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21-116.00 AHBL: Balfour Park Improvements, Design Services
Contract No. 21-116 AGREEMENT FOR PROFESSIONAL SERVICES AHBL,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and AHBL,Inc. hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed , by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2023 unless the time for performance is extended in writing by the Parties. 0316 Balfour Park-Design Agreement Page 1 of 8 Contract No.21-116 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of$326,173.04 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name:Erik Fitzpatrick,Principal Phone: (509)720-5000 Phone:(509)252-5019 Address: 10210 East Sprague Avenue Address: 827 W First Avenue, Suite 220 Spokane Valley,WA 99206 Spokane, WA 99201 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Reaardin2 Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a 0316 Balfour Park-Design Agreement Page 2 of 8 Contract No. 21-116 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with 0316 Balfour Park-Design Agreement Page 3 of 8 Contract No.21-116 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and$2,000,000 general aggregate. 3. Professional liability,insurance shall be written with limits no less than$2,000,000 per claim and$2,000,000 policy aggregate limit. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City • shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory 0316 Balfour Park-Design Agreement Page 4 of 8 Contract No. 21-116 endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, 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 Consultant and the City,its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this 0316 Balfour Park-Design Agreement Page 5 of 8 Contract No. 21-116 Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non-Discrimination Authorities") relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time- to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D.Information and Reports:Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2. cancelling,terminating, or suspending the Agreement, in whole or in part. 0316 Balfour Park-Design Agreement Page 6 of 8 Contract No. 21-116 F.Incorporation of Provisions:Consultant shall include the provisions of paragraphs one through six of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance,of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL, 100-209), (Broadened the scope, coverage • and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin, and sex); 0316 Balfour Park-Design Agreement Page 7 of 8 Contract No. 21-116 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with.Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 22. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 23. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B.Fee proposal C. Insurance Certificates The Parties have executed this Agreement this Z— day of A it t , 20 21. CITY F SPOKA1V VALLEY Consul nt: Ctilk ()(Sift— tv‘E---- Mark C houn,City Manager By: Erick Fitzpat ck Its: Authorized Representative APPROVED AS TO FORM: Office ,,fl e Ci ey 0316 Balfour Park-Design Agreement Page 8 of 8 City of Spokane Valley—Balfour Park Scope of Work AHBL No.2210203 June 24,2021 Exhibit A Balfour Park Improvements - Scope of Work Revised Thank you for the opportunity to submit this proposal for services from design through construction administration of the Balfour Park Improvements project in the City of Spokane Valley. The City(COSV) seeks to improve the approximately 8-acre park property on the block across from COSV City Hall.The site consists of four parcels totaling 8.13 acres, a mid-block pedestrian crossing across Sprague from City Hall to the park, and portions of the City Hall property where the crossing ties in. The project will be designed in conjunction with the Spokane County Library District owned adjacent 2.8 acres at the west end of the block, northwest of the intersection of East Sprague Avenue and North Herald Road.The City developed master plan included extensive public input and serves as the list of elements desired in the park. Our understanding of the scope of work is based on the project RFQ dated February 26, 2021, the 2019 updated master plan, and conversations with City staff. Partial funding has been secured for the park, but is known to be insufficient for complete development of the master plan. The goal of the Balfour Park project is to provide a safe central community gathering space incorporating Balfour Park,the new library, and City Hall into a cohesive campus. In addition to a fully coordinated design of the Balfour Park with library,the project will explore design of a pedestrian crossing between City Hall and the park on Sprague Avenue. Community input has already been incorporated into the park master plan. Continuing input will be used to prioritize master plan elements to fit into available funds. Public outreach will use digital means and two (2) public meetings with one being a public workshop session and the second an informational City Council meeting. 111 rH B 'L1 Page 1 City of Spokane Valley—Balfour Park Scope of Work AHBL No.2210203 June 24,2021 Anticipated Schedule In order to catch up with the library design and construction schedule, the park will need to meet the following timeframes for each task. Table 1—Anticipated Overall Project Schedule Description Duration Schedule (Weeks) Scoping/Notice to Proceed (NTP) 6 May 17 — June 25 15%Schematic Planning 8 June—July 30% Design Development 8 July —Sept 90% Construction Drawings 10 Sept—Dec Phase 1 Bid Documents (Anticipated) 5 Dec —Jan Permitting (Anticipated) 3 Jan. 2022 Phase 1 Bidding(Anticipated) 2 Feb. 2022 Phase 1 Construction (Anticipated) 70-80 Mar 2022—Sept 2023 This contract will include Schematic Planning through 90%Construction Drawings. Additional Tasks (Phase 1 Bid documents, etc.)will be authorized under separate contracts after completion of the 90% documents.This contract includes the following tasks: 1. Task 1—Project Management 1.1. Prepare monthly invoice review and summary narratives,we have assumed 10 months during the design and bidding phases of the project. 1.2. Prepare a Work Plan Schedule defining tasks and indicating deliverable dates. 1.3. Prepare monthly progress reports describing work completed, work in progress, anticipated project needs, and other pertinent information. 2. Task 2-Schematic Planning (15%) 2.1. Prepare a Site Analysis to support a revised site design and review masterplan element placements for visibility and adjacency to the library and surrounding streets. 2.1.1. Explore 3 City Center campus and park site organization options. 2.1.2. Meet with the City Project Committee (PC)to discuss options and focus on a single preferred site plan. 2.2. Establish project priorities 2.2.1. Prepare a ROM construction estimate of master plan elements. 2.2.2. Conduct a public open house and prepare an online public survey to identify potential community priority elements. Please see Exhibit A-1 for additional public outreach scope items and approach. 2.3. Conduct preliminary studies and investigations for project development: 2.3.1. Geotechnical evaluation for project development (GeoEngineers) 2.3.2. Soils nutrient and toxicity testing for topsoil specification preparation (GeoEngineers) rR ,rH (B ft L Page 12 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 2.3.3. Cultural Resources Survey for public projects and future grant applications (Plateau). See Exhibit A-3 for additional information. 2.4. Reviews and Meetings 2.4.1. Prepare agenda for and meet weekly with the COSV Project Manager. 2.4.2. Prepare agenda for and meet at least monthly with the PC group. 2.4.3. Meet with the PC group to discuss site lighting,tour Riverfront Park at night to review lighting. 2.4.4. Attend one City Council meeting during SD in conjunction the Public Outreach Open House. 2.5. Deliverables 2.5.1. Geotechnical Report 2.5.2. Soil Test Reports 2.5.3. Cultural Resources Survey 2.5.4. Site analysis graphic exhibits 2.5.5. Project element priority surveys and final priority list 2.5.6. Conceptual site layout options 2.5.7. Preferred Site Layout Plan (the what and where of the master plan) 3. Task 3- Design Development(30% PS&E) Design development (DD) is the stage at which most design decisions of the park design will be completed. Building on the steps in Schematic Design, our team will select additional materials and furnishings that match with the Library and City Hall, design structures, select playground equipment, safety surfacing, and site furnishings.Throughout this process, we will continually check back against the Master Plan's Design Program and project budgets. 3.1. Advance park site design showing the following elements: 3.1.1. Site vehicular and pedestrian circulation, parking, pathways, and plaza spaces. 3.1.2. Materials, large site furnishings, and all selected master plan elements 3.1.3. Campus Ideation: Prepare exhibits and graphics of potential campus theme elements and materials. 3.1.4. Artwork integration 3.1.5. STA bus stop integration 3.2. Prepare 30%civil design documents 3.2.1. Civil Site Plan 3.2.2. Paving and Layout Plans 3.2.3. Utility Plans 3.2.4. Grading and Drainage Plan 3.3. Provide a Sprague Avenue pedestrian crossing plan layout and channelization from intersections to the east and west of the park. 3.4. Prepare 30%architectural programming for the following elements (Integrus Architecture) 3.4.1. Amphitheater multi-purpose building n H 'B (L Page I3 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 3.4.2. Existing restroom renovation or replacement building 3.4.3. Picnic pavilion/multi-purpose shelter 3.4.4. Programming/exterior elevations 3.4.5. Architect's estimate 3.4.6. See exhibit A-2 for additional information from Integrus 3.5. Prepare exhibits for material and equipment selection of the following elements: 3.5.1. Playground supplier and equipment 3.5.2. Safety surfacing options 3.5.3. Splash pad supplier and equipment 3.5.4. Paving,fencing,guardrails, handrails, site walls, and seat walls 3.5.5. Site lighting fixtures 3.5.6. Site furnishings (benches, trash receptacles, bike racks, etc.) 3.6. Electrical, site lighting, and security(MW Engineers/Escent Lighting) 3.6.1. Electrical &telephone point of service & distribution 3.6.2. Electrical & lighting systems for all new structures 3.6.3. Electrical for splash pad 3.6.4. Site power for seasonal tree lighting and temp event use 3.6.5. Parking, pathway& basketball lighting incl.fixture selection and photometric analysis 3.6.6. Site security systems (cameras, emergency blue phones) 3.6.7. Wireless Access Points 3.6.8. Site audio systems for public address, background music 3.6.9. Engineer's Estimate 3.7. Landscape Design 3.7.1. Prepare a plant palette exhibit showing the designer's suggested species. 3.7.2. Prepare 30% planting and irrigation plans. 3.8. Graphics 3.8.1. Prepare a 2D colored landscape plan and 3D views of the park and key elements for public outreach, marketing, and grant applications. 3.8.2. 3D views to include:Three birds-eye aerial views in summer, fall, and winter; close up views of the amphitheater, playground, and events plaza. 3.9. Cost Estimates 3.9.1. Develop preliminary Bid Items List, Summary of Quantities, and Engineers Estimate based on the 30% Design Plans 3.10. Specifications 3.10.1. Develop preliminary Bid Items List and Unit Measurements 3.10.2. Identify potential bid alternate items 3.11. Reviews and Meetings 3.11.1. Prepare agenda for and meet weekly with the COSV Project Manager 3.11.2. Prepare agenda for and meet at least monthly with the PC group 3.11.3. DD Page Turn Review 3.11.4. City Council Informational Meeting 3.12. Deliverables (A -H LL Page 14 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 3.12.1. Graphic Exhibits 3.12.2. 30% Plans and Specifications 3.12.3. Preliminary Bid Items List,Summary of Quantities, and Engineers Estimate 4. Task 4-Construction Documents (90%) In the Construction Document phase, design decisions previously made are compiled into biddable plans for contractors.There are still design decisions being made in this phase, but most items, especially those that cost significant amounts, are finalized. Permitting will be accomplished using the 90% plan set in Task 4.Two scheduled reviews will be accomplished during this phase allowing the PC group the opportunity to review and comment on the plans. 4.1. Revise 30% park plans to incorporate PC group comments. 4.2. Prepare 90%Construction Documents for all non-architectural park elements including plans, elevations, sections, and details.This assumes no architectural elements are included in the Phase 1 package. 4.3. Prepare project special conditions specifications in WSDOT/APWA format. 4.4. Reviews and Meetings 4.4.1. Prepare agenda for and meet weekly with the COSV Project Manager. 4.4.2. Prepare agenda for and meet at least monthly with the PC group. 4.4.3. 60%CD Page Turn Review 4.4.4. 90%CD Page Turn Review 4.4.5. Prepare final cost estimate using Bid Items list 4.5. Deliverables 4.5.1. 90% Plans and Specifications 4.5.2. Final Engineer's Estimate and Bid Item List 4.6. Reviews and Meetings 4.6.1. Prepare agenda for and meet weekly with the COSV Project Manager. 4.6.2. Prepare agenda for and meet at least monthly with the PC group. 5. Task 5—Management Reserve Fund The objective of this task is to provide a contingency fund that may be used for unanticipated work or for additions to the design. If needed, a separate scope and fee estimate will be prepared by the Consultant for review and approval by the City Project Manager. Potential items could include the following: • Campus monument signage • Campus wayfinding(maps and locator signs) • Interpretive sign graphic development • Additional topographic survey • Additional 3D rendering graphics (R rH B L I Page I 5 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 Table 2-Balfour Park Improvements Completion Matrix Item Description Percent Phase 1 Complete Library Project Elements Identified in the Master Plan Reading Garden N/A Mini-Amphitheater N/A Interpretive Trail N/A Park Project Structures Multi-purpose Shelter/Band Shell 30% Renovated existing restrooms _ 30% New Restrooms 30% Picnic Shelter 30% Park Project Elements Grading and Drainage 90% Sewer,Water,Storm, Power Infrastructure 90% Internal Pathways and Pedestrian Circulation 90% Temporary Facilities 90% Multi-use Plaza 90% X Phase 1 Parking Lots and Vehicular Circulation (-50 Total Spaces) 90% X Future Parking Lots and Vehicular Circulation (-110 Total Spaces) 90% Main Amphitheater Grading;Capacity_TBD_ 90% X Large Open Play Areas 90% X Trash/Maintenance Services Structure 90% Decorative Concrete'River' 90% Site Lighting 90% X Public Art(2 locations) 90% X Water Features 90% STA Bus Stop 90% X Interpretive Displays 90% Sprague Pedestrian Crossing 10% "The Grove"Cultural History Court 90% Internal Gateway Signage 90% Sprague Ave. Monument Signage 90% X Splash Pad 90% Replace or Relocate Existing Playground Structure 90% X Additional Playground Structures 90% Volleyball Court 90% Basketball Court 90% X Looped Pathways 90% X Farmer's Market/Food Truck Infrastructure 90% X Pickleball court(s) 90% Decorative Fencing 90% Site Furnishings(benches,trash, bike racks, bollards,tree grates,drinking 90% X fountains, planters, handrails and guardrails) A H B ! L Page 16 City of Spokane Valley-Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 Billing Summary Tasks will be billed on a time and expense basis, not to exceed the amount shown below without prior authorization from the City. Tasks shown on the invoice will match the task numbers shown below. Attached is a detailed task hour breakdown estimate used to develop this fee. PROJECT SUMMARY Basic Services AHBL Fees Subconsultant Subtotal Fees TASK 1 Project Management and Administration $ 4,569 $ 4,569 TASK 2 Schematic Planning $ 35,550 $ 2,840 $ 38,390 TASK 3 Design Development(30%) $ 70,489 $ 54,350 $ 124,839 TASK 4 Full Park Construction Documents(90%) $ 71,695 $ 10,880 $ 82,575 TASK 5 Management Reserve Allow $ - $ 35,000 TASK 6 Future Task $ - $ - $ - TASK 7 Future Task $ - $ - $ - TASK 8 Future Task $ - $ - $ - Basic Services Subtotal $ 182,303 $ 68,070 $ 285,373 Other Services Task 2.1 Geotechnical Report $ 13,300 Task 2.2 Cultural Resources Survey $ 7,300 Task 3.1 3D Model and Renderings(3 views total) $ 16,200 Other Services Subtotal $ 36,800 Project Total Fees $ 322,173 Reimbursable Expenses Estimate $ 4,000 Project Total $ 326,173.04 Please note: In providing opinions of cost, Consultant has no control over cost or price of labor and materials, unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs, competitive bidding procedures and market conditions,time or quality of performance by operating personnel or third parties, and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City's actual project costs will not vary from Consultant's opinions, analyses, projections, or estimates. R 1H B IL Page I7 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 Exhibit A-1: Public Outreach Approach PHASE 1: PUBLIC ENGAGEMENT The City has been planning the expansion of Balfour Park and new library since 2013 when the City and the library district entered into an agreement to acquire the site adjacent to the existing Balfour Park. Open houses were held with the public to develop a conceptual site plan and a steering committee was formed to guide the development of the site. In 2019, a further effort was taken to validate the 2013 conceptual site plan/master plan through the development of an updated master plan which would allow the City's Parks Department to pursue funding opportunities as part of their Parks and Recreation Master Plan. The purpose of this outreach effort is to confirm the goals and priorities identified in the 2013 and 2019 master planning efforts and solidify a design for Phase 1 of the Balfour Park improvements which will be sent out for bid in early 2022. We propose a public engagement strategy that focuses on 1) information dissemination, 2) confirming goals and priorities that were identified in previous master planning efforts, and 3) prioritizes park elements based on the City's budget and public needs. A. Public Engagement Strategy AHBL will develop a formalized public engagement strategy that will be updated and maintained on the City's website to provide the public and stakeholders with information about how their feedback will be incorporated into the final design for Balfour Park.The Public Engagement Strategy will include methods for soliciting feedback from stakeholders and may include the following methods: • Preparation of a survey which will affirm the goals of the prior master planning efforts while prioritizing proposed park elements for inclusion based on the City's budget and public needs; • One public workshops/open house,to be held in-person or virtually as the pandemic and restrictions on in-person gatherings allow. B. Prepare Survey We will prepare questions for inclusion in a survey for the City's review.These questions will generally be focused on confirming the goals of the prior master planning efforts and prioritizing park elements for inclusion in the proposed park design.The survey will be disseminated via the City's website, social media channels, or other appropriate methods as discussed with the City. If the City maintains an email listserv, AHBL will provide an email template that can be sent to the community with the link to the survey and requesting participation. C. Public Open House �F1 rH B 'L Page 18 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 AHBL's planners and landscape architects will facilitate one public open house workshop to solicit input from the general public.A second meeting will held at a regularly scheduled City Council meeting and will focus on informing the community about the proposed project and workshop outcomes. These meetings can be designed to be appropriate for in-person or online participation.At this point we assume that the open houses will be in-person, as the pandemic allows, however the City should make accommodations for those whose comfort level with in-person meetings may be lower but still want to participate in the process. If the City is currently live-streaming its public meetings we can piggy-back on the infrastructure in place at City Hall. We can also use tools like MeetingSift, which shows live visuals and graphics and allows polling on a mobile device during a public workshop or meeting.Tools like MeetingSift allow community members to attend meetings online, as well as contribute in real time,while viewing events live. (p 1-1113 ' Ll Page 19 City of Spokane Valley—Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 Exhibit A-2: Architectural Scope and Approach Thank you for the opportunity to participate in identifying the required scope of work for the City of Spokane Valley's new Balfour Park. The new park will have several architectural elements which we understand are desired to be developed to a level of 30%. Integrus will work with AHBL and the planning committee to understand the context and locations for these features.Through a collaborative process we will identify the size, quality and features of each element.These will be documented with plan, elevation and 3D views for each piece and be sited in the larger park plans by AHBL. Integrus will participate in architectural and structural concept design for the park Amphitheater, Picnic shelter, and restroom facility. During the initial concept phase Integrus will participate with AHBL at planning committee meetings or separate site building meetings as needed. We will engage stakeholders in a workshop format to understand the vision, image and identity for each structure in the park.We anticipate 2-3 sessions will be needed to accomplish those tasks.We will first identify the overall goals and functions and then drill into specific functional details such as required occupants, storage, systems, etc. as needed. These workshop sessions will be documented and illustrated in the broader park concept package.This will include context and inspirational images, process diagrams and notes from the sessions. Each building will have a final program which includes the square footage and other functional requirements. The graphic style for each building will match the overall deliverable format. Please see the attached images for an example of the style of deliverable for this project. We look forward to the next stage of development for this work Sincerely, INTEGRUS ARCHITECTURE, P.S. Steven Clark,AIA Architect I Associate Principal A IH B 'L Page I10 City of Spokane Valley-Balfour Park Scoping Meeting Agenda AHBL No.2210203 May 17,2021 Exhibit A-3: Cultural Resource Survey Scope Cultural resource investigation for the Balfour Park Project will include a review of the Washington Information System for Architectural and Archaeological Records Data (WISAARD) database maintained by the Department of Archaeology and Historic Preservation (DAHP) in Olympia, a background literature review, a pedestrian ground survey, and the preparation of a report. The fieldwork will be completed in a manner consistent with RCW 27.53.030, and will include inspection techniques to identify both surface and subsurface archaeological resources. The proper field methods will be completed, at the archaeologists discretion, depending upon information obtained during the background review and fieldwork. An unmanned aerial vehicle may be deployed for project mapping. Subsurface inspections could involve shovel excavations, or mechanical auger excavations, and screening of the fill to identify the nature and extent of any potential archaeological resources. The purpose of the investigation is to identify any cultural resources which may be adversely affected by the project. The area of potential effect to be investigated is the physical location of the proposed disturbances required by the project. If cultural resources are located during this project,further work, investigation, or analysis may be required to evaluate whether the resource(s) is/are eligible for inclusion on the National Register of Historic Places. This task does not include the formal National Register of Historic Places(NRHP) evaluation of any such resources in or near the project area. An electronic draft copy of the report in Portable Document Format(PDF)will be provided within twenty working days of completion of the field work. Any review and comment upon the draft report will be provided to Plateau within thirty days of receiving the draft report. Plateau will upload the final report to the DAHP's WISAARD portal, and provide contact information to request a review of the documentation. Since the submittal process varies by funding and permitting agency, Plateau will assist with submissions and verify that the reports are submitted with all appropriate cover sheets and/or exhibits. R �H g Page 111 DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE This page has been inserted in place of the page(s) entitled "Exhibit B-1/Consultant Fee Determination Summary Sheet" of a contract document which sets forth the rates charged by the contracting entity. Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this record may be available for disclosure upon request for review by a third party. However, pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the contracting entity notification of any request for this record to allow them time to determine if they wish to seek to obtain a court order requiring the record to be withheld. Please contact the City Public Records Officer at (509) 720-5000 or visit our website at www.spokanevalley.org to complete a Public Record Request to receive a copy of this record. • ® DATE(MM/DD/YYYY) AccoR o CERTIFICATE OF LIABILITY INSURANCE 7/12/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nancy Ferrick AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd., Suite 230 (A/C.No.Ext): 510-272-1400 (A/C,No): Lafayette CA 94549 ADDRESS: nancy.ferrick@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:XL Specialty Insurance Company 37885 INSURED AHBLINC INSURER B:The Travelers Indemnity Company of America 25666 AHBL, Inc. 2215North 30th Street, Suite 300 INSURER C:The Travelers Indemnity Company 25658 Tacoma WA 98403 INSURER D:Travelers Property Casualty Company of America 25674 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2084574258 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. INS ADDL TYPE OF INSURANCE INSD swVD POLICY NUMBER (MM/DDUBR Y/YYYY) (MM/DD//YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6808J59430A 9/11/2020 9/11/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES EaENTEoccu ence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X IMF LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y BA8J595111 9/11/2020 9/11/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) D X UMBRELLA LIAB X OCCUR Y Y CUP8J596642 9/11/2020 9/11/2021 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000✓ DED X RETENTION$1n nnn $ B WORKERS COMPENSATION 6808J59430A 9/11/2020 9/11/2021 PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional DPR9965442 9/11/2020 9/11/2021 $2,000,000 / per Claim Liability $4,000,000 ,/ Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:AHBL Project#2210203.10.40 I Spokane Contract 21-116-Balfour Park Improvements,Spokane Valley,WA. The City of Spokane Valley is named as Additional Insured as respects to General Liability and Auto Liability per policy forms,as required per written contract or agreement.General and Auto Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Glenn Ritter 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 X fr* ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6808J59430A ISSUED DATE: 9/11/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury"or"property damage"occurs or the"personal injury"or"advertising injury"offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808J59430A ISSUED DATE: 9/11/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage" included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s)section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by"your work" at the CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY COVERAGE NAMED INSURED: AHBL,Inc. POLICY NUMBER: 6808J59430A ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIRED BY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The"bodily injury" or"property damage"for which coverage is sought occurs; and (2) The"personal and advertising injury"for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury"or"property damage"that occurs; or b. "Personal and advertising injury"caused by an offense that is committed; subsequent to the signing of that contract or agreement. Page 1 Policy Number: BA8J595111 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowedSECTION II —COVERED AUTOS LIABILITY from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of $1,500 I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; lease; and and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 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