Loading...
HomeMy WebLinkAboutEC15-244 - Original - Smart Growth America - Meeker Street Phase I - 07/14/2015 I Records M eme � , KENT X. � �°° Document WAINIHQTON � tys I # ."'OVA n xk 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 Clerk's Office. Vendor Name: Smart Growth America Vendor Number: 935279 JD Edwards Number Contract Number: FIC111 � -- LIHH This is assigned by City Clerk's Office Project Name: Meeker Street Phase I Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: July 14, 2015 Termination Date: December 31, 2015 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben Wolters Department: Econ & Comm Development Contract Amount: $12,500 Approval Authority: (CIRCLE ONE)r'bepartment Directq� Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 i i KENT wee Hixo.i CONSULTANT SERVICES AGREEMENT between the City of (Cent and Smart Growth America THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Smart Growth America organized under the laws of the State of Washington DC, located and doing business at 1707 L Street NW #250, Washington DC 20036 (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: =Workshoop and Communicate Workshop Agenda and Material; eduled for late August 2015); Exhibit Al &A2. Contract amount will not exceed $12,500. 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. Consultant shall complete the work described in Section I by December 31, 2015, III. COMPENSATION. i A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $12,500, 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 Al- &A2. 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 CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) j 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 Clty 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. CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) i 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 WAIVE R. 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. i 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 flies available to the City upon the City's request. The City's use or reuse of any of the documents, data and flies 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. CONSULTANT SERVICES AGREEMENT- 3 (Over$10,000) I 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 req uires 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-Walver 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 vold. 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 CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) 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. City Businps5 License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, J. 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 ENT: By: �' it,11 By: (signature) Print Name t .,Y:,, I lclr c y Print Name: (Z;i Its f c , a�� -- Cr Its 'oon ! 1 ec ar Rrne) - DATE:_ I t y t a 5 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Paula Offord Ben Wolters, Econ & Comm Development Dir. Smart Growth America City of Kent 1707 L St NW #250 220 Fourth Avenue South Washington DC 20036 Kent, WA 98032 202-971-3933 (telephone) (253) 856-5703 (telephone) 202-207-3349 (facsimile) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department (1n lhh nm,you may inter the eh CtM*111apeth when,the contrad has heen saved] CONSULTANT SERVICES AGREEMENT- S (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; I 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. S. 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 tRo, fulfill the five requirements referenced above. By: F r; For; ti Title: Date: �.1 i EEO COMPLIANCE DOCUMENTS - 1 I 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 I 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. i By: I For: Title: Date; i I EEO COMPLIANCE DOCUMENTS - 3 II i Proposed Scope of Work Exhibit A Meeker Street Corridor Investment Considerations May 20, 201S Overview Kent, Washington is the second-oldest city in King County. Downtown Kent's transformation from agricultural community to a larger hub of commemlal activity began with a railroad depot, and continues today as It becomes regional commuter and services hub for South King County. Kent's historic commercial district remains largely Intact. Today a variety of shopping and housing options are within very short- walking distance to one of the largest public transportation hubs in South King County. Kent is working to leverage regional investment in commuter rail by developing a new vision for the Meeker Street corridor from the rail station area West to the Green River. As the City plans for the future of the Meeker Street corridor it desires to conduct a workshop on planning for economic and fiscal health and Complete Streets concepts to ensure that the proposed investment results in a multi-modal transportation corridor that supports Transit Oriented Development (TOD) and enhances quality of life. The City proposes to engage Smart Growth America (SGA) to provide senior transportation professionals from outside of Washington with considerable experience and expertise in multi-modal transportation corridor development to lead the workshop. Work Plan Task 1 - Develop and Communicate Workshop Agenda and Materials Task descrfptfon The City and SGA will develop materials and create an agenda for a discussion of a state-of-the-practice approach to transportation investment in the Meeker Street corridor. Work to be accomplished • SGA and City teleconference to discuss workshop P • ' SGA prepares draft scope and schedule • City develops workshop materials In consultation with SGA, including: o Aerial photos of the corridor o Traffic count mapping for corridor, including bicycle and pedestrian counts, If available o Last three years of available crash data, by mode If possible o Land use/zoning mapping for the corridor o Mapping of regional and local transit routes and ridership o Mapping of regional and local bicycle and pedestrian facilities o Mapping of regional and local truck routes/commercial corridors o A presentation of City and transit agencies policies, plans, and Initiatives that Inform the corridor visioning exercise • SGA develops Planning for Economic and Fiscal Hea/th and Compiefe Streets Design Considerations presentations • SGA and City review materials and presentations • SGA and City teleconference to discussion presentations and materials • Materials and presentations updated to Incorporate comments DOOKWabies • Two conference calls • Draft and final agenda • Workshop materials (by City) • Draft and final workshop presentations (by SGA and City) Task 2, Workshop (Scheduled for late August 2015) Oblectfvea The City and SGA will conduct a one and one half-day workshop to: • Engage with City staff and key stakeholders on TOD, Complete Streets concepts and terminology; • Work with the City and stakeholders to assess competing Interests, needs and barriers to achieve making Meeker Street a multi-modal corridor that supports the current and future context of the corridor and area; • Create conceptual typical sections using StreetMk and key Intersection details (hand drawings by City staff) consistent with the City's vision for a multi-modal transportation corridor consistent with current and future land use plans; and • Identify possible funding strategies for Improvements within the right-of-way. Work to be accomp/fahed • Deliver a one and one-half day workshop in conformance with the following draft agenda: Agenda Day One • 12:00 p.m. to 3:00 pm - Lunch with staff and tour of corridor • 3:30 p.m. to 5:00 p.m. - Presentation and discussion on Planning for Economic and Fiscal Health o Presentation by Roger Millar, PE, AICP Agenda Day TWo • 7.30 a.m. to 8000 a.m. - Gathering • 8:00 a.m. to 8.15 a.m. - Welcome and Introductions o Elected official/City staff TBD o Roger Millar, PE, AICP • 8:15 a.m. to 9:30 a.m. - Complete Streets Design Considerations o Presentation by Marshall Elizer, PE, PTOE • 9:30 a.m. to 10:00 a.m. - Existing City Policies, Plans, and Initiatives o Presentation by City staff f 10:00 a.m. to 10:15 a.m. - Break • 10:15 a.m. to 12:15 p.m. - Needs Assessment Discussion o Facilitated by Roger Millar, PE, AICP • 12:15 p.m. to 1:00 p.m. - Lunch • 1:00 p.m. to 3:00 p.m. - Conceptual Design Discussion o Facilitated by Marshall Elizer and Roger Millar • 3.00 p.m. to 3:15 p.m. - Break • 3:15 p.m. to 4:15 p.m. - Conceptual Design Discussion (continued) • 4:15 p.m, to 5:45 p.m. - Funding strategies discussion o Facilitated by Roger Millar, PE, AICP i i • 4:45 p.m. to 5:00 P.M. - Conclusions and Next Steps • 5:00 p.m. -Adjourn • Prepare a draft 5 to 10 page "Next Steps Memo" summarizing the workshop and the team's recommendations to the City for City review • Memo review (by City) • Revise the memo based on City comment and submit final • Meeting notes (By City) • StreetMix typical sections • Intersection detail drawings (by City) • Draft and final "Next Steps Memo" I if Exhibit A-2 ^r Smart C rowch America Kent,WA-Meeker Street Corridor Proposed Project Budget May 20,2015 Task Miller Elizer Hours Cost Hours Cost Total Pavelop and Communicate Workshop Agenda 8 $943 8 $1,39B $2,340.78 Workshop 24 $2,830 24 $6,590 $8,410.92 Total Staff and Consultant 32 $3,773 30 $6,968 $10,760.70 Expense Units Unit Cost Total Alders 2 $500 $1,000 Hotel 2 $200 $400 lid Per diem 4 $75 $300 Local Transportation 1 $40 $40 r Total Expenses $11,740 � Total Project $12,500.70 I 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: y 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. Commercial General Liability_ insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensatlon coverage as required by the Industrial Insurance laws of the State of Washington. 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. CoMn2gerqjgil Gene al LI&W Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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 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 A:VII. 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 Consultant 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. I SMARGRO.01 AHILL CERTIFICATE OF LIABILITY INSURANCE DAM(MMmDNWV) 0/8/2096 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 certlilcate holder I all ADDITIONAL INSURED,the Policy(1")must be endorsed. I(SUBROGATION IS WAIVED,sub Ject to the to mie and condhiona of the policy,certain Pullcles may require an endorsement A statement on this 0e11111cete does not corder rights to the Certlgcate holder In Ileu olsuch endoreemenl(s), PReeucER License#OC30861 NA ^eT Anna HIII Cha4530 li lflaa d ine 200Inc. ) _ 1 c N ;(709 387.088E Chantilly, Rd Ste 200 a 703 197.0877 Chantilly,VA 20161.228E INaUReR{aI AProRDIHD COVERAOR NAN:0 _.. ._ INBUR[RA,FederalInsuranceCompany 20281 _ _ _. INBURERB: Smart Growth America INeURER CI St n, Ste INSURERD: Washington,DC 2003D038 -- - - ---- INBURlREi INBURERF; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NONATHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER OOCUMENTW,TH RESPEC770 WHICH THIS ,I CERTIFICATE MAY BIE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. V7 —. ..' ADDL'.Bu A TYPALG NBBMNCE - A X COMM[RC4LOENEMLUpBIL11Y OLSP YI�O'. POLICY NUMBER -LL, MMIpOn"/YYJ, _ Y UL9re RACHOCCURRENOR ! __ 1,000,00 _. culLLs•MAOE ❑X occua 38818165 03H012016 03MO12016 D 'ee - nee s 1,000,00 -- __ McDExv aw Ron E 10,000 PERSONAL eADV INJURY i 1,000,00 OENLAGOREGATE UgMpn APPLIESPER: GENERALAOOREOATE i $OOO,OOO X PdJCY JEOT LOC PRODUCTS-COM IOPAGG $ Included OT ER: 'Host Liquor B Included AUTOMOSILEUMIU Y _ C ED I ELIMO '— 1Eae den11 ® A _ 1,000,00 _ AWAUTO 35815168 03/1012016 0311012016 BODILY INJURY(Perpmonl e ALLOWNED BCNEDULED AUTOS WOOS BODILY IN.NRY(Per&WdW) 6 X HIREDAUTS AUTOS S --. 9I BCtIdO 1 B X UMBRELLq LIAR X OCCUR EACH OCCURRENCE S 2,000,000 A EXCES3 LIAO CLAIMS.MADE 19845011 031101201E 0311012016 AGGREGATE ! _ 2,000,00 DED RETEMIOUS f - WORNERSCOMPENSATION q — AND EMPLOYERS'UABIUTY X TE li YIN A AM PROPRIETORIPARTNERA:XECUrNE 71741000 0810812014 OS10812016 E,LEACHACCIDENT S _ 100,000 OFFlCERNEMBEERREXCLUDED? u NIA IMandooryld NHI E.L.DISEABE•EA EMPLOYEE 4 100,0 �I I yy09 d9Wl,g l'rylpf ESCMm'IONOP OPERATIONS Iw1dW E.L.WeME•POLIGYLIMIT 3 600,00 OEaCRIPTIONOFOPERATIONS!LOOATONa11101 ee(A00R0101,pdditlddtl lhmde 80hFdule,nuYbeN9oM1edNnwn Fp9eehrolUlnd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent,Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 Weal GOwe ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 08032 AUTHOORRRUEOREPREBENTATIVE V 0T 1908.2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014/01) The ACORO name and logo are registered marks of ACORD i i KICustomarq Series Customarq Classic Insurance Program Premium Summary Chubb Group of knosawnce Companies 15 Mountain View Road Warren,NJ 07069 Named Insured and Mailing Address Policy Number 3581.61-89 EUC SMART GROWTH AMERICA DBA TRANSPORTATION FOR AMERICA El 90011e Data DUNE 3,2015 1707 L ST NW STE 250 WASHINGTON,DC20036 Issued by the stook lnsurance company Indicated below,herein called the company. FEDERAL INSURANCE COMPANY Producer NO, 0059913.00004 Incorporated under the laws of INDIANA Producer ALLIANT INSURANCE SERVICES,INC, 701 B STREET,6TH FLOOR SAN DIEGO,CA 92101.8156 "RWkY naagr' �wr• �wx,xxMMYNK, .�•, gyp ' Policy Pedod From; MARCH 1%2015 To: MARCH 10,2016 12,01 A.M.standard Onto at the Named Insured's mailing address shown above. '. 121010~ xataaxaatr s. ••,, xaaaaarwra, .. , visswisimmme.Am....... Prmmlum Payment The Fist Named Insured shown In the Declarations is responsible for the paymentof all premiums and will be the payee for anyI, return premiums we pay. /WAW -`i .fbWMWWW ! MpWWWbfaWWWWt Ry,�aMagy�gXw.nYLIiMNiKaI pgppppa YW; �lC.LMMWY'1• vGYMAWaIYWWWN 4 Premium Audit Certain classifications within our rates and rules indicate that premiums calculated therefrom can be significantly affected by large Increases or decreases In your buslnamresuhs,Bayed upon our underwriting review of information provided by you,we may at our d1uredon perform a premium audit,You may also request such an audit If an audit Is conducted and additional premiums arc due,they am payable upon nofice to the First Named Insured,If as a result of an audit the premium paid is greater that the earned premium,we will return the oacoss to the First Named Insured,The First Named Insured must keep records of die Information we need to perform the audit and sand tie copies at such tithes as we may request $Zone"n• »avuxuaatc'n'e .aawww ' atssww»'nasaoaWaswu xA MAAMMMWW Coverage Rate Prrmlum TOTAL ; 201.00 leave Oars: J NE2e,2016 oonanuad Form 60602.9=(FaV 10-05) Premium sumrhary Page 1 Ij Premlufn Summary (continued) ADDITIONAL INSURED CHANGES. If ATD coverage Is provided on this policy,additional cortil lcatc and handling fees may be Imposed during the policy team. mwwrx:�„ .�.xwmv.••.• •xzww ,,,.,naxea•„ a• ^•waawwwaMJ Coverage Premium Additional cer iftate and handling fees may be imposed as respects to certification ofpmeseuro equipment as mandated by State and/or local jurisdictional authorities. 4WfiW,* '" "xWYaXW'J W.z�Wxl 'xY�tlM.�iXFM�M�ti/d"MWMMMMWIMWNMt ^ ••n...... .M1rWJ�Wx Payment Plan The bill that cormsp(nde with this policy has been mulled separately.When you receive the bill,please pay the amount due by the date Indicated.Payment should be made directly to Chubb.As always,prompt payment Will keep your coverage in place. 9 II i leausDate, JUNE29,201e laatpaga Form eDO&edBO tRsv,1") ftmium summary page a II orlu I Property Insurance Schedule of Forms Poky Pedod MARCH 10,2015 TO MARCH 10,2016 Ef ooWe Date NNE 3,2015 Policy Number 3581-61-88EUIC Insured SMART GROWTH AMERICA DBA TRANSPORTATION FOR AMERICA NameolCompany FEDERAL INSURANCE COMPANY Date Issued JUKE 26,2015 a I it The following is a schedule of forms Issued as of the date shown shove: Edition Effective Date Form Number Date Form Name Date Issued 80.02-0005 7-03 PROPERTY DECLARATIONS 03/10/15 0MA15 80-02-0210 6-05 PROPERTY SUPPLEMENTARY DECLARATIONS 03/10/15 01/30115 80-02-1000 6-05 BUILDING AND PERSONAL PROPERTY 03/10/15 01/30/15 80.02-1017 7-03 ELECTRONIC DATA PROCESSING PROPERTY 03110/15 01/30/l5 80-021018 7-03 EXTRA EXPENSE 03110/15 0160115 80-02-1048 7-03 ACCTS REC,FINE ARTS,MONEY&SEC,VAL PAPERS 03/10/15 01/30/15 80-02-1095 7.03 IMPAIRMENT OF COMPUTER SERVICES-MALICIOUS PGM 03/10/15 01/30/15 BD-02-1097 6-05 PROPERTY/BICONDITIONS&DEFINITIONS 01/10/15 0180I15 80.02•1644 5-04 ELECTRONIC DATA AND PERK.CHANGES 03/10/15 01/30/15 80-02-1658 12-07 CAPON CERT.TERRORISM LOSSES(ALL PREMISES) 03/10/15 0180/15 80-02-5250 6.08 ORD OR LAW&EXISTING GREEN STANDARDS LPB 03/10/15 01/30115 90.02.5310 1-14 MECH.OR ELECT.SYSTEM OR APPARATUS DEF AMEND 03/10/15 01/30/15 II i Isatpoge Fomr BDA2.1988IED B-86) 8chcdulo olForma p8Qe1 43Mu■e L/ablllty I urance Schedule Forms may Palled MARCH 10,2015 TO MARCH 10,2016 Ef/eclive Data TUNE 3,2015 Policy 3581-61-88EUC Insured SMART GROWTH AMERICA DBA TRANSPORTATION FOR AMERICA Name of Company FEDERAL INSURANCE COMPANY Date Issued DUNE 26,2015 r The following is a schedule of forma issued as of the date shown above: Edltlon EIleotive Date Farm Number Date Form Name Date Issued 80-02.6403 12.07 CAP ON CERT7PEBJ TERRORISM LOSSES 03/LO/13 01/30115 80-02-6541 3.05 CONDITION-PREMIUM AUDIT 03/10/15 01/30/15 80 02 2367 5-07 ADDL INSURED-SCHEDULED PERSON OR ORGANIZATION 03/10/15 01/30/I5 8"2.2367 5.07 ADDL INSURED-SCHEDULED PERSON OR ORGANIZATION 06/09/15 06/26/15 80-02.2367 5-07 ADDL INSURED-SCHEDULED PERSON OR ORGANIZATION 06/03/15 06t26115 80-02-0010 4-94 LIABILITY DECLARATIONS 06/03/13 06126//5 80.02.2000 4-01 GENERAL LIABILITY 03/10/15 06/26/15 80-02 2010 4-94 NON-OWNED AND HIRED CAR LIABILITY 03110/15 01/30/15 8D-0Z•2301 4.01 ADDITIONAL INSURED-CLUB MEMBERS 03/10/15 01130/15 8042.2337 4-94 EXCLUSION-ATHLETIC PARTICIPANTS 03/10/15 01/30/15 80-02-6420 2.08 EXCL-SCHEDCONTRACT,EVENT,PREM,PROD,SVC,WORK 03/10/15 0113011S 8M2.6428 8 04 EXCLUSION-PROFESSIONAL LIABILITY,TOTAL 03/10/15 01130115 8"24528 1-13 EXCL-INFO LAWS INCL UNAUTH OR UNSOLICC COMMUN 03/10/15 01/30/15 80-02.6566 4-04 EXCLUSION-ASBESTOS 03/10/15 0180/15 80.02.8282 7-09 EXCLUSION-AIRCRAFT,AUTOS OR WATERCRAFT,EX 03/10/15 01130/15 80-02.8290 5-10 EXCL-INTELLECTUAL PROPERTY LAWS OR RIGHTS 03/10/15 01130/15 80412-8422 4-12 EXCLUSION.POLLUTION 03/10115 D1I30/l5 80-02-8423 4-12 EXCLUSION-LOSS OF USE ELECTRONIC DATA 03/10/15 01/30/15 81}028425 1-14 EXCL•ALCOHOLIC BEVERAGE TYPE BUSINESSES 03/10/15 016(1115 futpape Form 80.0Y•2999 fED 0-95) Schedule of Forme Page I ®s+u I Liability Insurance Declarations Chubb Group of Insurance companies 16MounteIn View Rood Named Insured and Mailing Address Warren,NJ 07059 SMART GROWTH AMERICA DBA TRANSPORTATION PoIIoyNumber 3581-61-98HUC FOR AMERICA EIlecha Dele TUNE 3,2015 1707 L ST NW STE 250 WASHINGTON,DC 20036 Issued by the stock Insurance company Indicated below,heroin called the company. FEDERAL INSURANCE COMPANY Producer No. 0059813.00004 Incotporsted under the laws of INDIANA Producer ALLIANT INSURANCE SERVICES,INC. 701 B STREET,6TH FLOOR SAN DIEGO,CA 92101-8156 i i > Asa. Polley Period From MARCH 10,201$ To: MARCH 10,2016 12A1 A.M.standard time at the Named InsuWs mailing address shown above, wwwwr�ww .+arw.�a, .mare •rwwwr . >.• Llabllity Coverage Limit Of Insurance GENERAL LIABILITY GENERAL AGGREGATE LIMIT $ 2,000,000 (PRODUCTS AND COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE) EACH OCCURRENCE LIMIT $ 1,000,000 ADVERTISING INJURY AND $ 1,000,000 PERSONAL INJURY AGGREGATE LIMIT DAMAGE TOPREMISES S 1,000,000 RENTED TO YOU LIMIT MEDICAL EXPENSES LIMIT $ 10,000 NON-OWNED AND HIRED CAR LIABILITY EACH OCCURRENCE LIMIT S 1,000,000 WNWImurence feaUe Data-JUNE20,2015 conNnuad Pom75D02-0010(Ed 4-94) NdRraNOns Page 1 i i Liib..f COVOM90 (oon8nu d) �•• • xBe .ww• . wumsze.., Anew •• . . • ., RATING INFORMATION STATE: DISTRICT OF CO COVERAGE NAME; PREM/OPS CLASSIFICATION CODE NUMBER; 61227 CLASSIFICATION DESCRIPTION: BUILDINGS/PREMISES-OFFICE-NOT OTHERWISE CLASSIFIED(NOT-P (THIS CLASSIFICATION INCLUDES PRODUCTS/COMPLETED OPERATIONS) PREMIUM BASIS: •AREA: 2,000 RATE: 1040.500 • +MVXM1'-.i:41S YrYr, fl •Rt Wit"^r'�' AFRA1 STATE: DISTRICT OF CO EMPLOYERS NO*OWNED CLASSIFICATION CODE NUMBER: 00160 CLASSIFICATION DESCRIPTION; EMPLOYER'S NON-OWNED-CORPORATIONS i PREMIUM BASIS: NUMBER OF EMPLOYEES; I RATE; 25.000 HIRED CAR CLASSIFICATION CODE NUMBER; 00181 CLASSIFICATION DIECREPTION: HIRED CAR PREMIUM BASES: COST OF HIRE; 2,S00 RATE; 6.120 LkbN/y(nsum m fam Dnfa:JlNdE26,2015 Ampag4 Form 00-m-0010(Ed.4.24) Deolvaum Pap 2 I I i er+u®® Liability Insurance Endorsement P1290Y Period MARCH 10,2015 TO MARCH 10,2016 Effective Date JUNE 3,2015 Policy Number 3581.61.88EUC Insured SMART GROWTH AMERICA DBA TRANSPORTATION FOR AMERICA Name of Company FWERAL INSURANCE COMPANY Data Issued JUNB 26,2015 • �axaas+ rM .awMr+ a v. •..„, . w•••W :MW.. a+MwwwwM This Endorsement applies to the following forma: GENERAL LIABILITY •YMMYe.IIM9KlO'�•••YMMXNtYAY1MMMMK• n:M1 -AWxeaMMMMMI "" MSpbr. tnn .MMMNYaMWMM Under Who Is An Insured,the following provision Is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are larureds;but they are ierureds only if you are Scheduled Person obligated puwuant to It contract or agreement to provide them with such insurance as is afforded by Or Organizadon this poliay However,the person or organization is an insrrrad only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires The person of organization to be afforded ' status as an insured; • for activities that did not occur,in whole or in pan,before the execution of the contract or agreement;and • with respect to damages,togs,cost or expense for injury or damage to which this insurance ' applies. , No person or organization is an hreured under this provision: that is more gpedfrcally identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable therein). • with respect to any assumption of liability(of another person or organization)by them In a contractor agreement.This limitation does not apply to the liability for damagak loss,cost or expense for injury or damage,to which this Insurance applies,that(he person or organization would have in the absence of such contract or agreement. '. • ; ,.. sa xeae,.•.�„a»aatMMwwM�rs '� urMwaaMxM•n• .ww, MeM Uabddy Insurance Adaklonel Insured-Scheduled Person Or Organizarbn aonNnued Form 80.022867(Rav 5.07) Endorsement Pegs i r LlablHty Endorsement (conlinued) Under Conditions,the following provision is added to the condition titled Other insurance. CondRlone Met Insurance— If you are obligated,pursuant to a contract or agreameal,to provide the person or organization Primary,Nonoont ibutory shown In the Schedule with primary insurance such as is afforded by this policy,then In such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. e. : w -. �, �,,, • .. + ...,mow,. sax.• aura Schedule NELSONINYGAARD CONSULTING ASSOCIATES 116 NEW MONTGOMERY STREET,SUnE 500 SAN FRANCISCO,CA 94105 j All other terms and conditions remain unchanged Authonzod Roprasenpodve LAbl8lylneuranoo AddlNmW Insured-aehedulad Parson OrOrganfradon laetpaps Form Ee•02-2987/Rev.b'•07) Endaeamant page 2 i i i cfwuse Liability Insurance Endorsement Policy Period MARCH 10,2015 TO MARCH 10.2016 EMsolive Date TUNE 3,2015 Policy Number 3581-61-MBUC Insured SMART GROWTH AMERICA DHA TRANSPORTATION FOR AMERICA Name of Company FEDERAL INSURANCE COMPANY Date Issued "13 26,2015 2 MWpMaWMn t..Xa�em�Y •...tJ MWMMYWn atlWM'WAWpW 1A•NNYaWa'd1N•' rA.AiAVlWF': w'• aaWW'MW1W'W This Endorsement applies to the following fours; GENERAL LIABILITY weku2ldYAtKW`:'! ! 'Y'baWWMW . . A.�nM v,pWWaaWaaWa '.. Under Who Is An Insured,the following provision Is added. Who Is An Insured Additional Insured- Persons or organizations shown In the Schedule are lasureds;but they ace lasureds only If you am Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. I However,the person or organization is an boosted only: • if and then only to the extent the poroun or organization is described in the Schedule: • to the except such contmctor agreement requires the person or organization to be afforded status as an Insured; • for activities that did not occur,in whole or In part,before the execution of the eommot or agreement;and • with respect to damages,lose,coat or expense for Injury or damage to which this Insurance applies, No person or organization Is on Insured under this provision; • that Is more specifically identified under any other provision of the Who la An Insured section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a commot or agreement,This limitation aloes not apply to the liability for damages,loss,coat or expense for injury or damage,to which this insurance applies,that the person or organization would have In the obscnee of such contractor agreement, fFkt.A r 'NYWp.•kWti,as xmw.r, RapWWw, awW�m:waoa' «WWMgp>q •a'•WkaWlWNprrae NWm.P..• •maw ax Usefitylneuranae Addiffmallnsured-SOoddtodPerean Orct%enkaean eonfkmed Ponn 80-02-2357(9ev 5-07) Endorsement page I i Uab))!ty Endorsement (oontfnued) i Under Conditions,the following provision is added to the condition titled Other Insurance, CondlNone Other Insurance— If you One obligated,pursuant to a contract or agreomcm,to provide the person or organization Primary,Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then In such case Insurance--Scheduled this Insurance is primary and.we will not seek contribution from insurance available to such person Person Or Organkeffon or organization, �'� � •.kNli V.. YY rM11N...'AwA ^'1i M11 Schedule CITY OFKENT.WASHINGTON 400 WEST GOWE KENT,WA 98032 RE:WORKSHOP 613115-12131/15 All other terms end conditions remain unchanged. AumoNzadReprseanleN" I Llaelrty lneunnsa AddNbnallnaund-scheduled PoreanWWpertfrallon Imtpaga s'orm80-M-Mffiffay.B•07) Endwscmont Pago 2 t i i ®Hv>o® Crime Insurance Schedule of Forms Policy Pertad MARCH 10,2015 TO MARCH 10,2016 Effective pate RUNE 3,2015 PoNoyNumber 3581.61-89EUC Insured SMART GROWTH AMERICADHATRANSPORTATION FOR AMERICA Name of Company FEDERAL INSURANCE COMPANY Date Issued RUNE 26,2015 , The followlug is a schedule of forms Issued as of the date shown ghovo: Edition Effecive Date Form Number Date Form Name Date Issued 8"2-0020 4-94 CRIME DECLARATIONS OSl2bfl3 06/05/15 SO-02.3000 f-03 CRIME 03A0/15 01/30/15 Autpags Form B6a23899(ED.&ea) 3dradWe olForme pap t f' trrfu®® Policy Conditions Schedule of Forms i Polley Pedod MARCH 10,2015 TO MARCH 10,2016 Elfeotfve Date TUNE 3,2015 Pollcy Number 3581-61-88EUC Insured SMART GROWTH AMERICA DBA TRANSPORTATION FOR AMERICA Name of Company FEDERAL INSURANCE COMPANY Date Issued TUNE 26.2015 a The following Is a schedule of forms Issued as of the date shown above: Ediffon EfiectIve Date Form Number Date Form Name Date Issued 80-02.9001 6-98 HOW TO REPORT A LOSS 03/10/l5 01/30115 80-02.9090 6.05 COMMON POLICY CONDITIONS 03/10/15 01130/15 80-02,9735 10-95 DISTRICTICOLUMBIA MANDATORY-CAKCBLLAT70N COND 03/10115 01130/15 80-02-9790 3-12 COND-CIVIL UNIONS OR DOMESTIC PARTNERSHIPS 03/10/15 01/30/15 80-02-9900 12-09 INSURING AGREEMENT 03/10/15 01/30115 99-10-WO 2-97 DIRECTBILLNOTICE 03/10115 01/30/15 99-10.0732 12-07 NOTICE TO POLICYHOLDERS-TRIPRA 03/10/15 01/30/15 99-10-0792 9-04 IMPORTANT NOTICE-OFAC 03110/15 01/30/15 99-10-0872 6-07 AODPOLICYHOLDERNOTICE 03/10/15 01/30/15 lasfpepe Form e601.99aa(ED,e-abt Schedule olFomw Pape 1 I