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HomeMy WebLinkAboutPW08-140 - Original - Mirai Associates, Inc. - Transportation Master Plan Phase 2 - 05/26/2008 Records eme KENTDocument ` W 4 5 H I N G T G N y yip 1} v �'Yi iiv. Iw 'u 'J" nv c 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 Mary Simmons, City Clerks Office. Vendor Name: Mirai Associates, Inc. Contract Number: )P(,J t l q b This is assigned by Mary Simmons Vendor Number: Project Names: Transportation Master Plan - Phase 2 Contract Effective Date: Date of the Mayor's sianature Contract Termination Date: December 31, 2009 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Cathy Mooney Department: Engineering Abstract: Provide project administration and serve as liaison to City staff during the implementation phase of the plan. ADCL7832 07/02 • KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Mirai Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mirai Associates, Inc. organized under the laws of the State of Washington, located and doing business at 11410 NE 122nd Way, Suite 320, Kirkland, WA 98034-6927, Phone: (425) 820-0100/Fax: (425) 821-1750, Contact: Donald Samdahl (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: The consultant shall provide project administration and serve as liaison to City staff during the implementation phase of the Transportation Master Plan. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 work described in Section I by December 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Four Thousand, Six Hundred Fifty Three Dollars ($204,653.00) 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 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 Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over-t10.000) 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 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. 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. CONSULTANT SERVICES AGREEMENT - 2 (Over.t10.000) 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. 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, including all appeals, 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10.000) 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. 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. 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 Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KEN By: By: cee�, IllzotL (signat re (signature) Print Name: 1 a ���k Pri Na e• luzette Cooke Its .-.v,6;)0a It Mavor (title) DATE: DATE: o� CONSULTANT SERVICES AGREEMENT - 4 (Over.t10.000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Donald Samdahl Larry R. Blanchard Mirai Associates, Inc. City of Kent 11410 NE 122nd Way, Suite 320 220 Fourth Avenue South Kirkland, WA 98034-6927 Kent, WA 98032 (425) 820-0100 (telephone) (253) 856-5500 (telephone) (425) 821-1750 (facsimile) (253) 856-6500 (facsimile) AP OVED ATO FO M: Ken La De a ment Mimi-TMP Ph 2/Mooney CONSULTANT SERVICES AGREEMENT - 5 (Over$10.000) 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 WW 200019. By: For: Al,(- a Title: pe,ja C. "Ogg / 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. 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 , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A- Scope of Work Task 0: Project Management - CONSULTANT and City lead CONSULTANT will provide project administration and serve as a liaison to City staff during the implementation phase of the Transportation Master Plan. Each month CONSULTANT will prepare a status report of work completed, summarizing the percent of task completed compared with budget spent, schedule, budget status and key contacts made during the period. CONSULTANT will develop and maintain a detailed schedule for completion of key tasks. CONSULTANT will provide document review and quality assurance through its QA/QC program. CONSULTANT's project manager will meet in-person at least monthly with the City project manager and communicate regularly by phone and email. As needed, a biweekly conference call will be conducted with key team members. Deliverables: Monthly progress reports; invoices; schedule updates, key actions from project meetings. Task 1: Revise Concurrency Management Program CONSULTANT will prepare a plan-based concurrency program. CONSULTANT will conduct a workshop with staff to reach consensus on the concurrency method and assumptions. The method will build on the results of the TMP and match capacity provided in the system with the pace of implementing needed transportation facilities. The method will examine how to include multiple modes within the concurrency program. Once the methodology has been agreed to, CONSULTANT will conduct necessary technical analysis to produce the data necessary to implement the concurrency program. CONSULTANT will make revisions to the city's concurrency management ordinance to be consistent with the policies in the TMP. CONSULTANT will develop procedures for implementation of the ordinance, including administrative guidelines. The procedures will include a Monitoring process to enable staff to keep track of necessary information (see Task 6: Data Management). CONSULTANT will participate in up to six meetings of staff and/or council. Deliverables: Exhibit A- Scope of Work 1 Memorandum regarding plan-based concurrency framework and results; Ordinance revisions; administrative guidelines document, Task 2: Prioritize Non-Motorized Project List CONSULTANT will conduct a detailed prioritization of non-motorized projects, including sidewalks and bicycle facilities. Working with staff, CONSULTANT will set criteria for sidewalk priorities. Using data developed in the TMP, CONSULTANT will refine the sidewalk priorities to establish an annual program(including cost ranges) of targeting sidewalk needs within the city. CONSULTANT will prepare tabular and GIS summaries of potential sidewalk priorities by area of the city. CONSULTANT will prepare a prioritized listing of bicycle facility improvements using the TMP bicycle system plan as a data source. CONSULTANT will work with staff and other groups (e.g. KBAB)to establish prioritization criteria and to rate the bicycle facilities. CONSULTANT will prepare draft annual plan for bicycle facility improvements and will identify a range of costs. CONSULTANT will participate in up to 12 meetings with staff and/or other groups. Deliverables: Prioritized list and maps of sidewalk and bicycle projects; cost summaries; draft schedule for project implementation. Task 3: Operations and Maintenance Costs CONSULTANT will develop a process to incorporate Operations and Maintenance (O &M) costs into the funding program. CONSULTANT will identify the applicable O &M elements (project and programmatic elements) working with city staff. CONSULTANT will summarize the range of annual O&M costs and prepare an O &M funding program. CONSULTANT will incorporate these costs into the overall funding program for review by Council. CONSULTANT will participate in up to three interviews with Public Works staff and two in-house meetings with the project review team. CONSULTANT will review the pavement management priorities prepared by staff and develop a funding stream necessary to maintain the pavement ratings at specified levels. Up to 3 scenarios will be run. CONSULTANT will identify options for consistently funding the pavement management program. Deliverables: Exhibit A- Scope of Work 2 Memorandum documenting O&M elements and cost assumptions; memorandum documenting O&M funding sources; Memorandum and tables modifying funding program to incorporate O&M and pavement management costs. Task 4: Street Design Standards CONSULTANT will review the proposed updates to the street standards being developed by others within the city. CONSULTANT will identify areas that will require more detailed review by the Transportation Manager and suggest possible revisions where appropriate. CONSULTANT will focus on non-motorized design standards and other changes directly related to implementation of the TMP recommendations. CONSULTANT will participate in up to two in-house meetings on the design standards. Deliverables: Memorandum documenting comments on street design standards Task 5: Traffic System Management CONSULTANT will develop a strategy to update the traffic signal timing at up to 125 intersections throughout the city and annexation area. This strategy for signal operations and management will be developed in close coordination with City Traffic Engineer and traffic engineering staff. The purpose of the signal strategy is to confirm City of Kent objectives for traffic control and signal operations, identify the types of coordination that are a good fit for Kent and the several sub-areas of traffic signals and to lay out a management plan and schedule for regular updates of signal timing and signal operation. An important element of the strategy is a priority list of signal corridors, networks and intersection locations for updates to timing plans. To assist in this effort, CONSULTANT will prepare a Best Management Practices paper regarding traffic signal timing and placement as recommended by ITE or other national authorities. This paper will summarize the National Signal Report Card and document how the city has scored over time and compared to the national average. Regional comparisons will be provided by the CONSULTANT if available. CONSULTANT and City will select up to five corridors (assume up to 40 intersections)to implement the traffic signal timing strategy. For each corridor, CONSULTANT will compile traffic data for signal timing, from city's Synchro file and records. City will provide updated traffic counts upon request. CONSULTANT will review current traffic operations under existing signal phasing and timing plans, including peak period observations of traffic conditions at key intersections. CONSULTANT will recommend signal timing plans in each corridor to meet the city's objectives for traffic control. Deliverables: White paper on best management practices for traffic signal timing and operation. Exhibit A- Scope of Work 3 Memorandum summarizing traffic signal operations and management strategy for City of Kent Recommendations for signal timing, coordination and signal phasing for City implementation within 5 corridors Task 6: Data Management CONSULTANT will produce an outline for an Annual Transportation Report Card. This report card will cover the performance of the transportation system and compare the pace of transportation investments with development patterns and growth. The report card outline will document the following: ❖ Contents ❖ Data needed and sources (including traffic counts,traffic control inventory, truck data, accident data, transit data, pedestrian and bicycle data; CTR data; development permit data) ❖ Staff and outside resources CONSULTANT will work with staff to refine the report card content and objectives. CONSULTANT will prepare a prototype report card document for use by staff. The report will include a data collection plan and staff resource estimates. CONSULTANT will participate in up to six meetings with staff and present the report card information at up to two council-related meetings or outside groups. Deliverables: Memorandum documenting report card outline and contents; prototype report card report; compilation of available data; data collection and staff resource plans. Task 7: Business Funding Process CONSULTANT will support city staff to establish a business community funding process. CONSULTANT will serve in an advisory role. Possible roles could include additional technical and policy research on specific funding strategies, and/or facilitation of discussions among business and city leaders. City staff will direct the consultant activities within the budgeted number of hours. Deliverables: To be determined. May include written and oral findings of research activities;presentation materials for meetings; meeting notes. Exhibit A- Scope of Work 4 Kent Transportation Plan Estimated Person-hours/Costs Summary Mirai Associates Classification Hrs. x Rate = Cost Project Manager 240 206.80 $49,632 Principal Planner 36 $ 195.80 $7,049 Senior Associate 200 $ 156.20 $31,240 Senior Planner 230 $ 106.70 $24,541 Senior Engineer 150 $ 106.70 $16,005 Planner 165 $ 88.00 $14,520 Engineer 256 $ 93.50 $23,936 Support 96 $ 66.00 $6,336 0 $0 0 $0 0 $0 0 $0 Total Hrs. 1373 Salary Cost $ 173,259 Salary Escalation Cost(estimated) Escalation-July 2008 4.5% per year> 90% $7,017 Total Salary Cost $ 180,276 Total Salary Cost $ - Direct Expenses No. Unit Each Cost Reproduction Costs Copies 0 $0.06 $ - Reports 0 $15 $ - Plans 0 $2 $ - Traffic Counts 0 $125 $ - 0 $ - Mail/Deliveries/Fed Ex $30 $ - Mileage 2500 Mi. ca- $0.505 /Mile $ 1,262.50 Subtotal $ 1,263 Mira! Associates Total $ 181,539 Subconsultants HrsTotal Henderson Young 110 $ 23,114 i Total 110 Subconsultant Total 0% $ 23,114 Direct Expenses Sub-Total(including Subconsultants) $ 24,377 Total Costs $ 204,653 P:\w\WDOT0000-0295\0001Cntr\005 Scope\Mirai-Transportation Master Plan Ph 2 C2.xls 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. 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 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 using ISO additional insured endorsement CG 20 10 1185 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 $1,000,000 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 $1,000,000 policy aggregate limit. EXHIBIT B (Continued) 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 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 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. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DD/07 MIRAI-1 10 12 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH BE IS CERTIFICATE DOES NOT AMEND,EXTEND OR 701 Lourket is St. , S e. 1100 COVERAGE AFFORDED BY THE POLICIES BELOW. St. ID RE P'Kone: 800-338-1391 Fax:888-621-3173 IqRNqERS AFFORDING COVERAGE NAIC# ED _ IMR9RA Hartford Insurance Company 22357 v� INf. Mirai Associates, Inc y O INs Kirkland W2A298034y' Ste 320 ENGINEER E 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. LTR rUU SR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE(MWDDIM LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 uj A X COMMERCIAL GENERAL LIABILITY 84SBWVK1560 10/13/07 10/13/08 PREMISES(Ea occurence) _$_2,000,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 1 0 0 0 PERSONAL&ADV INJURY s2,000,000 GENERAL AGGREGATE s4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG s4,000,000 POLICY X JECT LOC AUTOMOBILE LIABILITY aMBINED accideM SINGLE LIMIT s2,000,000 ANY AUTO (E ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS 84SBWVK1560 10/13/07 10/13/08 BODILY INJURY X 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 $ $ WORKERS COMPENSATION AND TORY LIMITS I X ER A EMPLOYERS'LIADI'..ITY 84SBWVK1560 10/13/07 10/13/08 EL EACHACCIDENT $ 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? STOP GAP El DISEASE-EA EMPLOYEE $ 1 000,000 Wes descnbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS KENT TRANSPORTATION MASTER PLAN - CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED AS PER WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION CTYKEN1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF KENT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 FOURTH AVE SOUTH REPRESENTATIVES. KENT WA 98032 AUTHORIZED R R ENT TiVE^ n ACORD 26(2001108) u �+ ©ACORO CORPORATION 1988 ACOM CERTIFICATE OF LIABILITY INSURANCE w0d T OM.Y AM COWMAS NO MOM WW TIC C6RTOWTE ACZC/M%R6M MOLM TM C!lTYIC, " WT Ate. OR 701 ULckft St., Eta. 1100 ALTER THE COVI PAoIt i''f►THE PAS MOLGNK St. Louis NO 63101 Phone:000-338-1391 Pas L•$9-6Z3-3173 MOWERS AFFORDWO CCU MAIC 0 IwAft DMLM'ft 'Oas1 I�1•tNsmR Lk Ims 0 l t® 320 wum a x COMERA606 "POUM$OP•NIAWNdLWMMLOWWWs MM19"MWAMDW4MAWWFMflN►OLVrPOMMdOMM•� ANY MOASWAW.TOM ON ODN AOM OF ANY oarNuer CK 01NSI19QgOlrR w1N MMlDY vD 1M•iilL"new 1L1em owes mum on MY PM"NI"RMOW s APP0118sD NY TW POLO=9MWWM MSA1•L N SUAMT 1b ALL At TOM VOLU MN AIM 000MMWSVW POUM AOSMMT!UWM IN"MY WMI Ms1M FAWXW BY PM CLAM. POLI•Af my M LOM samm NAOIN'N sAAl1 OOCSN4MD! • cammew 1L.Os4MMil lM•N.17Y • tilA•r wm F]omm NIIP M Ili • •ASY LNAptY • Os1NAMl R • OMIAOSMOAlsL&IMFAMU••PSN: AID•ANn•o••MIIOPAss • POLICY LOC AWPONON is LaAMLI1Y pNLt LSIfT • ANYAM syY�Y ALL OW ND A FM Pwal SCWIDULM AVIos • YWDAL1f0• �y Mawr," • : oAeAoaLiAsn.err AY10N�•MA•D6sNY • AWAMO IAAM • An • MIALiAs6I1'r IIs01�DDLs1I0E • LMMxsral• • NIOIMNN•OSLIPMNAVIOM AM AW•ILL sYOr Lvmj7Y WA Iii - -�hIMWCIWWU / s4�sASLP • I •IrLL*IIT • A isolossiomal Liab V1611g607PMK 10/13/07 10/13/08 M tiL&M $1,000,000 000 p8 TH NOt TIOM OW4UAIMOP11NA10•sOMSMMf1�MM�� sN�RIIM DAN I MM WW WWO M•NMML V9 VAL 30 MY•vmmoi DDIM!107MCWMMANM LSMI�NVMLWr MTPIULVUtOOO.ONW" CITY Or KENT MPOR ND ssLIDMNIII olt LMeawr OP AND NMD YPON 9•Lt M•LNSRr.�1s A a91 120 AM SooTS Mr11••DN1I►11Y!• POLICY NUMBER:BK0215D935 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COMMERCIAL AUTO LIABILITY SCHEDULE Name of Person or Organization; CITY OF KENT (If no entry appears above.information required to complete this end orsement will be shown in the Declarations as applicable to this endorsement.) WHO 1S AN INSURED(Section 11)is amended to include as an insured the person or organization I shown in the Schedule,but only with respect to liability arising out of"your worle for that insured by i or for you I I f i r CG 20 101185 Copyright.Insurance Services Office,Inc.,19M CeMficate# 37201 I POLICY NUMBER. BK02150935 COMMERCIAL GENERAL LIABILITY THIS ENDORbr=MENT CHANGES THE POLICY PLEASE REA_ HIS CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE Ns endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance is primary for the person or organization shown in the schedule,but only with respect to liability,arising out of your work or that insured by or for you. Other insurance afforded to that insured W11 apply as excess and not contribute as primary to the Insurance afforded by this endorsement. All other-endorsement proWsiors,conditions and exclusions of this insurance shall remain unchanged and apply to the additional insured and described below. SCHEDULE ADDITIONAL INSURED CONTRAa0R0JECT CITY OF KENT 220 FOURTH AVENUE SOUTH KENT,WA 98032 NAMED INSURED MIRAI ASSOCIATES,INC. 11410 N.E.122ND-WAY,SUITE 320 KIRKLAND WA 98034 Certificate# 37201 f0i FEHR &- PEERS May 12, 2008 City of Kent 220 Fourth Ave. S. Kent,WA 98032 Attn: Ms. Cathy Mooney RE: Assignment of Agreement (City of Kent Transportation Master Plan) Mira! Project No. K036305 Dear Ms. Mooney: We are pleased to announce that Mirai Associates, Inc. is merging with Fehr & Peers. Fehr & Peers (www.fehrandpeers.com) is known throughout the west for their innovation and excellence in transportation planning and engineering, a tradition we at Mirai look forward to continuing here in the Pacific Northwest. All of us at Mirai Associates will be employed by Fehr & Peers and will continue to serve our existing clients from our office in Kirkland, WA. Legally we are required to obtain your consent to transfer the City of Kent Transportation Master Plan project to Fehr & Peers. As of June 1, 2008, all rights and obligations of the Agreement from that date forward will have been assumed by Fehr & Peers and all terms and conditions of the project contract will remain the same. We kindly ask that you consent to the assignment by signing below and returning a signed copy of this letter to us by mail, fax or email no later than May 30, 2008. If you are unable to agree to this or have questions, please contact me at (425) 820-0100 or don(a-miraiassociates.com. Sincerely, Mirai Associates, Inc. Donald R. Samdahl Principal PLEASE COMPLETE AND RETURN NO LATER THAN May 30, 2008 BY MAIL, EMAIL OR FAX (425) 821-1750. THANK YOU. CONSENT TO ASSIGNMENT: ORGA ION: City of ent By: Nam . uze to Cooke Title. a o r Date: 6 0� 11410 NE 122"d Way,Suite 320 Kirkland,WA 98034-6927 (425) 820-0100 F: (425)821-1750 fehrandpeers.com f� FEHR &, PEERS May 12, 2008 City of Kent 220 Fourth Ave. S. Kent, WA 98032 Attn: Ms. Cathy Mooney RE: Assignment of Agreement (City of Kent Transportation Master Plan) Phase No. 2 Dear Ms. Mooney: We are pleased to announce that Mirai Associates, Inc. is merging with Fehr & Peers. Fehr & Peers (www.fehrandpeers.com) is known throughout the west for their innovation and excellence in transportation planning and engineering, a tradition we at Mirai look forward to continuing here in the Pacific Northwest. All of us at Mirai Associates will be employed by Fehr & Peers and will continue to serve our existing clients from our office in Kirkland, WA. Legally we are required to obtain your consent to transfer the City of Kent Transportation Master Plan— Phase No. 2 project to Fehr& Peers. As of June 1, 2008, all rights and obligations of the Agreement from that date forward will have been assumed by Fehr & Peers and all terms and conditions of the project contract will remain the same. We kindly ask that you consent to the assignment by signing below and returning a signed copy of this letter to us by mail, fax or email no later than May 30, 2008. If you are unable to agree to this or have questions, please contact me at (425) 820-0100 or don(CD-miraiassociates.com. Sincerely, Mirai Associates, Inc. 4 Donald R. Samdahl Principal PLEASE COMPLETE AND RETURN NO LATER THAN May 30, 2008 BY MAIL, EMAIL OR FAX (425) 821-1750. THANK YOU. CONSENT TO ASSIGNMENT: ORGANI N: By: Name: Su et Cooke Title: Date: fza216 1042 11410 NE 122nd Way,Suite 320 Kirkland,WA 98034-6927 (425) 820-0100 F: (425)821-1750 fehrandpeers.com f-P FEHR & PEERS May 12, 2008 City of Kent 220 Fourth Ave. S. Kent, WA 98032 Attn: Ms. Cathy Mooney RE: Assignment of Agreement (City of Kent Transportation Master Plan) Mirai Project No. K036305 Dear Ms. Mooney: We are pleased to announce that Mirai Associates, Inc. is merging with Fehr & Peers. Fehr & Peers (www.fehrandpeers.com) is known throughout the west for their innovation and excellence in transportation planning and engineering, a tradition we at Mirai look forward to continuing here in the Pacific Northwest. All of us at Mirai Associates will be employed by Fehr & Peers and will continue to serve our existing clients from our office in Kirkland, WA. Legally we are required to obtain your consent to transfer the City of Kent Transportation Master Plan project to Fehr & Peers. As of June 1, 2008, all rights and obligations of the Agreement from that date forward will have been assumed by Fehr & Peers and all terms and conditions of the project contract will remain the same. We kindly ask that you consent to the assignment by signing below and returning a signed copy of this letter to us by mail, fax or email no later than May 30, 2008. If you are unable to agree to this or have questions, please contact me at (425) 820-0100 or don don�miraiassociates.com. Sincerely, Mirai Associates, Inc. Donald R. Samdahl Principal PLEASE COMPLETE AND RETURN NO LATER THAN May 30, 2008 BY MAIL, EMAIL OR FAX (425) 821-1750. THANK YOU. CONSENT TO ASSIGNMENT: ORGANI N: City of ent By: Name: u et a Cooke Title: yor Date: 11410 NE 122nd Way,Suite 320 Kirkland,WA 98034-6927 (425) 820-0100 F: (425)821-1750 fehrandpeers.com ACORD. CERTIFICATE OF LIABILITY INSURANCE 5/27 M/DD/YY) DATE PRODUCER LIC #OE67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IDA Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Rd., Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURERA Travelers Indemnity Company of America Fehr & Peers INSURERS Travelers Indemnity Company of CT 100 Pringle Avenue, Suite 600 INSURER Travelers Property Casualty Co. of America Walnut Creek, CA 94596 INSURER Travelers Casualty and Surety Company INSURERE ACE American Insurance Company 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR LIMITS A GENERAL LIABILITY 68059781,604 11/01/07 11/01/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $500,000 CLAIMS MADE Fx_]OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC B AUTOMOBILE LIABILITY BAS980L010 11/01/07 11/01/08 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY CUP760OY174 11/01/07 11/01/08 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AND UB5847Y716 05/01/08 05/01/09 % WCSTATU-MTS OTH- I ER EMPLOYERS'LIABILITY E L EACH ACCIDENT $1,000,000 EL DISEASE-EA EMPLOYEq$1,000,000 EL DISEASE-POLICY LIMIT 1$1,000,000 OTHER E Professional Liability G21663049004 12/06/07 12/06/08 Per Claim 31,000,000 Annual Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional Insured endorsement attached. General Liability / Auto Liability: City of Kent is named as additional insureds. Professional Services for Kent - Transportation Master Plan (SE08-0003) CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL dWXWY4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OEKXWMQ MZWU08 MX 220 Fourth Avenue South X a51G7S1 xxK16=Kx3xx 7C 5PEx XMWAKkWMNXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Kent, WA 98032 �y AUTHORIZED REPRESENTATIVE USA cr x%'_ ACORD 25-S(7/97) COIns O ACORD CORPORATION 1988 8890774 Cerbficate Delivery by CertlficatesNow-www ConfirmNet corn-877 669.8600 J POLICY NUMBER: 6805978L604 COMMERCIAL GENERAL LIABILITY NAMED INSURED: DATE ISSUED: 05/27/08 Fehr & Peers 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 FORM 1. WHO IS AN INSURED (Section II) is b. This insurance does not apply to the amended to include any person or rendering of or failure to render any organization that you agree in a "contract "professional services". or agreement requiring insurance" to include as an additional insured on this c. The limits of insurance afforded to the Coverage Part , but: additional insured shall be the limits which you agreed to provide in that a. Only with respect to liability for "bodily "contract or agreement requiring injury", "property damage" or"personal insurance", or the limits shown in the injury"; and Declarations for this Coverage Part, whichever are less. This endorsement b. If the injury or damage arises out of does not increase the limits of the performance, by you or your insurance stated in the LIMITS OF subcontractor, of "your work" to which INSURANCE (Section III) for this the "contract or agreement requiring Coverage Part. insurance" applies. Such person or organization does not qualify as an 3. The following is added to Paragraph a. of additional insured with respect to their 4. Other Insurance in COMMERCIAL independent acts or for "bodily injury", GENERAL LIABILITY CONDITIONS "property damage" or "personal injury" (Section IV): for which that person or organization has assumed liability in a contract or However, if you specifically agree in a agreement. "contract or agreement requiring insurance"that the insurance provided 2. The insurance provided to the additional to an additional insured under this insured by this endorsement is limited as Coverage Part must apply on a follows: primary basis, or a primary and non- a. This insurance does not apply on any contributory basis, this insurance is basis to any person or organization for primary to other insurance that is available to such additional insured which coverage as an additional which covers such additional insured insured specifically is added by another as a named insured, and we will not endorsement to this Coverage Part. share with the other insurance, provided that: CG D3 8109 06 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 1 of 2 Copyright,Insurance Sen ices Office,Inc,2001 (1) The "bodily injury" or "property contract or agreement under which you damage" for which coverage is are required to include a person or sought occurs; and organization as an additional insured on this Coverage Part, provided that the (2) The "personal injury" for which "bodily injury" and "property damage" coverage is sought arises out of occurs, and the "personal injury" is an offense committed; caused by an offense committed: after you have entered into that a. After you have entered into that "contract or agreement requiring contract or agreement; insurance". But this insurance still is excess over valid and collectible other b. While that part of the contract or insurance, whether primary, excess, agreement is in effect; and contingent or on any other basis, that is available to the insured when the C. Before the end of the policy insured is an additional insured under period. any other insurance. All other terms of your policy remain the 4. The following is added to Paragraph 8. same. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for"bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring Insurance" means that part of any CG D3 8109 06 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 2 of 2 Copyright,Insurance Senaces Office,Inc.,1988 a A FEHR PEERS May 12, 2008 City of Kent 220 Fourth Ave. S. Kent, WA 98032 Attn: Ms. Cathy Mooney RE: Assignment of Agreement (City of Kent Transportation Master Plan) Phase No. 2 Dear Ms. Mooney: We are pleased to announce that Mirai Associates, Inc. is merging with Fehr & Peers. Fehr & Peers (www.fehrandpeers.com) is known throughout the west for their innovation and excellence in transportation planning and engineering, a tradition we at Mirai look forward to continuing here in the Pacific Northwest. All of us at Mirai Associates will be employed by Fehr & Peers and will continue to serve our existing clients from our office in Kirkland,WA. Legally we are required to obtain your consent to transfer the City of Kent Transportation Master Plan— Phase No. 2 project to Fehr& Peers. As of June 1, 2008, all rights and obligations of the Agreement from that date forward will have been assumed by Fehr & Peers and all terms and conditions of the project contract will remain the same. We kindly ask that you consent to the assignment by signing below and returning a signed copy of this letter to us by mail, fax or email no later than May 30, 2008. If you are unable to agree to this or have questions, please contact me at (425) 820-0100 or don�miraiassociates.com. Sincerely, Mirai Associates, Inc. 4 Donald R. Samdahl Principal PLEASE COMPLETE AND RETURN NO LATER THAN May 30, 2008 BY MAIL, EMAIL OR FAX(425) 821-1750. THANK YOU. CONSENT TO ASSIGNMENT: ORGANIZ TJON: city ofKent,z By: Name:,S ze to Cooke Title: Date: 11410 NE 122nd Way,Suite 320 Kirkland,WA 98034-6927 (425)820-0100 F: (425)821-1750 fehrandpeers.com AC RD,� CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YY) 05/27/08 PRODUCER LIC #OE67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IOA Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Rd., Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURERA Travelers Indemnity Company of America Fehr & Peers INSURERS Travelers Indemnity Company of CT 100 Pringle Avenue, Suite 600 INSURERC Travelers Property Casualty Co. of America Walnut Creek, CA 94596 INSURERD Travelers Casualty and Surety Company INSURERE ACE American Insurance Com an 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 TYPEOF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 680597BL604 11/01/07 11/01/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $500,000 CLAIMS MADE F_x1 OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC JECT B AUTOMOBILE LIABILITY BAS98OL010 11/01/07 11/01/08 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY CUP760OY174 11/01/07 11/01/08 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AND UB5847Y716 05/01/08 05/01/09 g WCSTATIRY LIMIT 0ES LIABILITY 1,000,000 E L EACH ACCIDENT $ EL.DISEASE-EAEMPLOYE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 OTHER E Professional Liability G21663049004 12/06/07 12/06/08 Per Claim $1,000,000 Annual Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional insured endorsement attached. General Liability / Auto Liability: City of Rent is named as additional insureds. Professional Services for Kent - Transportation Master Plan Phase No. 2 CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL 1ff&4XWV4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,datXXX]M 9X5Z17Si ,YKX 220 Fourth Avenue South 5xx=x=xKWWQ=3=xxK5Kx XXXXXXXXXxxxxxxxxxxxxxXXXXXXXXXXXXXXXXXXXXXXX Kent, WA 98032 AUTHORIZED REPRESENTATIVE USA cGA.QJ dI��1 ACORD 25-S(7197) COIns ®ACORD CORPORATION 1988 8890778 Certificate Delivery by CertlficatesNow-www ConfirmNet corn-877 669.8600 POLICY NUMBER: 680597SL604 COMMERCIAL GENERAL LIABILITY NAMED INSURED: DATE ISSUED: 05/27/08 Fehr & Pears 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 FORM 1. WHO IS AN INSURED (Section 11) is b. This insurance does not apply to the amended to include any person or rendering of or failure to render any organization that you agree in a "contract "professional services". or agreement requiring insurance to include as an additional insured on this c. The limits of insurance afforded to the Coverage Part , but: additional insured shall be the limits which you agreed to provide in that a. Only with respect to liability for "bodily "contract or agreement requiring injury", "property damage" or"personal insurance", or the limits shown in the injury"; and Declarations for this Coverage Part, whichever are less. This endorsement b. If the injury or damage arises out of does not increase the limits of the performance, by you or your insurance stated in the LIMITS OF subcontractor, of "your work" to which INSURANCE (Section III) for this the "contract or agreement requiring Coverage Part. insurance" applies. Such person or organization does not qualify as an 3. The following is added to Paragraph a. of additional insured with respect to their 4. Other Insurance in COMMERCIAL independent acts or for "bodily injury", GENERAL LIABILITY CONDITIONS "property damage" or "personal injury" (Section IV): for which that person or organization has assumed liability in a contract or However, if you specifically agree in a agreement. "contract or agreement requiring insurance" that the insurance provided 2. The insurance provided to the additional to an additional insured under this insured by this endorsement is limited as Coverage Part must apply on a follows: primary basis, or a primary and non- a. This insurance does not apply on any contributory basis, this insurance is basis to any person or organization for primary to other insurance that is which coverage as an additional available to such additional insured insured specifically is added by another which covers such additional insured endorsement to this Coverage Part. as a named insured, and we will not share with the other insurance, provided that: CIS D3 8109 06 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 1 of 2 Copyright,Insurance Services Office,Inc.,2001 (1) The "bodily injury" or "property contract or agreement under which you damage" for which coverage is are required to include a person or sought occurs; and organization as an additional insured on this Coverage Part, provided that the (2) The "personal injury" for which "bodily injury" and "property damage" coverage is sought arises out of occurs, and the "personal injury" is an offense committed; caused by an offense committed: after you have entered into that a. After you have entered into that "contract or agreement requiring contract or agreement; insurance". But this insurance still is excess over valid and collectible other b. While that part of the contract or insurance, whether primary, excess, agreement is in effect; and contingent or on any other basis, that is available to the insured when the C. Before the end of the policy insured is an additional insured under period. any other insurance. All other terms of your policy remain the 4. The following is added to Paragraph 8. same. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for"bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury"offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any CG 03 8109 06 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc,1988 A ODRD,. CERTIFICATE OF LIABILITY INSURANCE 5/27/08 /YY) D5/27/08 PRODUCER LIC #0E67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IOA Insurance services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Rd., Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURERA Travelers Indemnity Company of America Fehr & Peers INSURERS Travelers Indemnity Company of CT 100 Pringle Avenue, Suite 600 INSURERC Travelers Property Casualty Co. of America Walnut Creek, CA 94596 INSURER Travelers Casualty and Surety Company INSURERE ACE American Insurance Company 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 680597SL604 11/01/07 11/01/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $500,000 CLAIMS MADE 7XI OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC B AUTOMOBILE LIABILITY BA598OL010 11/01/07 11/01/08 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY CUP7600YI74 11/01/07 11/01/08 EACH OCCURRENCE $5,000,000 X1 OCCUR El CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AND UB5847Y716 05/01/08 05/01/09 X WCSTATURY IMIT OTH- EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,000 E L DISEASE-EA EMPLOYE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 OTHER E Professional Liability G21663049004 12/06/07 12/06/08 Per Claim s1,000,000 Annual Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional Insured endorsement attached. General Liability / Auto Liability: City of Kent is named as additional insureds. Professional Services for Kent - Transportation Master Plan (SE08-0003) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL dWX Y4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,9UrAZ,}LN1QQfXff%Z=0WJ=X 220 Fourth Avenue South 11WN7I)*RIDN3=7( Uff=Rpt4C=iFl=VKx XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Kent, WA 98032 r ORIZED REPRESENTATIVE wwyyi� USA C. ACORD 25-S(7/97) COIns O ACORRD CORPORATION 1988 8890774 Certificate Delivery by CertlficatesNow-www ConflrmNet corn-877.669 8600 J POLICY NUMBER: 680597BL604 COMMERCIAL GENERAL LIABILITY NAMED INSURED: DATE ISSUED: 05/27/08 Fehr & Peers 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 FORM 1. WHO IS AN INSURED (Section II) is b. This insurance does not apply to the amended to include any person or rendering of or failure to render any organization that you agree in a "contract "professional services". or agreement requiring insurance" to include as an additional insured on this c. The limits of insurance afforded to the Coverage Part , but: additional insured shall be the limits which you agreed to provide in that a. Only with respect to liability for "bodily "contract or agreement requiring injury", "property damage" or"personal insurance", or the limits shown in the injury"; and Declarations for this Coverage Part, whichever are less. This endorsement b. If the injury or damage arises out of does not increase the limits of the performance, by you or your insurance stated in the LIMITS OF subcontractor, of "your work" to which INSURANCE (Section III) for this the "contract or agreement requiring Coverage Part. insurance" applies. Such person or organization does not qualify as an 3. The following is added to Paragraph a. of additional insured with respect to their 4. Other Insurance in COMMERCIAL independent acts or for "bodily injury", GENERAL LIABILITY CONDITIONS "property damage" or "personal injury" (Section IV): for which that person or organization has assumed liability in a contract or However, if you specifically agree in a agreement. "contract or agreement requiring insurance" that the insurance provided 2. The insurance provided to the additional to an additional insured under this insured by this endorsement is limited as Coverage Part must apply on a follows: primary basis, or a primary and non- a. This insurance does not apply on any contributory basis, this insurance is basis to any person or organization for primary to other insurance that is which coverage as an additional available to such additional insured which covers such additional insured insured specifically is added by another as a named insured, and we will not endorsement to this Coverage Part. share with the other insurance, provided that: CG D3 81 09 06 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 1 of 2 Copyright,Insurance Services Office,Inc.,2001 (1) The "bodily injury" or "property contract or agreement under which you damage" for which coverage is are required to include a person or sought occurs; and organization as an additional insured on this Coverage Part, provided that the (2) The "personal injury" for which "bodily injury" and "property damage" coverage is sought arises out of occurs, and the "personal injury" is an offense committed; caused by an offense committed: after you have entered into that a. After you have entered into that "contract or agreement requiring contract or agreement; insurance". But this insurance still is excess over valid and collectible other b. While that part of the contract or insurance, whether primary, excess, agreement is in effect; and contingent or on any other basis, that is available to the insured when the C. Before the end of the policy insured is an additional insured under period. any other insurance. All other terms of your policy remain the 4. The following is added to Paragraph 8. same. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for"bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any CG D3 81 09 06 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc,1988 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 5/E27 MIDDIYIf) OS/ /OS PRODUCER LIC #OE67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IOA Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Rd., Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURERA Travelers Indemnity Company of America Fehr & Peers INSURERS Travelers Indemnity Company of CT 200 Pringle Avenue, Suite 600 INSURER Travelers Property Casualty Co. of America Walnut Creek, CA 94596 INSURER Travelers Casualty and Surety Company INSURERE ACE American Insurance Company 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS rA GENERAL LIABILITY 68059781,604 11/01/07 11/01/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $500,000 CLAIMS MADE F_x1 OCCUR MED EXP(Any one person) $5,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $2,000,000 POLICY X PRO LOC 8 AUTOMOBILE LIABILITY 13AS98OL010 11/01/07 il/Ol/08 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraocldent) PROPERTY DAMAGE $ (Per scradent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY CUP760OY174 11/01/07 11/01/08 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION ANDLIM UH5847Y716 05/01/08 05/01/09 X I WCSTATU- OTH- DRY EEL EMPLOYERS'LIABILITY E L EACH ACCIDENT $1,000,000 E L DISEASE-EA EMPLOYEE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 OTHER E Professional Liability G21663049004 12/06/07 12/06/08 Per Claim s1,000,000 Annual Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional Insured endorsement attached. General Liability / Auto Liability: City of Rent is named as additional insureds. Professional Services for Kent - Transportation Master Plan Phase No. 2 CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER: CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rent DATE THEREOF,THE ISSUING INSURER WILL ffMX IFY4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, %N#9XZIIXXX;06W=X 220 Fourth Avenue South X 111111115=1 11I)M N11=7ARX MWmm&XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Kent, WA 98032 AUTHORIZED REPRESENTATIVE USASwalhi l ACORD 25S(7/97) COIns O ACORD CORPORATION 1988 8890778 Certlflcate Delivery by CertficatesNow-www ConfirmNet com-877.669.8600 POLICY NUMBER: 680597eL604 COMMERCIAL GENERAL LIABILITY NAMED INSURED: DATE ISSUED: 05/27/08 Fehr & Peers 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 FORM 1. WHO IS AN INSURED (Section 11) is b. This insurance does not apply to the amended to include any person or rendering of or failure to render any organization that you agree in a "contract "professional services". or agreement requiring insurance" to include as an additional insured on this c. The limits of insurance afforded to the Coverage Part , but: additional insured shall be the limits which you agreed to provide in that a. Only with respect to liability for "bodily "contract or agreement requiring injury", "property damage" or"personal insurance", or the limits shown in the injury"; and Declarations for this Coverage Part, whichever are less. This endorsement b. If the injury or damage arises out of does not increase the limits of the performance, by you or your insurance stated in the LIMITS OF subcontractor, of "your work" to which INSURANCE (Section III) for this the "contract or agreement requiring Coverage Part. insurance" applies. Such person or organization does not qualify as an 3. The following is added to Paragraph a. of additional insured with respect to their 4. Other Insurance in COMMERCIAL independent acts or for "bodily injury", GENERAL LIABILITY CONDITIONS "property damage" or "personal injury" (Section IV): for which that person or organization has assumed liability in a contract or However, if you specifically agree in a agreement. "contract or agreement requiring insurance" that the insurance provided 2. The insurance provided to the additional to an additional insured under this insured by this endorsement is limited as Coverage Part must apply on a follows: primary basis, or a primary and non- a. This insurance does not apply on any contributory basis, this insurance is basis to any person or organization for primary to other insurance that is available to such additional insured which coverage as an additional which covers such additional insured insured specifically is added by another as a named insured, and we will not endorsement to this Coverage Part. share with the other insurance, provided that: CG D3 81 09 06 Includes copynghted material of Insurance Services Office,Inc.,with b permission. Page 1 of 2 Copyright,Insurance Services Office,Inc.,2001 (1) The "bodily injury" or "property contract or agreement under which you damage" for which coverage is are required to include a person or sought occurs; and organization as an additional insured on this Coverage Part, provided that the (2) The "personal injury" for which "bodily injury" and "property damage" coverage is sought arises out of occurs, and the "personal injury" is an offense committed; caused by an offense committed: after you have entered into that a. After you have entered into that "contract or agreement requiring contract or agreement; insurance". But this insurance still is excess over valid and collectible other b. While that part of the contract or insurance, whether primary, excess, agreement is in effect; and contingent or on any other basis, that is available to the insured when the C. Before the end of the policy insured is an additional insured under period. any other insurance. All other terms of your policy remain the 4. The following is added to Paragraph 8. same. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any CG D3 81 09 06 Includes copyrighted material of Insurance seances Office,Inc,with its permission. Page 2 of 2 Copyright,Insurance services Office,Inc,1988 REQ UEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENNT This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Cathy Mooney Phone (Originator): 5564 Date Sent: 5/21/08 Date Required: 5/28/08 Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/09 VENDOR NAME: Mirai Associates Inc. DATE OF COUNCIL APPROV : 5/20/08 Brief Explanation of Document: The attached agreement is for the consultant to provide project administration and serve as a liaison to City staff during the Implementation phase of the Transportation Master Plan. This includes: preparing an plan-based concurrency program, prioritize non-motorized project list, develop a process to incorporate operations and maintenance costs into the funding program, review the proposed updates to the street standards, develop a strategy to update the traffic signal timing at up to 125 intersections throughout the city, produce an outline for an annual transportation report card, and support city staff to establish a business community funding process. All Contracts Must Be Routed Through the Law Department (This Area to be mp d the w Department) �,� � Received: _._ . : ICU N11 I Approval of Law Dept.: Law Dept. Comments: ti M'ni t [Cifry Date rwar ,ed o Mayor: Shaded-Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: Date Returned: Iage5870_templatebase • 2/07 White, Tammy From: White, Tammy Sent: Friday, May 23, 2008 2.20 PM To: Mooney, Cathy; Yoshitake, Nancy Cc: Pratt, Kim Adams Subject: Mirai/Fehr& Peers Cathy and Nancy, I spoke with Kim about the Phase II TMP agreement with Mirai and the merger with Fehr and Peers. Since Donald Samdahl signed both the Phase II contract and the letters of assignment for Phase I and Phase II, Kim said that it would be fine to go ahead with signing the contract naming Mirai and then the letters of assignment which then assign everything to Fehr and Peers. While we have Certificates of Insurance evidencing coverage of Comm'I Gen'I Liability coverage and Professional Liability coverage, the named insured is Mirai Associates. Since everything is now being assigned to Fehrs and Peers, Kim said that we'll need new Certificates of Insurance and endorsements naming the City as an additional insured. However, Kim said I could send everything down now and then supplement the new insurance documents once we receive them. Can you please pass this information on to Mirai/Fehr and Peers and ask for the new insurance documents? Once you receive them, please send them my way and I'll supplement them with the Clerk's copy? Thanks. Tammy Larson-White i Legal Analyst City of Kent Law Department ice' 253.856.5774 1 F 253.856.6770 1 L_-; tlwhite@ci.kent.wa.us 220 Fourth Avenue South i Kent, WA 98032 i www.ci.kent.wa.us This message is private and privileged. If you are not the person for whom this message was intended, please delete it and notify me immediately, and please do not copy or send this message to anyone else. 1 r F Mooney, Cathy From: Mooney, Cathy Sent: Friday, May 16, 2008 3:23 PM To: Yoshitake, Nancy; White, Tammy Subject: Mirai Contract-Assignment re Merger Nancy and Tammy, In my mailbox today I found the letter from Mirai which "Assigns" their rights to Fehr & Peers for the TMP Phase 2 Contract. The contract is scheduled to be approved by Council on the Consent Calendar at Tuesday night's meeting. This merger of Mirai Associates, Inc, and Fehr & Peers is scheduled to be effective on June 1, 2008. They would like us to sign this letter of assignation and return it to them by May 30, 2008. Should$ attach this to the TMP Phase 2 contract and have the Mayor sign both at the same time? A copy of the letter is attached. I have the original and will put it in your mailbox. LJ Assignment.pdf (97 KB) Cathy Mooney, Senior Transportation Planner City of Kent, Public Works Engineering 220 Fourth Avenue South Kent, WA 98032-5895 253-856-5564 1 Message Page 1 of 1 Yoshitake, Nancy From: Yoshitake, Nancy Sent: Tuesday, May 13, 2008 3:13 PM To: White, Tammy Subject: RE: Mirai Associates Below is the response I received from Cathy about the merger. When I asked Mirai whether they wanted to wait until this merger was complete and put the new contract under the new name, Don Samdahl (Principal) said no. He said it would be much easier for everyone if we continued with the contract 'as is'. He said the letter from Fehr & Peers will suffice to assign the future invoices when everything is settled between the two of them. So far I haven't received that letter from them so I am keeping everything under Mirai's name until I receive legal notice to do differently. -----Original Message----- From: White, Tammy Sent: Tuesday, May 13, 2008 1:54 PM To: Yoshitake, Nancy Subject: RE: Mirai Associates Do you know who Mirai is merging with, if it's complete, and what name the merged company will operate under? Sorry, I'm not in the office this afternoon so I'm trying to get as much info. as I can so I can talk to Tom in the morning. From: Yoshitake, Nancy Sent: Tue 5/13/2008 1:45 PM To: White, Tammy Subject: RE: Mirai Associates One has been executed for phase 1 of the project and the second is waiting for Council approval on May 20th. -----Original Message----- From: White, Tammy Sent: Tuesday, May 13, 2008 1:11 PM To: Yoshitake, Nancy Subject: RE: Mirai Associates Has the contract already been executed? From: Yoshitake, Nancy Sent: Tue 5/13/2008 12:25 PM To: White, Tammy Subject: Mirai Associates Tammy, Mirai who is the consultant working on the Transportation Master Plan is merging with another company. Is there anything we need to do contract wise? Nancy 5/20/2008 ACORD. CERTIFICATE OF LIABILITY INSURANCE 2/04/08 Mf) 12TE4/08 PRODUCER LIC #0E67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IOA Insurance services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Rd., suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURERA Travelers Indemnity Company of America Fehr & Peers INSURER Travelers Indemnity Company of CT 100 Pringle Avenue, Suite 600 INSURERC Travelers Property Casualty Co. of America Walnut Creek, CA 94596 INSURER Travelers Casualty and Surety Company INSURER ACE American Insurance Company 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 rA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 680597SL604 11/01/08 11/01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE �OCCUR MED EXP(Any oneperson) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC B AUTOMOBILELIA6ILITY BA5980L010 11/01/08 11/01/09 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY CUP760OY174 11/01/08 11/01/09 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ zP D WORKERS COMPENSATION AND UB5847Y716 05/01/08 05/01/09 X WCSTATU- OTH- EMPLOYERS'LIABILITY E L EACH ACCIDENT $1,000,000 E L DISEASE-EA EMPLOYEO$1,000,000 EL DISEASE-POLICY LIMIT 1$1,000,000 OTHER E Professional Liability G21663049006 12/06/08 12/06/09 Per Claim $1,000,000 Annual Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional Insured endorsement attached. General Liability / Auto Liability: City of Rent is named as additional insureds. Professional Services for Rent - Transportation Master Plan Phase No. 2 CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL dMMMKV4 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 220 Fourth Avenue South KX XKJMMWMILXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXAXAAAXAX.XAX.AI Kent, WA 98032 USA AUTHORIZED REPRESENTATIVE ryo �GrccdCJ �• ®� ACORD 25S(7/97) scamp ®ACORD CORPORATION 1988 10473858 Certificate Delivery by CertlhcatesNow-www ConflrmNet com-877.669 8600 POLICY NUMBER: 680597SL604 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 12/04/08 NAMED INSURED: Fehr & Peers 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 B. The following is added to Paragraph a. of 4. Other (Section 11): Insurance in COMMERCIAL GENERAL LIABILITY Any person or organization that you agree in a"contract CONDITIONS(Section IV): or agreement requiring insurance" to include as an However, if you specifically agree in a "contract or additional insured on this Coverage Part, but only with agreement requiring insurance" that the insurance respect to liability for "bodily injury", "property damage" provided to an additional insured under this Coverage Part or "personal injury" caused, in whole or in part, by your must apply on a primary basis, or a primary and non- acts or omissions or the acts or omissions of those contributory basis, this insurance is primary to other acting on your behalf: insurance that is available to such additional insured a. In the performance of your ongoing operations, which covers such additional insured as a named insured, b. In connection with premises owned by or rented to and we will not share with the other insurance, provided you; or that: c. In connection with "your work" and included within (1) The"bodily injury"or"property damage"for the"products-completed operations hazard". which coverage is sought occurs; and Such person or organization does not qualify as an (2) The"personal injury"for which coverage is additional insured for "bodily injury", "property damage" sought arises out of an offense committed, or"personal injury" for which that person or organization after you have entered into that "contract or agreement has assumed liability in a contract or agreement. requiring insurance". But this insurance still is excess The insurance provided to the additional insured is over valid and collectible other insurance, whether limited as follows, primary, excess, contingent or on any other basis, that is d. This insurance does not apply on any basis to any available to the insured when the insured is an additional person or organization for which coverage as an insured under any other insurance. additional insured specifically is added by another C. The following is added to Paragraph 8. Transfer Of endorsement to this Coverage Part. Rights Of Recovery Against Others To Us in e. This insurance does not apply to the rendering of or COMMERCIAL GENERAL LIABILITY CONDITIONS failure to render any"professional services". (Section IV): f. The limits of insurance afforded to the additional We waive any rights of recovery we may have against any insured shall be the limits which you agreed in that person or organization because of payments we make for "contract or agreement requiring insurance" to "bodily injury", "property damage" or "personal injury" provide for that additional insured, or the limits arising out of "your work" performed by you, or on your shown in the Declarations for this Coverage Part, behalf, under a "contract or agreement requiring whichever are less. This endorsement does not insurance" with that person or organization. We waive increase the limits of insurance stated in the LIMITS these rights only where you have agreed to do so as part OF INSURANCE (Section III) for this Coverage of the "contract or agreement requiring insurance" with Part. such person or organization entered into by you before, and in effect when, the "bodily injury" or "property ©2007 The Travelers Companies,Inc CG D3 8109 07 Includes copyrighted material of Insurance Services Office,Inc.,with its percussion. Page 1 of 1 damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury"is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect, and C. Before the end of the policy period. CG D3 82 09 06 Includes copyrighted material of Insurance Services Office,Inc.,with its pernussion. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988