Loading...
HomeMy WebLinkAboutCAG2024-408 - Original - Parametrix, Inc - 104th Ave SE Pedestrian Safety Improvements and Canyon/Weiland Access Control - 8/29/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for Toby Hallock Public Works Date Sent: Date Required: c 08/19/2024 8/26/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website N/A Budget Account Number: Grant? Yes[Z] NoF_] R20130 & R20128 Budget?�✓ YesE]No Type: Federal Vendor Name: Category: Parametrix, Inc. Contract Vendor Number: Sub-Category: Original 0 Project Name: 104th Ave SE Pedestrian Safety Improvement's (RRFB) AND Canyon/Weiland Access Control OProject Details: The Consultant shall provide engineering design and support during bidding services for the 104th Avenue SE (SR 515) Pedestrian Safety Improvements project and preliminary design support for the Canyon Drive and Weiland Street Access Control project. 40 C (11.111 Basis for Selection of Contractor: Agreement Amount: $$7,690 Other E Memo to Mayor must be attached i � Start Date: U1 pon Execution Termination Date: 12/31/2025 a Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: CAG2024-408 F—]YesF—]No Comments: 1A C C O a, a Date Received:City Attorney: 8/19/24 Date Routed:Mayor's Office 8/26/24 City Clerk's Office adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Parametrix, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Parametrix, Inc. organized under the laws of the State of Washington, located and doing business at 1019 39th Avenue, Suite 100, Puyallup, WA 98374, Phone: (253) 604-6727, Contact: Chuck Schott (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering design and support during bidding services for the 104th Avenue SE (SR 515) Pedestrian Safety Improvements project and preliminary design support for the Canyon Drive and Weiland Street Access Control project. For a description, please see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The 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. The Consultant shall complete the work described in Section I by December 31, 2025. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Seven Thousand, Six Hundred Ninety Dollars ($87,690), 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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 the 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 the 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 the 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 the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the 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 the 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 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 the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. 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 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 VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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 the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: By7i::�-- -- — Print Name: Cynthia M. Clark Print Name: Dana Ralph Its Regional Division Manager Its Mayor DATE: 8/16/2024 DATE: 08/29/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chuck Schott Chad Bieren, P.E. Parametrix, Inc. City of Kent 1019 39t" Avenue, Suite 100 220 Fourth Avenue South Puyallup, WA 98374 Kent, WA 98032 (253) 604-6727 (telephone) (253) 856-5500 (telephone) CSchott@parametrix.com (email) PublicWorks@KentWa.gov (email) APP Re,vEF AS TO FO kGnt'Law Departmer t ATTEST: k�;t gvmlo Kent City Clerk kb-8/6/2024 CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Parametrix, Inc. Title: Regional Division Manager Date: 8/16/2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 Parametrik Exhibit A-1 Scope of Work let's create tomorrow,together City of Kent Highway Safety Improvement Program Projects Introduction The City of Kent(CITY) received two grants from the Federal Highway Administration's Highway Safety Improvement Program to finance the design and construction of the following two projects: ■ 104th Avenue SE (SR 515) Pedestrian Safety Improvements. (Project# 23-005) ■ Canyon Dr&Weiland St Access Control (Project# 23-3007) The CITY has selected Parametrix(CONSULTANT)to provide engineering design and support during bidding services for the 104th Ave SE (SR 515) Pedestrian Safety Improvements project and preliminary design support for the Canyon Dr&Weiland St Access Control project. This Scope of Work applies to the 104th Ave SE (SR 515) Pedestrian Safety Improvements project, except as specifically noted in Work Element 03B for preliminary design support for the Canyon Dr& Weiland St Access Control project.This contract will be funded through local City funds. The CONSULTANT will provide engineering design and support during bidding for improvements for the 104th Ave SE (SR 515) Pedestrian Safety Improvements project at the following locations: Location A- 104th Avenue SE (between 244th Street and 248th Street) Work is anticipated to consist of the design of a rectangular rapid flashing beacon (RRFB) system, potential median refuge island, high-visibility crosswalk markings, signing, channelization restriping, and potential illumination upgrades on 104th Avenue SE for a midblock crossing somewhere between SE 244th Street and SE 248th Street. Design will also include new curb, gutter, sidewalk, Americans with Disabilities Act(ADA) curb ramps, Location B - 104th Avenue SE (near 23800 block) Work is anticipated to consist of the design of a RRFB system, potential median refuge island, high- visibility crosswalk markings, signing, channelization restriping and potential illumination upgrades on 104th Avenue SE for a midblock crossing somewhere near the 23800 block. Design will also include new curb, gutter,sidewalk, and ADA curb ramps. City of Kent Highway Safety Improvement Program Projects 1 August 2024 Parametrik Scope of Work The figure below indicates the approximate locations of the proposed improvements on 104th Avenue SE. Loc,ation-B w EMnwA� a —SE 240th St zn Yr ..n (D Mww FaM areren c,y szna, x r�l r SE 244th St . r-1 Location A 'SE 248th St This scope of work document defines the elements of work to be performed by the CONSULTANT, the process of project delivery, major milestones, final products, and CONSULTANT's and CITY's commitments related to this work. General Scope Assumptions The following general assumptions have been made in developingthe scope of work and fee. Additional details have been included in the task descriptions contained in the remainder of the scope of work. ■ The project includes federal funding. ■ The Plans, Specifications, and Estimate (PS&E) will require review and approval from the Washington State Department of Transportation (WSDOT) Highways and Local Programs (LOCAL PROGRAMS) prior to soliciting bids.The CITY will be responsible for leading coordination with LOCAL PROGRAMS. ■ The project will require design approval by WSDOT Northwest Region (REGION) prior to soliciting bids. The CITY will lead coordination with the REGION for design approval. ■ The CITY will be responsible for advertisement and distribution of final documents for bidding. ■ The schedule for this project includes an agency review duration based on past project experience. However, neither the CITY nor the CONSULTANT can control these review durations. ■ All project permitting will be the responsibility of the CITY. ■ The CITY will provide AutoCAD Civil 3D base map and civil design work for the project. City of Kent Highway Safety Improvement Program Projects 2 August 2024 Parametrik Scope of Work ■ The CITY will lead preparation of the Specifications for the project. The CONSULTANT will support the CITY with input to special provisions for traffic control, illumination, and RRFB systems. ■ Geotechnical investigation will not be required for the project. ■ All outreach will be the responsibility of the CITY. ■ All improvements will be constructed within existing CITY right-of-way. ■ If franchise utility coordination is necessary, the CITY will assume responsibility for it. ■ A 7-month total project schedule is assumed. See Exhibit A-2 for additional project schedule assumptions. Design Standards and References The following design standards and references are to be followed during the development of the project: ■ City of Kent Design & Construction Standards (2021). ■ City of Kent Boilerplate Special Provisions (Specifications). ■ 2024 WSDOT Standard Specifications and General Special Provisions. ■ Public Right-of-Way Accessibility Guidelines (PROWAG) (2023). ■ AASHTO 7th Edition (2018) of "Policy on Geometric Design of Highways and Streets" (Green Book). ■ Manual on Uniform Traffic Control Devices 11th Edition (2023) (MUTCD). ■ WSDOT Local Agency Guidelines (LAG). ■ ANSI/IES RP-8-22, "Recommended Practice for Design and Maintenance of Roadway and Parking Facility Lighting" (RP-8). ■ 2023 WSDOT Design Manual (M 22-01.22) as required. ■ WSDOT Standard Plans as required. (WSDOT Standard Plans, if used, need to be cross- referenced with CITY Standards to determine any discrepancies and provide design if not congruent). The CONSULTANT will conduct services under the Agreement based on the versions of the above- stated design standards that are current at the time of signing the Agreement. If updated versions of the standards become available and/or effective during the term of the Agreement, the CONSULTANT and CITY will discuss potential implications to the project. This will include the CONSULTANT's estimate of the cost of additional services, if any, to update project designs and deliverables. The CITY will determine if updated standards shall be used.Additional cost of CONSULTANT services, if any, will be compensated through a supplement to the Agreement. The CONSULTANT will prepare all drawings using AutoCAD 2022. Spreadsheets will be prepared using Microsoft(MS) Excel (version 2016 compatible) and text documents in MS Word (version 2016 compatible). City of Kent Highway Safety Improvement Program Projects 3 August 2024 Parametrik Scope of Work Work Element 01 - Project Management Objectives The objective of this task is to provide overall project management of the CONSULTANT contract with the CITY. 01.1 - General Management The CONSULTANT shall partner with the CITY on the successful delivery of this project and is responsible for project management of the various work elements described within this document. These responsibilities include: ■ Ongoing communication with team members. ■ Development and maintenance of a design delivery project schedule in MS Project. In case events beyond CONSULTANT's control result in schedule slippage,the CONSULTANT shall work with the CITY to develop a schedule recovery strategy. ■ Identification of issues that could result in project scope changes and immediate discussion of them with CITY project staff. ■ Development and maintenance of a project budget. The CONSULTANT shall notify the CITY in a timely manner of circumstances that may result in increased project costs. 01.2 - Project Schedule and Updates The CONSULTANT shall prepare a detailed baseline project schedule in MS Project. The CONSULTANT will provide updates with each monthly invoice. Deliverable(s) ■ Monthly updates to the project schedule, electronically in MS Project. 01.3 - Team Coordination The CONSULTANT shall be responsible for: ■ Distributing applicable information to team members in a timely manner. ■ Providing guidance as necessary to achieve project objectives. ■ Ensuring that effective quality assurance/quality control procedures are implemented. ■ Providing guidance as necessary to ensure that the project objectives and schedule milestones are met. This subtask will be billed under other project subtasks. City of Kent Highway Safety Improvement Program Projects 4 August 2024 Parametrik Scope of Work 01.4 - Project Communication Provide project communication as detailed below: 01.4.1 - Project Kickoff Meeting The CONSULTANT will participate in a project kickoff meeting. The CONSULTANT will work with the CITY to develop the agenda and facilitate the meeting. The CONSULTANT will prepare and distribute the meeting notes. 01.4.2 - Biweekly Conference Calls The CONSULTANT will coordinate with the CITY's project manager to establish a standing meeting time reserved for bi-weekly conference calls between the CITY's and the CONSULTANT's project managers to coordinate ongoing project activities. During periods of inactivity or for other mutually agreed upon reasons, the biweekly conference calls may be canceled. The CONSULTANT project manager will document the biweekly conference calls with notes from the meeting. Assumption(s) ■ Biweekly conference calls (once every 2 weeks) will be utilized to address issues and monitor the CONSULTANT's progress. These will average one-half hour in duration, with an additional one-half hour allotted for the CONSULTANT's project manager to prepare before the meeting and complete documentation afterward. ■ Progress meetings will occur at project milestones such as comment resolution meetings and through other meetings included in the various other work elements described below. Costs for progress meetings will be included in the other applicable work elements. Except as noted otherwise in other work elements below, the CONSULTANT will prepare meeting agendas and notes for progress meetings. ■ All CONSULTANT coordination and communication with the CITY will occur directly with the CITY's project manager unless otherwise approved or directed by the CITY's project manager. ■ Except as noted otherwise in work elements below, project meetings will be held virtually through MS Teams. Deliverable(s) ■ Meeting agendas and notes, with issue logs, and action items, as appropriate - One electronic copy per meeting(MS Word format). 01.5 - Monthly Progress Report and Invoice The CONSULTANT shall prepare and submit a monthly progress report for the duration of the Contract. It shall include, but is not limited to: ■ A narrative report that identifies and describes significant activities performed in the previous month and planned for the next month. ■ An earned value report that indicates for each work element and the project in total the amounts in current invoice, amounts spent to date, percent spent, percent complete, and estimate of earned value. A separate line item will be provided for services related to the Canyon Dr&Weiland St Access Control project. ■ A list of deliverables completed during the reporting period. City of Kent Highway Safety Improvement Program Projects 5 August 2024 Parametrik Scope of Work Deliverable(s) ■ Monthly progress report(one electronic copy in PDF format). ■ Monthly invoice (one electronic copy in PDF format). Work Element 02 - Alternatives Analysis Objectives The objective of this task is to develop up to three conceptual designs for the midblock crossing at each location and to collaborate with the CITY to determine a preferred alternative for each location. The preferred design will feature an enhanced crossing equipped with RRFB control, possibly accompanied by a raised median refuge island on 104th Avenue SE. 02.1 - Review and Analyze Existing Data The CONSULTANT shall review CITY-provided available record drawings, geographic information system (GIS), and traffic data.This review will be used to confirm field data and will also help to identify areas that will require additional information or possibly even confirmation of location prior to design and construction. If discrepancies are found,the CONSULTANT shall prepare a memorandum outlining the discrepancies found and request additional information. Assumption(s) ■ The CITY will provide AutoCAD Civil 3D topographic base maps for both Location A and Location B.The provided topographic base maps are expected to encompass right-of-way information, existing utilities, sidewalk joints, and various site elements. These elements include, but are not limited to,fences, gates, curbs, gutters,ADA ramps, pedestrian push button poles, walls, posts, light or power poles, signs, and channelization. ■ Additionally, the base maps are anticipated to feature a 3D surface for sidewalks and roadways at each crossing location and in the immediate vicinity area. Deliverable(s) ■ A memorandum requesting additional information (if necessary) - One electronic copy. 02.2 - Conceptual Roll Plots The CITY will create up to three draft conceptual crossing roll plots for each location to correspond with the topographic survey and right-of-way information provided under Task 02.1.The roll plots will show proposed curb ramps, raised medians (if applicable), RRFB poles, and sign locations. The CONSULTANT will add proposed luminaires and provide input related to channelization, signing and RRFB pole locations for each concept. The conceptual crossing roll plots, with CONSULTANT added input, will be sent to the CITY and discussed as part of an alternatives analysis coordination meeting with the CITY. The decisions from the meeting will be used as the basis for the WSDOT Plans for Approval (PFA) and the 90%submittal. Assumption(s) ■ One-hour meeting with CITY staff to occur before the PFA submittal. The CONSULTANT's project manager and project engineer will attend. City of Kent Highway Safety Improvement Program Projects 6 August 2024 Parametrik Scope of Work Deliverable(s) ■ Conceptual crossing roll plots - One electronic copy. ■ Draft meeting notes in MS Word format for the CITY's project manager to finalize and distribute, as appropriate - One electronic copy. Work Element 03A - WSDOT Coordination (104th Ave SE) Objectives Work will include completing the WSDOT-required Design Documentation Package (DDP) after the selection of the preferred alternative by the CITY. Assumption(s) ■ This list outlines the assumed required and nonapplicable components to complete the project DDP. The list is based on the WSDOT Design-Bid-Build Design Documentation Package Checklist version 1.5, November 2023: —� DA.1.1 - Table of Contents - Required —� DA.1.2 - Memorandum - Required —� DA.1.3 - Vicinity Map - Required DA.2.1 - Project Profile - N/A DA.2.2 - Environmental Review Summary - N/A(to be completed by the CITY) DA.2.3 - Basis of Design - N/A(exempt per WSDOT DM 1100.05(1)(a)) DA.2.4 - Complete Streets - Required DA.3.1 - Design Parameter Sheets - N/A(because Basis of Design is exempted) DA.3.2 - Safety Analysis - Required ► No Crash Analysis Report required. ► Analysis will summarize 5 years of crash data. ► The number of fatal and serious injury crashes involving people who walk or bike is expected to be small. ► Analysis of crash data will be sufficient to determine any contributing factors. Review of Police Traffic Collision Reports will not be required. ► Safety performance will be qualitative or based on crash modification factors (CMFs) available from the Highway Safety Manual (HSM). If there are no CMFs for a countermeasure, WSDOT Assistant State Design Engineer or WSDOT Headquarters Traffic will assist with how to determine the CMFs. ► No HSM predictive method analysis will be required. —� DA.3.3 - Design Analysis - N/A —� DA.3.4 - Maximum Extent Feasible - If required for preferred alternative City of Kent Highway Safety Improvement Program Projects 7 August 2024 Parametrik Scope of Work DA.3.5 - Plans for Approval (PFA) - Required DA.3.6 - Alignment Plans and Profiles - N/A DA.3.7 - Cost Estimate - N/A ■ Of the DDP supporting documents in the checklist, only an Illumination memo will be provided. ■ Maximum extent feasible (MEF) documentation, if required, will be provided by the CITY. ■ Proprietary Item Documentation, if required by WSDOT to justify the use of sole-sourced materials and equipment on the Project, will be provided by the CITY. ■ Up to two rounds of WSDOT reviews and resubmittal may be required prior to submitting final DDP for formal approval and signatures, the second of which being only minor detail edits. ■ Up to one comment review meeting with WSDOT will be required. ■ WSDOT review comments will not result in a significant modification of the established roadway footprint. For example, should WSDOT require a lane-width increase of more than 1 foot, or if WSDOT requires additional features such as a bicycle lane or planter strip, it will be considered a significant modification. Deliverable(s) ■ One draft DDP - One copy in PDF format. ■ One final DDP - One copy in PDF format (stamped and electronically signed). Work Element 03B - WSDOT Coordination (Canyon and Weiland) Objectives Work will include completing the WSDOT-required Channelization Plan for Approval (PFA) and providing other support to the CITY to complete the WSDOT-required DDP for the Canyon Dr& Weiland St Access Control project. The project is expected to construct a linear curb or curb and pylon system and a small median island to restrict left-turns out of Weiland Street onto Canyon Drive (SR 516). The figure below indicates the Project location. City of Kent Highway Safety Improvement Program Projects 8 August 2024 Parametrik Scope of Work p'Q E Weiland St w - _ a , Loca t io n of �•Y Access control N Improvements - A Assumption(s) ■ This list outlines the assumed required and nonapplicable components to complete the project DDP. The list is based on the WSDOT Design-Bid-Build Design Documentation Package Checklist version 1.5, November 2023: —� DA.1.1 - Table of Contents - CITY provided —� DA.1.2 - Memorandum - CITY provided —� DA.1.3 - Vicinity Map - CITY provided —� DA.2.1 - Project Profile - N/A —� DA.2.2 - Environmental Review Summary - N/A(to be completed by the CITY) —> DA.2.3 - Basis of Design - N/A(exempt per WSDOT DM 11OO.O5(1)(a)) DA.2.4 - Complete Streets - CITY provided DA.3.1 - Design Parameter Sheets - N/A(because Basis of Design is exempted) DA.3.2 - Safety Analysis - Assumed will be exempt ► No Crash Analysis Report required. ► CONSULTANT will provide to CITY the raw data of 5 years of crash data (collected concurrent with the 1O4th Ave SE project work). ► Assist CITY with narrative to include in Memorandum DA.1.2 for why not safety analysis is provided. DA.3.3 - Design Analysis - N/A DA.3.4 - Maximum Extent Feasible - By CITY If required for preferred alternative DA.3.5 - Plans for Approval (PFA) - Required DA.3.6 - Alignment Plans and Profiles - N/A DA.3.7 - Cost Estimate - N/A City of Kent Highway Safety Improvement Program Projects 9 August 2024 Parametrik Scope of Work ■ No DDP supporting documents noted in the checklist will be required. ■ Maximum extent feasible (MEF) documentation, if required, will be provided by the CITY. ■ Proprietary Item Documentation, if required by WSDOT to justify the use of sole-sourced materials and equipment on the Project, will be provided by the CITY. ■ Up to two rounds of WSDOT reviews and resubmittal may be required prior to submitting final DDP for formal approval and signatures, the second of which being only minor detail edits. ■ Up to one comment review meeting with WSDOT will be required. ■ WSDOT review comments will not result in a significant modification of the established roadway footprint. For example, should WSDOT require a lane-width increase of more than 1 foot, or if WSDOT requires additional features such as a bicycle lane or planter strip, it will be considered a significant modification. Deliverable(s) ■ One draft PFA - One copy in PDF format. ■ One final PFA - One copy in PDF format(stamped and electronically signed). Work Element 04 - Plans, Specifications, and Estimate (PS&E) Objectives The CONSULTANT will prepare bid-ready channelization, electrical and temporary traffic control plans, special provisions, and estimates with related bid item units and quantities for the CITY's use in preparing a complete package of bid documents. PS&E for bid documents will be submitted to the CITY for review at increasing levels of completeness, including 90% and 100% levels of development. 04.1 - 90% Bid Documents The CONSULTANT will prepare 90%complete channelization, electrical and temporary traffic control drawings, select special provisions, and opinion of construction costs and submit them to the CITY for review. Comments received from the CITY from the conceptual roll plot review and subsequent WSDOT DDP and PFA review(s)will be addressed in the 90%submittal deliverables. A total of 12 CONSULTANT-prepared drawings are anticipated to be included in the 90%submittal as identified in Exhibit A-3. The CONSULTANT will analyze proposed lighting using Agi32 software to confirm conformance with horizontal and vertical illuminance levels and uniformity design standards at midblock crossings. The CONSULTANT's project manager and project engineer will attend a comment resolution meeting with the CITY approximately 1 week after receiving CITY review comments to discuss and reconcile comments. The CONSULTANT will prepare an agenda before the meeting for CITY project manager review and draft meeting notes after the meeting for CITY project manager distribution to all attendees for confirmation. City of Kent Highway Safety Improvement Program Projects 10 August 2024 Parametrik Scope of Work Assumption(s) ■ Specifications will be based on the 2024 WSDOT Standard Specifications, the CITY's boilerplate, and federal provisions. The CITY will lead preparation of the Specifications for the project. The CONSULTANT will support the CITY with input to special provisions for traffic control, channelization, illumination, and RRFB systems. ■ The CITY will be responsible for proprietary item documentation as necessary to justify sole- sourced materials and equipment proposed for the project. ■ The opinion of construction cost at the 90%submittal will be based primarily on the unit bid items proposed for payment in the construction contract. However, an estimating contingency factor will still be applied to the opinion of cost to account for design uncertainties at this level of design. Deliverable(s) ■ 90% Drawings - One copy in PDF format. ■ 90%AutoCAD Files - Electronic copy of AutoCAD line work file. ■ 90% Opinion of Cost - Electronic copies (PDF and MS Excel formats). ■ Written Response to conceptual roll plot CITY Review Comments - One (1) electronic copy (MS Excel or MS Word format). ■ Comment resolution meeting agenda and meeting notes - Draft and final electronic copies (MS Word format). 04.2 - 100% Bid Documents The CONSULTANT will prepare and submit to the CITY's project manager for review 100% complete bid-ready channelization, electrical and temporary traffic control plans, select special provisions, and opinion of construction costs for the CITY's use in preparing the complete package of bid documents. The main purpose of this submittal is to allow the CITY's project manager to confirm that all comments from the CITY's 90% review have been adequately addressed in the 100%submittal deliverables. A total of 12 CONSULTANT-prepared drawings are anticipated to be included in the 100%submittal, consisting of the same drawings identified for the 90%submittal in Exhibit A-3. The CONSULTANT project manager and project engineer will attend a comment resolution meeting with the CITY approximately 1 week after receiving CITY review comments to discuss and reconcile comments. The CONSULTANT will prepare an agenda before the meeting for CITY project manager review and draft meeting notes after the meeting for CITY project manager distribution to all attendees for confirmation. Assumption(s) ■ The main purpose of this submittal is to allow the CITY's project manager the opportunity to confirm that all comments from the CITY's 90% review have been adequately addressed in the 100%submittal deliverables before going to "print" for advertisement. City of Kent Highway Safety Improvement Program Projects 11 August 2024 Parametrik Scope of Work Deliverable(s) ■ 100% Drawings - One electronic copy in PDF format. ■ 100%Specifications - One electronic copy(MS Word with tracked changes on CITY's 90% specifications). ■ 100% Opinion of Cost - One electronic copy in PDF format. ■ Written Response to 90% CITY Review Comments - One electronic copy (MS Excel or MS Word format). ■ Comment resolution meeting agenda and meeting notes - Draft and final electronic copies (MS Word format). 04.3 - Final Bid Documents The CONSULTANT will address any final corrections identified by the CITY project manager's 100% review and will produce final deliverables. Assumption(s) ■ This subtask will be initiated when the CITY receives construction obligation funding. Deliverable(s) ■ Final Plans - One electronic copy in PDF format, sealed and signed by an engineer licensed in the state of Washington as appropriate. ■ Final Specifications - One electronic copy(MS Word with tracked changes on City's 100% Specifications). ■ Final Opinion of Cost - One electronic copy in PDF format, sealed and signed by an engineer licensed in the state of Washington and one electronic copy in MS Excel format. Work Element 05 - Bid Support Objectives The CONSULTANT shall provide support during the bidding process by responding to requests for information (RFIs), preparing up to two addenda, and assisting with assembly of the bid tabulations. The CONSULTANT shall also attend the preconstruction meeting. Assumption(s) ■ Three responses to RFIs are included in the scope. ■ Two addenda are included in the scope. ■ Preconstruction meeting will be held at City Hall. Deliverable(s) ■ RFI responses, in MS Word format. ■ Addenda, in MS Word and PDF format. ■ Bid tabulations, in MS Excel format. City of Kent Highway Safety Improvement Program Projects 12 August 2024 Parametrik Scope of Work Exhibit A-2: Project Schedule Milestones Milestone Date Notice to Proceed August 15, 2024 Submit Conceptual Roll Plots August 28, 2024 Submit Draft WSDOT DDP October 2, 2024 Submit Final WSDOT DDP* January 8, 2025 WSDOT DDP Approval February 12, 2025 Submit 90% PS&E December 6, 2024 Submit 100% PS&E January 31, 2025 Submit Final PS&E (Bid Documents) March 14, 2025 Advertise for Bids April 8, 2025 *Assumes up to two 3-week WSDOT reviews. City of Kent Highway Safety Improvement Program Projects 13 August 2024 Parametrik Scope of Work Exhibit A-3: Estimated Sheet Count for Construction Documents Submittals SHEET/SHEET SET SHEET/SHEET SHEET COUNT by SUBMITTAL NAME SET SCALE PREPARED By Alternatives o Analysis 90% Final Conceptual Crossing N/A CITY 6 Roll Plots Cover Sheet, Vicinity N/A CITY 1 1 Map, and Sheet Index General Notes, TESC N/A CITY 1 1 Notes, and Legend Construction Bid Items N/A CITY 1 1 Construction Details N/A CITY 1 1 Site 1 - Alignment and 1 in. = 10 feet CITY 1 1 Demolition Plan Site 1 - Island and Curb Ramp 1 in. = 10 feet CITY 1 1 Construction Plan Site 1 - Channelization 1 in. = 10 feet CONSULTANT 1 1 and Electrical Plan Site 1 - Channelization and Electrical N/A CONSULTANT 1 1 Schedules Site 1 - Traffic Control 1 in. = 20 feet CONSULTANT 3 3 Plans Site 1 - Pedestrian 1 in. = 20 feet CONSULTANT 1 1 Detour Plan Site 2 - Alignment and 1 in. = 10 feet CITY 1 1 Demolition Plan Site 2 - Island and Curb Ramp 1 in. = 10 feet CITY 1 1 Construction Plan Site 2 - Channelization 1 in. = 10 feet CONSULTANT 1 1 and Electrical Plan Site 2 - Channelization and Electrical N/A CONSULTANT 1 1 Schedules Site 2 - Traffic Control 1 in. = 20 feet CONSULTANT 3 3 Plans Site 2 - Pedestrian 1 in. = 20 feet CONSULTANT 1 1 Detour Plan TOTALS 6 20 20 City of Kent Highway Safety Improvement Program Projects 14 August 2024 Exhibit A-4: Budget Estimate Highway Safety Improvement Program Projects Print Date: August 8, 2024 N U 7•U O U O � u O O c + o U w v d ^ Q d o v O O C O •0 v O .U0 a) -2 .� O N N C N Q N O in cn w in in d N U 2023-2024 Standard Hourly Rates-See Exhibit A-5 $285.00 $260.00 $195.00 $145.00 $130.00 $140.00 Work Accounting Labor Labor Element Subtask Description Dollars Hours 01 0100 Project Management $19,705 95 1 46 14 10 8 16 02 0200 Alternatives Analysis $5,070 24 0 6 18 0 0 0 03A 03AO WSDOT Coordination-104th $7,0851 33 0 10 23 0 0 0 03B 03BO WSDOT Coordination-Canyon and Weiland $9,160 44 1 12 26 1 2 2 04 Plans,Specifications and Estimate $40,970 193 14 35 140 4 0 0 04.1 0401 90%Bid Documents $30,650 144 8 30 104 2 0 04.2 0402 100%Bid Documents $7,670 37 4 3 28 2 0 04.3 0403 Final Bid Documents $2,650 12 2 2 81 0 0 0 05 0500 Bid Support $5,200 24 0 8 16 0 0 0 Labor Subtotal: 104th Ave SE Project: $78,030 369 15 105 211 14 8 16 Labor Subtotal:Canyon&Weiland Project: $9,160 44 1 12 26 1 2 2 AGREEMENT TOTAL-Parametrix Labor: $87,190 413 16 117 237 15 10 18 Other Direct Expenses(104th Ave SE Project) Mileage(at$0.575/mi) $400 104th Canyon TOTAL Misc. Expenses $100 Labor $ 78,030 $ 9,160 $ 87,190 EXP01 Other Direct Expenses Total: $500 Expense $ 500 $ - $ 500 Subs $ - $ 104th Project Subtotal: $78,530 TOTAL: $ 78,530 $ 9,160 1 $ 87,690 Canyon&Weiland Project Subtotal: $9,160 AGREEMENT TOTAL: $87,690 Exhibit A-5: Standard Hourly Rates Parametrix Puget Sound Billing Rates -October 1, 2023 through September 30, 2024 Classification Grade Rate for Classification Grade Rate for Billing 2024 Billing 2024 CADD Operator 1 8 $120 Jr. Planner 8 $120 CADD Operator II 9 $130 Planner 1 10 $135 CADD Operator 111 11 $145 Planner 11 11 $145 CADD Supervisor/Technical Lead 12 $155 Planner 111 12 $155 CADD Services Manager 14 $180 Planner III 13 $165 Planner IV 14 $180 Jr. Designer 8 $120 Sr. Planner 15 $205 Designer 1 10 $140 Sr. Planner 16 $225 Designer II 11 $150 Sr. Planner 17 $240 Designer 111 12 $160 Designer 111 13 $170 Jr. Scientist/Biologist 8 $120 Designer IV 14 $180 Scientist/Biologist 1 10 $135 Sr. Designer 15 $200 Scientist/Biologist II 11 $145 Sr. Designer 16 $220 Scientist/Biologist 111 12 $155 Sr. Designer 17 $235 Scientist/Biologist 111 13 $165 Scientist/Biologist IV 14 $180 Jr. Engineer 8 $120 Sr. Scientist/Biologist 15 $200 Engineer 1 10 $145 Sr. Scientist/Biologist 16 $225 Engineer 11 11 $150 Sr. Scientist/Biologist 17 $240 Engineer III 12 $160 Engineer 111 13 $175 Environmental Technician 1 7-8 $120 Engineer IV 14 $195 Environmental Technician 11 9 $130 Sr. Engineer 15 $225 Environmental Technician III 10 $135 Sr. Engineer 16 $240 Sr. Engineer 17 $260 Jr. Hydrogeologist 8 $120 Sr. Consultant 18 $300 Hydrogeologist 1 10 $130 Sr. Consultant 19 $310 Hydrogeologist II 11 $145 Hydrogeologist 111 12-13 $160 Electrical Designer 1 11 $155 Hydrogeologist IV 14 $185 Electrical Designer 11 12 $170 Sr. Hydrogeologist 15 $200 Electrical Designer 111 13 $185 Sr. Hydrogeologist 16 $220 Electrical Designer IV 14 $190 Sr. Hydrogeologist 17 $240 Sr. Electrical Designer 15-16 $225 Sr. Electrical Designer 17 $245 GIS Technician 9 $130 Electrical Engineer 1 11 $155 GIS Analyst 10 $135 Electrical Engineer 11 12 $165 Sr. GIS Analyst 11 $145 Electrical Engineer 111 13 $180 Electrical Engineer IV 14-15 $210 Graphic Designer 10-11 $145 Sr. Electrical Engineer 16-17 $240 Sr. Graphic Designer 12-13 $160 Sr. Electrical Engineer 18 $285 Publications Specialist 1 8 $110 Jr. Surveyor 8 $115 Publications Specialist 11 9-10 $130 Surveyor 1 9 $125 Sr. Publications Specialist 10-11 $145 Surveyor 11 10 $130 Publications Supervisor 12-13 $155 Surveyor 111 11 $150 Technical Editor 10-11 $145 Sr. Surveyor 12 $160 Sr.Technical Editor 12-13 $155 Sr. Surveyor 13 $185 Survey Supervisor 14-15 $205 Technical Aide 7 $110 Survey Supervisor 16-17 $225 Sr.Technical Aide 8 $120 Survey Prevailing Wage* Project Coordinator 9 $130 Sr. Project Coordinator 10 $140 Jr. Inspector 8 $120 Project Controls Specialist 11 $150 Construction Inspector 10-11 $145 Sr. Project Controls Specialist 12-13 $165 Sr. Construction Inspector 12-13 $160 Resident Engineer 13 $175 Project Accountant 9 $130 Resident Engineer 14 $185 Sr. Project Accountant 10-11 $145 Construction Manager 1 12-14 $185 Accounting Specialist 9 $130 Construction Manager 11 15-17 $200 Sr.Accounting Specialist 10-11 $140 Sr. Construction Manager 15 $220 Sr. Construction Manager 16-17 $250 Admin Assistant 7 $110 Owner's Representative 18-19 $275 Sr.Admin Assistant 8 $120 Office Administrator 10-11 $145 Division Manager 16-17 $250 Sr.Office Administrator 12-13 $155 Division Manager, Regional DM 18-19 $285 Office Administrative Manager 14-15 $185 Operations Manager 16-17 $250 Business Manager, Rgnl Off Mgr 15-16 $205 Operations Manager 18-19 $285 Sr. Contract Administrator 12-13 $165 Project Delivery Manager 18-20 $295 Director of Risk Management 20 $300 Principal Consultant 19 $300 Principal Consultant 20 $320 UAV Pilot 12-13 $195 Vice President/Sr.Vice President 18-20 $320 Expert Witness $400 *Prevailing Wage Rates apply to construction surveying on all Washington Public Works Projects. ZWA 2023-2024 10/1/2023 Exhibit B Insurance Requirements Insurance 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: Commercial General Liability insurance shall be written on Insurance Services Office (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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an 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 claims are made or suit is brought, except with respect 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. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non- Contributory Additional Insured. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. 78/16/2024 (MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE IY 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). PRODUCER CONTACT NAME: Jennifer Aguirre AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 A/C No Ext: 510 465-3090 A/c No), Lafayette CA 94549 ADDRESS: DesignProCerts@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA:Valley Fore Insurance Company 20508 INSURED PARAINC-01 INSURERB:Continental Insurance Company 35289 Parametrix, Inc. 1019 39th Ave. SE Suite 100 INSURERC:XL Specialty Insurance Company 37885 Puyallup, WA 98374 INSURERD: National Fire Insurance of Hartford 20478 (253)604-6600 INSURERE:Transportation Insurance Company 20494 INSURER F: COVERAGES CERTIFICATE NUMBER:208417247 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 EFF POLICY EXP IY LIMITS LTR INSD WVD POLICY NUMBER MM/DDYYY IY MM/DDYYY D X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2023 11/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO PREM IS RENTED (Ea occur ante $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ] PE� LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: WA Stop Gap/EL WA Stop Gap $1,000,000 B AUTOMOBILE LIABILITY Y Y 6050531352 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR 6050531433 11/1/2023 11/1/2024 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$n $ A WORKERS COMPENSATION Y 6050531383 11/1/2023 11/1/2024 X E AND EMPLOYERS'LIABILITY Y/N 6050531402 11/1/2023 11/1/2024 STATUTE ERH WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Profesional Liability DPR5020288 11/1/2023 11/1/2024 Per Claim $2,000,000 Claims Made Annual Aggregate $2,000,000 Pollution Liability Included Y Retroactive Date 01/01/1969 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Project#999-1843-999, 104th Avenue SE(SR 515)Pedestrian Safety Improvements, 104th RRFB's and Canyon/Weiland Agreement,City of Kent—Canyon Rd—Weiland St. City of Kent is named as an additional insured as respects general liability and auto liability as required per written contract.General Liability and Auto Liability are Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Day Notice of 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. Attn: Karin Baynes 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 r ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: N A. coverage broader than required by the written contract; or 0 0 B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. _ V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6050531366 Page 1 of 2 Endorsement No: 15 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6050531366 Page 2 of 2 Endorsement No: 15 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 0 0 0 N O O CNA75008XX(10-16) Policy No: 6050531366 Page 1 of 1 Endorsement No: 17 Nat' l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGED• • • PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No: 6050531352 Page: 1 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No: 6050531352 Page: 2 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No:6050531352 Page: 3 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Policy No: 6050531352 Page: 4 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Workers Compensation And Employers Liability Insurance Policy Endorsement IWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT JL dJJL-- We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No:6 50531402 Endorsement No: 3; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance. DNA Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR • RECOVER FROMOTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No:WC 6 50531383 Policy Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved.