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HomeMy WebLinkAboutPK07-068 - Original - Heffron Transportation, Inc. - Kent Aquatic Center & Community Center Transportation Analysis - 06/01/2007 KENT Wn..11.T.n 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 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: Consultant will perform the transportation analysis for the Kent Aquatic and Community Center in Kent, Washington as described in the Consultant's Scope of Work dated May 14. 2007 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 August 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty- two Thousand Eight Hundred Dollars and NO/100ths ($22,800.00) 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 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 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 CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) i r 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 party 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. 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 VH. 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 shad 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. 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 SERVICES AGREEMENT-2 (Over$10,000) 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. 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. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) A 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 I �T) By- `z212z A-,� (f By: (signature) (signature) Print Name: Maori C Heffron Print Name: Jte Cooke Its Principal Its Mayor (Title) (Tit e/ DATE: 0 5—Z, DATE: O NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Maori C. Heffron Perry Brooks, Project Manager Heffron Transportation, Inc. Kent Parks, Recreation & Community Services 6544 NE 6 1" St 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 523-3939 (telephone) (253) 856-5114 (telephone) (206) 523- 4949 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: en Law Dep ment Kent Aquatic&Community Center Transportation Design 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 day of 12007. By: For: Title: Date: 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. I. 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 Heffron Transportation, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Kent Aquatic & Community Center Transportation Planning Services 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 , 2007. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 r KENT WASHINGTON CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES LETTER OF TRANSMITTAL TO: Marrn C. Heffron DATE: May 14, 2007 Heffron Transportation, Inc. PROJECT: Kent Aquatic Center 6544 NE 61't Street Seattle, WA 98115 [ ] Drawings/Plans [ ] Specifications [ ] Vendor Set Up Form [X ] Contract [ ] Contract Modification [ ] Other copies Descri tion Set Consultant Agreement These are transmitted for the following reason(s): [ ] For approval [ ] For your use [ ] As requested [ ] For review and comment [X] For signature & return [ ] Other REMARKS: Please sign all documents where indicated and return to the address listed below along with a Certificate of Insurance and a separate endorsement naming the City of Kent as additional insured as described in Exhibit B. Please complete, sign, and date the Vendor Set-Up Form,this information is required to process payment.If you have any questions, please call me at (253) 856-5110. If you have questions regarding the legal documents, please contact the City's Legal Analyst, Tammy White at (253) 856,5774. Thank you, Parks and Open Space 220 4th Avenue South Kent, WA 98032-5895 (253) 856-5111, FAX (253) 856-6050 ' �XNr bl� ft heffron May 14,2007 Perry Brooks,LEED Parks& Open Space Planner Kent Parks Department 220 Fourth Avenue S Kent, WA 98032-5895 Subject: Kent Aquatics/Recreation Center Proposal for Transportation Planning Services Dear Brooks, Heffron Transportation, Inc is pleased to present this proposal to perform the transportation analysis for the Kent Aquatics Center, which is proposed to be located on the Naden Avenue site We understand that the transportation analysis will be part of an SEIS Addendum to the Kent Events Center SEIS analysis As part of this work, we propose to collect traffic data at two facilities that are similar to the proposed Kent facility A comparable facility exists in Federal Way, another comparable facility will be determined later Traffic counts at these sites would provide both trip generation and parking demand data for use in the analysis We would also rely on the commuter PM peak hour analysis that we performed for the Kent Event Center as the basis for determining the traffic operational impacts of the proposed aquatics center. Attached are the scope of work and budget estimate that detail our proposed work plan We expect that this work would cost approximately $22,800. If this is acceptable,please send us a standard City of Kent contract We will arrange for the counts to be taken as soon as we have a written notification to proceed and the second site has been identified Please call me at(206)523-3939 if you have any questions. Sincerely, Heffron Transportation,Inc. Mami C Heffron, P E,P T.O.E. President MCIVnich Attachment 6544 NE 61 st Street,Seattle,WA 98115 Phone:(206)523-3939 Fax (206)523-4949 t r Attachment A heffron KENT AQUATICS/RECREATION CENTER PROPOSAL FOR TRANSPORTATION ANALYSIS TO SUPPORT SEIS ADDENDUM Scope of Work The following tasks were developed based on our recent experience on the Kent Events Center. Task 1 —Perform traffic counts at two comparable facilities. We would have new counts performed at two aquatics/recreation facilities that are similar to what is proposed in Kent Federal Way has a very comparable facility, another comparable facility will be identified later We would commission 72-hour driveway counts at each location to obtain both trip generation data(daily and peak hour trips)and peak parking demand data We will compile these counts to derive a trip generation and parking demand rates to apply for the Kent Aquatics Center The City of Kent to provide the size and program information for each of the surveyed facilities We have assumed that up to six machine counts would be required Task 2—Determine trip pattern and assign traffic.We will derive a trip distribution pattern based on the local population density and location of comparable facilities We will coordinate with City of Kent staff to-validate the pattern We will assign the project trips for the aquatics center to the Naden Avenue site based on this trip distribution pattern and our knowledge of travel routes in Kent Task 3—Determine level of service.We will use existing and future traffic forecasts developed for the Kent Events Center SEIS to evaluate the traffic operations impacts of the aquatics center Level of service will be performed for intersections in the site vicinity that would be affected by 20 or more PM peak hour trips Task 4—Determine parking impacts.Using the parking demand information derived in Task 1,we will assess the potential parking impacts of the aquatics center If off-site parking is expected,we will evaluate the impact to both on-street parking and off-street private parking lots Task 5—Develop mitigation. We will determine if off-site and/or site access improvements would be required along Meeker Street to accommodate the aquatics center Improvements might include a traffic signal and intersection revisions at Meeker Street/Lincoln Avenue. We will also determine whether a left-turn lane would be required at the site driveway(s) Task 6—Prepare Transportation Technical Report. The results of our analyses will be documented in a report with tables and graphics where appropriate Our budget assumes up to three rounds of internal review for this report Task 7—Prepare transportation section for SEIS Addendum.We will prepare a condensed version of the technical report for the SEIS Addendum. We have assumed two rounds of review for this element Task 8—Attend meetings.We have assumed our attendance at up to five project coordination meetings with the project team. May 14,2007 Attachment A(cont) heffron Kent Aquatics/Recreation Center . . Budget Estimate The following table presents our estimated budget for the detailed scope of work presented above. We estimate that all tasks would cost approximately$22,800 All work for this project will be bille d on a time-and-materials basis not to exceed the budget amount If additional work outside this scope is required,we will work with y ou to adjust our scope and budget Table 1 Budget Estimate for Kent Aquatics/Recreation Center Hour Estimate QC Principal Sr Transp Transp Analysis Tasks Principal Prol Mn r En rlPlnr En r Cost Task 1—Trip Generation 1 8 2 10 Task 2—Trip Distribution Pattern and Assignment 0 4 4 0 Task 3—Level of Service 1 8 20 0 Task 4—Parking Impacts 0 6 2 6 Task 5—Mitigation 1 6 6 0 Task 6—Technical Report 4 12 12 4 Task 7—Transportation Section for SEIS Addendum 1 8 4 0 Task 15— Meetings(5) 0 20 0 0 Total Hours 8 72 50 20 Year2007 Hourly Labor Rates $158 $168 $115 $85 Total Labor Costs $1,264 $12,096 $5,750 $1,700 $20,810 Expenses&Direct Reimbursables Traffic Counts at Other Facilities(6) $1,200 Graphics(vendor) $400 Travel(Mileage&Parking) 400 Total Reimbursable Costs $2,000 Total Cost for all Tasks&Expenses $22,810 SAY $22,800 May 14,2007 . Y 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 performance 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. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. r EXHIBIT B (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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. a r Client#• 21105 HEFFRTRA ACORDr. CERTIFICATE OF LIABILITY INSURANCE 05124107°"Y""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble&Prentice,a USI Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 601 Union Street,Suite 1000 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle,WA 98101 206 441-6300 INSURERS AFFORDING COVERAGE NAIC It INSURED w$URERA United States Fidelity and Guaranty 25887 Heffron Transportation,Inc. wsURERB St Paul Fire and Marine Insurance Co 24767 6544 NE 61st Street :N URERC Seattle,WA 98115 'SURER. INSURER 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 IRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE(MMtDDIYYE PDATE MPOLICYIEFFECTIVOLICY PDDIYYI LIMITS A GENERAL LIABILITY BKO1362149 03/18107 03118/08 EACH OCCURRENCE $1 DDD DDD X COMMERCIAL GENERAL LIABILITY PAMAGE TO RENTED 51 DDD DDD CLAIMS MADE O OCCUR MED EXP(Any one person) $10 000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2 DDD DDD GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 11210001000 POLICY X PRO- POLICY JECT El A AUTOMOBILE LIABILITY BKO1362149 03/18/07 03118/08 COMBINED SINGLE LIMB ANY AUTO (Ea accident) $1,0DD,DDD ALL OW NED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperson) $ X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ 1$ A WORKERS COMPENSATION AND BK01362149 03/18l07 03/18/08 TWC CRYSTATU- X OTH ER EMPLOYERS LIABILITY (WA Stop Gap) EL EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $1,000,000 If yes,descnbe under SPECIAL PROVISIONS below JEL DISEASE-POLICY LIMIT $1,OD0,000 B OTHER Professional QP0380058D 07/01106 07101/07 $1,000,000 per claim Liability $1,000,000 annl aggr DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE, Kent Aquatics 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 45 DAYS WRITTEN Attn. Perry Brooks NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 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 #S217379/M211543 6MT 0 ACORD CORPORATION 1988 1 a � IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pohcy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) 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 msurer(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(2001108) 2 of 2 #S217379/M211543 Policy Number: BKO1362149 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies 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,I.. (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 12) "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 Paragraph2.below organization would have In the absence of the contract or agreement, 2 The following is added to SECTION II. 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 Ic) "Your work" performed far the the"personal Injury" or"advertising injury" Is insured,or first committed,but only with respect to that (4) "Bodily person's or organization's liability arising out " injury', ry". "property damage", personal injury" or "advertising injury" of "your work" for that person or arising out of any architect's, engineer's organization or surveyor's 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,englneeror surveyor (1) "Bodily Injury", "property damage", "personal Injury" or "advertising Injury" 3. The following is added to SECTION II. WHO IS AN that does not arise out of INSURED CL/0F26 09 09 03 Includes copyrighted material of Insurance Services Office with as 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 "bodily 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 III. 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 Required By Written Contract of SECTION II. arising out of each location listed in the WHO IS AN INSURED,2. Schedule of Premises or each of "your projects",and a. Because of payments we make for "bodily injury" The following replaces SECTION IV. CONDITIONS, "property damage", "personal injury" 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 H.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 8 The following are added to SECTION V. contract or agreement, that this DEFINITIONS insurance must be primary to, and non- contributory with, such "other CL/BF26 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 CUBF26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission Page 3 of 3 Copyright,Insurance Services Office,Inc 2001