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HomeMy WebLinkAboutPL06-266 - Original - Heffron Transportation, Inc. - Traffic Analysis for Event Center Project - 09/20/2006 Records Man dgernen KENT Document W ASNiNGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Vendor Number: JD Edwards Number Contract Number: Pt OG This is assigned by Deputy City Clerk Description: a Alwwu Detail: Project Name: L1 wYC�Y� Contract Effective Date: 2 _ Termination Date: 3 I Y t�-�- Contract Renewal Notice (Days): Number of days required notice for termination 6r renewal or amendment Contract Manager: Vj IA Department: Abstract: 5 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Heffron Transportation, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Heffron Transportation, Inc organized under the laws of the State of Washington, located and doing business at 6544 NE 61s` Street, Seattle, WA 98115 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide consultant services in order to develop, determine, and prepare a traffic analysis for the city's Event Center project to include trip generation estimates, regional trip patterns, travel routes and assignments to roadway network, traffic operations models, parking impacts, and mitigation measures, all in accordance with Consultant's August 17, 2006, Scope of Work, a copy of which is attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by July 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed eighty- four thousand dollars ($84,000) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Attachment B to Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that CONSULTANT SERVICES AGREEMENT- I (Over S1n noo) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other parry thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. If the Kent City Council determines at any time during the duration of this Agreement, including all extensions, to cancel the Event Center project for any reason, then this Agreement shall immediately terminate and the City will pay Consultant for all work completed to the date of termination, based on the attached hourly rates. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents and volunteers, the Consultant's liability 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 PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over SS10 000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product B. Non-Waiver of Breach. 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. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT-3 (Over$10 000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void 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 F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By. (!:f By: (signal e) (signature) Print Name: H,4-je l C• MAN Print a e uorzette Cooke Its %�2£S 1AO�t/� Its: Ma (Title) (Till DATE: PJ DATE: e NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mami C. Heffron, P.E., P.T.O.E. Kim Marousek Heffron Transportation, Inc. Department of Community Development 6544 NE 6 1" Street City of Kent Seattle, WA 98115 220 Fourth Avenue South Kent, WA 98032 (206) 523-3939 (telephone) (206) 523-4949 (facsimile) (253) 856-5436 (telephone) (253) 856-6454 (facsimile) CONSULTANT SERVICES AGREEMENT-4 (Over S10 000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this i day of .$�.,o ✓b¢� , 200�. By: �- For: —)?ANSPD�Tft-rzof 1, rnTC - Title: �'1 R-i anDE� Date: 01 -Jq-0lp EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (,date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 3200 ._ i By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT heffron August 17,2006 Ben Wolters Economic Development Director City of Kent 220 Fourth Avenue S Kent,WA 98032-5895 Subject: Kent Event Center Proposal for Transportation Planning Services Dear Ben, Heffron Transportation,Inc is pleased to present you this proposal for the Kent Event Center We are excited about assisting the City of Kent develop this unique project Our proposed scope of work and budget are based on conversations with you and others at the City It assumes the following key elements: • The event center would have approximately 6,500 seats The City of Kent will provide information related to potential event frequency and attendance. • Two site alternatives will be evaluated:the preferred site north of James Street on existing park property, and an alternate site located north of Willis Street along Naden Avenue • On-site parking for about 1,700 vehicles is desired Off-site parking will likely be needed for many events • Site access and circulation plans are not yet known The transportation analysis will help inform design decisions. • An EIS will be performed for the project.Transportation will be a major element of this EIS. The scope and budget include time to prepare the Draft EIS Scoping for the Final EIS will be performed later in the process • Traffic operations analysis for an event is typically performed for two peak penods• 1)the arriving peak,which coincides with the afternoon commuter peak hour, and 2) the post-event peak,which usually has a higher volume of event traffic that is compressed into a shorter time period but overlaps a period with lower background volumes 6544 NE 61 st Street,Seattle,WA 98115 Phone.(206)523.3939 Fax (206)523-4949 Kent Event Center he f f r on Proposal for Transportation Planning Services August 17,2006 Page 2 Attached are the scope of work and budget estimate that detail our proposed work plan We have attempted to include scope tasks covering the range of potential issues given the limited details currently available for the project After EIS scopmg is complete,we will determine whether additional analysis will be required Overall,we estimate our budget through completion of the Draft EIS to be $84,000. Please call me at(206)523-3939 if you have any questions. Sincerely, Heffron Transportation, Inc. '7n"~ C' �iCV�' Marne C.Heffron, P E,P T O.E. President MCH/mch Attachment A—Scope of Work Attachment B—Budget Estimate Attachment A heffron KENT EVENT CENTER Proposal for Transportation Planning Services through Draft EIS Scope of Work The following tasks were developed based on our knowledge of event center traffic conditions and conversations with City of Kent staff Additional work may be needed pending the outcome of the SEPA Scopmg process Task 1—Develop trip generation estimates.We will develop trip generation estimates for an average- size event and a peak event at the proposed event center We will work with the City of Kent to determine the likely attendance and frequency of various events This should be consistent with information used for the financial analysis Trip generation rates from a variety of sources will be documented for this analysis Since attendance projections may not be finalized until later in the process, we propose to perform initial analysis(to assess study area)using a capacity event of 6,500 persons Task 2—Determine regional trip patterns.We will use regional population and employment statistics to develop a trip distribution pattern for the event center We will work with the City and use information from other similar event centers to assess the likely primary,secondary,and tertiary market areas. The population data will be weighted such that people who live further away from Kent will be less likely to attend events We will coordinate with City of Kent staff to validate the results of this analysis Task 3—Determine travel routes and assign traffic.Using information from Task 2 above,we will determine likely travel routes to each of the altemative sites. We will assign event center traffic to the roadway network Assignments will be prepared for the commuter PM peak hour assuming an average event and a peak event. Separate assignments will also be developed for post-event hour assuming a peak event Two sets of assignments—one for each site—will be prepared Task 4—Determine study area. Using information from Tasks 1,2 and 3,we will determine the streets and intersections that would experience the highest trip increases associated with an event We will work with City of Kent staff to determine which intersections should be included in a study Based on a preliminary review,we estimated that up to 20 intersections could require analysis These are listed in Table 1 below These are major intersections along arterials in the downtown core plus routes to SR 167 and Interstate 5 As previously discussed,we will confirm this study area for a capacity event so that we can commence data collection efforts early in the process We have assumed that the same study area would be established for both event center site alternatives. This will provide a consistent comparison between the two alternatives August 17,2006 Attachment A—Scope of Work he f f r on Kent Event Center Proposal for Transportation Planning Services Page 2 of 3 Table 1 Potential Study Area Intersections Intersections near Preferred Site Intersections near Alternative Site W James StreeV4ih Avenue N Willis Street/SR 167 Southbound Ramps W James StreeVCentral Avenue Willis Street/SR 167 Northbound Ramps W James Street/SR 181 Willis Street/41h Avenue S 228th Streetl4 n Avenue N Willis Street/Central Avenue S 2281h Street/Central Avenue W Meeker Street/Washington Street Central Avenue/SR 167 Southbound Ramp W Meeker Street/Smith Street Central Avenue/SR 167 Northbound Ramp W Meeker Street/Kent-Des Moines Road(SR 516) S 228ih Street/SR 181 Smith Street/Parking Lot Access Smith Streetl4ih Avenue N Potential Other Access Location James Street/Parking Lot Access Potential Other Access Location Task 5—Collect and compile available data. We will collect available traffic count data from the City of Kent. WSDOT, and transit agencies This will include traffic counts, accident data, and transit data We will also contact traffic counting firms to obtain traffic counts that have been performed in the area within the past three years We will compile the data and determine where additional data are needed Task 6—Collect new traffic data. We expect that new PM peak hour counts may be required at up to 15 intersections Additional intersection counts for the after-event period(typically between 9.00 and 11 00 P M)are assumed to be needed at up to 10 intersections We have budgeted for total of 20 new manual turning movement counts We will also commission 7-day machine counts to be performed on James Street adjacent to the preferred site, as well as on 4`h Avenue These will be used to show the difference in volumes between the commuter PM peak hour and the post-event peak hour. It will also be used to show the difference in volumes by day of week We will compile all of the traffic volumes and show on a map Task 7—Forecast future traffic volumes. We will work with the City of Kent to develop future traffic forecasts for one future analysis years (e g , five years after opening) We may use information from the City of Kent's traffic model for this purpose We have budgeted an additional $3,000 to contract with the City of Kent's traffic modeling firm(Mirai Associates) for this effort We expect that it may involve comparing existing and future model data to develop growth rates for specific arterials We have assumed that forecasts would be needed for two analysis hours the commuter PM peak hour and the post-event period The project traffic assignments developed as part of Task 3 would be added to the future traffic forecasts to represent conditions with the event center. Task 8—Develop traffic operations models. We will develop Synchro traffic operations models for the study area We will collect roadway geometric and signal operations data from the field as well as from the City of Kent and WSDOT as needed We will calibrate the models to existing conditions Models will be needed to evaluate the PM peak hour and the post-event hour August 17,2006 Attachment A—Scope of Work h e f f r o n Kent Event Center Proposal for Transportation Planning Services Page 3 of 3 Task 9—Determine level of service.We will use the Synchro models to determine intersection levels of service for future without-and with project-conditions One future year will be evaluated. The following summarizes the analysis scenarios that are assumed as part of this scope of work and budget estimate As shown,we have assumed that 10 scenarios would be evaluated. Table 2 Summary of Operations Analysis Scenarios Future Year Without With Project With Project Time Period to Analyze Existing Project at Site 1 at Site 2 Commuter PM Peak Hour X X With an Average Event X X With a Peak Event X X Post-Event Hour X X With a Peak Event X X Task 10—Collect existingparking information.We will perform an inventory of off-site parking P g P rY P $ supply that could be used for events We will work with the City of Kent to determine likely locations for this analysis (including on-street parking and off-street properties) We will collect supply information and then perform a demand count of candidate locations beginning in the early evening on a weekday(the likely arrival time for an evening event) We will also perform a demand counts midday and in the evening on a Saturday. Task 11 —Determine parking impacts.Once the number of proposed on-site parking spaces is known,we will determme the potential off-site parking impacts of the project We will determine the likely influence areas(where patrons could park) for different event sizes Task 12—Develop mitigation.We expect that the traffic and parking mitigation will include three components • Physical infrastructure improvements such as the number and location of site access points,pedestrian infrastructure, and off-site roadway improvements. • Operational measures such as police or other traffic control before and after events, egress routing plans, and other measures • Policy changes such as increased parking enforcement and changes in on-street parking control. We will work with the City of Kent to develop a package of improvements and conditions under which various measures would be enacted(e g,different egress plans might be used for different size events). August 17, 2006 Attachment A—Scope of Work h e f f r o n Kent Event Center Proposal for Transportation Planning Services Page 4 of 3 Task 13—Prepare Transportation Technical Report.The results of our analyses will be documented in a report with tables and graphics where appropriate A draft report will be submitted for review as part of the Preliminary Draft EIS We expect up to three rounds of internal review for this report Task 14—Prepare transportation section for Draft EIS.We will prepare a condensed version of the technical report for the DEIS We have assumed two rounds of review for this element Task 15—Attend meetings.We have assumed our attendance at up to ten project coordination meetings with the project team This could include the EIS Scopmg meeting as well as design meetings with the project architect August 17,2006 Attachment B heffron KENT EVENT CENTER Proposal for Transportation Planning Services through Draft EIS Budget Estimate The following table presents our estimated budget for the detailed scope of work presented in Attachment A above. We estimate the budget for all work through the DEIS to cost S84,000, the hours by personnel are shown All work for this project will be billed on a time-and-materials basis not to exceed the budget amount If the project team or EIS Scopmg process identify additional work tasks,we will work with you to adjust our scope and budget Table 3 Budget Estimate for Kent Event Center Hour Estimate QC Principal Sr Transp Transp Analysis Tasks Principal Pro.Mn r En r/Plnr En r Cost Task 1—Trip Generation 2 8 4 0 Task 2—Trip Distribution Pattern 2 12 16 8 Task 3—Travel Routes&Assignments 0 4 12 0 Task 4—Study Area 0 2 6 0 Task 5—Available Data Collection and Compilation 2 4 20 24 Task 6—New Data Collection and Compilation 0 4 16 12 Task 7—Future Volume Forecasts 0 8 12 0 Task 8—Traffic Operations Models 6 12 40 20 Task 9—Level of Service 2 8 20 20 Task 10—Parking Inventory 2 8 16 40 Task 11 —Parking Impacts 4 6 12 0 Task 12—Mitigation 8 16 20 0 Task 13—Technical Report 8 20 60 20 Task 14—Transportation Section for DEIS 4 8 16 0 Task 15— Meetings(10) 0 20 40 0 Total Hours 40 140 310 144 Year 2006 Hourly Labor Rates $160 $150 $115 $82 Total Labor Costs $6,400 $21,000 $35,650 $11,808 $74,858 Expenses&Direct Reimbursables Traffic Counts(20 intersection and two 7-day counts) $4,300 Graphics(vendor) $1,000 Traffic Modelling $3,000 Travel(Mileage&Parking) 850 Total Reimbursable Costs $9,150 Total Cost for all Tasks&Expenses $84,008 SAY $84,000 August 17,2006 EXHIBIT B Insurance Requirements For Consultant Services Agreements Insurance The Contractor 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 perfonnance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington 3. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than S1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and S1,000,000 policy aggregate limit C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. 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. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M Best rating of not less than AN II. II. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Y Client#:21105 HEFFRTRA ACORDTa CERTIFICATE OF LIABILITY INSURANCE 09911aiosD""""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northwest of Washington ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1001 Fourth Avenue,Suite 1800 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle,WA 98154 206 695-3100 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER US F &G Insurance 25887 Heffron Transportation,Inc. INSURER B St Paul Insurance Company of IL 24805 6544 NE 61st Street INSURER C Seattle,WA 98115 INSURER D INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD TYPE OF POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MM/DD/YY DATE MMIDD/YV A GENERAL LIABILITY BKO1362149 03/18/06 03/18/07 EACH OCCURRENCE $1 000 OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1,000,000 CLAIMS MADE F OCCUR MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1,000,000 GENERALAGGREGATE s2,000,000 GE N L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY51 jEC LOG A AUTOMOBILE LIABILITY BKO1362149 03/18/06 03/18/07 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea aceadenl) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND BKO1362149 03/18/06 03/18/07 TWORCS LIMIT- X OTR EMPLOYERS'LIABILITY ANY PROPRIETOFUPARTNEWEXECUTIVE (WA Stop Gap) EL EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUOEDn EL DISEASE EA EMPLOYEE $1,000,000 11 yes,describe under SPECIAL PROVISIONS below EL DISEASE POLICYLIMIT $1,000,000 B OTHER Professional QP03800580 07/01/06 07/01/07 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Kent Event Center The City of Kent is named as an Additional Insured on the General Liability Policy, with respects to operations of the Named Insured. Coverage is Primary and Non-Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL A5, DAYS WRITTEN Attn: Kim Marousek NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL 220 Fourth Avenue S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032-5895 REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 Of 2 #M196584 6MOJU 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25-S(2001/08) 2 of 2 #M196584 Policy Number. BKO1362149 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement mod lflies insurance provided under the following LIABILITY COVERAGE PART 1 The following replaces the final paragraph of (a) Your negligence,or SECTION II.WHO IS AN INSURED,1. (b) The negligence of another person or However, no person or organization is an insured organization for whom you are with respect to the conduct of any current or past liable, partnership, joint venture, limited liability company or trust that is not shown as a Named (21 "Bodily injury", "property damage'' Insured in the Liability Coverage Part "personal injury" or "advertising injury" Declarations This provision does not apply to you, for which such person or organization for your participation in any past or present has assumed liability in a contract or "unnamed joint venture", or if that person or agreement, except for liability for organization is otherwise an insured under damages that such person or Paragraph 2.below organization would have in the absence of the contract or agreement, 2 The following is added to SECTION 11. WHO IS AN INSURED,2. (3) "Property damage"to. Person Or Organization Required By (a) Property owned, used or occupied Written Contract by, or loaned or rented to, such person or organization, Any person or organization that you agree to add as an insured under this Liability (b) Property over which such person or Coverage Part in a written contract or organization is for any purpose agreement that is made before, and in effect exercising physical control,or when, the "bodily Injury" or "property damage" occurs or the offense that causes (c) "Your work" performed for the the"personal Injury" or"advertising injury" Is insured,or first committed, but only with respect to that l person's or organization's liability arising out IQ) "Bodily injury', "property damage', of "your work" for that person or "personal injury' or "advertising Injury" arising out of any architect's, engineer's organization or surveyors rendering of, or failure to However, such person or organization is not render, any "professional service", when an insured with respect to any such person or organization is an architect,engineer or surveyor (1) "Bodily Injury", "property damage", 3 The following Is added to SECTION II. WHO IS AN "personal Injury" or "advertising Injury"that does not arise out of INSURED CUBF 26 09 09 03 Includes copyrighted material of Insurance Services office with its permission Page 1 of 3 Copyright,Insurance Services Office,Inc 2001 "Unnamed Joint Venture" Insurance" This Insurance will then be applied as primary insurance for You are an Insured for your participation in any damages for "bodly injury", "property past or present'unnamed joint venture' damage", "personal Injury" or However,you are not an Insured if the "unnamed "advertising injury" to which this joint venture"has Insurance applies and that are Incurred by such person or organization, and we a. Direct employees,or will not share those damages with such "otherinsurance" b. Owns, rents, or leases any real or personal property 6. The following is added to SECTION IV CONDITIONS, 5. "Other Insurance", b. Excess No other member or partner, or their spouses, of Insurance: any past or present"unnamed joint venture' is an Insured This insurance is excess over any "other insurance' whether primary, excess, The following replaces SECTION Ill. LIMITS OF contingent or on any other basis that is LIABILITY,2.b. available to you for your participation in any past or present"unnamed joint venture' b. Will apply separately to the sum of all 7 The following is added to SECTION IV. (1) Damages because of "bodily injury" and CONDITIONS, 8. Transfer Of Rights of Recovery "property damage', under SECTION I. And Proceeds Against Others To Us. COVERAGE,A.Liability above,and However, we waive any right of recovery and (2) Medical payments for "bodily injury', proceeds we may have against any person or under SECTION I. COVERAGE, B. organization that is added as an additional insured Medical Payments above, under the Paragraph Person Or Organization arising out of each location listed in the Required By Written Contract of SECTION ILWH0ISANINSURED,2. Schedule of Premises or each of "your projects", and a. Because of payments we make for "bodily injury", "property damage", "personal injury" The following replaces SECTION IV. CONDITIONS, or "advertising injury" arising out of "your 5."Other Insurance",a.Primary Insurance,(2): work" in ongoing operations or included in (2) However, this insurance will be the "products-completed operations hazard", considered primary to, and non- and contributory with, 'other insurance' b. Performed under a written contract or issued directly to a person or agreement that is made before,and in effect organization added as an additional when, the "bodily injury' or "property insured under SECTION II.WHO IS AN damage" occurs or the offense that causes INSURED,2. the"personal injury" or"advertising injury" is (a) Paragraph h. Certain Additional committed,and Insureds By Contract or c. You specifically agree in such written Agreement, or contract or agreement to waive those rights (b) Persons Or Organizations of recovery and proceeds for such person or Required By Written Contract, organization if you specifically agree, in that written B. The following are added to SECTION V. contract or agreement, that this DEFINITIONS insurance must be primary to, and non- contributory with, such 'other CUBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission Page 2 of 3 Copyright,Insurance Services Office,Inc 2001 "Unnamed joint venture" means any joint venture in which you are a member or partner where a. Each and every one of your co-ventures in that joint venture Is an architectural, engineering or surveying firm,and b. That joint venture is not named In the Liability Coverage Part Declarations "Your premises" means any premises, site, or location owned or occupied by,or rented to,you "Your project" a. Means any premises, site or location at, on, or In which "your work" is not yet completed, and b. Does not Include "your premises" or any location listed in the Schedule of Premises All other terms of your policy remain the same CUBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission Page 3 of 3 Copyright,Insurance Services Office,Inc 2001 4 AP ROVED AS TO FORM: 1 en Law D arnt CONSULTANT SERVICES AGREEMENT-5 (Over$10,000)