Loading...
HomeMy WebLinkAboutAD08-086 - Original - Heffron Transportation, Inc. - Assist in Preparation of Traffic & Parking - 06/06/2008 • KENT WAS H IN G T O N CONSULTANT SERVICES AGR EMENT between the City of Kent nd Heffron Transportation, I c. THIS AGREEMENT is made between the City of Kent, a Wa hington 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 615t Stre t, Seattle, WA 98115, (206) 523-3939 (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: Assist the City of Kent with it's preparation of the traffic a d parking management plans for the Kent Events Center project, in accordance with Consultant's April 9, 2008, Proposal attached and incorporated as Attachment A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional pr ctices within the Puget Sound region 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 ork described in Section I by March 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time a d materials, an amount not to exceed Twenty-Six Thousand Dollars and no/100fo the services described in this Agreement. This is the maximum amount to be pai under this Agreement for the work described in Section I above, and shall not a exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this 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 attached Attachment B. B. The Consultant shall submit monthly payment i voices 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 f rty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) an invoice. If the City objects to all or any portion o 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 i tend that an Independent Contractor-Employer Relationship will be created by this Agreeme t and that the Consultant has the ability to control and direct the performance and details of its ork, 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 Ci y 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 t e 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 ace, 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 P licy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, ind mnify and hold the City, its officers, officials, employees, agents and volunteers harmless fro any and all claims, injuries, damages, losses or suits, including all legal costs and attorn y 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 thi 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 concurren negligence of the Consultant and the City, its officers, officials, employees, agents and volun eers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligenc . IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, S LELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDG THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expir tion or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and m intain for the duration of the Agreement, insurance of the types and in the amounts described in Attachment C attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT -- 2 (Over $10,000) 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 c eated 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 shal 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 pr ject 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 appr val of the City and shall be subject to the City's general right of inspection to secure satisfactZ completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety f its employees, agents, and subcontractors in the performance of the contract work and shall tilize 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 rticles 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 ecyclable products whenever practicable. A price preference may be available for any designat d 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 Agreem nt, 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 Washin ton. 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, differ nce or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of t e King County Superior Court, King County, Washington, unless the parties agree in writing to a alternative dispute resolution process. In any claim or lawsuit for damages arising from th parties' performance of this Agreement, each party shall pay all its legal costs and attorney' fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition t any other recovery or award provided by law; provided, however, nothing in this paragraph hall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this greement shall be sent to the parties at the addresses listed on the signature page of the Ag eement, unless notified to the contrary. Any written notice hereunder shall become effective th ee (3) business days after the date of mailing by registered or certified mail, and shall be dee ed sufficiently given if sent to CONSULTANT SERVICES AGREEMENT -- 3 (Over $10,000) the addressee at the address stated in this Agreement or su h other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by ei�her party without the written consent of the non-assigning party shall be void. If the non-assigr�hing 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 conse t. F. Modification. No waiver, alteration, or modification f any of the provisions of this Agreement shall be binding unless in writing and signed by a dul authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and term of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verb I statements of any officer or other representative of the City, and such statements shall not b 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 containe in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to co ply with all federal, state, and municipal laws, rules, and regulations that are now effective or i the future become applicable to Consultant's business, equipment, and personnel engaged i operations covered by this Agreement or accruing out of the performance of those operations I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreeme t, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By:t2z�� By: (signature) (signature) Print Name: ,L�/i C- Pri Na Su a Cooke Its f'�s10 W7— Its M or (title) DATE: ��S'-z3—ate DATE: 6 CONSULTANT SERVICES AGREEMENT -- 4 (Over $10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Marni C. Heffron, P.E., P.T.O.E Ben Wolters, Eco omic Development Director 6544 NE 61st Street City of Kent Seattle, WA 98115 220 Fourth Aven a South Kent, WA 98032 (206) 523-3939(telephone) (206) 523-4949 (facsimile) (253) 856-5703 (telephone) (253) 856-6700 (facsimile) APPROVED AS O FORM: Ke t L w e art ent CONSULTANT SERVICES AGREEMENT -- 5 (Over $10,000) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTU ITY POLICY The City of Kent is committed to conform to Federal and State law regarding equal opportunity. As such all contractors, subcontractors and suppliers who perfo m 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 ity deems necessary for any contractor, subcontractor or supplier on this specific Agreement o adhere to. An affirmative response is required on all of the following questions for this Agre ment to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents hemselves with regard to the directives outlines, it will be considered a breach of contract an it will be at the City's sole determination regarding suspension or termination for all or part o the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy n imber 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, ill 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 he requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 0.3 day of �''1 , 200 8. By: �2 �' For: yEF.F�er/ 7 �s>�o,���c�,✓ �.✓C. Title: Date: OS'-L.3-46 EEO COMPLIANCE DOCUMENTS - 1 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DA E: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED Y Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Ken will conform to federal and state laws. All contractors, subcontractors, consultants and suppli rs of the City must guarantee equal employment opportunity within their organization and, if hoI ing Agreements with the City amounting to $10,000 or more within any given year, must take t e 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 ilifully disregards the City's nondiscrimination and equal opportunity requirements shall be c nsidered 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 respe tive departments. 1. Ensuring that contractors, subcontractors, consultants, a d suppliers subject to these regulations are familiar with the regulations and the City's qual employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local I ws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIAN E 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-menti ned company was the prime contractor for the Agreement known as that wa 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 obli ations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent qual Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 heifrn April 9,2008 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 continue assisting the City ofJ ent with its Events Center project. This proposal is to assist the City with preparation of the trafficnd parking management plans for the project. The Kent Events Center is planned to be open in 10 2008 or early 2009, and we will know that opening date by July 1 s`. Any parking or traffic manament measures should probably be in place(or be ready to install)by November of next year. mmunity input is still required for some elements of the plan such as the North Park RPZ and xaffic control measures along 5ffi Avenue. Heffron Transportation would assist City staff with preparing the traffic and parking management plans. Attached are the scope of work and budget estimate that detail o proposed work plan. Overall, we estimate our budget for this work to be about$24,000. We expect th t this work would extend beyond facility opening into Spring of 2009. Please call me at(206) 523-3939 if you have any questions. Sincerely, Heffron Transportation, Inc. Marni C. Heffron,P.E., P.T.O.E. President MCH/mch Attachment A—Scope of Work Attachment B—Budget Estimate 6544 NE 61st Street, Seattle,WA 98115 Phone:(206)523-3939 Fax:(206)523-4949 Attachment A e r on KENT EVENT CENTER Proposal for Traffic and Parking Management PI a n Assistance Scope of Work We have estimated the following work tasks based on our past work on i his project. Heffron Transportation would work with City staff to perform the needed community outreach and to finalize details about the Event Traffic and Parking Management Plan. Task 1 —Meet with North Park neighbors to discuss potential RPZ. We will attend up to three meetings with the North Park neighborhood to discuss the potential resi ential parking zone(RPZ)for that neighborhood. If the neighborhood is interested in the program,we ill work with them to develop the program implementation details(e.g.,how vehicles would be permi ed,number of permits per household, guest-permit process,and renewal terms). Task 2—Work with City to implement RPZ.Based on the outcome o Task 1,we will work with City staff to determine how the program will be implemented. This could include working with City staff to draft ordinance language to establish the program and allow Ci police or parking enforcement officers to ticket offenders. Task 3—Review directional signage plan for Event Center. We will ork with City staff(or a design consultant)to review the signage plan directing motorists to the vent Center and remote parking lots. This would include reviewing the text and location of the signs. Task 4—Define enforcement plan for Kent Station.If needed,we wi 1 meet with the owners and managers of Kent Station to determine how best to discourage event att ndees from parking at Kent Station. This will also include meeting with City staff to discuss availa le options with which the City can assist. Task 5—Assist with preparing event traffic management personnel In the months leading up to the facility's opening day,we will attend up to three meetings with City sta to discuss event traffic control. These meetings should include traffic and police staff who may be invo ved in directing(or overseeing) traffic control. This task would include joint(City and Heffron Transpo tion staff)preparation of traffic control maps for various levels of attendance that show the locat on of control personnel,turn prohibitions,barricades,and other features. Task 6—Observe opening day traffic and parking and recommend improvements.We have budgeted to have up to two staff available in the field on opening day t observe operations and recommend improvements(perhaps in real time). Information from the a observations and recommendations can be cycled back into the event management plan t improve overall operations for subsequent events. April 9,2008 Attachment B heffron KENT EVENT CENTER Proposal for Traffic and Parking Management Plan Assistance 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 this work to be about$24,000.All ork for this project will be billed on a time-and-materials basis not to exceed the budget amount. If he project team identifies additional work tasks,we will work with you to adjust our scope and bu get. Table 1. Budget Estimate for Kent Event Center Traffic and Parki g Management Plans Hour Estimate Senior Trans. Phase 1 —Task Principal Engineer Engineer Cost Task 1 —Meet with North Park Neighbors 18 0 0 Task 2—Develop RPZ implementation details 24 8 0 Task 3—Review signage plans 12 0 0 Task 4—Meet with Kent Station 12 0 0 Task 5—Assist with Enforcement Plans 32 12 0 Task 6—Observe operations and improve plans 20 10 10 Total Hours 118 30 10 Hourly Labor Rates(2008) $176 $116 $94 Labor Costs $20,768 $3480 $940 $25,188 Expenses: Travel and Parking $800 Total Costs $26,000 April9, 2008 ATTACHMENT C INSURANCE REQUIREMENTS I FOR CONSULTANT SERVICES AGREE ENTS 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 b written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, y roducts-completed operations,personal injury and advertising inj w y, and liability assumed under an insured contract. The Commc rcial General Liability insurance shall be endorsed to provide the Aggr gate Per Project Endorsement ISO form CG 25 03 1185. 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 usin ISO additional insured endorsement CG 20 10 11 85 or a subst tute 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 a Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a mimmun.combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall b written with limits no less than $1,000,000 each occurrence, $2,000,0 0 general aggregate and a$1,000,000 products-completed operation aggregate limit. ATTACHMENT C (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, th following provisions for Automobile Liability and Commercial General Liability insur ce: 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 cove age shall not be ri cancelled by either party, except after thirty (30) days prior w en 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 a1 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 rai ing of not less than A:VII. 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 po icies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance require nents as stated herein for the Contractor. Client#:333761 H FFRTRA ACORDT, CERTIFICATE OF LIABILITY INSU NCE 612/0$MIDDmYY) PRODUCER THIS CERTIFICATE IS IS WED AS A MATTER OF INFORMATION Kibble&Prentice,a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 370 HOLDER.THIS CERTIFI ATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle,WA 98111 206 441-6300 INSURERS AFFORDING C VERAGE NAIC# INSURED INSURER A Travelers Inde nity Co.of America 25666 Heffron Transportation,Inc. INSURERS St Paul Fire an Marine Insurance Co 24767 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 POLICY EFFECTIVE POLICY EXPIRAI ION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE M D DATE MM/D n LIMITS A GENERAL LIABILITY 68088991-993 03/18/08 03/18/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 000 000 PREMISES(E.CLAIMS MADE FRI OCCUR MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY BA890OL437 03/18/08 03/18/09 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1 rOOO,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) 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 $ $ A WORKERS COMPENSATION AND 68088991_993 03/18/08 03/18/09 TOR STATU- X OTH- EMPLOYERS'LIABILITY (WA Stop Gap) E L EACH ACCIDENT $1 OOO 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $1 000 000 If yes,descnbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B OTHER Professional OP03800580 07/01/07 07/01/08 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Project Name-Kent Events Center TMP.City of Kent is named as an Additional Insure on the General Liability Policy,with respects to operations of the Named Insured.Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DES BED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL AA DAYS WRITTEN Attn: Ben Wolters NOTICE TO THE CERTIFICATE HO ER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Avenue S IMPOSE NO OBLIGATION OR LIA 11 TY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Slue,+.• ��� ACORD 25(2001/08)1 of 2 #S2476583/M2435975 LKWJU O ACORD CORPORATION 1988 6808899L993 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSU ED (ARCHITECTS, ENGINEERS AND S RVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED(Section II)Is amended to However, N you a wollically agree In a'contract or Include any person or organization that you agree agreement roquir V Insixermn that the insurance In a 'contract or agreement requiring Insurance' provkled to an a &Jorwd insured under this Cov- to include as an additional Insured on this Cover- *rage Part must apply on a primary basis, or a age Part, but: primary and basis,this insurance a. Only with respect to liability for"body h Wry°, is primary to other insurance that Is avallable to "property damage'or'personal Injury';and such additional Insured which covers such addi- b. If the injury or damage arises out of the per- Donal Insured as narned Insured, and we will not formance, by you or your subcontractor, of share with the r Insurance,provided that: "your work' to which the "contract or agree- (1) The "bodily wy or `property damage" for ment requiring Insurance" applies. Such per- which cover Is sought occurs;and son or organization does not qualify as an (2) The "perms kW for which coverage Is additional insured with respect to their Wide- sought arises out of an offense committed; pendent acts or for 'bodily injury', "property after you have entered into that 'contract or damage' or "personal Injury" for which that agreement requhing Insurance'. Bnt this Insur- person or organization has assumed liability ante still is excess over valid and collectible other in a contract or agreement. insurance,whenn primary, excess,contingent or 2. The insurance provided to the additional Insured on any other ,that Is available to the Insured by this endorsement is limited as follows: when the ins Is an additional insured under a. This Insurance does not apply on any basis to any other Instx any person or organization for which cover- 4. The following Is to Paragraph S. Transfer age as an additional Insured specifically Is Of Rights Of R Against Others To Us added by another endorsement to this Cover- In COWII MERCIA GENERAL LIABILITY CON- age Part. DITIONS( ft b. This Insurance does not apply to the render- We waive any of recovery we may have ing of or failure to render any 'proles lornal against any or organization because of services". payments we ah for `bodily injury", "property c. The limits of insurance afforded to the addl- dainage` or " Injury" arising out of "your tional Insured shall be the limits which you work'performed you, or on your behalf, under agreed to provide In that "contract or agree- a"contract or requiring Insurance"wfth ment requiring Insurance`, or the limits shown that person or We waive these In the Declarations for this Coverage Part, ohiy 1 agreed to do so as whichever are less. This endorsement does part of the` or agreement requiring Insur- not Increase the Nrnits of Insurance staked in ante" with such a or organization entered the LIMITS OF INSURANCE (Section N)for Into by you befor n effect when,the")odily this Coverage Part. Injury' or age" occurs, or the 'per- t. The following is added to Paragraph a. of 4. sonal injury.offer as is co led. Other Insurance In COMMERCIAL GENERAL 5. As respects the neurance provided to the add- LIABILITY CONDITIONS(Section IVY tional Insured by this erhdorsornent, the following definition is adde I to DWIINITIONS(Section n CG D3 8109 06 ®2006,The at.Pawl Tmvsk n lmwarw CwnpwW,Iro. Page 1 of 2 Wwkidn aMrWftd a bft of knum .sarvbu ONM.Ire.,vft ft pombdon. COMMERCIAL GENERAL LIABILITY "contract or agreement requiring Insurartce" a. After you ha entered into that contract or means that part of any contract or agreement un- agreement; der which you are required to include a person or b. White that of the contract or agreement is organization as an additional insured on this Cov- In effect;and wage Part, provided that the "bodily Injury" and "property damage" occurs, and the "personal In- c. Before the of to policy period. jury"is caused by an offense committed: AN other terms of policy remain the same. Page 2 of 2 0 MG.The et.raw Trawlers ftxarwe Coed, Ca D3 8100 06 riaudes oopyrlp W r AUM of kawanoe Swim oeoe,km,wNh pw"do*ft 4^4 REQUEST FOR MAYOR, SIGNATURE KEN T Please Fill in All Applicable Boxes WASHINGTON Routing! ormation (ALL QUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Phone (Originator): �O Date Sent: a Q Date Required: �r Return Signed Document to: F CONTRACT TERMINATION DATE: -3131 () VENDOR NAME: V DATE OF COUNCIL APPROVAL: Brief Explanation of Document: W All Contracts Must Be Routed Through the Law Department (This to,¢e Completed By the Law Department) RE Received: l Approval of Law Dept.: MAY 2008 II.0 ' V�01 L1� ID Law Dept. Comments: KENT LAVA' DEPT 1�, ij� _l�1�1 Cif Lit Date Forwarded to Ott or: h Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: FY: Disposition: &A,S Date Returned: � Iage5870 3j05 Client# 333761 HEFFRTRA ACORDTI CERTIFICATE OF LIABILITY INSURANCE 04/06109°"YY"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble & Prentice, a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O Box 370 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle,WA 98111 206 441-6300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Travelers Indemnity Co of America 25666 Heffron Transportation,Inc. INSURER B St Paul Fire and Marine Insurance Co 24767 6544 NE 61st Street INSURER Seattle,WA 98115 INSURER 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,IN IF 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 I SR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR Af MM DD/YY DATE M D IYY A GENERAL LIABILITY 68088991_993 03/18/09 03/18/10 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1,000,000 CLAIMS MADE O OCCUR MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1 0OU 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY MX ISO LOG A AUTOMOBILE LIABILITY BA890OL437 03/18/09 03/18/10 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY (Peraccident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per acadent) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO 01 HER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE I$ RETENTION $ Is A WORKERS COMPENSATION AND 6808899L993 03/18/09 03/18/10 WC STATU,51 X I Es oTH- EMPLOVERS'LIABILITY (WA Stop Gap) E I EACH ACCDENT $1 OOO,OOO ANYPROI'IdL IOPJPARTNERIEXECUTIVE _ OFF IGFRMEMBFR BXULUDED'? _ t EL DISEASE LAL-IdPLOYEE $1,000,000 If yes describe under SPEC AL PROVISIONS below EL DISEASE POLICY OMIT $1,000,D00 B OTHER Professional QP03800580 07/01/08 07/01/09 $1,000,000 per claim Liability $2,000,000 anni aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Kent Event Center The City of Kent is named as an Additional Insured on the General (See Attached Descriptions) 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 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(2001108) 1 of 3 #M3340143 MXOJU 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 25S(2001108) 2 of 3 #M3340143 DESCRIPTIONS (Continued from Page 1) Liability Policy,with respects to operations of the Named Insured. Coverage is Primary and Non-Contributory AMS 25 3(2001/08) 3 of 3 #M3340143 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section ll): Part Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "boouy in- However, if you specifically agree in a "contract or jury" "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf- primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you, or share with the other insurance, provided that c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs, and hazard" (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed, an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance" But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows. when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance any person or organization for which cover- C. the-following-is added}o Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CIS D3 81 09 07 G 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc,wth its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury" offense is committed "property damage" occurs, and the "personal in- D. The following definition Is added to DEFINITIONS fury" is caused by an offense committed- (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement, means that part of any contract or agreement un- b. While that part of the contract or agreement Is der which you are required to include a person or In effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc,with its permission