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HomeMy WebLinkAboutEC12-151 - Original - BERK & Associates Incorporated - Environmental Analysis 3 Alternative Land Use DSAP - 09/06/2012 Records Manag' ement,=. T � � sH,NGra» Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: BERK & Associates Incorporated Vendor Number: JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: Downtown Subarea Action Plan Contract Detail: Environmental analysis of 3 alternative land uses for the Downtown Subarea Action Plan DSAPP) Project Name: DSAP Contract Effective Date: Termination Date: 1/30/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gloria Gould-Wessen Department: ECD Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 KENT WASHINc,TON CONSULTANT SERVICES AGREEMENT between the City of Kent and BERK & Associates Incorporated THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK & Associates Incorporated organized under the laws of the State of Washington, located and doing business at 2025 First Avenue, Suite 800 - Seattle, WA 98121 - Phone 206.324.8760 (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: Conduct environmental analysis of three (3) alternative land uses for the Downtown Subarea Action Plan (DSAP) resulting in a Supplemental Environmental Impact Statement (SEIS) for the DSAP study area and write an associated Planned Action Ordinance for a portion of the DSAP study area, in accordance with Consultants' Scope of Work attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 January 30, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand and No/100 Dollars ($90,000.00), plus applicable Washington State sales tax, 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$10,000) 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 KENT: By: � � By: /u7 'n,(sr n tore) (signature) Print Named VYI�G�IAt( �o�,� Pri Na e Suzette Cooke Its U 1 It Ma or (ti le) DATE: "�'f'L DATE: / /2 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lisa Grueter, AICP Gloria Gould-Wessen, AICP BERK & Associates Incorporated City of Kent 2025 First Avenue, Suite 800 220 Fourth Avenue South Seattle WA, 98121 Kent, WA 98032 206.324 8760] (telephone) (253) 856.5441 (telephone) None (facsimile) (253) 856.6454 (facsimile) APPROVED7 TO F RM: _ V�J Kent Law Departme [In this field,you may enter the electronic fileDath where the contract has been saved] 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 , 2012.. By: - V AA� 1nr^n For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 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 , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A ATTACHMENT A CITY OF KENT DOWNTOWN STRATEGIC ACTION PLAN SUPPLEMENTAL EIS Scope of Services PARTIES City of Kent(City) Berk&Associates, Inc.(Consultant) INTRODUCTION The City desires to update its Downtown Strategic Action Plan (DSAP) last updated in April 2005. As expressed to the City Council when considering Resolution 1781,the City's project goals are to • Review what Kent has achieved and update recommended strategic actions to reflect potential new directions, • Expand the DSAP to function more like Kent's Comprehensive Plan and include Chapters such as Transportation, Land Use,Economic Development,Parks&Open Space,and Utilities, •mom pl ete-a-Planned-Action-O rd ina nee-(PAe)-based-o n-the-DSAP-updatea n d-i n el u de-an-envi ro n mental-analysis that will facilitate the permitting process and new development in downtown,and • Engage stakeholders to hear what is working and what is missing in downtown This scope of services will provide the City of Kent 1) a coordinated Environmental Impact Statement(EIS) to the City's new Downtown Subarea Action Plan (DSAP) and 2) an associated Planned Action Ordinance for a portion of the DSAP study area.The City's subarea plan and the Consultant's tasks will need to be tightly coordinated since they will be completed concurrently The Downtown study area will include the Kent Urban Center as well as an area west of SR-157 to 64th Avenue South (generally the Meeker/Washington Activity Center) and along Central Avenue to approximately S 234th Street The City wishes to make use of the recent City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011, which did call out analysis for Downtown and the Meeker/Washington activity center While the City anticipates growth levels similar to that studied in 2011, the potential rezones west of Downtown may shift how growth is distributed.Also,the City wishes to test a mid-range growth level to consider growth and mitigation phasing. Recognizing the information available in the recent City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, the Kent Transportation Master Plan, and other sources, this scope of services assumes that the DSAP EIS will be narrow in scope(i e.a Supplemental EIS),focusing on the identified areas of concern(i a land use and transportation), while providing enough detail to successfully complete the Supplemental EIS document and satisfy all procedural requirements The following tasks are addressed in this scope of services • Task 1.Supplemental EIS Project Initiation • Task 2.Preliminary Draft Supplemental EIS August 13,2012 1 • Task 3.Draft Supplemental EIS • Task 4.Final Supplemental EIS 0 Task S Implementing SEPA Ordinances TASK 1: SUPPLEMENTAL EIS PROJECT INITIATION Task 1.1 Data Collection and Review The Consultant will coordinate with City staff working on concurrent or recent planning efforts to collect professional literature and data pertinent to SEIS tasks Task 1.2 Kickoff Meeting The Consultant will organize and conduct a kick off meeting with the City to review project goals,coordinate SEPA and public participation, confirm the type of EIS (planned action and infill exemption) and associated level of technical analysis, and discuss potential alternatives for vetting during scoping. Following the kick off meeting, the Consultant will prepare a guidance memo that addresses roles and responsibilities, document approach and format, and other administrative items for use by the Plan/Supplemental EIS project team.A template for the Draft Supplemental EIS will be prepared The Consultant will also document the selected SEPA strategies, including the use of a planned action ordinance, mixed use mfili exemption, a summary of Supplemental EIS topics(i.e land use and transportation), and areas to be-sloped-out through-a SEPA-Checklist Task 1.3 SEPA Checklist The Consultant will prepare an expanded SEPA Checklist addressing all topics not to be addressed in the Supplemental EIS In particular, the Checklist will focus on adapting the information in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 to the current DSAP with i an emphasis on the following topics • Natural Environmental • Air Quality • Noise • Cultural Resources I • Public Services and Utilities Task 1.4 Scoping and Public Outreach The Consultant will assist the City in conducting a scoping process The Consultant will • Prepare a determination of significance and scoping notice; • Evaluate scoping comments received;and • Prepare a scoping report summarizing the scoping process,selection of alternatives,and comments received during scoping. Depending on the City's schedule for the subarea plan or its reading of recent SEPA laws (SB 6406-S SQ, the City may elect to conduct a scoping meeting for the community.If held,the Consultant will assist the City with meeting August 13,2012 2 preparation and facilitation The Consultant will also prepare a fact sheet that can be used to educate and inform the public and stakeholders about the process The Consultant will develop up to three graphic boards. Task 1.5 Alternatives Description The Consultant will prepare a preliminary draft, and following City comment, a revised draft Alternatives description. The alternatives description will include a description of the proposed land use patterns, planning envelope of anticipated development in the study area, building typologies under each alternative (using illustrations and photos developed in the Subarea Plan where possible), and circulation features that are part of the alternatives At this time,we anticipate inclusion of the following alternatives using a horizon year of 2031: • 2011 EIS No Action-based on the adopted Transportation Master Plan growth levels • 2011 EIS FEIS Review Alternative,which may be modified to reduce growth in Midway-growth may be redistributed elsewhere • One mid-range alternatives,for example based on Puget Sound Regional Council's(PSRC's) growth distributions In addition,the Alternatives description will describe a phased growth scenario 2020 to test a moderate amount of growth and identify associated improvements This may be less of an alternative, and more of a sensitivity analysis to determine an appropriate set of mitigation measures. Task 1.6. Urban Design Support See Attachment A This scope of services sets aside a budget for urban design support(via subconsultant Makers), which-may-include-the-suggested-items-in-the-Attachment`Ur-ban-Design-Support or-other-itemsrprovided-that the Consultant will define in written communication with the City the services and cost within the available budget prior to initiating work. The City will provide an authorization to proceed with the desired urban design support items. Consultant Deliverables • Kick off meeting attendance and meeting summary including roles and responsibilities I a Determination of Significance and Scopmg Notice • Preliminary draft,print check,and public draft SEPA Checklist • Preliminary draft,print check,and public scoping summary • Preliminary draft,print check,and public Alternatives description • Urban design support,subject to Attachment'Urban Design Support'and allocated budget • Attendance at one public meeting,which may address scopmg City's Role • Provide recent planning documents(e.g,Transportation Master Plan,Park&Open Space Plan, Comprehensive Plan,etc.); • Provide functional plans(e g.,sewer,water,storm water,etc}; • Provide recent Comprehensive Plan EIS documents; • Provide Downtown Subarea Action Plan-in progress; • Conduct household and job analyses for evaluation, August 13,2012 3 ® Provide data results of household and lobs for action alternatives and one no action, • Provide GIS and maps of DSAP land use alternatives; O Provide logistical support for scoping including notice distribution and meeting room arrangements, and V Prepare agency list for notification. 2.0 PRELIN41NARY DRAFT SUPPLEMENTAL EIS The Consultant will prepare a preliminary draft Supplemental EIS consistent with WAC 197-11 rules. The Preliminary Draft Supplemental EIS document will focus on technical analysis of the Alternatives and coordinated mitigation measures with the Draft Subarea Plan. For each topic, the following will be identified the affected environment, impacts common to all alternatives,impacts of each alternative,mitigation measures,and significant unavoidable adverse impacts.This scope of services assumes inclusion of the following Supplemental EIS sections. 2.1 General Sections The Consultant will prepare a fact sheet, table of contents, alternatives description (based on Task 1.5), appendices,and other necessary supporting documentation for City review. 2.2 Land Use Patterns and Plans and Policies The Subarea Plan or rezone concepts in the expanded study area may alter the land use pattern and growth phasing or growth totals in the Urban Center and Meeker/Washington study areas.The Consultant will review land use patterns, land use compatibility and activity levels, and population/employment capacity The Consultant will identify the relationship of the DSAP to the City's Comprehensive Plan and other functional plans The Consultant will identify policy or code provisions that serve as mitigation measures. 2.3 Downtown Kent Subarea Transportation Analysis The Consultant (through subconsultant Fehr & Peers) will prepare a transportation analysis according to the following subtasks: 2.3.1 Run Travel Demand Model The Consultant will: • Obtain future land uses(2031)from the City for 3 alternatives-Comprehensive Plan No Build(used in Transportation Master Plan),2011 EIS FEIS Review Alternative(modified in Midway),and a new alternative (Alternative X)defined by the City • Rerun Kent travel demand model for revised land uses.Apply smart growth trip adjustments as applicable to downtown land uses. • Extract traffic volumes for input to level of service analysis • Run one additional 2020 land use scenario to assist in prioritizing investments I 2.3.2 Transportation Analysis(2020 and 2031) • Meet with staff to identify appropriate LOS standards to apply to subarea analysis.Consider LOS metrics for i non-auto modes Meeting will include presentation of LOS used in other communities that address multiple travel modes • Calculate intersection and area LOS for downtown subarea and up to 3 additional corridors surrounding downtown August 13,2012 4 • Calculate LOS for non-auto modes if multimodal LOS chosen by city staff • Identify transportation mitigation needed to meet LOS standards • Prepare planning level cost estimates for mitigation projects. • Identify changes in traffic demands in the Kent-Midway area,comparing the 2031 Proposed Action Alternative with Alternative X. Identify locations where travel demands may increase or decrease in Midway and discuss possible implications to the mitigation strategy in the Midway subarea plan. No quantitative traffic analysis will be performed 2.3.3 Documentation • Prepare transportation section of the DSAP Supplemental EIS • Provide appendix with documentation of transportation analysis,including travel model, LOS analyses,and cost estimating. 2.3.4 Meetings • Attend up to 3 total meetings with staff,commission,and/or council(these may occur in conjunction with other tasks listed in this scope of services). 2.4 Consultation Based on scopmg comments in Task 14,if topics addressed in the SEPA Checklist(Task 13)require confirmation of technical issues or potential mitigation options, the Consultant will consult with subject matter experts (for example, historic, noise, air quality, public services) Prior to initiating consultation, the Consultant will obtain written authorization from the City Consultant Deliverables • Preliminary Draft SEIS—one Hard copy and electronic files o General Sections o Land Use technical analysis o Transportation technical analysis • Print Check Draft SEIS City's Role • Provide a consolidated set of internal comments on the Preliminary Draft SETS and Print Check SETS 3.0 DRAFT SUPPLEMENTAL SETS Based on City comments on the preliminary draft Supplemental EIS, the Consultant will prepare a draft Supplemental EIS for public review The Consultant will respond to one round of consolidated City comments on the Preliminary Draft SETS. The Consultant will then prepare a print check Draft Supplemental EIS to confirm accomplishment of City comments The Consultant will prepare a public Draft SEIS for City publication The Consultant will prepare the notice of availability for City publication The Consultant will attend a public meeting or hearing during the comment period regarding the Draft SEIS and associated Subarea Plan as appropriate. Consultant Deliverables • Draft SEIS—One Hard copy and electronic files; August 13,2012 5 • Notice of Availability City's Role • Track Public Comment; • Publish Notice of Availability;and • Prepare Distribution List_ • Print and distribute Draft SETS 4.0 FINAL SUPPLEMENTAL EIS The final Supplemental EIS will consist of a fact sheet, table of contents, draft Supplemental EIS analysis corrections as needed, description of the preferred alternative if needed, and responses to comments The Consultant will prepare a preliminary final Supplemental EIS for City review and comment. Based on City comments, the Consultant will prepare a final Supplemental EIS for public issuance The Consultant will prepare the notice of availability for City publication. This scope and budget assumes up to 20 unique comments are received. This scope assumes the Preferred Alternative is within the range of the Draft Supplemental EIS Alternatives and requires order of magnitude analysis. Consultant Deliverables • Preliminary Final SEIS—one Hard copy and electronic files o Responses to Comments—up to 20 unique comments o Preferred Alternative—order of magnitude level of review • Print Check Final SEIS • Public Final SEIS • Notice of Availability City's Role • Provide a consolidated set of internal comments on the Preliminary Final SEIS and Print Check Final SEIS • Print and distribute Final SEIS 5.0 IMPLEMENTING SEPA ORDINANCES The Consultant will assist the City withy SEPA Ordinance preparation as follows: 5.1 Planned Action Ordinance This tool is likely to be applied in the Urban Center To ensure that impacts and mitigation measures are addressed over the planning period, the Consultant will prepare the ordinance that designates the Planned Action The ordinance will address: the type of project action, compliance with the criteria for a planned action; findings related to adequacy of the Planned Action Supplemental EIS, and mitigating measures required to qualify future projects as Planned Actions The Consultant anticipates adopting the DSAP Planned Action Supplemental EIS and 2011 EIS as part of the Planned Action Ordinance. The SEPA Checklist at the scoping stage and the mitigation document will coordinate the mitigation measures from the 2011 EIS and the present Supplemental EIS. In addition, pursuant to 2ESSB 6406, the Consultant will prepare a planned action-specific checklist to determine August 13,2012 6 consistency with the planned action ordinance. The Consultant will participate in a public meeting or hearing to allow public comment on the Planned Action Ordinance The Consultant will confer with the City Attorney as appropriate regarding the planned action ordinance The scope of services and cost estimate assume a preliminary draft,public draft,and final draft ordinance and mitigation document 5.2 SEPA Infill Exemption The City may wish to consider an mfill exemption for the expanded study area to incentivize different land uses. The Consultant will draft a proposed categorical exemption for inclusion in the City's SEPA rules The exemption will indicate: • The level of residential,non-retail commercial,or mixed-use development that will be exempt • The area where the exemption will apply -• How the exemption will be applied to a proposed project Consultant Deliverables • Preliminary draft,print check,and public draft Planned Action Ordinance/Mitigation document and Infill Exemption Ordinance • Pursuant to 2ESSB 6406,checklist to guide future permit review to determine consistency with the planned action;and • Attendance at a combined public hearingfor the Planned Action Ordinance and Infill Exemption Ordinance City's Role • Publish Notice of Public Hearing,and • Provide a consolidated set of comments on the Preliminary Draft and print check ordinances,including City Attorney review GENERAL ASSUMPTIONS • Time may be transferred from one task to another due to greater or lesser level of effort,provided that each task shall be completed and the total budget shall not be exceeded • The City will provide available necessary government documents,studies,site plans,GIS data layers and mapping and other technical information pertaining to the study area,including any appropriate electronic GIs data,aerial photos,and drawings of areas within the project study area. • Research and data collection will be based on readily available secondary sources of information,including reports,inventories, maps and other similar literature from local government and other sources • The Consultant is preparing GIS figures for the EIS,except that the City will provide their own GIS figures for land use alternatives that the Consultant will incorporate into the EIS. • Consultant will provide entire document(s),where applicable,in the native, Microsoft Windows-compatible formats used to create the document(i.e., MS Word, Excel,etc.) • The City is responsible for document reproduction and distribution of all review and final drafts. • All Consultant deliverables will be limited to electronic file transfers and one hard copy. • The City is responsible for meeting advertisements,room reservations,and other similar logistics. August 13,2012 7 Cost Estimate Manager Project Associate Project Total Hours and manager Associate Estimated Cost 7017 Hourl Rate $160 $160 $115 $70 by Task Task 1:SUPPLEMENTAL EIS PROJECT INITIATION _ _ 6D 20 8 88 Subtotal D 60 20 8 88 $12,460 Task 2.PRELIMINARY DRAFT SUPPLEMENTAL EIS 56 12 14 82 Subtotal tl 56 12 14 82 $11,320 Task 3•DRAFT SUPPLEMENTAL SEIS 6 20 8 10 44 Subtotal 6 20 8 10 44 $5,780 Task 4:FINAL SUPPLEMENTAL EIS 4 24 12 16 56 Subtotal 4 24 12 3.6 56 $6,980 Task s:IMPLEMENTING SEPAORDINANCES 4 24 4 0 32 Subtotal 4 24 4 0 32 $4,940 Total Estimated Hours 14 184 56 48 302 Cost(Hours*Rate) $2,240 $29,440 $6,440 $3,360 $41,480 Fehr&Peers $38,120 Makers $8,000 Contingency Consultation $2,000 Subtotal Consultant Cost $89,600 Project Expenses @^1%of project budget $400 Estimated Project Total $90,000 August 13,2012 8 Attachment: Urban Design Support An 1 0— [1301:_.Tu4,,h 1 tc cr„J r[a ASV Ls ilk-]=rsn'.i Nir:la ilcy,^.� ` MEMORANDUM To: Lisa Grueter,Berk From: John Chven Data: August f 0,20122 Re: Kent DOWntown Ely—Urban deslgn services Lisa, I understand that the current thinking is to propose apreliminary urban design budget for the Kent Dowrnto,s n EIS project of about 50 hours of my brne at$1 60 rhr. Given this assurnphon,the fallowing is a partial Ilst of Items as a kind of'a la Carte menu"that we can assist the City with: • Prepare a streetscape Improvement plan emphasizing pedestrian improvements based on previous studies • Prepare preliminary street designs of specific streets. (Best done in conjunction With,f'ubllo works sta}t) • Based on a streetsaape hlproVemerttplan and prallminarystreet doslgns,develop street standards for the City to use in setting street improvement requirements for new development • Pevlew current zoning and design guidelines and recommend changes to attract desired development and,rnore spacCcaily,increase Downtown Kent's desirability as a residential neighborhood. • Prepare special urban design studies and illustrative graphics for specific downtown sub-districts key streets,or other focus areas • Provide solutions to Increasa compatibility between uses and zones. • Provide consultation regarding land use adges and connectivity to areas outside downtown. Of course,we can work on an on-call basis and shape our services to fit the City's needs. And in many cases we can achieve savings by only performing the specific tasks that the City needs and letting City staff do the remainder of the work. i would be happy to provide an aslimate for each deco when we can discuss exactly what is needed, Please let me knows if you have any questions regarding this'Imenu'. John O A :t�i".N65]:r„7-- or,:':7'. snrc•n&^ar_+�m 1�6Y•i[a.kac,aalu,»tin-Yla'7E August 13,2012 9 o� — c c c u ti m d O 3 a m w y m E @ T d w N R € z m o a a a E z CD o N d le Q CV w c o W CL a s Q w m is a. o c Z d C N 1- -> Z � m O o a m i yl� �- — - U 0 v 3 � I W Q w U vN 3 0 a w � N r m (n -- a w o c n N o E Y > a ..� T W � z w E c> olN v a d L N1 N j O a O w LLJ z C � w O c� o CL Z a �-- D Z w .. �a * f ® ty EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,006 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant 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 Consultant'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 ANII. EXHIBIT B (Continued) E. Verification of Coverage Consultant 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 Consultant 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 Consultant. M 9 1 1 j a DATE(MMdOO/YYYY) A`CORO CERTIFICATE OF LIABILITY INSURANCE 8/31/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pollcY(ieS) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s) CONTACT Henry Chao _ PRODUCER NAME_ McDonald Insurance Group, Inc PHONE Exit (425)827-7400 AC No (425ie27-7402 416 6th St S E MARLLSS,hen ry@mcdonaldins com PO BOX 3089 _ iNSURER(S)AFFORDING COVERAGE NAIC p_ Kirkland NA 98083-3089 INsuRERA V_all_ey_Forge Insurance Cc 050 _ INSURED INSURERS National Fire Insurance Co 047 Berk & Associates Inc INSURERC Underwr_lte_rs at Lloyds, London 15792 2025 First Ave Suite 800 INSURER D INSURER E Seattle WA 98121 INSURER COVERAGES CERTIFICATE NUMBER 11/12 REVISION NUMBER THIS IS TO CERTIFY THAT THE POL ICIES �-F INSURANCE L IS'ED BELOW HAVE BFFN ISSUED TO THE INSURED NAML7 -BOVE FOR THE POLICY PERIOD INDICA-FD NOTWITHSTANDING ANY RFOUiFEMENT -ERM OR CONDil ON OF ,iNf CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFRTFICATE MAY BE ISSUED OR MAY PERTAIN THE 'NSURANCE AFFCRDED BY THE POLICIES DESCRIBED HEREIN S SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ tNSR --- — POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MWDDIYYYY GENERAL LIABILITY LAC' OCCURRENCE $ 2,000,000 DAMAGr ro RevrED - 300,000 X I�COMMERCIAL GENERAL UABIUTY PR_F_MISES fta occurrence 5 _ _ 9/18/2011 /18/2012 10,000 A CLAIMS-MADE OCCUR 017749887 MED LXP IAny one person) $ - PERSONAL 6 ADV INJURY $ 2,000,000 GENERAL AGGRFGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODULTS LOMPIOP AGG $ 4,000,000 X PCI ICY 7 PR^O IOC S COMBINED AUTOMOSILE LIABILITY �a acc SINGLE LIMIT enti 5 1,000,000 ANY AUTO BODILY INJURY,Per person $ B X ALL OWNED SCHEDULED 4018239201 9/18/2011 /18/2012 SOOLY INJURY IPer accident) 5 _ AUTOS AUTNON OWNED PROPERTY t)AMAGE- HIRED AUTOS X AL"CS Pe+acndenl S Unnsured motorist combined UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS MADE AGGREGATE S t _ ___ .L: il- ,NTION S $ A )"X903pf700X$NBXX4PK I +STOP GAP - WASHINGTON WC 9TATU I X OTH I ""(EMPLOYERS LIABILITY �R ,NV °-T-P LTOR/P„RTNERIEXEOUTIVE ' EL EACH ACCIOENT 5 1100 0,0n00 cFi-', -zVF11ii-ReXLLUDEO? C YIN 'INIA 4017749887 9/18/2011 /18/2012 1 iMarurl In NHI EL DISEASE EA EMPLOYE S 000,000 If yes dear be under DESCRIPTION OF OPERATIONS beION EL DISEASE-POLICY LIMIT $ 2 000�000 C PROFESSIONAL LIABILITY I Iust201137208 9/18/2011 /18/2012 ,EACH CLAIM $1,000,000 $10,000 DEDUCTIBLE/CLAIM 'CLAIMS MADE POLICY AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule If more space is required) re Catty of Kent Cost Efficiencies Study City of Kent is additional insured, primary and noncontributory, for general liability as required by written contract per form SB146932D attached Certificate holder is additional insured for auto liability as required per written contract per form SCA 23 500C attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE F McAllister, Jr./KAT ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved. INC095 roc vuln m Th.Arnon nemn a.A innn aen•nnieiennA merbc nF Ar(llon SB-146932-D CNA (Ed 07f09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy 1 ADDITIONAL INSURED—BLANKET VENDORS employees or anyone else acting on its behalf However, this exclusion does not WHO IS AN INSURED is amended to include as an apply to additional insured any person or organization (referred to below as vendor) with whom you agreed because (1) The exceptions contained in of a written contract or agreement to provide Subparagraphs d. or f.; or insurance but only with respect to "bodily injury" or (2) Such inspections adjustments, tests or "property damage" arising out of"your products"which servicing as the vendor has agreed to are distributed or sold in the regular course of the make or normally undertakes to make in vendor's business, subject to the following additional the usual course of business, in exclusions connection with the distribution or sale of 1. The insurance afforded the vendor does not apply the products to 2. This insurance does not apply to any insured a. "Bodily injury" or "property damage" for which person or organization, from whom you have the vendor is obligated to pay damages by acquired such products or any ingredient, part or reason of the assumption of liability in a container, entering into, accompanying or contract or agreement This exclusion does containing such products not apply to liability for damages that the 3. This provision 2. does not apply to any vendor vendor would have in the absence of the included as an insured by an endorsement issued contract or agreement, by us and made a part of this Policy b. Any express warranty unauthorized by you, 4. This provision 2. does not apply if"bodily injury"or c. Any physical or chemical change to the "property damage" included within the "products- product made intentionally by the vendor, completed operations hazard" is excluded either by the provisions of the Policy or by endorsement d. Repackaging except when unpacked solely 2 MISCELLANEOUS ADDITIONAL INSUREDS for the purpose of inspection, demonstration, testing or the substitution of parts under WHO IS AN INSURED is amended to include as an instructions from the manufacturer and then insured any person or organization (called additional repackaged in the original container, insured) descriced in paragraphs 2.a through 2.h. below whom you are required to add as an additional $ e. Any failure to make such inspections, adjustments, tests or servicing as the vendor insured on this policy under a written contract or has agreed to make or normally undertakes to agreement but the written contract or agreement must make in the usual course of business, in be connection with the distribution or sale of the 1. Currently in effect or becoming effective during the products term of this poucy, and f. Demonstration, installation, servicing or repair 2. Executed prior to the "bodily injury," "property operations, except such operations performed damage"or"personal and advertising injury," but at the vendor's premises in conrection with the sale of the product, Only the following persons or organizations are additional insureds under this endorsement and g. Products which, after distribution or sale by coverage provided to such additional insureds is you, have been labeled or relabeled or used limited as provided herein as a container part or ingredient of any other thing or substance by or for the vendor, or a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising That person or organization for whom you do out of the sole negligence of the vendor for its work is an additional insured solely for liability own acts or omission or those of its due to your negligence specifically resulting SB-146932-D Page 1 of 5 (Ed 07109) SB-146932-D (Ed 07/09) from your work for the additional insured This insurance does not apply to "bodily which is the subject of the written contract or injury," "property damage" or "personal and written agreement No coverage applies to advertising injury" arising out of operations liability resulting from the sole negligence of performed for the state or municipality the additional insured c. Controlling Interest The insurance provided to the additional Any persors or organizations with a insured is limited as follows controlling interest in you but only with respect (1) The Limits of Insurance applicable to the to their liability arising out of additional insured are those specified in (1) Their financial control of you, or the written contract or written agreement or in the Declarations of this policy, (2) Premises they own, maintain or control whichever is less These Limits of while you lease or occupy these Insurance are inclusive of, and not in premises add,tion to, the Limits of Insurance shown in the Declarations This insurance does not apply to structural alterations, new construction and demolition (2) The coverage provided to the additional operations performed by or for such additional insured by this endorsement and insured paragraph F .of the definition of"insured d, Managers or Lessors of Pre ices contract" under Liabdit and Medical E enses Definitions do not apply to A manager or lessor of premises but only with "bodily injury" or "property damage" respect to liability arising out of the ownership, arising out of the "products-completed maintenance or use of that specific part of the operations hazard" unless required by the premises leased to you and subject to the written contract or written agreement following additional exclusions (3) The insurance provided to the additional This insurance does not apply to insured does not apply to "bodily injury," "property damage" or "personal and (1) Any "occurrence" which takes place after advertising injury" arising out of the you cease to be a tenant in that premises, rendering or failure to render any or professional services (2) Structural alterations, new construction or b. State or Political Subdi isions demolition operations performed by or on behalf of such additional insured A state or political subdivision subject to the e. Mortgagee Assignee or Recei er following provisions (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, state or political subdivision has issued a assignee, or receiver and arising out of the permit in connection with premises you ownership, maintenance, or use of a premises own rent, or control and to which this by you insurance applies This insurance does not apply to structural (a) The existence maintenance repair, alterations, new construction or demolition construction erection or removal of operations performed by or for such additional advertising signs awnings, canopies, insured cellar entrances, coal holes, f. O ners Other Interests—Land is Leased driveways, manholes, marquees hoistaway openings, sidewalk vaults, An owner or other interest from whom land street banners or decorations and has been leasea by you but only with respect similar exposures, or to liability arising out of the ownership, b The construction, erection, or maintenance or use of that specific part of the ( 1 land leased to you and subject to the following removal of elevators, or additional exclusions (2) This insurance applies only with respect This insurance does not apply to to operations performed by you or on your behalf for which the state or political (1) Any "occurrence" which takes place subdivision has issued a permit after you cease to lease that land or SB-146932-D Page 2 of 5 (Ed 07109) SB-146932-D (Ed 07/09) (2) Structural alterations, new Da age To Pro ert is replaced by the construction or demolition operations following performed by or on behalf of such k. Da age To Pro ert additional insured g. Co o ner of Insured Pre ises "Property damage"to. 1 A co-owner of a premises co-owned by you . Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred io you or any other person, owner of such premises o or entity for repair replacement, t, enhancement, h. Lessor of E ui ent restoration or maintenance of such property for any reason, including Any person or organization from whom you prevention of injury to a person or lease equipment Such person or organization damage to another's property, are insureds only with respect to their liability arising out of the maintenarce operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon if the "property damage" such person or organization A person's or arises out of any part of those organization's status as an insured under this premises, endorsement ends when their written contract 3. Property loaned to you, or agreement with you for such leased equipment ends 4 Personal property in the care, With respect to the insurance afforded these custody or control of the insured, additional insureds, the following additional That particular part of any real exclusions apply property on which you or any This insurance does not apply contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires,or damage" arises out of those (2) To "bodily injury." "property damage" or operations, or "personal and advertising injury" arising That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it designated under paragraphs b. through h above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work"and damage" included within the "products-completed were never occupied, rented or held for operations hazard" rental by you 3. The following is added to Paragra h H. of the Paragraphs 1, 3, and 4, of this exclusion "s BUSINESSOWNERS COMMON POLICY do not apply to "property damage" Cotner CONDITIONS than damage by fire or explosion) to premises H. Other Insurance (1) rented to you 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days either primary or primary and A separate limit of Insurance noncontributing applies to Damage To Premises Rented 4 LEGAL LIABILITY—DAMAGE TO PREMISES To You as described in Section D Liability and Medical Expenses Limits of A. Under B Exclusions, 1 Applicable to Insurance Business Liability Coverage, Exclusion k. SB-146932-D Page 3 of 5 (Ed 07/09) SB-146932-D (Ed 07/09) Paragraphs 3, 4, 5 and 6 of this ( ) Any trustee, if you or an additional exclusion do not apply to liability insured is a trust, or assumed under a sidetrack agreement (, ) Any elected or appointed official, if you or Paragraph 6 of this exclusion does not an additional insured is a political apply to "property damage" included in subdivision or public entity the "products-completed operations This paragraph a applies separately to you hazard " and any additional insured B. Under B. E clusions 1. A licable to Bodil In ur Business Liabilit Co erage the last paragraph of 2 Exclusions is deleted and Section F. Liabilit and Medical E enses replaced by the following Definitions item 3 "Bodily Injury" is deleted and Exclusions c d e f g h i k 1' n and o replaced with the following do not apply to damage by fire to premises Bodil in ur means bodily injury, sickness or while rented to you or temporarily occupied by disease sustained by a person including death, you with permission of the owner or to the humiliation, shock, mental anguish or mental contents of premises rented to you for a injury by that person at any time which results as period of 7 or fewer consecutive days A a consequence of the bodily injury sickness or separate limit of insurance applies to this disease coverage as described in Section D. Liabilit And Medical E enses Li its Of E anded Personal and Ad ertising In ur Definition Insurance C. The first Paragraph under item . Da age To The following is added to Section F. Liabilit and Pre ises Rented To You Li it of Section Medical E enses Definitions ite 14. D Liabilit And Medical E enses Li its Personal and Ad ertising in ur in the Of Insurance is replaced by the following Businesso ners General Liabilit Co erage For The most we will pay under Business Liability h Discrimination or humiliation that results in for damages because of "property da age to an one re ises while rented to you, or injury to the feelings or reputation of a natural temporarily occupied by you with the person but only if such discrimination or permission of the owner including contents of humiliation is such premises rented to you for a period of 7 1. Not done intentionally by or at the or fewer consecutive days, is the Damage to direction of Premises Rented to You limit shown in the Declaration a. The insured, or Broad Kno ledge of Occurrence b. Any "executive officer," director, stockholder, partner, member or The following items are added to E. manager (if you are a limited liability Businesso ners General Liabilit Conditions company)of the insured, and in the Businesso ners Liabilit Co erage For 2. Not directly or indirectly related to the employment, prospective employment, e. Paragraphs a. and b. apply to you or to any past employment or termination of additional insured only when such employment of any person or person by "occurrence,"offense, claim or"suit" is known any insured to B. The following is added to Exclusions, Section (1) You or any additional insured that is an B individual (1 )Discri ination Relating to Roo (2) Any partner if you or an additional D elling or Pre ises insured is a partnership, Caused by discrimination directly or (3) Any manager, if you or an additional indirectly related to the sale rental, lease insured is a limited liability company, or sub-lease or prospective sale rental, (4) Any "executive officer" or insurance lease or sub-lease of any room dwelling manager, if you or an additional insured is or premises by or at the direction of any a corporation, insured SB-146932-D Page 4 of 5 (Ed 07/09) SB-146932-D (Ed 07/09) (1 )Fines or Penalties Personal and Ad ertising In ur Co erage Fines or penalties levied or imposed by a does not apply to policies issued in the states of New York or Ohio governmental entity because of discrimination D. This provision (E anded Personal and Ad ertising In ur ) does not apply if C. This provision (E` anded Personal and Personal and Ad ertising In ur Liabdit is Ad ertising In ur ) does not apply to excluded either by the provisions of the Policy discrimination or humil anon committed in the or by endorsement states of New York or Ohio Also, E anded a 0 a r 8 _z SB-146932-D Page 5 of 5 (Ed 07/091 SCA 23 500C (Ed 02/08) Hired Autos d. The most we will pay for "loss" to a covered "auto"in any one accident is the lesser of Subject to the following, if Physical Damage coverage is provided under this policy then Hired (1) 5,000,or Auto Physical Damage is extended to (2) 20 of the "auto's" actual cash value a. Any covered "auto" you lease, hire, rent or (ACV) borrow without a driver, and E Airbag Co erage b. Any covered "auto" hued or rented by your The accidental discharge of an airbag shall not be "employee" without a driver, under a contract considered mechanical breakdown in that individual "employee's" name, with your permission, while performing duties F. Duties In The E ent Of Accident Clai Suit Or related to the conduct of your business Loss C. The most we will pay for any one "accident" or 1. The following, relative to your notification "loss" is the actual cash value cost of repair, obligation is added as the last paragraph of Loss cost of replacement or 50,000 whichever is Condition 2 a. less minus a 500 deductible for each c Your "employees" may know of an "accident" or covered auto No deductible applies to "loss" caused by fire or lightning "loss" This will not mean that you have such knowledge, unless such "accident" or 'loss" is d. Such physical damage coverage for hued known to you or if you are not an individual, to any "autos"will of your executive officers or partners or your (1) Be excess over any other collectible insurance manager insurance, 2. The following paragraph, relative to your obligation (2) Include loss of use, provided it is the to provide us with documents is added to Loss consequence of an "accident" for which Condition 2 b.(2) the Named Insured is legally liable, and Your "employees" may know of documents as a result of which a monetary loss is received concerning a claim or"suit" This will not sustained by the leasing or rental mean that you have such knowledge, unless concern receipt of such documents is known to you or if Such coverage as is provided by this you are not an individual, to any of your executive provision (2) will be subject to a limit of officers or partners or your insurance manager 750 per"accident" G. Unintentional 0 issions Di inution In Value Your failure to disclose all hazards existing on the date Subject to the following the "diminution in value" of inception of this Coverage Form shall not prejudice exclusion (Section III)does not apply to you with respect to the coverage afforded provided such failure or omission is not intentional a. Any covered "auto" of the private passenger H. International Co erage—Hired Autos type you lease hue rent or borrow without a driver for a period of 30 days or less, while Paragraph . Policy Period, Coverage Territory of the performing duties related to the conduct of General Conditions is amended by the addition of the your business, and following b. Any covered "auto" of the private passenger The coverage territory is extended to anywhere in the type hued or rented by your "employee" world if without a driver for a period of 30 days or less, under a contract in that individual a. A covered "auto" of the private passenger type is "employee's" name, with your permission, leased hired, rented or borrowed without a driver while performing duties related to the conduct for a period of 45 days or less, and of your business b. The "insured's" responsibility to pay damages is C. Such coverage as is provided by this determined in a "suit" on the merits, in the United provision is limited to a "diminution in value" States of America, the territories and possessions loss arising directly out of accidental damage of the United States of America, Puerto Rico or and not as a result of the failure to make Canada or in a settlement we agree to repairs, faulty or incomplete maintenance or WARNING repairs, or the installation of substandard parts Auto accidents in Mexico are subject to the laws of Mexico only Not the laws of the United States of America SCA 23 500C Page 2 of 3 (Ed 02/08) SCA 23 500C (Ed 02/08) Hired Autos, d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of Subject to the following, if Physical Damage coverage is provided under this policy then Hired (1) 5,000,or Auto Physical Damage is extended to (2) 20 of the "auto's" actual cash value a. Any covered "auto" you lease, hire, rent or (ACV) borrow without a driver, and E Airbag Co erage b. Any covered "auto" hired or rented by your The accidental discharge of an airbag shall not be "employee" without a driver, under a contract considered mechanical breakdown in that individual "employee's" name, with your permission, while performing duties F. Duties In The E ent Of Accident Clai'. Suit Or related to the conduct of your business Loss c. The most we will pay for any one "accident"or 1. The following, relative to your notification "loss" is the actual cash value, cost of repair, obligation, is added as the last paragraph of Loss cost of replacement or 50,000 whichever is Condition 2 a. less minus a 500 deductible for each c Your "employees" may know of an "accident" or covered auto No deductible applies to "loss" caused by fire or lightning "loss" This will not mean that you have such knowledge unless such "accident" or "loss" is d. Such physical damage coverage for hired known to you or if you are not an individual, to any "autos" will of your executive officers or partners or your (1) Be excess over any other collectible insurance manager insurance, 2. The following paragraph, relative to your obligation (2) Include loss of use provided it is the to provide us with documents is added to Loss consequence of an "accident" for which Condition 2.b.(2) the Named Insured is legally liable, and Your "employees" may know of documents as a result of wnich a monetary loss is received concerning a claim or"suit" This will not sustained by the leasing or rental mean that you have such knowledge, unless concern receipt of such documents is known to you or if Such coverage as is provided by this you are not an individual to any of your executive provision (2) will be subject to a limit of officers or partners or your insurance manager 750 per"accident" G. Unintentional O issions Di mution In Value Your failure to disclose all hazards existing on the date Subject to the following, the "diminution in value" of inception of this Coverage Form shall not prejudice exclusion (Section III)does not apply to you with respect to the coverage afforded provided such failure or omission is not intentional a. Any covered "auto" of the private passenger H. international Co erage—Hired Autos type you lease hire, rent or borrow, without a driver for a period of 30 days or less, while Paragraph Policy Period, Coverage Territory of the performing duties related to the conduct of General Conditions is amended by the addition of the your business, and following b. Any covered "auto" of the private passenger The coverage territory is extended to anywhere in the type hired or rented by your "employee" world if without a driver for a period of 30 days or less, under a contract in that individual a. A covered "auto" of the private passenger type is "employee's" name with your permission, leased hired, rented or borrowed without a driver while performing duties related to the conduct for a period of 45 days or less,and of your business b. The "insured's" responsibility to pay damages is c. Such coverage as is provided by this determined in a "suit" on the merits, in the United provision is limited to a "diminution in value" States of America, the territories and possessions loss arising directly out of accidental damage of the United States of America Puerto Rico, or and not as a result of the failure to make Canada or in a settlement we agree to repairs faulty or incomplete maintenance or WARNING repairs, or the installation of substandard parts Auto accidents in Mexico are subject to the laws of Mexico only Not the laws of the United States of America SCA 23 500C Page 2 of 3 (Ed 02/08) SCA 23 500C (Ed 02!08) The Republic of Mexico considers any auto accident a a. An "auto" owned by that "executive officer" or cn trial offense as well as a civil matter a member of that person's household, or In some cases the coverage provided under this b. An "auto" used by that "executive officer' endorsement may not be recognized by the Mexican while working in a business of selling, authorities and we may not be allowed to implement servicing, repairing or parking "autos" this coverage at all in Mexico You should consider Such Liability and/or Physical Damage Coverage purchasing auto coverage from a licensed Mexican as is afforded by this provision .1 will be Insurance Company before driving into Mexico I. Bodil In ur —Mental In ur (1) Equal to the greatest of those coverages afforded any covered "auto", and The definition of "bodily injury" (Section V) is revised (2) Excess over any other collectible as follows insurance "Bodily injury"means bodily injury,sickness or disease 2. For purposes of this provision "executive sustained by a person including mental anguish, officer" means a person holding any of the officer mental injury or death resulting from any of these positions created by your charter, constitution, by- Drt a Other Car Co erage—E ecutr a Officers laws or any other similar governing document, and, while a resident of the same household, 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Lability Coverage while being includes that person's spouse used by, and for Physical Damage Coverage Such "executive officers" are 'insureds" while while in the care, custody or control of, any of your using a covered 'auto"described to .1. "executive officers,"except N R N QW O_ SN m SCA 23 500C Copyright,CNA Corporation,2000 Page 3 of 3 (Ed 02/08) Includes copyrighted material of the Insurance Services Office used wih its permission McDonald Insurance Group, Inc. P.O Box 3089 Kirkland, WA 98033 Applicable to ACORD 25 -Certificate of Liability This certificate of liability insurance does not necessanly imply that primary coverage or other additional insured requirements are provided I'm the additional insured(s) unless an endorsement is attached specifying these coverages. This certificate does not necessarily comply with all contract requirements between the named insured and the additional insured(s). All involved parties should have their attorney review the policy for actual covciage and compliance with then written agreement or contract . Applicable to ACORD 25, 27, 28, and 24 This certificate is the "latest" ACORD 25 (May, 2010) Certificate of Liability Insurance, or ACORD 27 (December, 2009) Ev idence of'Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24 (September 2009) Certificate of Property Insurance In order to issue certificates from our agency, these rev isums listed above must be used 11 you previously iceeived an ACORD 25, 27. 28 or 24 with an earlier revision date, there are notable changes between the forms Please note the following significant characteristics of the new ACORD forms. ❖ The cancellation clause refers back to the policy terms ❖ Cancellation notice from the insurance carrier is provided to the first named insured That right is not available to certificate holders ❖ The ACORD form is copyrighted Permission to alter it is not available ❖ As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates Carriers do not authorize us to include special language or alter the form ev en v%ithout the copyi fight concerns The carriers also do not authorize us to complete special coverage forms provided by the certificate holder NEON ■i� ME McDonald Insurance Group, inc --Po Box 3089 Kirkland, WA 98083 i REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WPSHINGTCN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) i pp Phone (Originator). Originator g l � ( �. Date Sent. Date Required Retutn Signed Document to. �, C�TRACT TERMINATION DATE: l' i �C VENDOR NAME;�L � L ;ji✓ ( t�Z� DATE OF COUNCIL APPROVAL: C'N IZ Brief Explanation of Document. 4 1 CL ►� , r v i �� , �� t-� ti l �� �, �`� �-vr�- ��f tn ��c_-Cep � �C, �t� 0 . ��r�:�,•� All Contracts Must Be Routed Through the Law Department lThis Area to be Compieted Bti the Law Department) Received: � \ 7 tl�e € �tayvr Approval of Law Dept n Law Dept Comments �Q K Date Forwarded to Mayor F Shaded Areas to Be Completed by Administration Staff Received: , �r 'k �U .-4 L Recommendations & Comments J CITY OL KEN Disposition: /� 6 /Z iZC` f Ehrttt�', Date Returned Iaoe5870 • 3/05