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CAG2019-019 - Original - Transportation Solutions, Inc. - 4th Ave & Willis Roundabout Project - 01/18/2019
NT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 23- 56-5725. Vendor Name: Transportation Solutions, Inc. Vendor Number (JDE): Contract Number (City Clerk): ( Iq h I OI,Gi Category: Contract Agreement Sub-Category (if applicable): Other Project Name: 4th Ave and Willis Roundabout Project Contract Execution Date: Termination Date: 12/31/19 Contract Manager: Thomas Leyrer Department: PW: Engineering Contract Amount: $79,570.00 _. .............. Budgeted: ® Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal: ❑ Related to a New Position: ❑ Basis for Selection of Contractor? Bid: ❑ RFP: ❑ Small Works Roster: ❑ Quotes: ❑ Approval Authority: ❑ Director ❑ Mayor ® City Council Other Details: The.Consultant shall obtain and.analyze traffic data, Frepare,and.,provide -1-1111 - channelization,Dlans coordinate with stakeholders; obtain approval for the required . .. . .... ,,.__... Intersection Control Evaluation, Basis of Design and anv armlicable design deviations for __.... ..., r......... . . ....... ..._.. the 4th Avenue and Willis Roundabout project. ✓ KEN W zq��lq A.1AN CONSULTANT SERVICES AGREEMENT between the City of Kent and Transportation Solutions, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Transportation Solutions, Inc. organized under the laws of the State of Washington, located and doing business at 8250 16V Ave NE, Suite 100 Redmond, WA 98052-6628, Phone: (425) 883-4134 Ext. 120; Contact: Victor Salemann (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 obtain and analyze traffic data, prepare and provide channelization plans, coordinate with stakeholders, obtain approval for the required Intersection Control Evaluation, Basis of Design and any applicable design deviations for the 411, Avenue and Willis Roundabout project. 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. I.I. 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, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy-Nine Thousand, Five Hundred and Seventy Dollars ($79,570.00), 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-3. 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 (Over$20,000) 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 (i 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 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, offici'als,. 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 JN1 USTRifi,(, CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 tills 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 avallable 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 Utis 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 Materl rs. 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. VVon_Wafver 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. Resolutloru of D t7utes and Gover'ninc aw. 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 clalm arising from the parties' performance of this Agreement, tire 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; gtqvided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement, D. Wrltte a9ce. 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. F. Assirnmen 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. Enure Aggreement. 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. Cool 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, 1. City Business License Recdulred. 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. K. Caunterparts and knakur s b -<�ax ar 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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. CONSULTA,NT:, CITY OF KENT: By; BYrM-N � _. d{ynuYuJ'e "'� (signature) Print Nam : x1e,4AIi_12 ,ki 7 Print Name: DanaRa_In_h Its Its Ma y DATE; tdr 1 hS DATE: C3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Victor Salemann Timothy3. LaPorte, P.E. Transportation Solutions, Inc City of Kent 8250 16511' Ave NE, Suite 100 220 Fourth Avenue South Redmond, WA 98052-6628 Kent, WA 98032 (425) 883-4134 Ext. 120 (telephone) (253) 856-5500 (telephone) (425) 867-0898 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: 0&_yze_' Kent Law Department L-ent"C: T: ity Clerk CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform, to Federal and State laws regarding equal opportunity. As such all contractors, Subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth a Bove. By signing below, I agree to fulfill the five requirements referenced above. By For: mCD✓li' � 1 _ ,.. , Title: ....__ J �r Date: n- l �� 8 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 �... _n —_.- ... — . For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Su EXHIBIT A-1 eioo9m Avenue rre Redmond,WA 98052-6828 fra8spartaM1l00 Sul'atloas,Inc. T 426,8834134 r 425.887.0098 www,lsiuw.com City of Kent—Willis St(SR 516)and 411 Avenue S Roundabout 12/03/2018 Exhibit A-1 Scope of Services City of Kent Roundabout Design Consultant Services-4th Avenue&Willis Street Roundabout Transportation Solutions,Inc. PROJECT DESCRIPTION A. Project Purpose and Intent The City's comprehensive plan envisions the economic redevelopment of properties along Naden Avenue 5 north of Willis Street(SR 516) and south of W Meeker Street. This includes providing limited access to Naden Avenue S from Willis Street. No existing access points to the north of Willis St exist between SR 167 and 4`h Avenue S. The intent of this project is to allow access to the Naden site from SR 167 via Willis St(SR 516) by providing a U-turn route via a roundabout at O/Willis. The new access to serve the Naden development north of Willis St(SR 516)and east of SR 167 will be right-in/right-out from/to WI Ills St (SR 516). The distance between the NB on/off ramp of SR 167 and the Willis Street/74th Avenue St intersection is approximately 290 feet, Heavy freight traffic from existing commercial development along 74th Avenue S south coupled with traffic operations of SR 167 and SR 516 (Willis Street) contribute to heavy congestion In the corridor. To mitigate the reconfiguration at the Intersection of Willis Street(SR 516) and 74th Avenue S, the City Intends to build a roundabout at the signalized Intersection of Willis St (SR 516)and 4th Avenue 5. This roundabout will function as a U-Turn route forvehicles turning right on to Willis Street(SR 516) at 74th Avenue S that are heading to SR 167 or WB SR 156, Kent's vision for downtown calls for enhanced facilities to encourage the easy and frequent movement of all modes of transportation. A roundabout at the intersection will also improve safety for all users, including pedestrians and bicycles. The City of Kent has selected Transportation Solutions, Inc.to provide the City with Channelization Plans to be submitted to WSDOT for review and approval,for a roundabout at the intersection of 4th Avenue and Willis Street(SR 516). T51 will be responsible to obtain and analyze traffic volumes,perform Sidra traffic modeling,develop layout alternatives of channelization features,coordinate with WSDOT,develop materials for public outreach meetings,and develop and work with WSDOTto obtain approval for the required Intersection Control Evaluation, Basis of Design, and any applicable design deviations, The scope of work, fee estimate, and project schedule arc fully defined in the fallowing sections contained herein. KenlScopeofWark_1203201R,doc Page Iof 10 �I ■ 8250 1 1 fi51h Avenue NE �I i#■I Sullu 100 Redmond,WA 96052-6628 Tumspurtalloii Well Inc. T 426483-4134 1 ' F 425-807-0890 WWW.ISInW.CGm City of Kent—Willis St(SR 516)and 4"Avenue S Roundabout 12/03/2018 B, Information, Responsibilities, and Services Provided by the CITY The following Information will be provided by the CITY,This is not intended to be an exhaustive list and additional data to be provided by the CITY are included throughout the scope of work: • AutoCAD Civil3D base map file • Roadway and utility as-built drawings (if available) • Planning and land use data (See task 4.3.1) • 5-year crash data • Existing right-of-way plans for the project area C. General Project Assumptions This Scope of Services is based upon certain assumptions and exclusions, Identified below and under specific tasks. The following assumptions were used in the development of this scope of services: • AutoCAD 2018 will be utilized on the project, AutoCAD files will be submitted in.dwg format. • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. • Roundabout LOS will be analyzed using SIDRA and WSDOT LOS procedures. D. Change Management This Is a time and materials contract with a not to exceed maximum. The level of effort for various tasks are estimates and may vary. CONSULTANT will work closely with CITY staff to identify and determine if additional request for work items and/or task requests are outside of the scope and fee contained herein. E. Schedule CONSULTANT has provided a schedule shown in Exhibit A-2. The schedule shows approximate durations of work activity by task and graphs a forecast of Cumulative Percent Complete. The CONSULTANT cannot control review times by the CITYand/or other agencies such as WSDOT. The specific date for notice to proceed is subject to the CITY's approval process. Kentscopeofwork 12032018.doc Page2of 10 Suite I 66ih Avenue NE .Y7r Suite 00 68dmoud,WA 98052.6828 Transportalki SOlutlono,Inc, T 425-883,4134 F 426-867-0890 wwwuslnmeorn City of Kent—Willis St(SR 516) and 4"Avenue 5 Roundabout 17/03/2018 F. Payment CONSULTANT invoice period closes on the 15"day of each month. CON SULTANTshaI]prepare monthly progress reports discussing work activity that occurred during the reporting period. The progress report will identify any unforeseen changes in the scope and schedule and will forecast key work activity for the upcoming reporting period. Exhibit A-3 provides the Fee Estimate. The estimate cost is: Labor $73,970.00 lu1.3..pyt-sgs —— S&p0,0 Total $79,570.00 Taskl.p PRCyJECTfWANAf3EME9 jp—QVLLITYCONTROI. 1.1 Project Management Project management will be on-going during the course of the project. CONSULTANT's project managerwlll maintain regular communication with the CITY's project manager. CONSULTANTwIII moniterthe project's scope,schedule,and budget,will coordinate and communicate status reports,and other similar project management tasks. 1.2 Monthly Progress Reports and Invoices CONSULTANT will provide monthly progress reports and invoices in accordance with the CITY's procedures. CONSULTANT will coordinate the first invoice so that the format is acceptable to the CITY. Each progress report and Invoice package will Include the CONSULTANT invoice showing all labor and direct expenses included for the period,the monthly progress report,and full documentation of labor hours and direct expenses charged for the period, Assumptions • The invoice format for this project will be one that is acceptable to the City, • Progress Report and Invoice packages will be prepared monthly. Deliverables • Monthly Progress Report and Invoice Packages • Periodic Project Schedule update as agreed to between the CITY and CONSULTANT 1.3 Quality Control/Quality Assurance Review Quality Control reviews will be completed prior to submittal of major deliverables.This will include: • SIDRA modeling • Basis of Design • Intersection Control Evaluation (ICE) • Deviations Ke ntscopCo favor k_1203201 a.doc Page 3 of 10 ■ 0260 1 651h Avenue NE ■�I Suite 100 0edman6,WA 93052,6628 Transpertaila0 SdUlDns,Im T 426-883,4134 .. F 425.867-0880 www.tsinw.com City of Kent—Willis St(511 516) and 4"Avenue 5 Roundabout 12/03/2018 • Channelization Layout ICE Memo 1.4 Project Closeout CONSULTANT shall deliver all documents in agreed to electronic formats. CONSULTANT shall prepare a final Closeout progress report and final Invoices, task 2.4 UAT&CQLEECTION AND kURVEy 2.1 Obtain Background Data The CONSULTANT will obtain data needed to develop the analysis. Existing traffic volumes will be collected during AM(6:00 am to 9:00 am), Midday(11:00 am to 1:00 pm)and PM (4:00 pm to 7:00 pm) periods. CONSULTANT will utilize existing traffic volume forecasts provided by the city If deemed applicable. CONSULTANT shall obtain traffic counts for: AM Turning Movement Counts 6:00 am to 9:00 am Midday Turning Movement Counts 11:00 am to 1:00 pm PM Turning Movement Counts 4:00 pm to 7:00 pm at the following locations: '1) Willis St(SR 516)and SB off/on Ramp to SR 167 • Turning Movement Counts '2) Willis St(SR 516)and NB on/off Ramp to SR 167 • Turning Movement Counts '3) Willis St(SR 516)and 74"Avenue W • Turning Movement Counts • Count of vehicles turning left from NB 741h Avenue W onto Willis St(SR 516)and turning right to NB SR 167 • Count of vehicles turning left from NB 70 Avenue W onto Willis St(SR 516)and turning left to SB SR 167 '4) Willis St(SR 516)and UP RR Crossing • Count the number of trains and duration of time the train blocks Willis St(SR 516)for each reporting period '5) Willis St(SR 516)and 41h Avenue S Ken tscopeotwark 1203201&tlac Page4of10 T I 8250.1851A Avenue NE Suiia 100 nadmand,WA 98062.6628 fraospon glig Solutions,Inc. T 426.8834134 0Q" F 425 867 0090 nr.. www.lslnw.com City of Kent—Willis St(SR 516)and 4r^Avenue 5 Roundabout 12/03/2018 • Turning Movement Counts '6) W SaarStancIOAvenues • Turning Movement Counts '7) W Willis Street and 4`h Avenue S • Turning Movement Counts '8) W Willis St(SR 516)and BNSF RR Crossing • Count the number of trains and duration of time the train blocks Willis St(SR 516)for each reporting period '9) W Willis St(SR 516)and Central Avenue S • Turning Movement Counts Deliverables • CONSULTANT shall provide all traffic count data collected as part of this project to the CITY for CITY's use 2.2 Data Input Into Traffic Models and Reports CONSULTANT shall use data obtained forthe project for input into software programs and traffic analysis reports. Deliverables • SIDRA model report task 3l.D_CITY COUNCIL AND S7AKB'F LPL, R gVl16ETfNC1S 3.1 Public Open House Meeting and City Council Meeting CONSULTANT will attend two(2)CITY public meetings;one (1)with the Public and one(1)with the CITY Council. 3.2 Preparation for Public Meetings Preparation for the City Council Meeting will include developing graphics and renderings and power point presentation slides as agreed to by the CITY and the CONSULTANT. Deliverables • Exhibits (graphics, renderings, etc,)for public meetings • PowerPoint file KentScopeofWmk_12012018.doc page 5 of 10 8269-165th Avenue NE Suite 100 Redmond,WA 98052.6628 Tiaispart6t10([S6lutlans,Inc 7 425-883,4134 F 425,367-0698 - www.tsinw.com City of Kent—Willis St(SR 516) and 4'h Avenue S Roundabout 12/03/2018 Tasi INTERSECTION CONTROL CVAWATI0 4.1 Background and Project Needs 4.1,1 Existing Conditions The CONSULTANT will describe the existing conditions including physical characteristics of the site, posted speeds,traffic volumes, channeli2ation and control features,Level of Service, crash history, multimodal facilities,context, and modal priority. 4,1,2 Establish Project Needs The analysis shall include the intersections of: A) Willis St(SR 516)and 41h Avenue S; B) Willis St(SR 516) and 74`h Avenue S. CONSULTANT will document the project needs and which performance measures will be used for analysis and comparison. Project needs Includes identifying safety and mobility needs from multimodal users. Performance measures include coordinating with the CITY to Identify acceptable design criteria including design vehicles and vehicles to accommodate through the intersection;minimum existing and future LOS;identifying multimodal users; Identifying future development and anticipated growth;identifying sensitive areas; and identifying stakeholders. 4,13 Identify Alternatives The CONSULTANT will identify alternative Intersection control types Including up to three (3) roundabout types and traffic signal controlled. 4.1A Analyze Alternatives The CONSULTANT will analyze the identified alternative intersection control types to determine if it is expected to meet the basic needs of the project. If an alternative is not practicable from any of these perspectives,it will be removed frorn further consideration. 4.2 Feasibility 421 Sketch Alternatives The CONSULTANT will develop two(2)alternatives at a sketch level to determine the footprint required to achieve performance measures. 4.2.2 Evaluate Alternatives The CONSULTANT will evaluate each alternative sketched for its physical aspects as a facility serving specific transportation objectives. If an alternative is not practicable from any of these perspectives, it will be removed from further consideration. KentkopeofWork_12032018.doc Page 6 cf 10 8250.165th Avenue NE RedmaArt WA 98052-6628 Prnnspnrta tit pplufin6s,lnn, T 425.863.4134 F 425-067-0000 www,tsinvv,com City of Kent—Willis St(SR 516) and 4`u Avenue S Roundabout 12/03/2018 Assumptions: • Right of Way Evaluation includes: The CONSULTANT's design will fit within CITY controlled/obtained right of way limits. Conceptual Roundabout layouts will Include sufficient detail of channelization features based upon the survey base mapping provided by the CITY. 4.3 Analysis As part of the analysis portion of this scope,the project needs,such as safety and mobility for multimodal users,will be addressed. CONSULTANT shall consider future plans for a trail connection through the project limits,landscaping accommodations to be developed by others,and Puget Sound Regional Fire Authority- Fire Station#71 access through the corridor. 43.1 Traffic Analysis The CONSULTANT will develop design yeartraffic analyses for the PM peak hour.Analysis will include the no-build condition and all design alternatives.Traffic growth forecasts will be generated by the CONSULTANT using the following data provided by the City: • Puget Sound Regional Council growth for the City of Kent • Naden Site Traffic Impact Study referenced in SG Technical Memorandum. o Transportation Element of the City's Comprehensive Plan. Other relevant plans or studies the City would like considered In the analysis. 4.3,2 Crash Analysis The CONSULTANT will develop a crash analysis for the study intersection.Historical crash data will be reviewed to identify safety needs and to estimate expected average crash frequency for each alternative. 4.3.3 Multimodal Analysis The CONSULTANT will briefly discuss how the design for each alternative is expected to affect Multimodal users. Assumptions: • Multimodal users Include:pedestrians;bicyclists—both students and more advanced road cyclist; passenger vehicles;school busses;transit busses; major freight tractor-trailers; and other users as Identified in the Background and Project Needs portion of the ICE. 4.4 Selection The CONSULTANT will recommend an alternative based on performance tradeoffs and documented project needs. 4,5 Prepare Final Intersectlon Control Evaluation (ICE) Kent$copecfwurk_1203201 a.duc Page 7 of 10 TI Suite 1661h Avenue NE Suite 100 Redmond, NA 050626620 Trana(Pariatla0.Sa100006,Inc. T 42W83,4194 F 425967-0599 www.lsinw.cam City of Kent—Willis St(SR 516)and 4th Avenue 5 Roundabout 12/03/2018 The CONSULTANT will prepare an ICE report summarizing the information gathered, analyses conducted, and alternative selected as outlined in this scope. 4.6 Meetings with WSDOT CONSULTANT shall coordinate and attend phone conference call meeting with WSDOT and CITY staff to dlscuss specific project details assoclated with the analysts and channelizatlon layout of the roundabout. Assumption CONSULTANT assumes up to two (2) meetings at WSDOT's Regional Office In Shoreline and four(4) conference calls with WSDOT lasting up to 1 hour per meeting or conference call. Task 4 Deliverables; • WSDOT approved Intersection Control Evaluation • WSDOT approved Basis of Design • WSDOT approved List of Design Deviations • WSDOT approved Safety Analysis • Progress AutoCAD files 5 0 Flnajtze Channgl zation Plan for'Ia SD CbaWtllzathon P an A praval 5.1 Finalize Channelization Plans CONSULTANT will worl<with the CITY and WSDOT to prepare final channelization plans and documentation necessary to obtain final WSDOT Channelization Plan Approval. CONSULTANT is responsible for obtaining WSDOT approval for all proposed design deviations. 5.2 Revise Channelization Plans Per WSDOT Comments CONSULTANT will receive written comments from WSDOTto correction and update. CONSULTANT will draft the required changes,document justifications, and submit a revised packet to the WSDOT and the CITY. Assumption: CONSULTANT assumes that's the WSDOT review comment cycle will take up to three(3) cycles. Any work effort requested by WSDOT beyond three (3) review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 3 to 4 weeks to create and return written comments to the CONSULTANT, Task 5 Deliverables; • WSDOT approved Channelization Plans • AutoCAD file of Approved Channelization Plans Kentscopaafvvork_12032o1e.doe Page 3 of 10 R iio iao5m Avenue m9 ' EXHIBIT A-2 Redmond,WA 980518828 TrMPOF 911A0,$01911009,100, T 425 883.4134 F 425.907,0093 www.1sinw.com City of Kent—Willis St(SR 516)and 41"Avenue 5 Roundabout 12/03/2018 EXHIBIT A-2 .• � oz x�ua a w PV Nv vM dt:IdvM niomn `� d, 6i 9L 11u Viy� � m p� tnP��m V4 Nve�n � n Lt Nu:V�M1 `� � �• ..,,. .. . . .. ..,.. ^� [ilvvM u ..............p...-,. .yam,...,,...,...®.,.........,... .. GG y $ 0[NonN: u N4N1 F4 4 � � H 9 I MN O u N N'Ia4M '� S � N tl. rzE NaeM I C LNaBM � rry � U is eanM a � o�Lv.oa dck 161 `g � ea»na v Y a i }2 ` =i � u1 � 2 vivaM LO b n —n t Jall NeniScopenfWork_12032018.doc Page 9 of 10 T 1 6260 166ih Avenue NE EXHIBIT A-3 salta,6o 6admand,Wit 980526628 Trithi 9ltstlon Solutions,lot, T 426-9834154 F 425,867-0998 www.tsinw.c9m City of Kent—Willis St(SR 516)and 4`4 Avenue S Roundabout 1 2103/2 018 Fee Estimate 121312010 City of Kent.4th Avenue 5 5 Wrle Street Roundabout-Design Consultant Services Transportation Solutions Inc Fee Schedule PIC Phi S,,Engr Sr.EnPF Sr,Eng Tech Planned Admin VS JE ALB MU PM JS J9 U�ctor Jeff Andrew Mlchells Phil Jannifer JIII sslemann Elekes 9relllon Well McDonald 5alemann Beriewch 8111 Rare .4 184.30 $ 173.80 $ 152,43 S 98.00 $ 124.14 Anticipate Work Elements Trills) Task Hours Task Cost ToskT f.D pROIE. Yi EANAGE4Ei4TAND UAALIV'EO-Mrno7L ---.-..---- T-TAN 3-6 Task 1.1 Protect Management 12 Task 1.2Munthly Progress Reports and Invoices 0 s Task 13 Quall(VControl/Qually Assurance Review 'm Task 1,4Projert Closeout 2 2 4 Ta 20 DATA COLLECTION AND SU 1 2 20 — 0 q 24 Task 2,1 Ohlaln Baokgrai Data sk RVEY p 1 q Task 2,2 Dale Input into Trans Models and Reports 1 16 24 'foMFOCFf'i'el5 NCIL An?n STA4Fe` f6LpER'ME r GSm..__.,. 14 ..."".`_3a Task 3,1 Public Open House Meeting and SlyCouncil stain, 12 42 Task 3.2 Proparallon for Public Meetings 2 18 16 Task 4.7BACkoro$Cr]Qnu7CPrneoiNCE",..,_... ...— .......,._.......«._....... ._ ......m.._._. Ll1ATI0N 16 4 "' 599 9 2h 2 169 $ 28,107.88. Task 4.1.1 Existing CondlCons 1 4 4 Task 4.1,2 Establish project Needs 2 0 Task 4,1,3I llfy Allemallwa 1 16 Task 4.1.4 Analyze Alternatives 1 8 2 Task 4.2 Feel Task 4,21 Sketch Alternatives 1 32 Task 4.2.2 Eveluale Allernel sair 1 12 Task 4.3 Analysts Took 4,3,1 Thenho Anelyels 1 12 Task 4.3,2 Crash Analysis I Task 4.3,3 Mulllmodal Analysis 6 B 'Task 4 4 Selection 1 2 Task 4,5 Preparo Final Intersscllon Control Evaluation 2 12 12 2 Taaa 4.6 MaeLnits with WSDOT 6 2 6 .�.......m.... . _...., — W._.._..,._ Task 5,1 FINAl12CCRAN.PLAN PlanC4f3DOTAPPRDVAL 10 4 O . . 72.. —..�_ 0 11 It 711,377Air Task 5,1 Finalize Channellzericn Plans 6 2 24 56 Their 5,2 Racse Channalizallon Plans Per W5DOT Requ41'am4 4 2 6 16 Labor EsUrri 69 30 56 ISO 72 60 14 441 $ 73,967.69 to $ 2.31 Esponse,Estimale 6 has @ 60 mlles/trip ..._.r ..,�...._-- Tralaal 380 miles 0.546 $/mile $ 19620 TmIIIc Counts-Vendor-IDAk Data Lump Sum $ 4,800.00 Ulaplay Boards 0 each 100 $lee $ 608.00 rd $ 3,80 Grand Total Simon b 570,00 79, kent5copeofWork 12032Dte,doc -� Page 10 of 10 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) forme 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 farm CG 00 01 and shall cover liability arising from premises, operations, Independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work, performed for the City using ISO additfonall insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Vtoust Com ensatian 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, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Lla_bility insurance shall be written with limits no less than $3,000,000 per claim and $4,000,000 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 Clty of Kent shall be narned 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 _ ertlflcate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insLirance 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 Contractor before commencement or 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. TRANS-2 a►4c aR CERTIFICATE OF LIABILITY TE INSURANCE D 12/19/201 8 2119/28 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 have ADDITIONAL INSURED provisions or 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 rinhts to the certificate holder in lieu of such endorsement(s). PRODUCER 425-885-2283 nacT Kasai,Johnson Redmond General Insurance Agcy IPHGNE 425-885.21283 Fax 425.6198 11.4621 PO Box 847 IA/O,No,Exr[L huc Not. Redmond,WA 98073-0847 "Emre.$ Kasai Johnson AssuredPartners.com Michael J.Nichols,CIC,CRM I AD RSs: INSURERrs)AFFORDING COVERAGE NAICA I INSURER A Travelers Indemnity COm Danv INSURED Transportation Solutions,Inc. INSURERS:Travelers Casualty&Surety 8250 165th Ave NE#100 Redmond,WA 98052 INSURER ...... ... ........ ......... INSURER D INSURER ....... ,,,, ,., ......... INSURER ,,.. ......... COVERAGES BE B 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR"I. _ ADDLSUDR� _. ..... POLICY EFF, peLIGY TYPE OF INSURANCE ,ncP W POLICY NUMBER uwnCY EFF, I LIMITS A COMMERCIAL GENERAL LIABILITY 1,000,000 I EACH Orr.IIRRFNMF s CLAIMS MADE OCCUR Y 6808894C1501842 12/3112018 12131/2019 DAMAGE ra RENTED s 300,000 r 11LM13T 5(Ed aLauayanssu^t X WA STOP GAP '' s 5,000 PFn ONAI�k� 1,000,000 Anvwluav r N ;GnrE APPLIES F ,F_A1 FC ACC,� 2,000,000XP? T � LOC aT��rnMnP 5 OTHER A ,AUTOMOBILE LIABILITY 's EOMBINEJSXNGLh LIMIT 1,000 000 ueGogeM1.. a ......... x ANY AUTO BA7K (t; 887012 03/23/2018 0312312019 I.nRnii v IN HRH IP OWNED SCHEDULED AUTOS DNLY AUTOS f BODILY INJURY rPere.dentl S X HIRED X N(t1}N(�WNLD I i�,,{{dCPdRt TY(3AdutlAG4 AUTOS ONLY A�IO; OW.Y (Puvarmldomr/ c _ A X ' UMBRELLA LIAB X OCCUR 1 FACH OCCIIRRFN(.F S 1,000,000 f. EXCESSLIA6 CLAIMS-MADE �1DUP5C5105711842 121311201812131120191nc,r,RFeATF A 1000,0od DED I X ( RETEN LION$ 5,000I A WORKERS COMPENSATION �Tnn.T. X 'FT AND EMPLOYERS LIABILITY ,. , e ANY PROPRETORrPARTNERIEXECUTIVE YIN 6808894C1501842 121311201812/3112019 11 Ear H AC r InENT Ic 1,000,000 OFFICERW(Mandatory in ER ExcwoeDT J NrA,,, WA STOP GAP ? 1',UgU,BBg (Mandatory in NH) ) ET D15FASE EA EMPWVEE'-S If yes descrl be and I 9°'l 1111PRIETgml If IP111111YI, E l nISEARfi Ern Iry 11nnlT�g 1,000,000 B Professional Liab. 105932134 ''10511312018 05/13/2019 Per Claim 3,000,000 1 { Agg 4,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be ads ched if more space is required) RE:4th Avenue and Willis Street Roundabout It is agreed that the City of Kent is included as Additional Insured as required by written contract. Coverage Is primary and non-contributory. CERTIFICATE H CANCELLATION CITYOFK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE r�'.MVFnell Nichols ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#:6808894CI501842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury" or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph(1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs, and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc, All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY Pol icy#:6808894C 1501842 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- t. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance — The following limits of cluding: liability apply: 1. The limits which you agreed to provide, 1. The preparing, approving or failing to prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. Policy#'.6808894CIS01842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke, water J. Aircraft Chartered with Crew • Limit increased to $300,000 K. Non-Owned Watercraft— Increased C. Blanket Waiver of Subrogation from 25 feet to 50 feet D. Blanket Additional Insured—Managers or L. Increased Supplementary Payments Lessors of Premises • Cost for bail bonds increased to$2,500 E. Blanket Additional Insured— Lessor of • Loss of earnings increased to $500 per day leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage— Bodily Injury O. Reasonable Force— Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara- 1. The last paragraph of COVERAGE A. BOD- tions is as follows, ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named in Item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following. other than a partnership or joint venture, over Exclusions c. through n. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy, porarily occupied by you with permission of However, coverage for any such organization the owner, caused by. will cease as of the date during the policy pe- riod that you no longer maintain ownership of, a. Fire, or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a, c. Lightning, is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning; or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- 3. This Provision A. does not apply to any per ANCE (Section III). son or organization for which coverage is ex- 2• This insurance does not apply to damage to cluded by endorsement. premises while rented to you, or temporarily CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY(Section I— a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices, C. BLANKET WAIVER OFSUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter, out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization, "your work", or 3. Part 6. of LIMITS OF INSURANCE (Section .'your products". We waive this right where you III) is deleted and replaced by the following: have agreed to do so as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section II) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same 'occur- of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these, afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim- Limit will be the higher of: its shown on the Declarations, whichever is a. $300,000; or less. 2. The insurance afforded to the additional in- b. The amount shown on the Declarations sured does not apply to for Damage To Premises Rented To You Limit. a. Any "occurrence" that takes place after 4. Under DEFINITIONS (Section V), Paragraph you cease to be a tenant in that premises, a. of the definition of "insured contract" is b. Any premises for which coverage is ex- amended so that it does not include that por- cluded by endorsement; or tion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of such additional insured. or temporarily occupied by you with permis- 3. The insurance afforded to the additional in- sion of the owner, caused by: sured is excess over any valid and collectible a. Fire; insurance available to such additional in- b. Explosion, sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a pri- mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning; or OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured, subject to the following provisions: emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is ployment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ- sured does not apply to ment by you. a. Any 'occurrence' that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. 'Bodily injury" or "property damage" aris- ITY (Section I—Coverages): ing out of the sole negligence of such ad- (This insurance does not apply to:) Liability ad- ditional insured. arising out of the willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible pharmaceuticals by or with the knowledge or insurance available to such additional in- consent of the insured, sured, unless you have agreed in a written 5. For the purposes of determining the applica- contract for this insurance to apply on a pri- ble limits of insurance, any act or omission, mary or contributory basis. together with all related acts or omissions in F. INCIDENTAL MEDICAL MALPRACTICE the furnishing of the services described in 1. The definition of "bodily injury" in DEFINI- paragraph 2. above to any one person, will be TIONS (Section V) is amended to include "In- considered one occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2, above, "Incidental medical malpractice injury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and col- ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services chased specifically by you to be excess of this policy. a. Medical, surgical, dental, laboratory, x-ray G. PERSONAL INJURY — ASSUMED BY COW or nursing service or treatment, advice or instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I — Coverages) is deleted and c. First aid replaced by the following: . d. "Good Samaritan services". As used in (This insurance does not apply to:) this Provision F., "Good Samaritan ser- Contractual Liability vices" are those medical services ren- "Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO IS AN INSURED (Section II) do 2. Subparagraph f. of the definition of "insured not apply to"bodily injury" for which insurance contract" (DEFINITIONS — Section V) is de- is provided by paragraph 1. or 2. above. leted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW f. That part of any other contract or agree- 1. The following is added to the exceptions con- ment pertaining to your business (includ- tained in the Aircraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality) under which you assume the DAMAGE LIABILITY (Section I— Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft "bodily injury," "property damage" or "per- chartered with crew to any insured. sonal injury" to a third party or organiza- tion. Tort liability means a liability that 2. This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is owned by any insured. of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER- shall be excess over any other valid and col- AGE B. PERSONAL AND ADVERTISING IN- Iectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment. any other basis, except for insurance pur- chased specifically by you to be excess of H. EXTENSION OF COVERAGE — BODILY IN- this policy. JURY K. NON-OWNED WATERCRAFT The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- 1. The exception contained in Subparagraph (2) ing: of the Aircraft, Auto Or Watercraft Exclu- "Bodily injury" means bodily injury, mental an- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE guish, mental injury, shock, fright, disability, hu- LIABILITY (Section I — Coverages) is deleted miliation, sickness or disease sustained by a per- and replaced by the following: son, including death resulting from any of these at any time. (2) A watercraft you do not awn that is: I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less, and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co-"employee" in the 2. This Provision K. applies to any person who, course of the co-"employee's" employment by with your expressed or implied consent, either you, or to your "volunteer workers" while per- uses or is responsible for the use of a water- forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you orwhile Iectible insurance available to the insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business any other basis, except for insurance pur- 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of respect to "bodily injury" to a co-"volunteer this policy, worker" while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business, or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY- ployment by you, provided that this coverage MENTS — COVERAGES A AND B (Section I — for your "volunteer workers" does not apply Coverages) are amended as follows: while performing duties unrelated to the con- 1. In Part b. the amount we will pay for the cost duct of your business. of bail bonds is increased to $2500- Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to$500 a day- of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy. GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- N. UNINTENTIONAL OMISSION currence, Offense, Claim or Suit)- The following is added to COMMERCIAL GEN- Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur- paragraph 6. (Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the "occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1, of Section II — Who Is An In- ever, this Provision N. does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator) designated by you to give such notice. applicable state insurance laws, codes or regula- Knowledge by other "employee(s)" of an "oc- tions currence" or of an offense does not imply that O. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or Intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after any insured listed by the following: under Paragraph 1. of Section II —Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- Expected or Intended Injury or Damage trator) designated by you to give such notice "Bodily injury" or "property damage" expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or 3. 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