Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CAG2019-349 - Original - Transportation Solutions, Inc. - Analyze Intersection S 216th St & 98th Ave S Roundabout - 06/26/2019
Agreement Routing Form KEN T For Approvals, signatures and Records Management WA5MINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Wendy W for Thomas L. Department: Public Works Date Sent. Date Required: i a o Authorized F Director or Designee Date of A. to Sign: Council NA CL a Mayor Approval: Budget R90101 Grant? ❑✓ Yes No Account Number. Type: State Vendor Name: Transportation Solutions, Inc. Category. Contract Vendor 0 Number: 153209 Sub-Category Other EProject Name: 224th St Ph 2/S 216th St & 98th Ave S Roundabout � 0 C� Project Details: Analyze intersection to determine if roundabout can fit within right-of-wa 0 Agreement Basis for 0 Amount. $19,820.00 Selection of Other L Contractor: 171 a Start Date: Upon execution p & o2(v Termination Date: D2C2I11ber 31, 2019 Notice required prior to 1:1Yes No Contract Number: G�/� j��"-� cy/Cj disclosure? f Date Received by City Attorney: Comments: a+ c 3 0 cc N 41 i M R a� Date Routed to the Mayor's Office: a3i Date Routed to the City Clerk's Office: 0 Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 ZlcENT Wny 1I1 TON 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 165th 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 analyze the intersection at S. 216th St. and 98th Ave S. to determine whether a roundabout can fit within the public right of way at this intersection for the S. 224th St project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A-1 and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. j i III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, Eight Hundred and Twenty Dollars ($19,820.00), 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 I 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 i effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT- 1 ($20,000 or Less) 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. i XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain In full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 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 ($20,000 or Less) 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 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 ($20,000 or Less) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY KENT: By: � By• ( ignat+re) (s nature) Print. me: Print Name: Timothy J. LaPorte, P.E. Its: Its: blic Works Director DATE: tb l a tt "Ile) DATE: ?2+ 6 L2 el NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vistor Salemann Timothy J. LaPorte, P.E> Transportation Solutions, Inc. City of Kent 8250 165th 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 ATTES . Kent City Clerk CONSULTANT SERVICES AGREEMENT- 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing //below, I agree to fulfill the five requirements referenced above. By: For: �'1S � Vl SOttll~i � Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i i I I 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 TS 8250 165th Avenue NE Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. F 425.867-0898 www.tsinw.com DRAFT-CITY of Kent—S 2161h St and 98`h Ave S Roundabout Feasibility 06/06/2019 Exhibit A-1 Scope of Services City of Kent S 216th St and 9811 Ave S Intersection Roundabout Feasibility Transportation Solutions, Inc. TASK DESCRIPTION A. Project Description The objective of this project is to analyze the intersection at S 216"St and 981h Ave S to determine whether a roundabout can fit within the public right of way at this intersection. Currently the intersection is served by a single lane, T-Intersection with stop control on westbound leg of S 21611 St. The intersection is in a primarily residential area. The primary goals of the project include the following: i • Build a safe facility • The analysis will maintain LOS for the Design Year • The analysis will accommodate a mix of vehicles including school buses and service vehicles and fire trucks • The analysis and design layout will identify and implement Practical Design Solutions to reduce construction and maintenance costs Phase 1 deliverable will be a best fit schematic layout of a roundabout for the intersection. Phase 2 deliverable will be a technical memorandum of the operation analysis and design layout. The City will issue a separate notice to proceed, if any,for Phase 2. B. Information,Responsibilities,and Services Provided by the CITY The following information will be provided by the CITY, if available.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 drawing files of grading, drainage,and street light plans,right of way limits. • Consolidated review comments. • Roadway and utility as-built drawings. • Topographic survey for design. • Planning and land use data and citywide traffic model forecast data. • Any available recent traffic counts. • 5-year crash data. • Existing right-of-way plans for the project area V3_216"98th_KentScopeofwork_06062019 Page 1 of 8 TS1 8250. 65th Avenue NE Suite 100 DO Redmond,WA 98052.6628 Transportation 4134 Solutions,Inc, T 425.88 F 425.867..08980898 www.tsinw.com DRAFT-CITY of Kent—S 2161h St and 981h Ave S Roundabout Feasibility 06/06/2019 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 2019 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. • As part of the analysis and design layout effort on this project,design criteria will be developed and approved by the CITY, When developing this design criteria,City of Kent standards will govern. • Additionally,the following standards and guidelines will be used: o NCHRP REPORT 672 Roundabouts An Informational Guide,Second Edition o AASHTO's"A Policy on Geometric Design of Highways and Streets" 2011 o WSDOT Design Manual, February 2019 D. Change Management This is a time and materials Supplement with a not to exceed maximum. The level of effort for various tasks is an estimate 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 out-of the scope and fee contained herein. E, Payment i CONSULTANT invoice period closes on the 1511 day of each month. CONSULTANT shall 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 Estimate Fee.The estimated cost for the maximum not to exceed amount is as follows: I I V3 216°h98th_Kentscopeofwork_06062019 Page 2 of 8 TS 8250.165th Avenue NE Suite 100 Redmond,WA 98052-6628 Transportation Solutions,Inc. T 425.883.4134 F 425-867.0898 www.tsiow.com DRAFT-CITY of Kent—S 216th St and 98th Ave 5 Roundabout Feasibility 06/06/2019 Original Contract Labor $ 19,730 Expenses 90 Maximum Not to Exceed Amount $ 19,820 F. Schedule CONSULTANT has provided an approximate schedule shown in Exhibit A-2. The schedule shows approximate durations of work activity by task. The CONSULTANT cannot control review times by the CITY and/or other agencies,if any. The specific date for notice to proceed is subject to the CITY's approval process. PHASE 1—CONCEPTUAL SCHEMATIC LAYOUT Task 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL 1.1 Project Management Project management will be on-going during the course of the project.The project manager will maintain communication with the CITY,will monitor the project's scope,schedule,and budget, and other similar project management tasks. CONSULTANT will provide monthly progress reports and invoices in accordance with CITY standard procedure. 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 for CONSULTANT and each subconsultant. Meetings(typically teleconference)will be scheduled to monitor the progress of the project,tc coordinate with team members, and to maintain accountability between all members of the team including the CONSULTANT and the CITY. Quality Control reviews will be completed prior to submittal of major deliverables.These will include: • Review of Conceptual Schematic Layout Assumptions • The invoice format for this project will be one that is acceptable to the CITY. A Progress Report and Invoice packages will be prepared monthly for two(2) months. Deliverables a Monthly Progress Report and Invoice Packages i Task 2.0 DATA COLLECTION AND SURVEY The CONSULTANT will update existing project information and obtain new available information needed to develop and complete the analysis and design layout. Sources of information may include contract plans,as-builts,surveys,field visits to collect information,City files and databases,design and policy manuals,transportation plans, previous studies,discussions with City,and other sources of information V3_2161°98th_KentScopeofWork 06062019 Page 3 of 8 TS1 8250 165th Avenue NE Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. F 425.8 425-867.0898 7.0898 www.tsinw.com DRAFT-CITY of Kent—S 2161h St and 98th Ave S Roundabout Feasibility 06/06/2019 as needed, 11 Obtain As-Buiits and Contract Plan Sheets CONSULTANT will request from the City any as-built construction documents and contract plans for improvements located in the project vicinity. Any existing area boring logs, roadway structural sections or area infiltration rates that were developed for other area projects will also be provided to the CONSULTANT team. 2.2 Verify Planning Data and Background CONSULTANT will review the current City of Kent Transportation Plan and identify features from the plan that appear to be relevant for incorporation in the alternative analysis for the project. 2.3 Verify Environmental and Land Use Constraints Utilizing files and information received from the city,environmental and land use constraints will be evaluated and verified for applicability to the project.Land use constraints will be identified.These constraints will be placed in a base map for referencing into the design documents, plans, and exhibits, 2.4 Review Existing Utilities Utilizing files and information received from the city existing utility constraints will be identified and considered. 2.5 Site Visits to Obtain Additional Information Technical staff from the project team will perform a site visit to obtain additional project information not obtainable through electronic media.This may include confirming or reviewing existing surface features,topographical, utility, boundary,environmental and other constraints. 2.6 Review Existing/Forecast Traffic Volumes CONSULTANT will utilize existing traffic count data traffic forecasts prepared for the Transportation Element of the Comprehensive Plan. 2.7 Obtain Topographical Survey Information City to provide topographical survey. V3_216"98th_KentscopeofWork 06062019 Page 4 of 8 TS1 825065th Avenue NE 10 Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. T 425.86 3-4134 F 425-867.08987.0898 www.tsinw.com DRAFT-CITY of Kent—S 2161h St and 981'Ave S Roundabout Feasibility 06/06/2019 Task 3.0 Conceptual Schematic Layout Task 3.1 Conceptual Layout CONSULTANT shall use the information from Task 2 to develop a best fit conceptual schematic layout of a roundabout at the intersection. Deliverables; 11 x 17 pdf schematic layout drawing PHASE 2—OPERATIONAL ANALYSIS AND DESIGN LAYOUT Task 4.0 PROJECT MANAGEMENT AND QUALITY CONTROL 4.1 Project Management Project management will be on-going during the course of the project.The project manager will maintain communication with the CITY,will monitor the project's scope,schedule, and budget, and other similar project management tasks. CONSULTANT will provide monthly progress reports and invoices in accordance with CITY standard procedure. 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 for CONSULTANT and each subconsultant. Meetings (typically teleconference)will be scheduled to monitor the progress of the project,to coordinate with team members, and to maintain accountability between all members of the team including the CONSULTANT and the CITY. Quality Control reviews will be completed prior to submittal of major deliverables.These will include: Draft and Final Technical Memorandum Assumptions • The invoice format for this project will be one that is acceptable to the CITY. r Progress Report and Invoice packages will be prepared monthly for up to three (3) months. Deliverables • Monthly Progress Report and Invoice Packages Task 5.0 Operation Analysis and Design Layout The design layout will establish the horizontal layout of the roundabout including the dimensions of the circulating roadway, mountable central island, mountable splitter islands,entry and exit geometry, sidewalks, landscape areas.The Operational Analysis will include a Technical Memorandum documenting the design process including design vehicle selection and level of service analysis for year of opening and 2040. V3_216th98th_KentScopeofwork 06062019 Page 5 of 9 TS I 165th Avenue NE Suite Suite 100 Redmond,WA 98052.6628 Transportation Solutions,IOC. T 425.883.4134 F 425.867.0898 www.tsinw.com DRAFT-CITY of Kent—S 21611 St and 98t"Ave S Roundabout Feasibility 06/06/2019 5.1 Operation Analysis The Operation Analysis will document the design process including design vehicle selection and level of service for year of opening. CONSULTANT will use SIDRA operational software to calculate the level of service based on WSDOT recommended methodology consistent with the traffic data and forecasts in the City's Comprehensive Plan. This analysis will evaluate level of service(LOS)of the intersection to meet City LOS standards for the design year. CONSULTANT will obtain crash data from the City of Kent. The crash data will be reviewed and to determine if the proposed roundabout design will mitigate any significant crash patterns. Assumptions a Traffic data will be obtained from the Transportation Element of the Comprehensive Plan • The CITY will provide crash data as identified in the scope. 5.2 Design Layout The CONSULTANT will work hand-in-hand with the CITY to refine the design parameters for the project and generate a Design Layout in enough detail to establish the project footprint for purposes of NEPA/SEPA documentation,drainage calculations,and stakeholder involvement.The design will include key features to the intersection design: • General roundabout geometry • Central island • Splitter islands • Circulating roadway • Non-motorized facilities • Sidewalks Crossings • Required ADA facilities 5.3 Technical Memorandum The CONSULTANT will prepare a Technical Memorandum that will include: • Traffic forecasting assumptions • Operational analysis methodology and results • Safety analysis methodology and results • Design vehicle selection and design consistency • Fastest paths analysis • Potential impacts to adjacent properties and recommended mitigations • ADA Compliance • Illumination recommendations • Potential utility relocations V3_2161h98th_KentScopeofWork_06062019 Page 6 of 8 8250.165th Avenue NE 1 Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc, F 425.867-0898 www.tsinw.com DRAFT-CITY of Kent—S 21611 St and 98th Ave S Roundabout Feasibility 06/06/2019 Deliverables • Draft and Final Technical Memorandum and Design Layout • Design Layout- 11"x17" PDF EXHIBIT A-2 SCHEDULE AND MILESTONES PHASE 1—CONCEPTUAL SCHEMATIC LAYOUT The CONSULTANT will deliver the best fit schematic layout within 2 to 3 weeks of notice to proceed. i I i PHASE 2—OPERATION ANALYSIS AND DESIGN LAYOUT i i The CONSULTANT will deliver the operation analysis and design layout technical memorandum within 3 to 4 weeks of notice to proceed. V3 216'^98th_KentScopeofwork_06062019 Page 7 of 8 TS1 8250 16516 Avenue NE Suite 100 Redmond,WA 98052.6628 Transportation Solutions,Inc. F 425.8 425.867.0898 7�0898 www.tsinw.com DRAFT-CITY of Kent-S 216th St and 98th Ave S Roundabout Feasibility 06/06/2019 EXHIBIT A-3 Exhibit A-3 S 216th St and 98th Ave S Roundabout Feasibility 616/2019 Transportation Solutions Inc-Fee Schedule PIC PM Sr.Engr Sr.Engr Admin VS JE ALB VIM JB Victor Jeff Andrew Michelle Jill Salemann Elekes Bratlien Mach Berberich Bill Rate-> $ 226.56 $ 204.83 $ 161.38 $ 173.80 $ 124.14 Anticipate Work Elements Task(s) Talc Hrs Task Cost PHASE 1-CONCEPTUAL SCHEMATIC LAYOUT Task 1.0 Project Management and Quality Control 1 1 0 2 1 5 $ 903.12 Task 1.1 Project Management 1 1 2 1 Task 2.0 Data Collection 0 0 0 17 0 17 $ 2,954.53 Task 2.1 Obtain As-Builts and Contract Plan Sheets 1 Task 2.2 Verify Planning Data and Background 2 Task 2.3 Verify Environmental and Land Use Constraints 2 Task 2.4 Review Existing Utilities 2 Task 2.5 Site Visits to Obtain Additional Information 8 Task 2.6 Review Existing/Forecast Traffic Volumes 2 Task 3.0 Conceptual Schematic Layout 1 1 0 32 0 34 $ 5,992.86 Task 3.1 Conceptual Layout 1 1 32 PHASE 1-CONCEPTUAL SCHEMATIC LAYOUT 2 2 0 51 1 56 $ 9.850.51 PHASE 2-OPERATION ANALYSIS AND DESIGN LAYOUT Task 4.0 Project Management and Quality Control 1 2 0 0 3 6 $ 1,008.64 Task 4.1 Project Management 1 2 3 Task 5.0 Operation Analysis and Design Layout 0 4 24 24 0 52 $ 8,863.60 Task 5.1 Operation Analysis 24 Task 5.2 Design Layout 24 Task 5.3 Technical Memorandum 4 PHASE 2-OPERATION ANALYSIS AND DESIGN LAYOUT 1 6 24 24 3 58 $ 9,872.23 Phase 1 -Labor Estimate 2 2 0 51 1 56.00 $ 9,850,51 rd $ 0.49 $ 9,851.00 Phase 1 -Expense Estimate 2 trips @ 80 miles/trip Travel 160 miles 0.545 $/mile $ 87.20 rd $ 2.80 $ 90.00 $ 9,941.00 Phase 2-Labor Estimate 1 6 24 24 3 58.00 $ 9,872.23 rd $ 6.77 $9,879.00 Grand Total $19.820.00 V3_216`h98th KentScopeofWork 06062019 Page 8 of 8 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. j 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: i 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. i I 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 2,000,000 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. TRANSOL-02 R1 KJOHNSON DATE IY CERTIFICATE OF LIABILITY INSURANCE 06/251212512019 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 rights to the certificate holder in lieu of such endorsement(s). CONTACT Kassi Johnson PRODUCER NAME: AssuredPartners of Washington,LLC PHONE FAX (A/C,No,EXt):(425)952-2661 (A/C,No): P.O.Box 847 Redmond,WA 98073 E-MAIL kassi.johnson@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 06183 INSURED INSURER B:Travelers Casualty Insurance Company of America 31194 Transportation Solutions,Inc. INSURER C:Travelers Casualty 8r Surety of America 31194 8250 165th Ave NE#100 INSURER D: Redmond,WA 98052 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 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN D WV MMIDD/YYYY MMIDDIYYW 1,000,000 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ TO CLAIMS-MADE X OCCUR X 6808894CI501842 12/31/2018 12/31/2019 PREMI ESESS( RENTED 305,000 PREMI Ea occurrence) $ X WA Stop Gap MED EXP(Any one person) $ ,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY (Ea accciident INDSINGLE LIMIT $ 1�000,000 X ANY AUTO X BA9K958883 03/23/2019 03/23/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NOTN6S\rED PROPERTY RTY DAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE CUP5C5105711842 12/3112018 12/3112019 AGGREGATE $ 1,000,000 DED X RETENTION$ 5,000 $ A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 6808894C1501842 1213112018 12/31/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab 105932134 05/13/2019 05/13/2020 Per Claim: 3,000,000 C Professional Liab. 105932134 05/13/2019 05/13/2020 Aggregate: 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:224th St Ph 2-S.216th&98th Ave Roundabout Consultant Services Agreement It is agreed that City of Kent is included as Additional Insured in regards to the General Liability and Automobile Liability.See attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 ll) 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 preparing, approving or failing to 1. The limits which you agreed to provide; 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#: BA9K958883 COMMERCIAL AUTO EA 99 11 03 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.I. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are required to include as an additional insured (2) Not used for business, farming or on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the "bodily injury"or"property vehicle of the private passenger, station damage" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are a The Limits of Insurance applicable to the also covered "autos" for Physical Damage Coverage: Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown, to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss", or 5. Destruction. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 1 of 6 e. Broadened Named Insured 2. Towing Any business entity newly acquired or We will pay up to $200 for a covered "auto" for formed by you during the policy period towing and labor costs incurred each time the provided you own 51% or more of the covered "auto" is disabled. However, the labor business entity and the business is not must be performed at the place of disablement. separately insured for Business Auto This coverage is excess over Coverage. Coverage is extended up to a maximum of 180 days following acquisition a. any limit shown in the Declarations for or formation of the business entity or until towing and labor costs; and the end of the policy period, whichever b. any other collectible insurance. comes first. This coverage applies only for an "auto" f. Employee Hired Auto covered on this policy for An "employee"of yours is an "insured"while c. Comprehensive or Specified Causes of operating an "auto" hired or rented under a Loss Coverage; and contract or agreement in that "employee's" d. Collision Coverage. name, with your permission, while performing duties related to the conduct of The following is added to Paragraph A.3 your business. Glass Repair—Waiver of Deductible Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and No deductible will apply to glass breakage if replaced with the following: such glass is repaired in a manner acceptable 2. Coverage Extensions to us rather than replaced. a. Supplementary Payments Paragraph A.4.a. is deleted and replaced with the (2) Up to $5,000 for cost of bail bonds following: (including bonds for related traffic law 4. Coverage Extensions violations) required because of an a. Limited Rental Reimbursement or Travel "accident"we cover. We do not have to Expense furnish these bonds. We will pay up to $75 per day to a (4) All reasonable expenses incurred by maximum of $2,250 for rental the "insured" at our request, including reimbursement expenses for the rental of actual loss of earnings up to$500 a day an "auto" or other transportation expense because of time off from work. incurred by you because of "loss" to a Paragraph B.5. is deleted and replaced with the covered "auto" which is covered by following: Comprehensive, Specified Causes of Loss, 5. Fellow Employee or Collision coverage under this policy. No deductible applies to this coverage. "Bodily Injury" to: (1) We will pay only for those expenses a. Any fellow "employee" of the "insured" incurred as a result of a covered "loss" arising out of and in the course of the fellow occurring during the policy period "employee's" employment or while beginning 24 hours after the "loss" and performing duties related to the conduct of ending, regardless of the policy's your business. This exclusion does not expiration, with the lesser of the apply to an "insured" who occupies a following number of days: position as an officer, manager or (a) The number of days reasonably supervisor.; or required to repair or replace the b. The spouse, child, parent, brother or sister covered "auto". If "loss" is caused of that fellow "employee"as a consequence by theft, this number of days is of Paragraph a. above. added to the number of days it The following changes revise SECTION III— PHYSICAL takes to locate the covered "auto" DAMAGE COVERAGE and return it to you; or This coverage applies only for a covered "auto" for (b) 30 days. which Physical Damage Coverage is provided for on (2) Our payment under this Coverage this policy. Extension (4.a.) is limited to the lesser Paragraph A.2. is deleted and replaced with the of the necessary and actual expenses following: incurred or the maximum amount A. COVERAGE shown, $2,250. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 6 (3) Coverage under this Coverage "loss", and such equipment is Extension (4.a.) does not apply while designed to be solely operated by there are spare or reserve "autos" use of the power from the "auto's" available to you for your operations. electrical system, in or upon the (4) If a covered "auto" is described or covered "auto". designated as a covered "auto" on (b) We will pay with respect to a endorsement EA 99 01, the coverage covered "auto" described in the provided by this extension is excess Schedule for "loss" to any over coverage provided by accessories used with the endorsement EA 99 01. electronic equipment described in The following is added to paragraph A.4. Paragraph (1)(a) above. However, this does not include tapes, records c. Tapes, Records and Discs or discs. We will pay for "loss" to tapes, records, (2)Exclusions compact discs, or other similar devices The exclusions that apply to Physical used with audio, visual or data electronic Damage Coverage, except for the devices. exclusion relating to Audio, Visual and (1) We will pay only if the tapes, records, Data Electronic Equipment, also apply compact discs, or other similar devices: to coverage provided by this extension. (a) Are your property or that of a family In addition, the following exclusions member; or apply: (b) Are the property of an "employee" We will not pay, under this extension, using a covered "auto" in your for either any electronic equipment or business affairs at the time of the accessories used with such electronic "loss"; and equipment that is: (c) Are in a covered "auto" which (a) Necessary for the normal operation sustains other covered "loss" under of the covered "auto" or the Comprehensive or Collision monitoring of the covered "auto's" coverage at the time of the"loss" to operating system; or tapes, records, compact discs, or (b) An integral part of the same unit other similar devices. housing any sound reproducing (2) The most we will pay for "loss" under equipment designed solely for the this Coverage Extension (4.c.) is$200. reproduction of sound if the sound (3) Physical Damage Coverage provisions reproducing equipment is apply to this coverage, except that any permanently installed in the deductible applicable to covered "auto" in the opening of the Comprehensive or Collision coverage dash or console normally used by does not apply to this Coverage the manufacturer for the installation Extension (4.c.). of a radio. d. Audio, Visual and Data Electronic (3) Limit of Insurance Equipment With respect to coverage under this (1) Coverage extension the Limit of Insurance provision of Physical Damage (a) We will pay with respect to a Coverage is replaced by the following: covered "auto" described in the (a) The most we will pay for all"loss"to Schedule for"loss"to any electronic audio, visual or data electronic equipment that receives or equipment and any accessories transmits audio, visual or data used with this equipment as a result signals and that is not designed of any one "accident" is the lesser solely for the reproduction of sound. of: This coverage applies only if the equipment is permanently installed (i) The actual cash value of the in the covered "auto" at the time of damaged or stolen property as the "loss" or the equipment is of the time of the"loss"; removable from a housing unit which is permanently installed in the covered "auto" at the time of the EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 6 (ii) The cost of repairing or g. Camper Bodies replacing the damaged or In the event of a "loss" to a detached stolen property with other "camper," physical damage coverage will property of like kind and quality; apply as if it were part of the covered "auto" or on which it is rated. (iii)$500. h. Contents of a Travel Trailer, Camper or (b) An adjustment for depreciation and Motor Home physical condition will be made in When a Travel Trailer, "Camper" or Motor determining actual cash value at Home is a scheduled auto for physical the time of the"loss". damage coverage, we will pay up to $1,000 (c) If a repair or replacement results in for "loss" to personal property belonging to better than like kind or quality, we you or a family member that is within the will not pay for the amount of Travel Trailer, "Camper' or Motor Home. betterment. We will pay up to $250 for"loss"to personal (4) Deductible property belonging to you or a family member that is outside the Travel Trailer, No deductible applies to this coverage. "Camper' or Motor Home. The insurance provided by this extension is (1) We will not pay for"loss"to: excess over any other collectible insurance. (a) Articles carried or held for sale, e. Custom Signs and Decorations storage or repairs, or for later Physical Damage coverage on a covered delivery; goods kept to show or sell; "auto" may be extended to "loss"to custom or theatrical wardrobes. signs and decorations including custom (b) Business, store of office furniture or murals, paintings or other decals or equipment. graphics. (c) Records or accounts, money, Our limit of liability for loss to custom signs bullion, deeds, contracts, evidences and decorations shall be the least of: of debt, securities, tokens or tickets, (1) Actual cash value of the stolen or stamps in current use or damaged property; manuscripts. (2) Amount necessary to repair or replace (d) Animals, private passenger "autos," the property; or motorcycles, aircrafts, boats or any (3) $500. other motorized vehicles or their equipment, furnishings or f. Personal Effects Coverage appurtenances. (1) Physical Damage Coverage on a (e) Equipment or accessories while covered "auto" may be extended to your Travel Trailer, "Camper' or "loss" to your "personal effects" or, if Motor Home is leased or rented to you are an individual, the "personal any organization or any person effects" of a family member, that are in other than you or a family member. the covered "auto" at the time of the (2) The maximum we will pay for "loss" is "loss". the lesser of: (2) "Personal effects" as used in this (a) The actual cash value of the extension means tangible property that personal property at the time of is worn or carried by the "insured". "loss"; "Personal effects" does not include tools, jewelry, money, securities, radar (b) The cost of repairing the damage; or laser detectors, or tapes, records, or discs or similar audio, visual or data (c) The cost of replacing the damaged electronic equipment. personal property with other (3) The most we will pay for any one "loss" personal property of like kind, under this coverage extension is $500. condition, quality and value. No deductible applies to this extension. The insurance provided by this extension is excess over any other collectible insurance. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 6 i. Vacation Expense Allowance If hired "autos" are covered "autos" for Liability We will pay you $50 per day to a maximum Coverage and if Comprehensive, Specified of $500 for extra expenses when a Travel Causes of Loss or Collision Coverages are Trailer, "Camper or Motor Home is a provided under this coverage form for any "auto" you own, then the Physical Damage scheduled auto for physical damage Coverages provided are extended to "autos" coverage, and the Travel Trailer, "Camper" or Motor Home: you hire of like kind and use, subject to the following: (1) Is damaged or destroyed and is a. The most we will pay for any one "loss" is uninhabitable; and $50,000 or the actual cash value or the cost (2) While being used for vacation purposes to repair and replace, whichever is less, within the policy period. minus a deductible; Extra expenses must by supported by b. The deductible will be equal to the largest receipts or other valid evidence. deductible applicable to any owned "auto" The following is added to Paragraph A.: for that coverage; 5. Extra Expense—Broadened Coverage c. Hired Auto Physical Damage coverage is We will pay for the direct expense of returning a excess over any other collectible insurance; stolen covered "auto" to you. We will pay only and for those covered "autos" for which you carry d. Subject to the above limit, deductible and Comprehensive or Specified Causes of Loss excess provisions, we will provide coverage Coverage. This coverage will only apply to equal to the broadest coverage applicable vehicles recovered inside the 48 contiguous to any covered "auto"you own. United States. This coverage does not apply to If a limit for Hired Auto Physical Damage is an "auto"we deem a total "loss". indicated in the Declarations, then that limit 6. Auto Loan/Lease Gap Coverage replaces, and is not in addition to, the $50,000 In the event of a covered total "loss" to a limit indicated above. covered "auto" described or designated in the The following is added to Paragraph B.3.a.: Schedule or in the Declarations, we will pay up Airbag Coverage—Accidental Deployment to $2,000 for any unpaid amount due on the lease or loan for a covered "auto" less: However, this exclusion does not apply to the unintended inflation of an airbag if the inflation a. The Amount paid under the Physical is caused by mechanical or electrical Damage Coverage section A.1. of the breakdown. policy; and The following is added to Paragraph C.2. b. Any: New Vehicle Replacement Cost (1) Overdue lease/loan payments at the time of the"loss"; If, however, a "loss" occurs to your covered "auto" within 180 days of your purchase of the "auto" and, (2) Financial penalties imposed under a we deem the covered "auto"to be a total "loss" and lease for excessive use, abnormal wear it has not been previously titled under the motor and tear or high mileage; vehicle law of any state, we will pay at your option: (3) Security deposits not returned by the a. the cost to replace the covered "auto" with a Lessor; new"auto"of like make, model and year; or (4) Costs for extended warranties, Credit b. an amount equal to the original purchase price Life Insurance, Health, Accident or you paid to acquire the vehicle, including taxes, Disability Insurance purchased with the but excluding any extended warranties and loan or lease; and licensing fees. (5) Carry-over balances from previous This coverage applies only to a covered "auto" of loans or leases. the private passenger, light truck or medium truck 7. Hired Auto Physical Damage Coverage type (20,000 lbs. or less gross vehicle weight). EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 5 of 6 The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident" is known to: for casual travel or camping. (1) You, if you are an individual, (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: a. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual ''employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The following is added to Paragraph B.5. d. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a. above will apply. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 6 of 6