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PW17-193 - Original - SCJ Alliance - 4th Ave S & Willis St Proposed Roundabout Evaluation - 04/18/2017
i o R /a��N % i/%/ii /ff .40 cue� rd s Mi s Olt KENT WA 6 H INGTON 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. f you have questions, please contact City Clerk's Office. Vendor Name: SCJ Alliance Vendor Number: D Edwards Dumber Contract Number: VN I I This is assigned by City Clerk's Office Project Name: 4`h Ave. S. & Willis St. Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment N Contract l Other. Contract Effective Date: 4/18/17 Termination Date: 6/30/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Contract Amount: $14,500.00 Approval authority: (CIRCLE ONE) Cepartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Evaluate a proposed roundabout at the itnersection of 41h Ave S and Willis St. (SR 510). As of: 08/27/14 • KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and SC] Alliance THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and SCJ Alliance organized under the laws of the State of Washington, located and doing business at 8730 Tallon Lane NE, Suite 200, Lacey, WA 98516, Phone: (360) 352-1465, Contact: Scott Sawyer (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall evaluate a proposed roundabout at the intersection of 41h Ave. S. and Willis St. (SR 516). For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Five Hundred Dollars ($14,500.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 4 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 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 negligent performance of this Agreement. 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF By: By 1 IS, at re 1-7111 --Vture) Print Name: Print Name: Timothy J. LaPorte, P,E. 4 . its: wro e4f - Its: Public Works Director (title) DATE DATE: 63 11E NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT, CITY OF (CENT: Scott Sawyer Timothy J. LaPorte, P.E. SCJ Alliance City of Kent 8730 Tallon Lane NE, Suite 200 220 Fourth Avenue South Lacey, WA 98516 Kent, WA 98032 (360) 352-1465 (telephone) (253) 856-5500 (telephone) (360) 352-1509 (facsimile) (253) 856-6500 facsimile SO Miance-4"'&Willis/Peterson, CONSULTANT SERVICES AGREEMENT - 5 ($2 0,000 or Less) 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 willfuilly 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, 1 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 Belo agree to fulfill the five requirements referenced above. By: For: Ana.' 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK 4TH AVENUE SOUTH AND WILLIS STREET ROUNDABOUT KENT, WASHINGTON Prepared for: Kelly Peterson,Transportation Engineering Manager City of Kent Prepared by: Scott Sawyer, PE, Principal Date prepared: December 9,2016 Overview The objective of this project is to evaluate a proposed roundabout at the intersection of 40' Avenue South and Willis Street(SR 516).The roundabout is an economic development opportunity that can address access concerns and open up prime freeway frontage real estate for in-fill commercial development in downtown Kent.The roundabout will also provide a palette for creating a gateway entry and define a sense of place for transitioning from SR 167 to the west and residential areas to the south to Kent's downtown South District. Lastly, Kent's vision for downtown calls for enhanced facilities to encourage the easy and frequent movement of pedestrian and bicycles.A roundabout at the intersection will improve safety for pedestrians and bicycles. The project development will be executed in phases.This scope of work covers operational analysis of the proposed roundabout,conceptual layout,and project cost estimate. Future phases of work may include preliminary design,environmental permitting,final design and PE&E, and construction management. This scope of work will consist of the following phases: 1. Project Management 2. Roundabout Operations Analysis 3. Conceptual Roundabout Layout Assumptions 1. The City is funding this study. 2. The project may be completed by using Federal funds in the future. 3. The roundabout will be designed for a WB-67 design vehicle. 41 Avenue South and Willis Street Roundabout December 9,2016 City of Kent Page 1 SCl Alliance Exhibit A-Scope of Work Information Provided by the CITY 1. City of Kent,Transportation Master Plan,June 2008. 2. City of Kent,Comprehensive Plan Update,Transportation Element Technical Report, January 2015. 3. Draft access break application for the Naden site(including Appendix A). Phase 1 Project Management This phase includes tasks to plan, manage,and administer the work;attend project meetings; and provide quality assurance/quality control. Task 1 Project Management 1) Project Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project.This management is for the overall work rather than specific tasks.Develop a basic project schedule to match the scope of work. Monitor earned value and actual costs on a biweekly basis. Prepare and submit a biweekly progress report. Prepare a monthly progress invoice with weekly progress reports attached. Understanding • Project management will be provided over a 4-month timeframe and the estimated amount of project coordination is reflected in the budget. • Progress billings will be submitted monthly to the CITY. • Budget for senior review and peer checks for quality control is included within budget for design tasks. Deliverables • Bi-weekly Progress Report submitted via email in PDF format. • Progress billings submitted monthly submitted via email in PDF format. Phase Z Roundabout Operations Analysis Task 9 Roundabout Operations Analysis 1) Existing Conditions:Arrange for a vendor to field collect turning movement count data for the proposed roundabout intersection (AM and PM peak hours). Receive and review count data. Identify existing geometric conditions using Google Earth aerial mapping and field verification. 2) Forecasted Conditions:Collect long term growth trend data from documents listed under Information Provided by the City. Prepare 2035 baseline forecast volumes for AM and PM peak hours. Estimate eastbound to westbound U-turning traffic potential from 74th Avenue S. Identify other specific roadway or development projects that may have additional influence on the proposed roundabout intersection. Prepare final 2035 analysis volumes. 3) Operational Analysis: Prepare 2035 operations analysis in Sidra for 2035 build conditions.Work iteratively with the concept layout work to refine roadway approach 41 Avenue South and Willis Street Roundabout December 9,1016 City of Kent Page 2 SCJ Alliance Exhibit A - Scope of Work geometry, Prepare a technical memorandum summarizing the data collection,forecast, analysis, and results and submit for City review. Incorporate City comments and prepare a final technical memorandum. Understanding • The traffic count vendor will be charged as an reimbursable expense. Deliverables • Operations Analysis Technical Memorandum submitted in PDF format via email. Phase 3 Conceptual Roundabout Layout Task 1 Conceptual Layout 1) Concept Layout:design a conceptual level horizontal layout of a multi-lane roundabout at 41h Avenue South and Willis Street. Evaluate truck turning and speeds for natural paths. Consider the limits of north leg and south leg splitter islands to evaluate allowable turn moves to/from Willis Street frontage roads(West Saar Street and West Willis Street). Prepare a plan view exhibit showing the roundabout layout and basic geometric annotation. Prepare plan view exhibits show truck turning swaths. Prepare plan view exhibits showing fastest path speeds. 2) Cost Estimate: Prepare a concept level cost estimate.Quantity plan view elements that can be measured from the plan view layout and assign unit costs using the Washington State Department of Transportation (WSDOT) Unit Bid Analysis tool, Use engineering judgment to assign lump sum costs for typical construction elements that are not quantified (i.e.,storm drainage). Prepare a project cost estimate for construction(CN), design and environmental permitting (PE),and right-of-way(RW). 3) Technical Memorandum: Prepare a technical memorandum to document basic design criteria,key design decisions/recommendations, and cost estimate assumptions. Include the plan view layout,truck turning,fastest path,and quantity backup as appendices. Understanding The design vehicle for the roundabout will be a WB-67. • Detailed geometric data will not be shown for the splitter islands. • The roundabout will be design to accommodate future sidewalks connecting to the intersection. Deliverables • Technical memorandum with plan view exhibits (11x17) submitted in PDF format via email. END OF SCOPE OF SERVICE N:\Marketing\Proposals\Proposal Numbers\P2210.01 Kent 4th and Wills Roundabout\Scope and Budget\2107- 0330_scope of work_P2210-01.doc 41 Avenue South and Willis Street Roundabout December 9, 2016 City of Kent Page 3 Consultant Fee Determination _ +oi Alliance V SO SCJ ALLIANCE ....�... Client: City of Kent Project: 4th Avenue South and Willis Street Roundabout Job#: To be determined File#: 2107-0330 fee estimate P2210-01.xlsm Consultant Fee Determination SALARY COST Discipline Hours Rate Amount Principal 11.0 $225.00 $2,475 Project Engineer 0.0 $125.00 $0 Senior Designer 40.0 $112.00 $4,480 Sr Trans Planner 6.0 $155.00 $930 Traffic Analyst 22.D $120.00 $2,640 Project Coord II 4.0 $9D.00 $360 Project Accountant 4.0 $95.00 $380 Subtotal: 87.0 Total Salary Cost $11,265 SUBCONSULTANTS(Yes or No) No Subconsultant Fee $0 Subconsultant Markup: 0% $0 Total Subconsultants $0 REIMBURSABLES Copies,Reproductions,etc: 2.5% of Total Salary Cost $282 Traffic Counts-Roundabout $500.00 $500 Traffic Counts-Traffis Signal "011#011 $1,000 Mileage: 250 miles at $0.540 $135 Total Expenses: $1,917 SUBTOTAL(SALARY,SUBCONSULTANTS AND EXPENSES) Subtotal(Salary,Subconsultants and Expenses) $13,182 MANAGEMENT RESERVE FUND(MRF) Management Reserve 10.0% ofsubtotal $1,318 Total Estimated Budget: $14,500 34=2017 Page 1 Consultant Labor:lour Estimate SO Alliance Client: City of Kent SC-1 ZIANCIE Project; 4th Avenue South and Wiles Stroel Roundabout Job d: To be determined File a: 2107-0330 fec cstlmatc_P2210-01 ylsm Stull lerh M.It C.srp aya. Ain. Maddls rasf No- S left Unn�Poan ynnrlpur fagm rnla S3 T'" fro& 1Yo1rn Pro., IMPCaId IMPCat9 FMPCee 10 f'atul lnalnter fxao— fyam& Anofyrf Ceo•dh ACCo.W Phase 01 Project Management Taskol Project Management I . I •pfolCQ Management 60 - t - - 4.0 40 -------�140—_ Subtotal Howl- 6 0 ! 4,0 I 40 14.0 rbWl Ph—H..- 6.0 ( I 4.0 { 40 I i 140 Total Phasc Cost $1,350-00 i 536a 00 $3A0.00 57,09000 Phase 02 Roundabout Operations Analysis ff Task01 Roundabout Operations Analysis I 1 f6ling Conditions }II 1 --10 i - ; 7.0 2 iforelasled Cund4inn. 'I f f 20 6.0 I 1 .0 3 {DPa2at1una1 Analysis I 10 I 40 I 14.0 I I i _ - 19.0--- Subtolaf$four% to { ti 0 220 I 29.0 Total Phase Hows 10 i h0 220 I , 290 I olal Phan Cmf. 522S.UU $930.00 52,64000 I , 53,796.00 Phase03 Conceptual Roundabout layout Task 01 ConcePttayout -- I 1 (Concept layout i 20 .---28.0 _ j � 300 2 ICou f m"."w 60 6.0 i 3 ira O Ciil Mcmoraudum 7-0 60 1-- Subtotal Ifours:1 4.0 40.0 4413 j Fs 4. Total Phase flours: 4,0 400 0� � I— rotalPha3eCust:i 590000 f$4.48000 I 8Q00 Total HourS All PhAse.j 11.0 I 400 60 22.0 4.0 40 ( 81.0 Total Cusl Alt Phascii S2,d75.00 �$4,480.00 5930.00 `$2,640.00 1 $360,00 I S38000 ' $11,265 00 1 ur I 32"12412 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 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 $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 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 and Workers' Compensation) 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. Client#: 116497 SHEACARR FATE(MMIDDNYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 411112017 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 policy(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). PRODUCER CONTACT Suzanne Paschke NAME: FAX Propel Insurance PHONEac No. Ext 800 499-0933 (A/C,No): 866 577-1326 Tacoma Commercial Insurance E-MAIL p ADDRESS: suzanne. aschke propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 INSURER A:American Casualty Co of Reading 20427 INSURED INSURER B:Continental Casualty Company 20443 Shea,Carr&Jewell Inc dba SCJ Alliance INSURER C:Beazley Insurance Company, Inc. 37540 8730 Tallon Lane NE,Suite 200 INSURER D Lacey,WA 98516 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MMIQIDYNYYY MMlDIDY EXP LIMITS A GENERAL LIABILITY Y Y 2090667295 6/15/2016 06/15/2017 EACH OCCURRENCE s2,000,000 NGEN'L MERCIAL GENERAL LIABILITY PREA�tISES EaE ence $300 OOO CLAIMS•MADE D OCCUR MED EXP(Any one person) S1O OOO PERSONAL&ADV INJURY $2 000,000 GENERAL AGGREGATE $4,000,000 GREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG $4,000,000 POLICY X JECT PRO-- LOC $ A AUTOMOBILE LIABILITY Y Y 4012152794 6/15/2016 06115/201 ED eB�INdED SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED E SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS N PROPERTY DAMAGE $ X HIRED AUTOS AUUTOSTOS NON-OWNED Per accident $ B X UMBRELLA LIAB X OCCUR Y Y 4016829451 6/15/2016 06/151201 EACH OCCURRENCE $3 OOO OOO EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DED RETENTIONS $ WORKERS COMPENSATION WC STATU- X OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNER/EXECUTIVEa 2090667295 6115/2016 06/15/201 E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) (WA Stop Gap) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT IS11,000,000 C Professional VlOBC2150701 6117/2016 06/17/2017 Each Claim-$1,000,000 Liability Aggregate-$2,000,000 Ded:$60 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Kent is additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Engineering ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2666081/M2497263 BAL01 This page ha's been Left.blE4 intentionally. POLICY NUMBER INSURED NAME AND ADDRESS B 2090667295 SCJ Alliance 8730 TALLON LANE NE, STE 200 OLYMPIA, WA 98516 FORMS AND ENDORSEMENTS SCHEDULE The following list shows the Forms, Schedules and Endorsements by Line of Business that are a part of this policy. COMMON FORM NUMBER FORM TITLE CNA79203XX 06/2014 Exclusion - Access or Disclosure of Confidential CNA80103XX 09/2014 Primary and Non Contributory - Other Ins Condition CNA81751XX 03/2015 Cap on Losses from Certified Acts of Terrorism SB147075A O1/2006 Economic and Trade Sanctions Condition SB147082E 04/2014 Businessowners Common Policy Conditions SB147086B 04/2010 Loss Payable Provisions COMMERCIAL PROPERTY FORM NUMBER FORM TITLE SB146801I 04/2014 Businessowners Special Property Coverage Form SB146802D 06/2011 Business Income and Extra Expense SB146803A O1/2006 Seasonal Increase SB146804A O1/2006 Arson and Theft Reward SB146805A O1/2006 Claim Data Expense SB146806B 01/2008 Debris Removal SB146807D 04/2014 Employee Dishonesty SB146808A O1/2006 Expediting Expenses SB146809C 07/2009 Fine Arts SB146810A O1/2006 Fire Department Service Charge SB146811A O1/2006 Fire Protective Equipment Discharge SB146812C 04/2010 Forgery and Alteration SB146813B 01/2008 Newly Acquired or Constructed Property SB146814B 03/2006 Ordinance or Law SB146815A O1/2006 Outdoor Trees, Shrubs, Plants and Lawns SB146816A O1/2006 Pollutant Clean Up and Removal SB146817A O1/2006 Preservation of Property SB146818A O1/2006 Temporary Relocation of Property SB146819A 01/2006 Water Damage, Other Liquids, Solder, Molten Damage SB146820C 06/2011 Accounts Receivable SB146821A 01/2006 Appurtenant Buildings and Structures SB146822A 01/2006 Building Glass SB146823B O1/2008 Business Income Extra Expense - Dependent Property SB146824B 01/2008 Business Income Extra Expense-Newly Acquired Locs SB146825C 06/2011 Business Personal Property Off Premises SB146826B O1/2008 Civil Authority SB146827F 06/2011 Electronic Data Processing SB146828E 04/2014 Equipment Breakdown SE146830B O1/2008 Money Orders and Counterfeit Paper Currency SB146831B 06/2011 Nonowned Detached Trailers SB146832B 01/2008 Ordinance or Law-Increased Period of Restoration SB146833A O1/2006 Outdoor Property SB146834A 01/2006 Personal Effects SB146835A O1/2006 Signs SB146836A O1/2006 Spoilage Consequential Loss SB146837A O1/2006 Theft Damage to Rented Property SB146838C 06/2011 Valuable Papers and Records SB146839F 06/2011 Sewer or Drain Back Up SB146936A O1/2006 Inflation Guard SB147059C 09/2014 Washington Changes INSURED Page 8 of 9 POLICY NUMBER INSURED NAME AND ADDRESS B 2090667295 SCJ Alliance 8730 TALLON LANE NE, STE 200 OLYMPIA, WA 98516 FORMS AND ENDORSEMENTS SCHEDULE COMMERCIAL PROPERTY FORM NUMBER FORM TITLE SB147060A O1/2006 Washington Changes SB147084B 07/2009 Fungi, Wet Rot, Dry Rot and Microbe Exclusion SB300129A 03/2006 Targeted Hacker Attack SB300139C 04/2014 Protective Safeguards SB300177G 04/2014 Architects, Engineers And Surveyors Choice Endt SB300456A46 07/2007 Concurrent Causation, Earth Movement and Water Dam SB300596A O1/2008 Identity Theft/Recovery Services Endorsement COMMERCIAL GENERAL LIABILITY FORM NUMBER FORM TITLE SB146932E 06/2011 Blanket Additional Insured - Liability Extension SB146968A 01/2006 Architects & Engineers Blanket Additional Insured SE147079A O1/2006 War Liability Exclusion SE147080A 01/2006 Exclusion - Silica SB147083B 07/2009 Fungi/Mold/Mildew/Yeast/Microbe Exclusion SB147089A 01/2006 Employment - Related Practices Exclusion SB300000D 04/2014 Businessowners Liability Coverage Form SB300001C 06/2011 Aggregate Limits of Insurance (Per Project) SB300007B O1/2008 Employee Benefits Liability Coverage Endorsement SB300018A 01/2006 Stop Gap Coverage Liability Coverage Endorsement SB300085B 04/2010 Exln Cnstr Mgmt - Error Omission Cnstr Demo Work SB300117A 01/2006 Additional Insrd - Manager or Lessors of Premises SB300849A 07/2009 Recd and Distribution of Material or information *** PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY *** FORM NUMBER FORM TITLE CNA62823XX 06/2015 Notice To Policyholders Jurisdictional Inspections CNA79240XX 06/2014 Important Info Excl App to Access or Disclosure CNA81758XX 03/2015 Notice - Offer of Terrorism Disclosure of Premium e Countersignature P--Szetary Chairman of the Board SB-146895-A (Ed. 01/06) INSURED Page 9 of 9 CNA s(Ea os; ) 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 own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (�) The exceptions contained in insurance, but only with respect to "bodily injury" or Subparagraphs d.or f.;or "property damage"arising out of"your products"which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. "Bodily injury" or"property damage"for which 2. This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the 3. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in the 4. This provision 2.does not apply if"bodily injury"or product made intentionally by the vendor; "property damage" included within the "products- completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, 2 MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy;and operations, except such operations performed 2. Executed prior to the "bodily injury," "property at the vendor's premises in connection with damage"or"personal and advertising injury,"but the sale of the product; Only the following persons or organizations are g. Products which, after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor;or a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed.06/11) SB-146932-E CAA (Ed.06/11) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c. Controlling Interest the additional insured. The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the additional insured are those specified in (1) Their financial control of you; or the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in a This insurance does not apply to structural addition to,the Limits of Insurance shown in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and d. Managers or Lessors of Premises paragraph F.9.of the definition of"insured contract" under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury" or "property damage" maintenance or use of that specific part of the arising out of the "products-completed premises leased to you and subject to the operations hazard"unless required by the following additional exclusions: written contract or written agreement. This insurance does not apply to: (3) The insurance provided to the additional insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury' arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee,Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, f. Owners/Other Interests—Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that speck part of the b The construction, erection, or land leased to you and subject to the following ( ) additional exclusions: removal of elevators;or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land;or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed.06/11) CNA S (Ed.606/1 ) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such k. Damage To Property additional insured. g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-owned by you 1. 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 by you, or any other person, organization or entity, for repair, owner of such premises. replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention of injury to a person or are insureds only with respect to their liability damage to another's property; arising out of the maintenance, 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 5. 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 6. 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 Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: 4. This insurance is excess over any other (1) rented to you: 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 applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed.06/11) SB-146932-E CAA (Ed.06111) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage" included in (4) Any "executive officer" or insurance the "products-completed operations manager, if you or an additional insured is hazard." a corporation; B. Under B. Exclusions, 1. Applicable to (6) Any trustee, if you or an additional Business Liability Coverage, the last insured is a trust;or paragraph of 2. Exclusions is deleted and replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e,f, g, h, i, k, I, m, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7• Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item S. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of"property damage" g, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. a. The insured;or 6. Broad Knowledge of Occurrence The following items are added to E. b. Any "executive officer," director, 9 stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company) of the insured;and Form: 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "occurrence,"offense, claim or"suit"is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B.: SB-146932-E Page 4 of 5 (Ed.06111) CNA Sg(Ed.606/1 ) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, Section F. Liability and Medical Expenses lease or sub-lease of any room, dwelling Definitions, item 14, Personal Advertising Injury, or premises by or at the direction of any Paragraph c. is replaced by the following: insured. (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if SB-146932-E Page 5 of 5 (Ed.06/11) This page'ht' be'en:"left,blank"intentionally. CAM S (Ed. 016/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage," "personal and advertising injury" arising whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement; but the written contract or written services including: agreement must be: a. The preparing, approving, or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy; and reports, surveys, field orders, change orders 2. Executed prior to the "bodily injury," "property or drawings and specifications by any damage,"or"personal and advertising injury." services on a engineerp oject of which you serve performing B. The insurance provided to the additional insured is construction manager; or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager. additional insured which is the subject of the 5. This insurance does not apply to "bodily injury," written contract or written agreement. No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury"arising out of: negligence of the additional insured. a. The construction or demolition work while you 2. The Limits of Insurance applicable to the additional insured are those specified in the are acting as a construction or demolition written contract or written agreement or in the contractor. This exclusion does not apply to work done for or by you at your premises. Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to, the Limits of Insurance shown in the CONDITIONS— Duties In The Event of Occurrence, Declarations. Offense, Claim or Suit (Section E.2.) of the 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended within this endorsement and section titled to add the following: LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable: F.9.)within the Businessowners Liability Coverage F 1. Give written notice of an occurrence or an offense Form, does not apply to "bodily injury"or"property to us which may result in a claim or "suit" under damage" arising out of the "products-completed this insurance; operations hazard" unless required by the written contract or written agreement. SB-146968-A Page 1 of 2 (Ed. 01/06) SB-146968-A (Ed. 01/06) 2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we "suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part;and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance of: which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss in the absence of this We have no duty to defend or indemnify an additional insurance; and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance. insured. We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance is excess over any other insurance Insurance shown in the Declarations of this naming the additional insured as an insured Coverage Part. whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional insured's own coverage. This 2. We waive any right of recovery we may have insurance is excess over any other insurance to against any person or organization against whom you which the additional insured has been added as have agreed to waive such right of recovery in a an additional insured by endorsement. written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or "your work" done under a additional insured against any "suit" if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the"products-completed operations hazard." SB-146968-A Page 2 of 2 (Ed. 01/06) CNA CN(Ed, 041 2) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section II, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the voting stock on the date of inception of 2• Whose limits have been exhausted. this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an "insured" under any other liability"policy"providing "auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to$5,000; and 2. Any organization you newly acquire or form, other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from $250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: occurred before you acquired or With respect to any covered "auto,"any deductible formed the organization; or shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "insured" under any other liability acceptable to us, rather than replaced. "policy"providing"auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section III, Paragraph A.4.a. is revised, with required by a written contract to name as an respect additional insured is an "insured" but only with to provide: transportation expense incurred by you, respect to their legal liability for acts or omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to "insured" under Section II — Who Is An b. $1,800 maximum, in lieu of$600. Insured and for whom Liability Coverage is afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph AA.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee" of yours is an "insured" while operating an 'auto" hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that "employee's" CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed.04112) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 b. Any covered "auto" hired or rented by days or less, while performing duties your"employee"without a driver, under a related to the conduct of your business; contract in that individual "employee's" and name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of c. The most we will pay for any one 30 days or less, under a contract in that "accident" or "loss" is the actual cash individual employee's" name, with your value, cost of repair, cost of replacement permission, while performing duties or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to"loss"caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of d. The physical damage coverage as is accidental damage and not as a result of provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenance or repairs; or the your owned "autos." installation of substandard parts. e. Such physical damage coverage for hired d. The most we will pay for "loss" to a "autos"will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the (1) $5,000; or consequence of an "accident" for which the Named Insured is legally (2) 20% of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the III. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care,custody or control of, any of your The following is added to Section III, Paragraph "executive officers,"except: B.3.. a. An "auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household;or considered mechanical breakdown. b. An "auto" used by that "executive officer' F. Electronic Equipment while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking"autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered"auto'; and including its antennas and other accessories. CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed.04112) Includes copyrighted material or the Insurance Services Office used with its permission. CNA63359XX (Ed.04/12) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident"or"loss." using a covered "auto"described in this provision. C. Concealment,Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim, Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless such "accident" or "loss" is known to you The following is added to Section IV, Paragraph 6.5.' or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A 2 b : basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have E. Policy Period,Coverage Territory such knowledge, unless receipt of such documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: A.S. Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury, sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. This page has bben left blda-ip4entionally. t SB-300120-C (Ed. 06/11) CNA POLICY 2090667295 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE* Name Of Person Or Organization: CITY OF KENT -PUBLIC WORKS ENGINEERING * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An (a) The preparing, approving, or failing to Insured: prepare or approve maps, shop drawings, 4. Any person(s) or organization(s) shown in the opinions, reports, surveys, field orders, Schedule is also an additional insured, but only change orders or drawings and with respect to liability for "bodily injury," specifications; and "property damage" or "personal and advertising (b) Supervisory, inspection, architectural or injury,"caused, in whole or in part, by: engineering activities. a. Your acts or omissions; or 2. "Bodily Injury," "property damage," or "personal b. The acts or omissions of those acting on and advertising injury" arising out of any premises or work for which the additional your behalf insured is specifically listed as an additional in the performance of your ongoing operations insured on another endorsement attached to for the additional insured(s); at the location(s) this Policy. designated above; or C. The following is added to Paragraph H. of the c. "Your work" that is included in the Businessowners Common Policy Conditions: "products-completed operations hazard" H. Other Insurance and performed for the additional insured, but only if this Policy provides such This insurance is excess over any other coverage, and only if the written contract or insurance naming the additional insured as an written agreement requires you to provide insured whether primary, excess, contingent or the additional insured such coverage. on any other basis unless a written contract or B. The insurance provided to the additional insured written agreement specifically requires that this does not apply to "bodily injury," "property damage," insurance be either primary or primary and pp y y g noncontributing. or"personal and advertising injury"arising out of: 1. The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: SB-300120-C Page 1 of 1 (Ed. 06111)