December 8 "', 2014. Table I. Weekday Evening Peak Hour Count Locations (4:00 PM — 6:00 PM) K: \TRAFFIC \Traffic Counts Contract \2014 CN TMC \2014 Concurrency Counts Professional Services Agreement.doc Page - 7 - Location Number and Intersection Status / Comments ID ; North -South Street ; East -West Street 251 Pacific Hwy -S -S-27-6 St 256 -------- - 25 Dr S S Star Lake Rd ------------------------------------- 451 ---- ------------------- i-------------------------------------------r------------------------------------ ; Pacific Hwy S - ----------------------------- 16 Av S -- - -- - --- ---------------------- - - - - -- ------------------------------------- 458 Military Rd S --------------------------------------------- S Star Lake Rd ------------------------------ - - - - -- ------------------------------------- 750 ; Pacific Hwy S : S 283 P1 - - - - -- ------------------------------ - - - - -- ------------------------------------- - ------------------------------------------ 756 ; Military Rd S ---------------------------- S 283 P1 ------------------------------------ ------------------------------------- 1050 --- Pacific Hwy S ------------- _ ------------------------------ S 288 St _______________-- ________ - - - -- ------------------------------------- 1051 --- ------------------------------------------------------------------------- Av S -1-8 - - r___--- :--S-28-8 St - - - - -- ------------------------------------- 1052 20 Av S ------------------------------------- S 288 St - - - - -- ------------------------------ - - - - -- ------------------------------------- 1053 ; 21 Av S - - - ----------------------------------•------------------------------ S 288 St - - - - -- ------------------------------------- 1056 ; Military Rd S -S-28-8 St 1058 Camelot Dr S S 288 St - -------- ----r------------------------------------ - ----------------------------------- 1059 --- ------------------------------------------------------------------------------- r--------------------------------------- 30 -Av -S j S 288 St - - - - -- ------------------------------------- 1240 1 Av S ------------------------------------- SW 292 St - - - - -- ------------------------------ - - - - -- ------------------------------------- 1248 13 Av S -------------- - - - - -- Redondo Wy S -- ------------------------------------ ------------------------------------- 1540 1 Av S ----------------------------------- S 296 P1 ------------------------------------ ------------------------------------- 1557 - -------- ; Military Rd S ; Camelot Dr S / S 296 PI ---------------------- --- - - - - -- ------------------------------------- 1647 r------------------------------------------- ; 9 P1 S -------------------------------------------- r----- S Dash Point Rd ------------------------------------ 1648 11 Pi S ------------------------------------- S Dash Point Rd - - - - -- ------------------------------ - - - - -- ------------------------------------- 1650 Redondo Wy S S Dash Point Rd K: \TRAFFIC \Traffic Counts Contract \2014 CN TMC \2014 Concurrency Counts Professional Services Agreement.doc Page - 7 - CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 1100% Fe d e a I Way Federal Way, WA 98063-9718 (253) 835-7000 www c1tyoffederalway com 1651 Pacific Hwy S -------------------------------------------- S Dash Point Rd - - - - -- ------------------------ ------------------------------------- ------------------------------------- 1658 --- Military -Rd S ---------------------------- r----- -S-29-8 -St -------------------------- ------------------------------------- 1751 Pacific Hwy S 18 Av S ------------------------------------- 1838 2 PI SW --------------------------------------------- SW Dash Point Rd I ------------------------------------ ------------------------------------- 1839 SW Dash Point Rd --------------------------------------------- : SW 301 St I ------------------------------------ ------------------------------------- 1840 _ : -1 Av S ----------------------------------- :1 _SW 301 - St ------------------------ ------------------------------------- 1842 --- 1 4 Av S ----------------------------------- : -S-Dash-Point-Rd ------------------ ------------------------------------- 1846 - ___: S Dash Point Rd -------------------------------------------- S 301 St ------------------------------------ ------------------------------------- 1935 8 Av SW -------------------------------------------- SW Dash Point Rd ------------------------------------ ------------------------------------- 2040 ------------------------------------------------ 1 Av S S 304 St ------------------------------------ ------------------------------------- 2051 --- : Pacific Hwy S --------------------------------------------------------------------------------- S 304 St ------------------------------------- 2054 --- I 23-Av-S ---------------------------------- -S-304 -St ---------------------------------------------------------------- 2057 --- 28 _Av _S ---------------------------------- S 304 St ---------------------------------------------------------------- 2058 Military Rd S S 304 St 2122 --- :,-30-Ave-SW ------------------------- SW Dash Pt Rd - ----------------------------------- ------------------------------------ 2133 - -- ------------------------------------------------ : SW Dash Point Rd SW 306 St ----------------------------------- -------------------------------------- 2140 1 Av S S 304 PI 2231 --- __ SW - Dash - P - oint Rd ----------------------- _SW 308 St ------------------------ ------------------------------------ 2240 ---:-------------------------------------- 1 Av S S 308 St - - - - -- ------------------------------------ ------------------------------------ 2250 - _ ­ : Pacific Hwy S -------------------------------------------- S 308 St ------------------------------------ ------------------------------------ 2350 Pacific Hwy -S ---------------------------- -S-3 10 -St -------------------------- ------------------------------------- 2430 --- :--1-6-Av-SW -------------------------------- _SW Dash Point Rd ----------------------------------------------------- 2530 --- SW Dash Point Rd ----------------------- _SW 312 St ------------------------ ------------------------------------ 2531 14 Av SW -------------------------------------------- SW 312 St ------------------------------------ New Signal ------------------------------------ 2533 10 PI SW ---------------------------------------- ---- _SW 312 St ------------------------ ------------------------------------ 2535 8 Av SW --------------------------------------------------------------------------------- SW 312 St ------------------------------------ 2540 1 Ave S : S 312 St 2542 j 4 Av S ----------------------------------- -S-312 -St -------------------------- ------------------------------------ 2545 8 Av S IN Leg) ------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2546 - 8 Av S (S Leg) -------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2549 14 Av S - --------------------- ----- ----------------- S 312 St ------------------------------------ ------------------------------------ 2550 Pacific Hwy S -------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2551 --- j -18 _Av _S ---------------------------------- :L-S-312 St -------------------------- ------------------------------------ 2552 - ---:-------------------------------------- 20 Av S S 312 St - - - - -- ------------------------------------ ------------------------------------ 2553 22 Av S -------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2554 23 Av S --------------------------------------------------------------------------------- S 312 St ------------------------------------ 2557 28 Av S -------------------------------------------- : S 312 St ------------------------------------ ------------------------------------ 2612 --- 47-Av-SW -------------------------------- _SW Dash Point Rd ---------------- ------------------------------------ 2628 21 Av SW -------------------------------------------- SW Dash Point Rd ------------------------------------ ------------------------------------ 2652 20 Av S -------------------------------------------- S 314 St ------------------------------------ ------------------------------------ 2654 ------------------------------------------------------------------------------------- 23 Av S S 314 St ------------------------------------ 2725 26 PI SW ------------------------------------------- : SW Dash Point Rd - ------------------------------------ ------------------------------------ 2750 --- Pacific Hwy -S_ _____ ____ ______________ _ -S-31-6 -St -------------------------- - Heavy NB U-Tums-vol ----------- 2752 20 Av S -------------------------------------------- S 316 St ------------------------------------ ------------------------------------ 2753 21 PI S -------------------------------------------- S 316 St ------------------------------------ ------------------------------------ 2754 ------------------------------------------------ 23 Av S S 316 St ------------------------------------ ------------------------------------ K:\TR-AFFIC\Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 8 - CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 1100% Fe d e a I Way Federal Way, WA 98063-9718 (253) 835-7000 www c1tyoffederalway com 1651 Pacific Hwy S -------------------------------------------- S Dash Point Rd - - - - -- ------------------------ ------------------------------------- ------------------------------------- 1658 --- Military -Rd S ---------------------------- r----- -S-29-8 -St -------------------------- ------------------------------------- 1751 Pacific Hwy S 18 Av S ------------------------------------- 1838 2 PI SW --------------------------------------------- SW Dash Point Rd I ------------------------------------ ------------------------------------- 1839 SW Dash Point Rd --------------------------------------------- : SW 301 St I ------------------------------------ ------------------------------------- 1840 _ : -1 Av S ----------------------------------- :1 _SW 301 - St ------------------------ ------------------------------------- 1842 --- 1 4 Av S ----------------------------------- : -S-Dash-Point-Rd ------------------ ------------------------------------- 1846 - ___: S Dash Point Rd -------------------------------------------- S 301 St ------------------------------------ ------------------------------------- 1935 8 Av SW -------------------------------------------- SW Dash Point Rd ------------------------------------ ------------------------------------- 2040 ------------------------------------------------ 1 Av S S 304 St ------------------------------------ ------------------------------------- 2051 --- : Pacific Hwy S --------------------------------------------------------------------------------- S 304 St ------------------------------------- 2054 --- I 23-Av-S ---------------------------------- -S-304 -St ---------------------------------------------------------------- 2057 --- 28 _Av _S ---------------------------------- S 304 St ---------------------------------------------------------------- 2058 Military Rd S S 304 St 2122 --- :,-30-Ave-SW ------------------------- SW Dash Pt Rd - ----------------------------------- ------------------------------------ 2133 - -- ------------------------------------------------ : SW Dash Point Rd SW 306 St ----------------------------------- -------------------------------------- 2140 1 Av S S 304 PI 2231 --- __ SW - Dash - P - oint Rd ----------------------- _SW 308 St ------------------------ ------------------------------------ 2240 ---:-------------------------------------- 1 Av S S 308 St - - - - -- ------------------------------------ ------------------------------------ 2250 - _ ­ : Pacific Hwy S -------------------------------------------- S 308 St ------------------------------------ ------------------------------------ 2350 Pacific Hwy -S ---------------------------- -S-3 10 -St -------------------------- ------------------------------------- 2430 --- :--1-6-Av-SW -------------------------------- _SW Dash Point Rd ----------------------------------------------------- 2530 --- SW Dash Point Rd ----------------------- _SW 312 St ------------------------ ------------------------------------ 2531 14 Av SW -------------------------------------------- SW 312 St ------------------------------------ New Signal ------------------------------------ 2533 10 PI SW ---------------------------------------- ---- _SW 312 St ------------------------ ------------------------------------ 2535 8 Av SW --------------------------------------------------------------------------------- SW 312 St ------------------------------------ 2540 1 Ave S : S 312 St 2542 j 4 Av S ----------------------------------- -S-312 -St -------------------------- ------------------------------------ 2545 8 Av S IN Leg) ------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2546 - 8 Av S (S Leg) -------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2549 14 Av S - --------------------- ----- ----------------- S 312 St ------------------------------------ ------------------------------------ 2550 Pacific Hwy S -------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2551 --- j -18 _Av _S ---------------------------------- :L-S-312 St -------------------------- ------------------------------------ 2552 - ---:-------------------------------------- 20 Av S S 312 St - - - - -- ------------------------------------ ------------------------------------ 2553 22 Av S -------------------------------------------- S 312 St ------------------------------------ ------------------------------------ 2554 23 Av S --------------------------------------------------------------------------------- S 312 St ------------------------------------ 2557 28 Av S -------------------------------------------- : S 312 St ------------------------------------ ------------------------------------ 2612 --- 47-Av-SW -------------------------------- _SW Dash Point Rd ---------------- ------------------------------------ 2628 21 Av SW -------------------------------------------- SW Dash Point Rd ------------------------------------ ------------------------------------ 2652 20 Av S -------------------------------------------- S 314 St ------------------------------------ ------------------------------------ 2654 ------------------------------------------------------------------------------------- 23 Av S S 314 St ------------------------------------ 2725 26 PI SW ------------------------------------------- : SW Dash Point Rd - ------------------------------------ ------------------------------------ 2750 --- Pacific Hwy -S_ _____ ____ ______________ _ -S-31-6 -St -------------------------- - Heavy NB U-Tums-vol ----------- 2752 20 Av S -------------------------------------------- S 316 St ------------------------------------ ------------------------------------ 2753 21 PI S -------------------------------------------- S 316 St ------------------------------------ ------------------------------------ 2754 ------------------------------------------------ 23 Av S S 316 St ------------------------------------ ------------------------------------ K:\TR-AFFIC\Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 8 - K: \TRAFFIC \Traffic Counts Contract \2014 CN TMC \2014 Concurrency Counts Professional Services Agreement.doc Page - 9 - CITY of CITY HALL Fe d e ra I Way 33325 8th Avenue Federal Way, South • Box 9718 WA 98063 -9718 18 (253) 835 -7000 www cityoffederafway com 2846 8 Av S S 317 St --------------------------------------------------------------------------- - - - - -- ------------------------------------ ------------------------------------ 2855 ; 23 Av S -S-31-7 St 2856 Gateway Blvd S S 317 St - - -- -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 2857 28 Av S S 317 St ---:---------------------------------------------------------------------------- - - - - -- Roundabout ------------------------------------ 3012 ; 47-Av-SW SW 320 St 3015 42 Av SW SW 320 St ---,-------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3022 30 Av SW ; SW 320 St 3025 --- ; 26-Av-SW SW 320 St ------------------------------------------------------------------------------- - - - - -- ------------------------------------ 3028 21 Av SW SW 320 St ---:-------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3031 14 Wy SW : SW 320 St - - ----------------- - - - - -- ------------------------------------ 3032 :1-1-3-PI-SW : SW 320 St 3033 11 P1 SW SW 320 St 3034 10 P1 SW SW 320 St ------------------------------------------------------------------------------------ - - - - -- ------------------------------------ 3036 7 Av SW SW 320 St -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3037 6 P1 SW SW 320 St -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3040 i 1 Av S -S-320 St 3043 5 Av S S 320 St -------------------------------------------- ------------------------------ - - - - -- --------------- - - - - -- 3046 8 Av S S 320 St 3047 : 10 Av S -S-320 St 3048 11 PIS S 320 St ------------------------------------------ - - ------------------------------ - - - - -- ------------------------------------ - - -- 3050 _ Pacific Hwy S S 320 St ---------------------------------------------- - - - - -- Heavy NB &SB Vol - -- --------------- - - - -- 3052 j 20 Av S j S 320 St ---;-------------------------------------------------------------------------- - - - - -- ------------------------------------ 21 P1 S S 320 St 3053 ----- - - ----------------------------------------------------------------------------- - - - - -- ------------------------------------ 3055 23 Av S S 320 St 3056 ; Gateway Blvd S /25 Ave S -S-320 St 3057 I -5 SB Ramp S 320 St 3058 1 -5 NB Ramp r S 320 St -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3060 32 Av S -S-320 St 3061 -__; Weyerhaeuser Wy S S 320 St -------------------------- - - - - -- ------------------------------------ 3119 36 Av SW SW 320 St 3120 SW 323 St SW 320 St 3128 21 Av SW r SW 323 St -- - -- ------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3213 Hoyt Rd SW------------------------ - - - - - SW 3-25-Wy ---------------------- ------------------------------------ 3255 23 Ave S S 322 St ---------------------------------------------I------------------------------ - - - - -- Mall & P &R Lot signal ------------------------------------ 3261__ -, Weyerhaeuser Wy S : S 323 St 3348 11 Pl S -S-324 St 3350 Pacific Hwy S ; S 324 St - - - - -- - - -- - -- Heavy NB Left_U -Turn Vol --------------- - -- 11------------------------------ 3414 Hoyt Rd SW ; SW 326 St 3428 21 Av SW : SW 325 PI -------------------------------------------- ------------------------------------ ------------------------------------ 3440 1 Ave S SW 325 PI -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3451 17 Av S : S 324 St 3514 :Hoyt -- SW- SW 329 Wy ---------------------- - - - - -- ---------------------- 3540 :--I Av S j -S-3 28 St 3550 - Pacific Hwy S ________ __ _________________ 5 -328 St -------------------------- - - - - -- ------------------------------------ 3566 Military Rd 5---------------------- - - - - -- - ---- St - -------------------------- 3628 i 21 Av SW : SW 330 St K: \TRAFFIC \Traffic Counts Contract \2014 CN TMC \2014 Concurrency Counts Professional Services Agreement.doc Page - 9 - K: \TRAFFIC \Traffic Counts Contract \2014 CN TMC \2014 Concurrency Counts Professional Services Agreement.doc Page - 9 - CITY of CITY HALL Fe d e ra I Way 33325 8th Avenue Federal Way, South • Box 9718 WA 98063 -9718 18 (253) 835 -7000 www cityoffederafway com 2846 8 Av S S 317 St --------------------------------------------------------------------------- - - - - -- ------------------------------------ ------------------------------------ 2855 ; 23 Av S -S-31-7 St 2856 Gateway Blvd S S 317 St - - -- -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 2857 28 Av S S 317 St ---:---------------------------------------------------------------------------- - - - - -- Roundabout ------------------------------------ 3012 ; 47-Av-SW SW 320 St 3015 42 Av SW SW 320 St ---,-------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3022 30 Av SW ; SW 320 St 3025 --- ; 26-Av-SW SW 320 St ------------------------------------------------------------------------------- - - - - -- ------------------------------------ 3028 21 Av SW SW 320 St ---:-------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3031 14 Wy SW : SW 320 St - - ----------------- - - - - -- ------------------------------------ 3032 :1-1-3-PI-SW : SW 320 St 3033 11 P1 SW SW 320 St 3034 10 P1 SW SW 320 St ------------------------------------------------------------------------------------ - - - - -- ------------------------------------ 3036 7 Av SW SW 320 St -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3037 6 P1 SW SW 320 St -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3040 i 1 Av S -S-320 St 3043 5 Av S S 320 St -------------------------------------------- ------------------------------ - - - - -- --------------- - - - - -- 3046 8 Av S S 320 St 3047 : 10 Av S -S-320 St 3048 11 PIS S 320 St ------------------------------------------ - - ------------------------------ - - - - -- ------------------------------------ - - -- 3050 _ Pacific Hwy S S 320 St ---------------------------------------------- - - - - -- Heavy NB &SB Vol - -- --------------- - - - -- 3052 j 20 Av S j S 320 St ---;-------------------------------------------------------------------------- - - - - -- ------------------------------------ 21 P1 S S 320 St 3053 ----- - - ----------------------------------------------------------------------------- - - - - -- ------------------------------------ 3055 23 Av S S 320 St 3056 ; Gateway Blvd S /25 Ave S -S-320 St 3057 I -5 SB Ramp S 320 St 3058 1 -5 NB Ramp r S 320 St -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3060 32 Av S -S-320 St 3061 -__; Weyerhaeuser Wy S S 320 St -------------------------- - - - - -- ------------------------------------ 3119 36 Av SW SW 320 St 3120 SW 323 St SW 320 St 3128 21 Av SW r SW 323 St -- - -- ------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3213 Hoyt Rd SW------------------------ - - - - - SW 3-25-Wy ---------------------- ------------------------------------ 3255 23 Ave S S 322 St ---------------------------------------------I------------------------------ - - - - -- Mall & P &R Lot signal ------------------------------------ 3261__ -, Weyerhaeuser Wy S : S 323 St 3348 11 Pl S -S-324 St 3350 Pacific Hwy S ; S 324 St - - - - -- - - -- - -- Heavy NB Left_U -Turn Vol --------------- - -- 11------------------------------ 3414 Hoyt Rd SW ; SW 326 St 3428 21 Av SW : SW 325 PI -------------------------------------------- ------------------------------------ ------------------------------------ 3440 1 Ave S SW 325 PI -------------------------------------- - - - - -- ------------------------------ - - - - -- ------------------------------------ 3451 17 Av S : S 324 St 3514 :Hoyt -- SW- SW 329 Wy ---------------------- - - - - -- ---------------------- 3540 :--I Av S j -S-3 28 St 3550 - Pacific Hwy S ________ __ _________________ 5 -328 St -------------------------- - - - - -- ------------------------------------ 3566 Military Rd 5---------------------- - - - - -- - ---- St - -------------------------- 3628 i 21 Av SW : SW 330 St K: \TRAFFIC \Traffic Counts Contract \2014 CN TMC \2014 Concurrency Counts Professional Services Agreement.doc Page - 9 - CITY OF '�.... Federal Way CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederalway com 3637 --- :1 -6 PI SW ---------------------------------- :1 _SW 330 St ------------------------ ------------------------------------- ------------------------------------- 3638 3 Av SW SW 330 St 3640 --- jl Av S ----------------------------------- 330 St ------------------------ ------------------------------------- 3650 Pacific Hwy S - ------------------------------ r_SW S 330 St - - -------------------------- Heavy SB Left U-Turn Vol - - - = ----------------------------- 3715 ... jjl�ayt Rd- SW ----------------------------- _SW 331 _PI ------------------------ ------------------------------------- 3744 ---,-------------------------------------- 8 Av S S 333 St - - - - -- ------------------------------------ ------------------------------------- 3745___j Community -Center Dwy ----------------- -S-3 33 -St -------------------------- - Roundabout ------------------------ 3746 ------------------------------------------------------ 9 Av S S 332 St -------------------------------------------------------------------------- 3749 13 PIS --------------------------------------------- -- - - - - -I- S 332 St 3750 Pacific Hwy S -------------------------------------------- : S 332 St ------------------------------------ ------------------------------------- 3828 --- 21 _Av _SW -------------------------------- :1 _SW 334 St ------------------------ ------------------------------------- 3842 ... I - Wy - S ----------------------------------- S - 33 - 3 - St -------------------------- ------------------------------------ 3850 --- Pacific Hwy -S ---------------------------- -S-33-3 -St -------------------------- ------------------------------------- 3858__ Weyerhaeuser - Wy S__________ _____ ---------- ------ ____ __ -S-33-6 -St -------------------------- - -- - -- - Roundabout ----------------------- ------------ 3867 --- Military-Rd S ----------------------- 45 PIS ------------------------------ - - - - -- ------------------------------------ 3934 10 Av SW -------------------------------------------- SW 334 St ----------------------------- - - - - -- ------------------------------------ 3942 ... :-_I Wy _S ----------------------------------- :1-S-334 - St ---------------------------------------------------------------- 3946 --- 9 Av S ----------------------------------- -8 _Av -S ----------------------------------------------------------------- 4025 26 PI SW SW 336 St / SW 336 Wy --- 4027 : -------------------------------------------- 24 PI SW ---------------------------------------- ------------------------------------------------------------------------- ---- _SW 336`x' St ----------------------- - New Signal ----------------------- 4028 21 Av SW --------------------------------------------------------------------------------- SW Campus Dr / SW 336 St ------------------------------------ 4029:19AvSW -------------------------------- _SW Campus Dr ------------------- ------------------------------------ 4043 --- - I - Wy - S ----------------------------------- -S-33-6 -St -------------------------- ------------------------------------ 4046 ---:-------------------------------------- 9 Av S S 336 St - - - - -- ------------------------------------ ------------------------------------ 4049 --- I - 3 - PI - S____________________________ -S-3 36 -St -------------------------- - School bus-primary-access -------- 4050 Pacific 1� S --------- ----------------------------- S 336 St ------------------------------------ ------------------------------------ 4052 --- __ 20 - Av - S ---------------------------------- -S-33-6 -St -------------------------- ------------------------------------ 4124 --- �_-SW-33-7-St ------------------------------- ! SW 3-36-Wy ---------------------- ------------------------------------ 4132 SW - Campus Dr ------------------------------------------- 10 - Av SW / 12 Av SW ----------------------------------- ------------------------------------ 4160 33 PI S -------------------------------------------- Weyerhaeuser Wy S ------------------------------------ ------------------------------------ 4218 Hoyt Rd SW -------------------------------------------- SW 340 St ------------------------------------ ------------------------------------ 4219 --- :1-38-PI-SW --------------------------------- :1 _SW 340 St ------------------------------------------------------------- 4220 --- :35_Av_SW -------------------------------- SW 3 - 40 - St ------------------------ ------------------------------------ 4222 30 Av SW --------------------------------------------- SW 336 Wy / SW 340 St I ------------------------------------ ------------------------------------ 4223 SW 340 PI -------------------------------------------- SW 336 Wy / SW 340 St ------------------------------------ ------------------------------------ 4235 7 Wy SW -------------------------------------------- SW Campus Dr ------------------------------------ ------------------------------------ 4242 --- 1 Wy -S ----------------------------------- _SW 340 St ------------------------ ------------------------------------ 4250 --- :--Pacific Hwy-S ---------------------------- -S-34-0 -St -------------------------- ------------------------------------ 4328 21 Av SW -------------------------------------------- SW 342 St ------------------------------------ ------------------------------------ 4332 12 Av SW -------------------------------------------- SW 340 St ------------------------------------ Traffic Circle ------------------------------------ 4341 1 Wy S -------------------------------------------- S 342 St ------------------------------------ ------------------------------------ 4350 j 16 Av S -------------------------------------------- S 341 PI ------------------------------------ ------------------------------------ 4420 --- :--35-Av-SW -------------------------------- _SW 342 St ------------------------ ------------------------------------ 4436 6 Av SW -------------------------------------------- SW Campus Dr ------------------------------------ ------ ---------------------- 4441 1 PIS --------------------------------------------------------- --------- - ---- I W-Y- --S ---- ------------------------------------ 4460 - Weyerhaeuser Wy S ---------------------------------------------------------------------------------- SRI 8 WB Ramps ----- ------------------------------ K:\TRAFFIC\Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 10 - CITY OF '�.... Federal Way CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederalway com 3637 --- :1 -6 PI SW ---------------------------------- :1 _SW 330 St ------------------------ ------------------------------------- ------------------------------------- 3638 3 Av SW SW 330 St 3640 --- jl Av S ----------------------------------- 330 St ------------------------ ------------------------------------- 3650 Pacific Hwy S - ------------------------------ r_SW S 330 St - - -------------------------- Heavy SB Left U-Turn Vol - - - = ----------------------------- 3715 ... jjl�ayt Rd- SW ----------------------------- _SW 331 _PI ------------------------ ------------------------------------- 3744 ---,-------------------------------------- 8 Av S S 333 St - - - - -- ------------------------------------ ------------------------------------- 3745___j Community -Center Dwy ----------------- -S-3 33 -St -------------------------- - Roundabout ------------------------ 3746 ------------------------------------------------------ 9 Av S S 332 St -------------------------------------------------------------------------- 3749 13 PIS --------------------------------------------- -- - - - - -I- S 332 St 3750 Pacific Hwy S -------------------------------------------- : S 332 St ------------------------------------ ------------------------------------- 3828 --- 21 _Av _SW -------------------------------- :1 _SW 334 St ------------------------ ------------------------------------- 3842 ... I - Wy - S ----------------------------------- S - 33 - 3 - St -------------------------- ------------------------------------ 3850 --- Pacific Hwy -S ---------------------------- -S-33-3 -St -------------------------- ------------------------------------- 3858__ Weyerhaeuser - Wy S__________ _____ ---------- ------ ____ __ -S-33-6 -St -------------------------- - -- - -- - Roundabout ----------------------- ------------ 3867 --- Military-Rd S ----------------------- 45 PIS ------------------------------ - - - - -- ------------------------------------ 3934 10 Av SW -------------------------------------------- SW 334 St ----------------------------- - - - - -- ------------------------------------ 3942 ... :-_I Wy _S ----------------------------------- :1-S-334 - St ---------------------------------------------------------------- 3946 --- 9 Av S ----------------------------------- -8 _Av -S ----------------------------------------------------------------- 4025 26 PI SW SW 336 St / SW 336 Wy --- 4027 : -------------------------------------------- 24 PI SW ---------------------------------------- ------------------------------------------------------------------------- ---- _SW 336`x' St ----------------------- - New Signal ----------------------- 4028 21 Av SW --------------------------------------------------------------------------------- SW Campus Dr / SW 336 St ------------------------------------ 4029:19AvSW -------------------------------- _SW Campus Dr ------------------- ------------------------------------ 4043 --- - I - Wy - S ----------------------------------- -S-33-6 -St -------------------------- ------------------------------------ 4046 ---:-------------------------------------- 9 Av S S 336 St - - - - -- ------------------------------------ ------------------------------------ 4049 --- I - 3 - PI - S____________________________ -S-3 36 -St -------------------------- - School bus-primary-access -------- 4050 Pacific 1� S --------- ----------------------------- S 336 St ------------------------------------ ------------------------------------ 4052 --- __ 20 - Av - S ---------------------------------- -S-33-6 -St -------------------------- ------------------------------------ 4124 --- �_-SW-33-7-St ------------------------------- ! SW 3-36-Wy ---------------------- ------------------------------------ 4132 SW - Campus Dr ------------------------------------------- 10 - Av SW / 12 Av SW ----------------------------------- ------------------------------------ 4160 33 PI S -------------------------------------------- Weyerhaeuser Wy S ------------------------------------ ------------------------------------ 4218 Hoyt Rd SW -------------------------------------------- SW 340 St ------------------------------------ ------------------------------------ 4219 --- :1-38-PI-SW --------------------------------- :1 _SW 340 St ------------------------------------------------------------- 4220 --- :35_Av_SW -------------------------------- SW 3 - 40 - St ------------------------ ------------------------------------ 4222 30 Av SW --------------------------------------------- SW 336 Wy / SW 340 St I ------------------------------------ ------------------------------------ 4223 SW 340 PI -------------------------------------------- SW 336 Wy / SW 340 St ------------------------------------ ------------------------------------ 4235 7 Wy SW -------------------------------------------- SW Campus Dr ------------------------------------ ------------------------------------ 4242 --- 1 Wy -S ----------------------------------- _SW 340 St ------------------------ ------------------------------------ 4250 --- :--Pacific Hwy-S ---------------------------- -S-34-0 -St -------------------------- ------------------------------------ 4328 21 Av SW -------------------------------------------- SW 342 St ------------------------------------ ------------------------------------ 4332 12 Av SW -------------------------------------------- SW 340 St ------------------------------------ Traffic Circle ------------------------------------ 4341 1 Wy S -------------------------------------------- S 342 St ------------------------------------ ------------------------------------ 4350 j 16 Av S -------------------------------------------- S 341 PI ------------------------------------ ------------------------------------ 4420 --- :--35-Av-SW -------------------------------- _SW 342 St ------------------------ ------------------------------------ 4436 6 Av SW -------------------------------------------- SW Campus Dr ------------------------------------ ------ ---------------------- 4441 1 PIS --------------------------------------------------------- --------- - ---- I W-Y- --S ---- ------------------------------------ 4460 - Weyerhaeuser Wy S ---------------------------------------------------------------------------------- SRI 8 WB Ramps ----- ------------------------------ K:\TRAFFIC\Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 10 - CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way Federal Way, WA 98063-9718 (253) 835-7000 www c0offederaiway com 4522 --- 30 Av SW SW 344 St - - - - -- ------------------------------------ ------------------------------------- ------------------------------------- 4524 --- I-------------------------------------- 27-Av-SW -------------------------------- :r-SW 344 St ------------------------ ------------------------------------- 4528 ------- 21 Av SW -------------------------------------------- SW 344 St ------------------------------------ ------------------------------------- 4532 - ---:-------------------------------------- : � 12 Av SW SW 344 St - - - - -- -------------------- 4540 ... I Wy -- - ----------------------------------- Winco Dr. ------------------------------------ ------------------------------------- 4546 9 Av S -------------------------------------------- S 344 St ------------------------------------ ------------------------------------- 4549 --- Pacific Hwy -S ---------------------------- :1-S-344 St -------------------------- ------------------------------------- _j��O 16 Av S -------------------------------------------- S 344 St ------------------------------------ ------------------------------------- 4560 Weyerhaeuser Wy S L-SR18-EB-Ramps ------------------ ------------- ----------------------- 4639 --------------------------------------- Winco Dr. --------------------------------------------- - - - -- I SW Campus Dr I ----- = ------------------------- Signalized access ------------------------------------- 4660 Weyerhaeuser Wy S -------------------------------------------- : S 344 Wy ........................ - - - - -- ..................................... 4732 --- :--1-2-Av-SW -------------------------------- 1---- 347 St ------------------------ ------------------------------------- 4828 --- -2 1 -Av -SW -------------------------------- r-SW :L-SW 348 St ------------------------ ------------------------------------- 4832 12 Av SW ---------------------------------------- ---- L-SW 349 St ------------------------ ------------------------------------- 48 - 40 --- I - Av S ----------------------------------- -S-34-8 -St -------------------------- ------------------------------------- 4846 9 Av S --------------------------------------------------------------------------------- S 348 St ------------------------------------- 4848 Pacific Hwy S = S 348 St ------------------------------------ Hea Truck Traffic ----- YK - ----------------------- - - - -- 4850_ _ _ :--16-Av-S-(-Enc-hanted Pkwy-S) ............ SR -------------------------- - - - - -- 18 /S3 48 St - Heavy-NB Left U-Turn-Vol --------------- - - - - -- 4928 21 Av SW -------------------------------------------- SW 349 St ------------------------------------ ------------------------------------- 5028 --- 21 -Av -SW -------------------------------- :—SW 352 St ------------------------ ------------------------------------- 5050 Enchanted Pkwy S -------------------------------------------- S 352 St ------------------------------------ ------------------------------------- 5228 21 Av SW --------------------------------------------------------------------------------- SW 356 St ------------------------------------- 5229 --- 20-Av-SW -------------------------------- -SW 356 St ------------------------ ------------------------------------- 5231 13 Wy SW / 14 Av SW -------------------------------------------- SW 356 St ---------- ------------------------- - ------------------------------------- 5240 1 Av S S 356 St ------------------------------------- 5246 -------------------------------------------- Pacific Hwy S ----------- ----------------------------- ------------------------------------ S 356 St ------------------------------------ Document WB_q!�t��es ---------------- --------------- 5250 j 16 Av S -------------------------------------------- S 356 St ------------------------------------ ------------------------------------- 5251 j Enchanted Pkwy S -------------------------------------------------------------------------------- - S 356 St Document NB Left turn. queues ------------------------------------- 5335 8 Av SW --------------------------------------------- SW 356 St I ------------------------------------ ------------------------------------- 5345 PacificHwy S -------------------------------------------- : S 359 St ------------------------------------ ------------------------------------- 5450 16 Av S -------------------------------------------- S 359 St ------------------------------------ ------------------------------------- 5451 Enchanted Pkwy S -------------------------------------------- SR IS — SR 161 S13 Off Ramp ------------------------------- = ---- ------------------------------------- 5650___j --1-6-Av-S ---------------------------------- -Todd-Beamers-H-S -D-wy --------- - Roundabout - ------------------------ 6150 Milton Rd -S -- ----------------------------------------- S_369 St ----------------------------------- ------------------------------------- 6340 Pacific Hwy S ------------- = ------------------------------ S 373 St ------------------------------------ ------------------------------------- 6345 --- :1-8 Av S ----------------------------------- -S-3 73 -St -------------------------- ------------------------------------- 6457 : Milton RdS S 375 St K:\TRAFFIC\Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 11 - CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way Federal Way, WA 98063-9718 (253) 835-7000 www c0offederaiway com 4522 --- 30 Av SW SW 344 St - - - - -- ------------------------------------ ------------------------------------- ------------------------------------- 4524 --- I-------------------------------------- 27-Av-SW -------------------------------- :r-SW 344 St ------------------------ ------------------------------------- 4528 ------- 21 Av SW -------------------------------------------- SW 344 St ------------------------------------ ------------------------------------- 4532 - ---:-------------------------------------- : � 12 Av SW SW 344 St - - - - -- -------------------- 4540 ... I Wy -- - ----------------------------------- Winco Dr. ------------------------------------ ------------------------------------- 4546 9 Av S -------------------------------------------- S 344 St ------------------------------------ ------------------------------------- 4549 --- Pacific Hwy -S ---------------------------- :1-S-344 St -------------------------- ------------------------------------- _j��O 16 Av S -------------------------------------------- S 344 St ------------------------------------ ------------------------------------- 4560 Weyerhaeuser Wy S L-SR18-EB-Ramps ------------------ ------------- ----------------------- 4639 --------------------------------------- Winco Dr. --------------------------------------------- - - - -- I SW Campus Dr I ----- = ------------------------- Signalized access ------------------------------------- 4660 Weyerhaeuser Wy S -------------------------------------------- : S 344 Wy ........................ - - - - -- ..................................... 4732 --- :--1-2-Av-SW -------------------------------- 1---- 347 St ------------------------ ------------------------------------- 4828 --- -2 1 -Av -SW -------------------------------- r-SW :L-SW 348 St ------------------------ ------------------------------------- 4832 12 Av SW ---------------------------------------- ---- L-SW 349 St ------------------------ ------------------------------------- 48 - 40 --- I - Av S ----------------------------------- -S-34-8 -St -------------------------- ------------------------------------- 4846 9 Av S --------------------------------------------------------------------------------- S 348 St ------------------------------------- 4848 Pacific Hwy S = S 348 St ------------------------------------ Hea Truck Traffic ----- YK - ----------------------- - - - -- 4850_ _ _ :--16-Av-S-(-Enc-hanted Pkwy-S) ............ SR -------------------------- - - - - -- 18 /S3 48 St - Heavy-NB Left U-Turn-Vol --------------- - - - - -- 4928 21 Av SW -------------------------------------------- SW 349 St ------------------------------------ ------------------------------------- 5028 --- 21 -Av -SW -------------------------------- :—SW 352 St ------------------------ ------------------------------------- 5050 Enchanted Pkwy S -------------------------------------------- S 352 St ------------------------------------ ------------------------------------- 5228 21 Av SW --------------------------------------------------------------------------------- SW 356 St ------------------------------------- 5229 --- 20-Av-SW -------------------------------- -SW 356 St ------------------------ ------------------------------------- 5231 13 Wy SW / 14 Av SW -------------------------------------------- SW 356 St ---------- ------------------------- - ------------------------------------- 5240 1 Av S S 356 St ------------------------------------- 5246 -------------------------------------------- Pacific Hwy S ----------- ----------------------------- ------------------------------------ S 356 St ------------------------------------ Document WB_q!�t��es ---------------- --------------- 5250 j 16 Av S -------------------------------------------- S 356 St ------------------------------------ ------------------------------------- 5251 j Enchanted Pkwy S -------------------------------------------------------------------------------- - S 356 St Document NB Left turn. queues ------------------------------------- 5335 8 Av SW --------------------------------------------- SW 356 St I ------------------------------------ ------------------------------------- 5345 PacificHwy S -------------------------------------------- : S 359 St ------------------------------------ ------------------------------------- 5450 16 Av S -------------------------------------------- S 359 St ------------------------------------ ------------------------------------- 5451 Enchanted Pkwy S -------------------------------------------- SR IS — SR 161 S13 Off Ramp ------------------------------- = ---- ------------------------------------- 5650___j --1-6-Av-S ---------------------------------- -Todd-Beamers-H-S -D-wy --------- - Roundabout - ------------------------ 6150 Milton Rd -S -- ----------------------------------------- S_369 St ----------------------------------- ------------------------------------- 6340 Pacific Hwy S ------------- = ------------------------------ S 373 St ------------------------------------ ------------------------------------- 6345 --- :1-8 Av S ----------------------------------- -S-3 73 -St -------------------------- ------------------------------------- 6457 : Milton RdS S 375 St K:\TRAFFIC\Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 11 - CITY OF CITY HALL 33325 Federal Way Feder 8th A. WA 8063, .18 Box 9718 Federal Way, WA 98063 -9718 (253) 835 -7400 vAvw criyoffederatway corn EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twelve Thousand Seven Hundred Ten and 00 /100 Dollars ($12,710.00) 2. Method of Compensation: Lump Sum Payment. In consideration of the Contractor performing the services the City agrees to pay the contractor a fixed/lump sum payment of Twelve Thousand Seven Hundred Ten and 00 /100 Dollars ($12,710.00) payable upon completion of services. K: \TRAFFIC \Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 12 - CITY OF CITY HALL 33325 Federal Way Feder 8th A. WA 8063, .18 Box 9718 Federal Way, WA 98063 -9718 (253) 835 -7400 vAvw criyoffederatway corn EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twelve Thousand Seven Hundred Ten and 00 /100 Dollars ($12,710.00) 2. Method of Compensation: Lump Sum Payment. In consideration of the Contractor performing the services the City agrees to pay the contractor a fixed/lump sum payment of Twelve Thousand Seven Hundred Ten and 00 /100 Dollars ($12,710.00) payable upon completion of services. K: \TRAFFIC \Traffic Counts Contract\2014 CN TMC\2014 Concurrency Counts Professional Services Agreement.doc Page - 12 - B1=`t ik ft %k A` °R °® CERTIFICATE OF LIABILITY INSURANCE 8�28�2014 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 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 Kuresman Insurance 9321 Bayshore Dr. NW STE 111 Silverdale WA 98383 -8350 CONTACT Trina Maher NAME: PHONE (360)692 -6131 FAX No: (360)692 -6187 C ADDRESS: trinam @kuresmanins . com INSURERS AFFORDING COVERAGE NAIC # INSURERA:OHIO SECURITY 24082 INSURED Traffic Count Consultants Inc 5450 Reflection St E C/o Jennifer Hodge Fife WA 98424 INSURER B INSURER C: INSURER D: INSURER E: $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER:CL1482803611 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 SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 A CLAIMS -MADE F_x1 OCCUR X BKS55024758 8/1/2014 8/1/2015 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY F PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 55024758 /22/2014 /22/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS Medical payments $ 5,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION WC STATU- X OTH- ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A KS55024758 8/1/2014 8/1/2015 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED PER CG8810. [tla[iIl;Il«IGII3;L111113Ja:1 CITY OF FEDERAL sarady long 33325 8TH AVE S FEDERAL WAY, WA ACORD 25 (2010/05) INRD25i9ninnr m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WAY ACCORDANCE WITH THE POLICY PROVISIONS. 98003 -6325 AUTHORIZED REPRESENTATIVE Maberry /MIiAM ©1988 -2010 ACORD CORPORATION. All rights reserved. Tha Arnpin nnma nnA I- mra raniet•ararl morlre of Arnion B1=`t ik ft %k A` °R °® CERTIFICATE OF LIABILITY INSURANCE 8�28�2014 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 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 Kuresman Insurance 9321 Bayshore Dr. NW STE 111 Silverdale WA 98383 -8350 CONTACT Trina Maher NAME: PHONE (360)692 -6131 FAX No: (360)692 -6187 C ADDRESS: trinam @kuresmanins . com INSURERS AFFORDING COVERAGE NAIC # INSURERA:OHIO SECURITY 24082 INSURED Traffic Count Consultants Inc 5450 Reflection St E C/o Jennifer Hodge Fife WA 98424 INSURER B INSURER C: INSURER D: INSURER E: $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER:CL1482803611 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 SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 A CLAIMS -MADE F_x1 OCCUR X BKS55024758 8/1/2014 8/1/2015 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY F PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 55024758 /22/2014 /22/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS Medical payments $ 5,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION WC STATU- X OTH- ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A KS55024758 8/1/2014 8/1/2015 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED PER CG8810. [tla[iIl;Il«IGII3;L111113Ja:1 CITY OF FEDERAL sarady long 33325 8TH AVE S FEDERAL WAY, WA ACORD 25 (2010/05) INRD25i9ninnr m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WAY ACCORDANCE WITH THE POLICY PROVISIONS. 98003 -6325 AUTHORIZED REPRESENTATIVE Maberry /MIiAM ©1988 -2010 ACORD CORPORATION. All rights reserved. Tha Arnpin nnma nnA I- mra raniet•ararl morlre of Arnion COMMERCIAL GENERAL LIABILITY CG 88 10 10 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 5 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 6 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 7 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 COMMERCIAL GENERAL LIABILITY CG 88 10 10 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 5 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 6 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 7 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS Under Paragraph 2. Exclusions of Section I - Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 Of 7 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS Under Paragraph 2. Exclusions of Section I - Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 Of 7 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 Of 7 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 Of 7 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 1010 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page9'of 7 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 1010 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page9'of 7 (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 02010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 02010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED- INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED- INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of `occurrences ", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of `occurrences ", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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