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HomeMy WebLinkAboutCAG2019-343 - Original - Kherson Park Redevelopment Conceptual Design #PPD19-11 - 06/12/2019 Agreement Routing Form KENT For Approvals,signatures and Records Management WASHING70N Thls form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. Lynn Osborn for Terry Jungman Department: Parks Date Sent: 6/13/19 Date Required: Soonest possible please oAuthorized Director Date of n/a fl. to Sign: Council aMayor Approval: Budget P21035 Grant? Yes No Account Number: Type: N/A Vendor J.A. Brennan Associates Category: Contract Name: c Vendor 33184 Sub-Category o Number: Project Kherson Park Redevelopment Conceptual Design 0 Name: PPD 9-1 c Project conceptual design for space-themed park to incl. lunar rover & astronaut �. Details: C Basis for £ Agreement $34 100 d Amount: Selection of Direct Negotiation 1. Contractor: Ch a Start Date: 6/12/19 9/3 0/19 Termination Date: Notice required prior to Yes ❑� No Contract Number. disclosure? Date ReceRe'% f V °�' D Comments: c O N ENT LAW DEPT L i.r A a Date Routed to the Mayor's Office: d Date Routed to the City Clerk's Office: .� & r r Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 �••/ KEN T CONSULTANT SERVICES AGREEMENT between the City of Kent and J.A. Brennan Associates PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and J.A. Brennan Associates organized under the laws of the State of Washington, located and doing business at 2701 First Avenue, Stuie 510, Seattle, WA 98121 (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: As described in attached Exhibit A, incorporated herein, consultant shall provide conceptual design services for the redevelopment of Kherson Park. This project is part of a coordinated effort between the Parks, Recreation & Community Services (PRCS) and Economic & Community Development (ECD) Departments to provide placemaking opportunities and further the vision of a revitalized downtown Kent. Interactive replicas of a lunar roving vehicle and an astronaut will be located in the redeveloped park to celebrate and promote Kent's legacy of aero- and outer space innovation. 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 9/30/2019, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $34,100.00, 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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. CONSULT T: CITY OF KENT: By: By:I (signature) (signature Print N me:'j P'1 '��'1�� �+ Print Name: Dana Ralph Its I W-A Its Ma or (title) 1 n DATE: DATE: U! NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Drew Coombs Terry Jungman J.A. Brennan Associates City of Kent 2701 First Ave, Ste 510 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 206-583-0620 (telephone) (253) 856-5112 (telephone) drew@jabrennan.com tjungman@kentwa.gov APPRO AS TO FORM: K L w Department E 1 Kent City Clerk P:\Planning\Kherson Park\Redevelopment 2019-20\Concept Design'UA Brennan-CONTRACT 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 above. By signing below, agree to fulfill the five requirements referenced above. By: For: C7 f L-1,� Title: MCA-FA L- Date: (o/ZO(9 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 64e :1 June 3,2019 a. bren nan �•--�-- associates erLc Landscape Architects&Planners Scope of Work: 2701 First Avenue Suite 510 1 Seattle,WA 98121 206.583.0620 1 jabrennan.com KHERSON PARK REDEVELOPMENT- CONCEPT DESIGN Prepared For: City of Kent-PARKS, RECREATION & COMMUNITY SERVICES Terry Jungman Parks Planning and Development Manager 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6050 Phone: 253-856-5110 Proiect Background: Kherson Park Redevelopment—Concept Design Scope of Work The City of Kent is initiating a concept design phase for the redevelopment of Kherson Park located at 307 W Gowe Street. This project is pursued as a partnership between the Parks, Recreation, and Community Services (PRCS) and Economic and Community Development (ECD) Departments to establish a new vision for this park which underscores the need for green space, urban placemaking, and community gathering spaces in downtown Kent. Additionally,the redevelopment of Kherson Park is part of a coordinated effort between PRCS and ECD to promote and celebrate the City's legacy of aero and outer space innovation by memorializing Kent's role in the development of the Lunar Roving Vehicle (LRV). The City. recently approved a contract with Northwest Playground (Cre8play) to construct a replica of the Lunar Rover which will be assembled with a life-sized Astronaut structure and mural backdrop of a moonscape. This installation will be one component of the planned improvements at Kherson Park and is a fixed scope item. ECD is leading a fund-raising effort to help complete future park improvements at Kherson Park, which includes the proposed purchase of the Lunar Rover Replica and a matching Astronaut structure currently in the City's inventory. The park concept design and purchase of the Lunar Rover replica are critical first steps to the success of this philanthropic initiative and are being expedited to help this effort along. Kherson Park is one of the original parks in the City of Kent with the original land acquisition occurring in 1890. The park was named in 1989 to memorialize a Sister City agreement with 1 Kherson, encouraged by a pair of long-time pen-pals in each city and by local residents of Ukrainian and Russian culture. The park has not received substantial investment since 1990 and is in desperate need for a renewed vision and purpose in downtown Kent, which is rapidly becoming a more urban place. Scope of Work Summary: - Work completed by September 30 2019 o Milestone in early July for preliminary rendering of overall park design to be used for a public event for potential re-naming of Kherson Park o Final design will be presented at fundraising campaign event in October 2019 - Public Engagement Strategy o Up to 3 stakeholder meetings with project partners to set high-level project goals and establish a process for public engagement. o Up to 3 public meetings with presentation and methods to collect public feedback. Public engagement tasks will be shared by consultant and City. - Design work should emphasize: o Mural wall with Astronaut, Lunar Rover replica, and any associated hardscape o Community gathering and potential inclusion of children's play o Day-use by downtown dwellers, employees and business owners o An urban landscape and be contextual to historic downtown Kent o Establishing an early vision for downtown parks design standards - Design deliverables: o Overall rendered park concept plan showing program elements and key design elements 0 2 section view renderings of key design elements 0 1 perspective sketch o Concept level square foot construction estimates - Other considerations o Fundraising campaign is ongoing and design will need to identify opportunities for donor recognition that is integrated into the site design. o Highly refined and computerized renderings of the final concept design that will be used to support the fundraising campaign. o Perspective may be hand drawn Refer to Exhibit A fee spread sheet for more information. Task A—Administration/Coordination Administration tasks include meeting coordination, scheduling, contract administration, and sub consultant administration costs and expenses. Task B—Site Inventory & Analysis, This task will include limited environmental/permit documentation, code review, and site inventory as described below and in the fee spreadsheet 2 Landscape Site Analysis Work will include visiting the site to assess existing site conditions and meeting with Client. Existing site data and City Codes will be reviewed for landscape requirements and an existing conditions base plan will be prepared using GIS data layers provided by the Client. GIS data layers will be provided in a dwg AutoCAD format. Deliverables • As identified in the fee matrix Task C—Design Meetings and Coordination This task will include team coordination and meetings to progress the design. Team members will only be activated as required for specific meetings. JAB will coordinate via email and telephone communication with client. JAB will organize a kick off meeting and initial site visit with the client. Design review meetings will be held at key points in the design process, including alternative design, draft concept design and final concept design. Deliverables • As identified in the fee matrix Task D—Public Outreach and Council Meetings In coordination with PRCS staff, JAB will engage the general public in the planning process, including workshops and meetings. Meetings will be designed to be interactive. Meeting notices, final agenda,meeting notes, and mailings will be prepared and provided by PRCS. Boards or PowerPoint presentations will be prepared and provided by JAB prior to each public meeting. As part of the concept design process, JAB will assist with public meeting facilitation, presentations, stakeholder meetings, and council presentation. Our goal with the public process is to ensure that all parties get a chance to be heard, provide meaningful input, and realize that they are a vital part of the design process. Our process for public meetings and gathering input includes: 1. Developing a public outreach Plan—This will be limited to a conference call to establish meeting dates and coordinate online survey opportunities 2. Support PRCS in preparation of Online Public Survey resource of preferred Program items 3. Stakeholder meetings—up to 2 a) Review program and alternatives meeting b) Review Draft Concept plan 4. Living Room Meetings - up to 2 (Discretionary meeting time to attend Saturday Market or other Kent events) 5. Public Meeting#1 - Alternative Design 6. Public Meeting#2 - Draft Preferred Concept Design 3 7. Council Meeting - Present Final Preferred Concept Design Outreach Plan JAB will work with the client to develop a public outreach plan and schedule to guide the process. A work session conference call will be used to schedule public outreach dates. Including getting the online survey up and running. No document will be prepared. Online Public Survey JAB will support PRCS to prepare resource of preferred Program items for input through an online resource. Survey Monkey or another online resource may be used. The survey tool will be developed during the Park Use Program definition task to define opportunities. JAB will coordinate with the client to develop a preliminary program list that will be used for the online survey. JAB will provide input for Survey Monkey using the City's account. The Survey will be made available to the public to provide input and identify preferred elements. The results from the Survey will be compiled and used to refine the program ideas in preparation for Public Meeting#2—Alternative Design. Stakeholder Meetings JAB will support PRCS to establish meetings with project partners to set high-level project goals and establish a process for public engagement. Up to 2 meetings are anticipated in this scope of work. Living Room Meetings JAB will support PRCS with small neighborhood outreach meetings to solicit input for park improvements. PRCS will plan and schedule the meetings that may take place in retail shop, City events or on-site. Up to 2 meetings are anticipated in this scope of work. Public Meeting#2-Alternative Design Public Meeting#2 will present two different alternatives to elicit input from the public and to refine and narrow the park program further. Present baseline criteria the City is proposing for park improvements,and solicit input from the community for park program improvements. Summarize how online survey has been used to guide the alternatives. Public Meeting#3- Draft Preferred Concept Design Public Meeting#3 will present a Draft preferred concept plan based on the input from public Meeting#2 and review provided from the client. 4 Council Meetinz- Present Final Preferred Concept Design Inform City Council of the pubic process and present the Final Preferred Concept Design to City Council for approval and adoption. Deliverables • As identified in the fee matrix Task E—Park Use Program Definition This task will develop a preliminary list of program items for review and coordination with the client and stakeholders in preparation for Stakeholder Meeting#1 and online survey development that will be led by PRCS. Preliminary design goals will be developed to define the park improvements. PowerPoint slides will be prepared to list program elements and document design goals. A supplemental memo will not be prepared. Deliverables • As identified in the fee matrix Task F—Alternative Development Develop up to2 alternatives for review by PRCS decision-makers and the public. The alternatives concepts will spatial studies in diagrammatic bubble form to keep the discussion focused on the big picture. The alternatives will be developed with program items identified from the online survey and Stakeholder meeting#1. Each alternative will develop one section to illustrate the concept. A brief written description will accompany each alternative. Deliverables • Brief bulleted description of alternatives, 1 page each(up to 2 pages) • two diagrammatic alternative concept plans • Three site sections (one per alternative) Task G—Draft Preferred Concept Plan & Memo The Draft Preferred Concept Design plan will be based on City and community feedback of the alternatives,the project goals, assumptions and expectations as determined through discussion with PRCS. The Draft Preferred Concept Design will be presented to the public as part of Public Meeting# 3 to provide the public with a final opportunity to provide input. The comments will be incorporated into the Final Preferred Concept Design. Development of draft site sections to illustrate the design intent and character. 5 A preliminary square-footage level cost estimate will be provided for the Draft preferred concept plan. Deliverables • Draft preferred plan • Draft—Brief bulleted summary tech memo • Draft cost estimate Task H—Final Preferred Concept Plan & Memo The Final Preferred Concept Design will be a refinement of the Draft Concept Design. PRCS will provide guidance in the final development with up to one additional revision to finalize the Final Preferred Concept Design plan. The Final Preferred Concept Design will be presented to City Council for approval and adoption. Development of final site sections is included to illustrate the design intent and character. One perspective sketch will be developed as an optional service as illustrated below. A preliminary square-footage level cost estimate will be provided for the Final Preferred Concept Design plan. Perspective Sketch (JAB) Development of a draft and final perspective sketch will be developed to illustrate the design intent and character. Perspective will be limited to one. The view location for the perspective sketch will be agreed upon with PRCS prior to starting the draft perspective. Deliverables • Final preferred concept design • Final brief bulleted summary tech memo • Final cost estimate • Draft and final perspective sketch 6 CONCEPT DESIGN SCOPE ASSUMPTIONS: 1. The City will provide AutoCAD GIS base maps with contours, buildings, vegetation, roads, major paths,utilities, aerial imagery, and property ownership. 2. Survey of the site is not included. JA Brennan anticipates up to 7 hours to develop an existing conditions base map using GIS and or CAD data provided by PRCS and some field measurements work. 3. Graphics may be hand drawn during Concept design. 4. Design fee is not to exceed $34,100.00 5. Cost estimate will be limited to the hours specified. PRCS will review cost estimate assumptions. Phasing is not anticipated in this scope of work 6. Specifications will not be provided for concept design. 7. There are no critical areas on the projects site; including steep slope, wetland, wetland buffer or shoreline. No critical area permits will be required. 8. No DNR coordination or permitting is anticipated. 9. No tribal coordination is anticipated 10. J.A. Brennan does not provide contaminated soils remediation services. No contaminated soils are anticipated on site. 11. Drainage design is not included, conceptual design to stormwater requirements will be considered as part of the concept design. 12. Electrical design is not included, conceptual design to lighting will be considered as part of the concept design. 13. JAB will develop appropriate title block for Concept design, size: 30 x 40 boards. 14. Grant support will not be part of this scope of work. 15. The City will provide coordinated review at analysis, alternatives and draft concept plan stages. Additional fee will be required for additional review steps. 16. J.A. Brennan Associates will not be responsible for working with adjacent landowners except through a specified meeting process. 17. The City will provide public meeting notices, and meeting organization. 7 18. The City will provide coordinated clear direction at alternative development, draft concept design stages. 19. The concept plan will be complete by September 1, 2019. 20. City will be responsible for distribution of all documents. 21. JAB will consolidate, edit and print 3 copies at review stages and 6 copies of the final reports and plans. 22. Public meeting presentation materials are anticipated to be plans mounted on boards combined with a PowerPoint presentation. 23. No wetlands are anticipated to be on site. 24. Design work beyond Concept Design will require additional fee 8 0 0 0 o a o 0 0 0 0 o N o 0 0 0 0 tCpl (V 1� 5M13S6 O2N 1 : -7 NO N N O O N I 0 0 00 0 o'18 8 8 8 0 0 0 0;0 8 0 0 0 0 0 0�0 0 0 0 0 0 0 0 0 0 0l 010 Oi ! N Gi. oIn N R Nei t�! N f")I� N h'io N N aC' > Ni A�m,,, m.V. �O .0 n < h t° N [O o ID N 0p nl, ( O y W N - �. pp p p O N NIN ap NIN pp MO G O O O O o O O O 0 01 0 O 00 0 Q N� ,1N NIN,iD iD tO:mN O N.N N NO NIN NtOO N..N N 0 O i I crw as�pp s s"C S 0 010 0 0 0S o e sy Vs G p spp G!s S O O O s C s'O O O OI OO O 0 0 O O s i s N :Tr W O N O.N I iD N - Q N N b �Otf V t2 Y2 n m < N N O n b - N aG '.. N N i m N N n F J VIM V M O n N..m 10 M ., _ N N O VI 10.m1r c0 c0. O `y � O .- N�� N�N M •1 m a m N:N � - r^ .n OHO � < N,. 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U d 3 ~ N Q N Mid m' N 71i CIN O U N V N CI O n °n 0 W N h V L �!N (J�I NM'C Sim N C� 5 0 0 6 0 o v F � � M C7 0 00 0 0 0 ui cc o 0 � x c m w _ m o F Q a m No o c n' - E m F ¢ w 0 00 0 (V 10 H I 22 N Q] �O Q a L E o X W Q O � 4 0 0 U '- N O w � m U 2 of N o a i Ir o m o U a � rn m _N U Q ` o � O T E C 7 E o U n � o C O � O a U � C N y u E U cr N O J O J u; z a Y N LU C m a W N a Q m g N 0 c s U Q m 0 w a Y a U) 0 O o Q } to Z< L)U ] O � W L W F U cr a 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. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. EXHIBIT B (continued ) 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#: 328420 JABRE1 DATE(MM/DD/YYYY) ACORD-. CERTIFICATE OF LIABILITY INSURANCE 6/12/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTACT �'INAME: USI Insurance Services NW PR PHONE A/C,No,Ext;206 441-6300 AAlc,wo: 610-362-8530 601 Union Street,Suite 1000 E-MAIL ADDRESS: PI certre uest usi.com' q Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:T—lem Indemnity Company 26658 INSURED INSURER B:Travelers Casualty d suety Co.of Amer 31194 J.A. Brennan Associates, PLLC INSURER C 2701 First Ave.,Suite 510 INSURER D: _ Seattle,WA 98121 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. INSR TYPE OF INSURANCE ADDLSUB POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDDI MM/DDIY LIMITS A X COMMERCIAL GENERAL LIABILITY 680711-148018 3/01/2019 03/0112020 EEpACH��OCTCURRENCE $2 000 000 CLAIMS-MADE OCCUR PREMISESOEaE rence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4,000,000 PRO- POLICY F X JECT F7 LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY BA6614P288 3101/2019 03/01/202 COMBI E aNED SINGLE LIMIT $1,000r 000 a cci dent X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ I I $ A WORKERS COMPENSATION 6807H48018 3/01/2019 03/01/202 PER X ER oTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? FNI NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If DESCRIPTION OF E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Professional 105408190 11310112019 03101/2020 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project Name: Kherson Park. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. (See Attached Descriptions) 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 Attention: Terry Jungman ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25871836/M25083681 JYMZP DESCRIPTIONS (Continued from Page 1) The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract. Per Project Aggregate and Separation of Insured Provision applies to the General Liability policy as per the attached endorsements. The General Liability and Automobile Liability policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. I SAGITTA 25.3(2016/03) 2 of 2 #S25871836/M25083681 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE. IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY". "PROPERTY DAMAGE", PERSONAL INJURY OR "ADVERTISING INJURY' CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG Ta 04 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED. AFTER: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S) AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED: OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 04 12 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) - OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1 ) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed-,subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG T8 02 12 18 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1 ."Bodily injury" or "property damage" that occurs; or 2-"Personal injury" or "advertising injury" caused by an offense committed: after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 CG T8 03 12 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Copyright, Insurance Services Office, Inc., 1992 CG T8 03 12 18 Page 2 of 2 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-7H48018A-19-47 ISSUE DATE. 02/22/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of Insurance shown in the Declarations are replaced by the following: LIMITS OF INSURANCE Total Aggregate Limit $ 4,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 4,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 4,000,000 (Other Than Products-Completed Operations) General Aggregate Limit $ 4,000,000 (Other Than Products-Completed Operations) Products-Completed Operations Aggregate Limit $ 4,000,000 Personal and Advertising Injury Limit $ 2,000,000 Each Occurrence Limit $ 2,000,000 Damage To Premises Rented to You Limit $ 1,000,000 Any One Premises Medical Expense Limit $ 10,000 Any One Person Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed and executed by you before the "bodily injury" or "property damage" occurs. Designated Locations:All locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy. CG D4 69 07 14 ©2014 The Travelers.Indemnity Company.All rights reserved. Page 1 of 4 COMMERCIAL GENERAL LIABILITY PROVISIONS A. The following replaces SECTION III — LIMITS OF damage" included in the "products- INSURANCE: completed operations hazard". In- 1. a. The Limits of Insurance shown in the stead, the Products-Completed Op- Schedule above and the rules below fix erations Aggregate Limit shown in the the most we will pay regardless of the Schedule above and described in 3. number of: below applies to such damages. (1) Insureds; (4) The Designated Project Aggregate Limit does not apply to damages un- (2) Claims made or"suits" brought; der Coverage B. Instead, the General (3) Persons or organizations making Aggregate Limit shown in the Sched- claims or bringing"suits"; or ule above and described in 2. below (4) Designated "projects" or "locations" applies to such damages. shown in the Schedule above. (5) Any payments made for damages or b. The Total Aggregate Limit shown in the medical expenses to which the Des- Schedule above is the most we will pay ignated Project Aggregate Limit ap- for the sum of all amounts under the Des- plies shall reduce the Designated ignated Location Aggregate Limit and all Project Aggregate Limit for that des- amounts under the General Aggregate ignated project". Such payments Limit. This includes: shall not reduce the Total Aggregate Limit shown in the Schedule above, (1) Damages under Coverage A, except the General Aggregate Limit shown in damages because of"bodily injury" or the Schedule above and described in "property damage" included in the 2. below, the Designated Project Ag- "products-completed operations haz- gregate Limit for any other designat- ard"; ed "project" shown in the Schedule (2) Damages under Coverage B; and above or the Designated Location (3) Medical expenses under Coverage C. Aggregate Limit shown in the Sched- ule above. c. A Designated Project Aggregate Limit is d. Subject to the Total Aggregate Limit provided and is also shown in the Sched- shown in the Schedule above and de- ule above. The Designated Project Ag- gregate Limit is subject to all of the follow- scribed in b. above, a Designated Coca- ine provisions: tion Aggregate Limit is provided and is al- so shown in the Schedule above. The (1) The Designated Project Aggregate Designated Location Aggregate Limit is Limit is the most we will pay for the subject to all of the following provisions: sum of: (1) The Designated Location Aggregate (a) Damages under Coverage A be- Limit is the most we will pay for the cause of "bodily injury" and sum of: "property damage" caused by "occurrences"; and (a) Damages under Coverage A be- cause of "bodily injury" and (b) Medical expenses under Cover- "property damage" caused by age C for "bodily injury" caused "occurrences"; and by accidents; (b) Medical expenses under Cover- which can be attributed only to opera- tions at a single designated "project" age for "bodily injury" caused shown in the Schedule above. by accidents; idents; (2) The Designated Project Aggregate which can be attributed only to opera- Limit applies separately to each des- tions at a single designated "location" ignated "project". shown in the Schedule above. (3) The Designated Project Aggregate (2) The Designated Location Aggregate Limit does not apply to damages be- Limit applies separately to each des- cause of "bodily injury" or "property ignated "location". Page 2 of 4 ©2014 The Travelers.Indemnity Company.All rights reserved. CG D4 69 07 14 COMMERCIAL GENERAL LIABILITY (3) The Designated Location Aggregate stead, the Products-Completed Opera- Limit does not apply to damages be- tions Aggregate Limit shown in the cause of "bodily injury" or "property Schedule above and described in 3. be- damage" included in the "products- low applies to such damages. completed operations hazard." In- stead, the Products-Completed Op- c• Any payments made for damages or erations Aggregate Limit shown in the medical expenses to which the General Schedule above and described in 3. Aggregate Limit applies shall reduce both below applies to such damages. the Total Aggregate Limit shown in the Schedule above and the General Aggre- (4) The Designated Location Aggregate gate Limit shown in the Schedule above. Limit does not apply to damages un- Such payments shall not reduce the Des- der Coverage B. Instead, the General ignated Project Aggregate Limit for any Aggregate Limit shown in the Sched- designated "project" shown in the Sched- ule above and described in 2. below ule above or the Designated Location applies to such damages. Aggregate Limit for any designated "loca- (5) Any payments made for damages or tion" shown in the Schedule above. medical expenses to which the Des- 3. If coverage for liability arising out of the ignated Location Aggregate Limit ap- "products-completed operations hazard" is plies shall reduce both the Total Ag- provided, the Products-Completed Operations gregate Limit shown in the Schedule Aggregate Limit shown in the Schedule above above and the Designated Location is the most we will pay under Coverage A for Aggregate Limit for that designated damages because of "bodily injury" or "prop- "location". Such payments shall not erty damage" included in the "products- reduce the General Aggregate Limit completed operations hazard". Any payments shown in the Schedule above and made for such damages shall reduce the described in 2. below, the Designated Products-Completed Operations Aggregate Project Aggregate Limit shown in the Limit shown in the Schedule above. Such Schedule above or the Designated payments shall not reduce the Total Aggre- Location Aggregate Limit for any oth- gate Limit shown in the Schedule above, the er designated "location" shown in the General Aggregate Limit shown in the Schedule above. Schedule above, the Designated Project Ag- 2. Subject to the Total Aggregate Limit shown in gregate Limit for any designated "project" the Schedule above and described in 1.b. shown in the Schedule above or the Desig- above, a General Aggregate Limit is provided nated Location Aggregate Limit for any des- and is also shown in the Schedule above. ignated "location" shown in the Schedule The General Aggregate Limit is subject to all above. of the following provisions: 4. Subject to the Total Aggregate Limit and the a. The General Aggregate Limit is the most General Aggregate Limit shown in the we will pay for the sum of: Schedule above and described in 1.b. and 2. above, the Personal and Advertising Injury (1) Damages under Coverage A be- Limit is the most we will pay under Coverage cause of "bodily injury" and "property B for the sum of all damages because of all damage" caused by "occurrences", and medical expenses under Cover- "personal injury" and all "advertising injury' sustained by any one person or organization. age C for "bodily injury" caused by accidents, which cannot be attributed S. Subject to the Total Aggregate Limit and ei- only to operations at a single desig- ther the Designated Location Aggregate Limit nated "project" or "location" shown in or the General Aggregate Limit, subject to the the Schedule above; and Designated Project Aggregate Limit or subject (2) Damages under Coverage B. to the Products-Completed Operations Ag- gregate Limit, shown in the Schedule above b. The General Aggregate Limit does not and described in 1. b., 1.c, 1.d., 2. and 3. apply to damages for "bodily injury" or above, whichever apply or applies, the Each "property damage" included in the "prod- Occurrence Limit is the most we will pay for ucts-completed operations hazard." In- the sum of: CG D4 69 07 14 ©2014 The Travelers.Indemnity Company.All rights reserved. Page 3 of 4 COMMERCIAL GENERAL LIABILITY a. Damages under Coverage A, and tional period of less than 12 months. In that case, b. Medical expenses under Coverage C the additional period will be deemed part of the last preceding period for purposes of determining because of all "bodily injury" and "property the Limits of Insurance. damage"arising out of any one "occurrence". B. The following is added to the DEFINITIONS Sec- 6. Subject to the Each Occurrence Limit shown tion: in the Schedule above and described in S. "Location" means any premises owned by or above, the Damage To Premises Rented To rented to you shown in the Schedule above. For You Limit is the most we will pay under Cov- the purposes of determining the applicable ag- erage A for damages because of "property damage"to any one premises, while rented to 9regate limit of insurance, each "location" that in- you, or in the case of damage by fire, while eludes a premises involving the same or connect- rented to you or temporarily occupied by you ing lots, or premises whose connection is inter- with permission of the owner. rupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered 7. Subject to the Each Occurrence Limit shown a single"location". in the Schedule above and described in S. above, the Medical Expense Limit is the most "Project" means any area, away from premises we will pay under Coverage C for all medical owned by or rented to you, shown in the schedule expenses because of"bodily injury" sustained above at which you are performing operations by any one person. pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate The Limits of Insurance of this Coverage Part ap- limit of insurance, each "project" that includes a ply separately to each consecutive annual period premises involving the same or connecting lots, and to any remaining period of less than 12 or premises whose connection is interrupted only months, starting with the beginning of the policy by a street, roadway or waterway, or by a right-of- period shown in the Declarations, unless the poli- way of a railroad, shall be considered a single cy period is extended after issuance for an addi- "project". Page 4 of 4 0 2014 The Travelers.Indemnity Company.All rights reserved. CG D4 69 07 14 POLICY: BA6614P288 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights. duties. and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance. of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section ll. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto"that is leased, hired, Who Is An Insured. of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II —COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowed from your"employee". SECTION 11—COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph CA.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss";or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties. Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions. of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE A 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office.Inc.with its permission.