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HomeMy WebLinkAboutCAG2024-414 - Original - Transportation Solutions, Inc - Pedestrian Hybrid Beacon on State Route 99 - 9/4/24 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 08/30/2024 9/6/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website N/A Budget Account Number: Grant? Yes No�✓ R20138 Budget?❑✓ Yes Type: N/A Vendor Name: Category: Transportation Solutions, Inc. Contract Vendor Number: Sub-Category: Original 0 Project Name: pedestrian Hybrid Beacon on State Route 99 CProject Details: The Consultant shall prepare channelization and signal plans and supporting design documentation for the Pedestrian Hybrid Beacon Signal on State Route 99. C Basis for Selection of Contractor: � Agreement �89 $$( Other r *Memo to Mayor must be attached � W i i Start Date: 1 Upon 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: F—]YesF—]No Comments: IM C C IM a:+ ;A = d Date Received:City Attorney: 8/30/24 Date Routed:Mayor's Office City Clerk's Office 9/3/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements 9/3/24 rev.20221201 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Transportation Solutions, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Transportation Solutions, Inc. organized under the laws of the State of Washington, located and doing business at 16932 Woodinville-Redmond Road NE, Suite A206, Woodinville, WA 98072, Phone: (425) 883-4134 Ext. 103, Contact: Kirk Harris (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 prepare channelization and signal plans and supporting design documentation for the Pedestrian Hybrid Beacon Signal on State Route 99. For a description, see the Consultant's Scope of Services, 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 Nine Thousand, Eight Hundred Eighty Six Dollars ($89,886), 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 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 slgnature 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. CONSU NT: CITY OF KENT: By: � Print Name: ` Print Name: Dana Ralph RIts Its Mavor DATE: Z� Z-` DATE: 09/03/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kirk Harris Chad Bieren, P.E. Transportation Solutions, Inc. City of Kent 16932 Woodinville-Redmond Road NE, Suite A206 220 Fourth Avenue South Woodinville, WA 98072 Kent, WA 96032 (425) 883-4134 Ext 103 (telephone) (253) 856-5500 (telephone) kirkh@tsinw.com (email) PublicWorks@KentWa.gov (email) APPROVED AS TO FORM: Nk-ril-_ Kent Law Department ATTEST: k�� kla,4l Kent City Clerk kb el»No2. CONSULTANT SERVICES AGREEMENT- 6 (Over$10,000) 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: f s��. t-n° SX3-- tom, IAJC-. Title: Date: 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 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 Exhibit A-1 Scope of Services Pedestrian Hybrid Beacon Signal 24900 Block of Pacific Highway S (SR 99) Channelization Plans,Signal Plans and Supporting Documentation Transportation Solutions, Inc. TASK DESCRIPTION A- Project Description Transportation Solutions Inc. (CONSULTANT) shall prepare channelization and signal plans and supporting design documentation for a new Pedestrian Hybrid Beacon (PHB) signal at the 24900 block of Pacific Highway S (SR 99) (PROJECT) for the City of Kent (CITY). The PROJECT will be prepared in accordance with design guidance and review comments anticipated to be received from the Washington State Department of Transportation (WSDOT).The PROJECT will be prepared in coordination with the CITY, which will be preparing all design plans except channelization and signal. Supporting design documents to be prepared and submitted to WSDOT for its review and approval include the following: • Channelization Plans • Channelization Plan Checklist completed WSDOT NWR form • Basis of Design (BOD) completed WSDOT form • Context and Modal Accommodation Report (CMAR) completed WSDOT form • Traffic Signal Permit (DOT Form 242-014 EF) completed WSDOT form • Electrical Service Agreement Request • PHB Signal Plans • Illumination Plans The CONSULTANT will work closely with the CITY staff team to review the civil design plans being prepared by the CITY, discuss and coordinate PHB signal needs that are applicable to this crossing, address review comments provided by CITY and WSDOT staff for this location on a State route, and prepare plan sheets and project specifications associated with the PHB signal system that will be incorporated into a bid package that is being prepared by the CITY for the intersection improvements. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 1 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 The CONSULTANT shall review and follow best practices and examples used by WSDOT and the CITY to develop a final PHB signal design. The final PHB signal design will advance the preliminary PHB signal design.The CITY desires to have this work completed by the CONSULTANT and the work products included in the CITY's project advertisement. B-Information, Responsibilities, and Services Provided by the CITY The following information will be provided by the CITY.This is not intended to be an exhaustive list and additional data to be provided by the CITY is included throughout the scope of work: • CITY to provide, in CAD, a base map of located utilities(underground and overhead). • CITY to provide, in CAD, design base files of proposed civil design plans. • CITY to provide, in PDF,the proposed civil design plans. • CITY to provide roadway and utility as-built drawings (if available). • CITY to provide existing right-of-way plans for the project area. • CITY to provide review comments on the design documents following their submittal by the CONSULTANT. • CITY to provide geotechnical information for the traffic signal pole foundations relevant for the locations specified by the CONSULTANT.The geotechnical data will be used to identify soil foundation properties as required for the PHB signal foundation design. • CITY to provide in Word format the project specifications for the PROJECT. • CITY to provide relevant specification examples for its traffic signal systems on a State route. • CITY will submit the PHB Signal Plan and related documents to WSDOT for its review and facilitate coordination between the CONSULTANT and WSDOT toward achieving WSDOT approval of the design. • CITY will apply for and seek WSDOT approval of permits for the PROJECT to be constructed within the WSDOT right-of-way. C-General Project Assumptions This Scope of Services is based upon certain assumptions and exclusions, identified below and under specific tasks.The following assumptions were used in the development of this scope of services: • AutoCAD Civil 3D 2019 will be utilized on the project and files will be submitted in .dwg format. • AGi32 software will be used for illumination design. • MS Excel will be utilized for spreadsheets. • MS Word will be utilized for word processing. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 2 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite A206 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 • The PHB approximate location to be designed by the CONSULTANT has been selected by the CITY.This selection was made with consideration of existing elements of the 7-lane roadway corridor(3-lanes northbound, 3-lanes southbound, 1 center turn lane/center landscaped median),the existing raised median exhibits signs that pedestrians are using it as a de facto refuge to cross near the midpoint of this 4-block corridor between retail and commercial properties on both sides of the roadway.The existing median,which is approximately 11' wide, is approximately 630 feet long, has two street light poles, and is situated between the left turn lanes at the intersections with S 248th Street and S 252nd Street.The CONSULTANT shall assist the CITY in determining the exact location of the proposed crossing. • The CONSULTANT shall assist the CITY to identify a preferred location for a controller and service cabinet cluster within existing right-of-way for Pacific Highway S (SR 99). • If additional right-of-way is required for the PROJECT,the CITY will lead the effort to acquire it. • CITY will operate the completed PHB signal. • PROJECT will be developed following City of Kent requirements for traffic signals on a State Route (SR 99). • CONSULTANT will prepare channelization plans for WSDOT review and approval. • CONSULTANT will prepare 30% design plans which show locations and types of equipment. • CITY will review the 30%submittal and provide comments. • CONSULTANT will prepare 60%design plans which show location,type, and callouts; prepare traffic signal system specifications, identify traffic signal system quantities, and prepare a cost estimate. Project specifications and cost estimate will be included with the 60%submittal. • CITY will review the 60%submittal and provide comments. • CONSULTANT will update the plans and submit a revised 60%submittal for the CITY to submit to WSDOT for its review. • WSDOT will review the 60%submittal and provide comments to the CITY. • CONSULTANT will update the plans, specifications, and estimate to address review comments by WSDOT and submit 100% design plans to the CITY that show location,type, and callouts; prepare traffic signal system quantities, and prepare traffic signal system specifications. • CITY will review the 100%submittal and provide comments. • CONSULTANT will update the plans, specifications, and estimate and submit a revised 100% submittal for the CITY to submit to WSDOT for its review. • WSDOT will review the 100%submittal and provide review comments to the CITY. • CONSULTANT will update the plans and specifications to address minor comments so that the Final Plans and Specifications may be added to the Bid Package being prepared by the CITY. • CONSULTANT will be the engineer of record of the traffic signal design and stamp the PHB signal design drawings. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 3 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 D-Change Management The Project Managers from the CITY and the CONSULTANT are responsible for managing changes to the scope and schedule.The CITY is responsible for the authorization of any changes to the scope, budget, and/or schedule.Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule,team members must communicate potential changes to the Project Manager as early as possible. The Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. Verified changes will be communicated to project stakeholders.The Project Manager will be prepared to explain the effect of the change to the team, so schedules and budgets can be adjusted. This is a time and materials contract with a not to exceed maximum.The level of effort for various tasks are estimates and may vary. The contract will be managed to the contract maximum, not the task level budgets. E-Schedule and Milestones CONSULTANT is expected to proceed with the work following receipt of a notice to proceed from the CITY.The CITY desires to have the work done as expeditiously as possible with consideration that the PROJECT needs information that will be provided by the CITY and will be dependent upon document approvals requested of WSDOT.An approximate schedule is depicted in Exhibit A-2.The schedule shows approximate durations of work activity by task.The CONSULTANT cannot control review times by WSDOT,the CITY, and/or other agencies, if any.The specific date for notice to proceed is subject to the CITY's approval process. F-Payment CONSULTANT invoice period closes on the 151h day of each month. CONSULTANT shall prepare monthly progress reports discussing work activity that occurred during the reporting period.The progress report will identify any unforeseen changes in the scope and schedule and will forecast key work activity for the upcoming reporting period. Exhibit A-2 includes the Fee and Hours Estimate to complete the work.The estimated cost for the maximum not to exceed amount is as follows: TSI—Labor $ 89,820.00 TSI—Expenses $ 66.00 Total Amount Not to Exceed $ 89,886.00 City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 4 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ05 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 TASK 1.0—PROJECT MANAGEMENT AND QUALITY CONTROL 1.1 Project Management Project management will be on-going during the course of the project.The CONSULTANT's project manager will maintain communication with the CITY's project manager, monitor the PROJECT's scope, schedule, and budget, and other similar project management tasks. 1.2 Monthly Progress Reports and Invoices CONSULTANT will provide monthly progress reports and invoices in accordance with the CITY's procedures. CONSULTANT will coordinate the first invoice so that the format is acceptable to the CITY. Each progress report and invoice package will include the CONSULTANT invoice showing all labor and direct expenses included for the period,the monthly progress report, and full documentation of labor hours and direct expenses charged for the period. Assumptions • Progress Report and Invoice packages will be prepared monthly. Deliverables • Monthly Progress Report and Invoice Packages • Periodic Project Schedule updates as agreed to between the CITY and CONSULTANT 1.3 Quality Control/Quality Assurance Review Quality Control reviews will be completed prior to submittal of major deliverables to WSDOT and the CITY. Labor hours required for quality control and internal review of design documents is included with time for submittals. These will include the following Draft and Final Submittals to WSDOT: • Channelization Plans • Channelization Plan Checklist completed WSDOT NWR form • Basis of Design (BOD) completed WSDOT form • Context and Modal Accommodation Report (CMAR) completed WSDOT form • Traffic Signal Permit (DOT Form 242-014 EF) completed WSDOT form • Electrical Service Agreement Request • PHB Signal Plans • Illumination Plans 1.4 Project Closeout CONSULTANT shall deliver all documents in electronic formats. CONSULTANT shall prepare a final closeout progress report and final invoice. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 5 of 12 0;i,WP_..h Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmond Road I Sui[e AZ06 I Woodinville,WA 98072 1 4ZS-883-4134 City of Kent—Design Consultant Services 8/14/2024 TASK 2.0—WSDOT Channelization Plan and Documentation A new Pedestrian Hybrid Beacon (PHB) signal at the 24900 block of Pacific Highway S (SR 99) is on a State Route and therefore WSDOT approval is required for several design elements. Required WSDOT approvals are anticipated to include: • Channelization Plans • Channelization Plan Checklist completed WSDOT NWR form • Basis of Design (BOD) completed WSDOT form • Context and Modal Accommodation Report (CMAR) completed WSDOT form The CONSULTANT assumes that the WSDOT review comment cycle will take up to three (3) cycles. Any revisions requested by WSDOT beyond three (3) review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 3 to 4 weeks to create and return written comments to the CONSULTANT. 2.1 Pedestrian Hybrid Beacon (PHB)Analysis Memorandum The WSDOT Design Manual Chapter 1510 Pedestrian Facilities, Section 1510.09(3) Midblock Crosswalks refers to the WSDOT Traffic Manual for recommendations about marked crosswalks. Chapter 4, Section 4-6.2D of the WSDOT Traffic Manual states that "an engineering study by WSDOT is not required for systems installed by local jurisdictions."Therefore, and in accordance with this information,the CONSULTANT will not prepare a PHB Analysis Memorandum for WSDOT review and approval. If a memo is required to be completed by the CONSULTANT for the project, it will be considered extra work. 2.2 WSDOT Report Forms The CONSULTANT shall complete the Basis of Design (BOD) and Context and Modal Accommodation Report (CMAR) WSDOT Report Forms for the PROJECT.The BOD and CMAR will follow the latest WSDOT guidance and generally include: BOD • A Summary of Community Engagement to Date • A General Project Description • Identification of Project Needs • Identification of Roadway Context • Identification of Design Controls • Alternatives Analysis • Identification of Design Elements Changed City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 6 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 CMAR • Project Information • Community Engagement • Context Determination • Design Controls (Modal Accommodation) The CONSULTANT will rely upon existing information from the CITY for the data necessary to complete the BOD and CMAR to the greatest extent feasible. Information not available from the CITY will be developed by the CONSULTANT. The CONSULTANT assumes that the WSDOT review comment cycle will take up to three (3) cycles. Any revisions requested by WSDOT beyond three (3) review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 3 to 4 weeks to create and return written comments to the CONSULTANT. 2.3 WSDOT Channelization Plan for Approval The CONSULTANT will work with the CITY and WSDOT to prepare channelization plans and documentation necessary to obtain WSDOT Channelization Plan Approval.The Channelization Plans will be prepared in accordance with the latest version of the WSDOT NORTHWEST REGION CHANNELIZATION PLAN CHECKLIST.The Channelization Plans will include: • Channelization Plan Sheets • Median Detail Sheets • Curb Ramp Plans • Typical Roadway Sections The channelization plan review process is typically an iterative process.The channelization plans will be developed based upon survey information developed for the PROJECT and provided by the CITY. The CONSULTANT will review the written comments from WSDOT.The CONSULTANT will make the required changes, document design decisions to how comments were addressed, and submit a revised submittal to WSDOT and the CITY. The CONSULTANT assumes that the WSDOT review comment cycle will take up to three (3) additional cycles.Any revisions requested by WSDOT beyond three (3) additional review cycles is considered extra work. CONSULTANT assumes that WSDOT will require 3 to 4 weeks to create and return written comments to the CONSULTANT. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 7 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 TASK 3.0—Preliminary Design Plans (30%) The CONSULTANT will work with the CITY and WSDOT to prepare preliminary PHB signal, illumination modifications, and curb ramp plans in conjunction with the channelization plans as part of obtaining WSDOT Channelization Plan Approval. 3.1 Field Review and Coordination The CONSULTANT will work with the CITY staff to review the existing location for installation of a new PHB signal system and pedestrian crossing.The review will include on-site fieldwork as well as other on- line tools such as Google. 3.2 Preliminary PHB Signal Plans The CONSULTANT shall prepare a preliminary PHB Signal Plan that illustrates the proposed locations for a new PHB signal system that includes new PHB signal poles with mast arms to mount overhead signs and beacons with three sections (circular yellow signal indication centered below two horizontally aligned circular red signals) facing both directions on SR 99. It is anticipated that the locations of the poles will have adequate room to be located to not conflict with existing overhead or underground utilities. As- built/record drawings of the SR 99 corridor will be used to help determine locations of the new facilities. Also included in the design will be countdown pedestrian signal heads and pedestrian push button detectors. 3.3 Preliminary Illumination Plans The CONSULTANT shall prepare a preliminary Illumination Plan that illustrates the proposed locations for new luminaires, if required,for the new crossing that is compatible with the preliminary PHB Signal Plan and the existing luminaires along the SR 99 corridor. Design documentation prepared with AGi32 software will be developed to support the illumination design. 3.4 Preliminary Median and Curb Ramp Plans It is anticipated that a modification of the existing center median and new curb ramps on each side of SR 99 will be required for the PROJECT. It is anticipated that Maximum Extent Feasible (MEF) documentation will not be necessary for the PROJECT,therefore it has been excluded from this scope of services.The CITY will prepare a preliminary Median and Curb Ramp Plan that illustrates the dimensions of new curb ramps in the PROJECT limits. Preliminary median and curb ramp information, as applicable, will be added to the Channelization Plans. TASK 4.0—Prepare 60% PHB Signal and Illumination Plans, Layouts, Details,Specs,and Estimate The CONSULTANT will prepare a 60% level PS&E submittal and will meet with the CITY to obtain their review and input. PS&E will include the design and preparation of a basic construction bid package. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 8 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 The CONSULTANT with support from the CITY for its development of the civil design portion of the project will prepare the following items: A. PHB Signal Layout and Construction Notes B. PHB Signal Pole Schedule C. Wiring/conduit diagrams D. Accessible Pedestrian Signals (APS) E. Signal heads with reflective edge backing plates F. Street signs meeting current size and reflectivity standards G. Coordinate APS with locations of new ADA compliant curb ramps as required H. Illumination system modifications, as required. I. Illumination analysis using AGi software to determine lighting needs for the intersection 4.1 Plans ■ Plan sheets will be 22"x 34" in .pdf format ■ Annotated Base Drawing with Construction Note 4.2 Specifications ■ Provide CITY compliant PHB signal system and illumination system specifications based upon relevant project examples ■ 8"x 11%" in PDF and Word formats 4.3 Estimates ■ Lump Sum Breakdown of PHB Signal System ■ Lump Sum Breakdown of Illumination System ■ 8"x 11%2" in PDF and XLS formats ■ Hardscape, landscape, pavement markings,traffic control efforts, and other related items of work are excluded from the construction cost estimate 4.4 Traffic Signal Permit (DOT Form 242-014 EF) ■ The CONSULTANT will work with the CITY to prepare a Traffic Signal Permit(DOT Form 242-014 EF) application for submittal to WSDOT as part of seeking approval for the new PHB signal. 4.5 Electrical Service Agreement Request ■ The CONSULTANT will work with the CITY to prepare a new electrical service application to be submitted to PSE for a new service panel.The request will include a vicinity map, PHB plans, and service load calculations. 4.6 Project Team PS&E Review Meeting ■ To coordinate development of Traffic Signal System with Civil Design City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 9 of 12 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent—Design Consultant Services 8/14/2024 4.7 Submit 60% PS&E package to CITY for its review ■ Revise 60% PS&E package based upon CITY review comments 4.8 Submit 60% PS&E package to CITY for submittal to WSDOT for its review ■ Coordinate with CITY and WSDOT as part of WSDOT review of 60% PS&E package TASK 5.0—Prepare 100% PHB Signal and Illumination Plans, Layouts, Details,Specs,and Estimate The CONSULTANT will update the 60% plan set based on WSDOT review comments made regarding the 60% PS&E submittal and prepare a 100% PHB Signal Plan PS&E submittal. 5.1 Plans ■ Updated based upon WSDOT review comments ■ Plan sheets will be 22"x 34" in .pdf format 5.2 Specifications ■ Updated based upon WSDOT review comments ■ 8" x 11%" in PDF and Word formats 5.3 Estimates ■ Updated based upon WSDOT review comments on the plans and specifications ■ 8"x 11 %" in PDF and XLS formats 5.4 Project Team PS&E Review Meeting ■ To continue coordination of development of Traffic Signal System with Civil Design 5.5 Submit 100% PS&E package to CITY for its review ■ Revise 100% PS&E package based upon CITY review comments 5.6 Submit 100% PS&E package to CITY for submittal to WSDOT for its review ■ Coordinate with CITY and WSDOT as part of WSDOT review of 100% PS&E package TASK 6.0—Prepare Final PS&E for Traffic Signal and Illumination System The CONSULTANT will update the 100%plans,specifications, and lump sum breakdown of the traffic signal system based on WSDOT review comments made regarding the 100% PS&E submittal and prepare a Final PS&E for Traffic Signal System to be incorporated by the CITY into its civil design bid document package for the project. City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 10 of 12 0;i, � Transportation Solutions INNOVATIVE ! PRACTICAL I EQUITABLE e Woodinville-Redmond Road Suite 2mIAodin ewe Gla- a [it of Kent-Design Consultant Services 8 14 2 24 EXHIBIT A 2-Approximate Sched me I .— � �— ^ ^ Zl- - ,_ ! /^ ! { - \ � City eKent Sg mw5copeofges_2z4oaa Page te= 0;M,Wt p Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE 16932 Woodinville-Redmand Road I Suite AZ06 I Woodinville,WA 98072 1 425-883-4134 City of Kent-Design Consultant Services 8/14/2024 EXHIBIT A-3-Fee Estimate Exhibit A-3 Fee Estimate 8JI402024 City of Kont-SR 99 PHB Signal-Design Consultant Services Transportation Solutions Inc-Foe Schedule PM Sr.Engr Sr.Tech Engineer I Admin KAH SAD MJS DLH JIB Kuk Slexa Mike Daniel Jill Harris Diabcl Schaefer Had- Ber6anch Bill Rafe---s $ 302.00 $ 256.00 $ 187.00 $ 124.00 S 175.00 Anticipate Work Eloments Task(.) Task Hours Task Cost Task 1.0 PROJECT MANAGEMENT AND QUALITY CONTROL 32 0 0 0 12 44 S 11,764.00 Task 1.1 Project Management 24 Tasty 12 Monthly Progress Reports and 1-1- 8 TasL 1.3 Quality Con trot/Qua lity Assn ra nee Review[incl.below) Tao 1.4 Project Closeout I Task 2.0 WSDOT C HANNE L17ATION PLANS and DOC S 26 16 42 30 J 4 a 23]22.uu Task 2.1 Pedestrian Hybrid Beacon(PHB)Analysis Memo Task 2.2 WSDOT Repoli Forms Task 22.1 Basis of Design(BOD) 1 6 .. Task 223 Context&Modal Accommod allon Report(CMAR 1 6 Task 2.3 Channilllaatlon Plan for Approaal Task 2.3.1 Submittal No.1 Channellzatlon Plans with Review Responses 8 16 Median Dslail and Curb Ramp Sheets 2 6 Typical Roadway Sections 2 4 Task 2.3.1 Submittal No.2 4 8 Task 2.3.1 Submittal No.3 2 4 Task 2.4 Meetings with WSDOT 6 4 4 Task 3.0 PRELIMINARY DESIGN PLANS(301Y.) is 17 42 0 0 58 S f 2,686.00 Task 3.1 Field ReWew and C-dlirlmlora 8 8 Task 33 Preliminary PHB Signal Plans Task 32.1 Submltlal No.1 2 12Task 322 Sub. No.2 2 4 Task 32.3 Submittal No.3 1 2 Task 3.3 Preliminary Ill uminatlon Plans Task 33.1 Submittal No.1(Deslgn and Llghting Analysts) 1 10 Task 332 Submittal No.2 1 4 Task 3.3.3 Submittal No.3 1 2 Task 3 4 Preliminary Median and Cwh Ramp Plans Task 3A.1 Submittal No.1(by Clty) Task 3A2 Submittal No.2(by Clty) Task 3A.3 Submittal No.3 b CIt Tasks 4A-6.0 PHB SIGNAL SYSTEM DESIGN 70 2 108 'J 180 5 41.848.00 Task 4.0 Prepare 50%PHB Signal and Illumination PS&E Task 4.1 Plans 10 32 Task 42 Sp i lcatlons 8 2 Task 4.3 Estl-a 1 2 Task 4A Traf a Signal Permlt 1 1 1 Task 4.5 Electrical Service Agreement Request t 1 1 Task 4.6 Project Team Mead ngfC,-rdlnation 8 8 Task 4.7 Revise 60%per Clly Review prior to WSDDT Submittal 4 12 Task 4.8 Submit 60Yn to WSDOT and Coordinate their review 4 2 Task 5.0 Prepare 1f10%to Signal and Illumination PS&I: Task 5.1 Plans 4 16 Task 5 2 SPec0-11ons 8 2 Task 53 Fsdmates 2 2 Task 5.4 Project Team Meeti ng+Coordlnation 4 2 Task 5.5 Revise 100%per Clty Ravlew prior to WSDOT Submltta• 4 16 Task 5.6 Submit 10D%to WSDOT and Coordinate their ravlew 3 2 Task 60 Prepare Final PHS Signal and Illumination PS&E Task 6-1 Plans 3 12 Task 62 Speci lcatlons 4 1 Task 6.3 Estlmates 1 1 Labor Estimate 144 18 192 30 12 396 $ 89,020.00 $ 89,8200D Expanse Fatima, ra- 100 miles 0 655 $(mile $ 6550 I'd S 0.50 $ 66.00 Grand Total S 89,886.00 City of Kent SR 99 PHB_ScopeofServices_2024-08-14 Page 12 of 12 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. A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 05/07/2024 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 Lisa Day NAME: AssuredPartners of WA,LLC aCONN0 Ext: (206)343-2323 /X No: (206)508-5910 1325 Fourth Ave,Suite 2100 E-MAIL lisa.day@assuredpartners.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98101 INSURERA: National Fire Ins.Co.of Hartford 20478 INSURED INSURER B: Continental Casualty Company 20443 Transportation Solutions,Inc. INSURER C: Travelers Casualty&Surety Company of America 31194 16932 Woodinville Redmond Rd N INSURER D: INSURER E: Woodinville WA 98072 INSURER F: COVERAGES CERTIFICATE NUMBER: CL245702785 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 INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREM SES Ea oNcE ence $ 300,000 MED EXP(Any one person) $ 10,000 A Y 6025562530 03/23/2024 03/23/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY ❑ PRO 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 6080744318 03/23/2024 03/23/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LAB CLAIMS-MADE 6074646796 03/23/2024 03/23/2025 AGGREGATE $ 1,000,000 DED I X RETENTION $ 10,000 $ S WORKERS COMPENSATION YIN PER OTH- AND EMPLOYERS'LIABILITY TATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ElNIA 6025562530 03/23/2024 03/23/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Per Claim$3M Each Claim 3,000,000 C Professional Aggregate$4M 105932134 05/13/2024 05/13/2025 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Pedestrian Hybrid Beacon on State Route 99 It is agreed that City of Kent is included as Additional Insured in regards to the General Liability and Automobile Liability.See attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South AUTHORIZED REPRESENTATIVE i Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA Business Auto Policy Policy Endorsement DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TRANSPORTATION SOLUTIONS, INC. Endorsement Effective Date: 03/23/2024 SCHEDULE Name Of Person(s) Or Organization(s): ANDERSEN CONSTRUCTION COMPANY BARGHAUSEN CONSULTING ENGINEERS, INC. CITY OF ISSAQUAH CITY OF KENT CITY OF NEWCASTLE CITY OF TACOMA WILLIAM WARREN PROPERTIES Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 Policy No:BUA 6080744318 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 03/23/2024 Endorsement No: 4; Page: 1 of 1 Policy Page: 54 of 86 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Copyright Insurance Services Office, Inc., 2011 DNA Business Auto Policy Policy b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Form No: CA 00 01 11 20 Policy No:BUA 6080744318 Policy ; Page: 12 of 17 Policy Effective Date: 03/23/2024 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL Policy Page: 42 of 86 60606 Copyright Insurance Services Office, Inc., 2019 DNA Business Auto Policy Policy c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this Policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this Policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the Policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere else in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that the "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada, or in a settlement we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. S. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. Form No: CA 00 01 11 20 Policy No:BUA 6080744318 Policy ; Page: 13 of 17 Policy Effective Date: 03/23/2024 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL Policy Page: 43 of 86 60606 Copyright Insurance Services Office, Inc., 2019 CNA (Bd. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary—Noncontributory provision 1.b. Definition of"written contract" 2. Additional Insured—Extended Coverage II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability—Damage to Premises F. Personal and Advertising Injury—Discrimination or Humiliation G. Personal and Advertising Injury—Broadened Eviction H. Waiver of Subrogation—Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or"property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) h. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a"written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest r Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: N N (1) such person or organization's financial control of you; or 0 0 (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as grantor of a franchise to you. SB146932G (10-19) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury,""property damage"or"personal and advertising injury"arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract,"we will treat as a"written contract"any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury"caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard." But this provision (2) does not apply to such "bodily injury"or"property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract"; and (b) The"written contract" requires you to make the person or organization an additional insured for such "bodily injury"or"property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A. and B. above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, N excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be N either primary or primary and noncontributing, then this insurance will be primary and non-contributory N relative solely to insurance on which the additional insured is a named insured. N N b. Under Liability and Medical Expense Definitions,the following definition is added: 0 "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The "bodily injury"or"property damage;"or (b) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a.through d. above; (2) "Property damage"to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury—Expanded Definition Under Liability and Medical Expenses Definitions, the definition of"Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. SB146932G (10-19) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion)to premises: N N (1) rented to you: N O (2) temporarily occupied by you with the permission of the owner, or 0 0 (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB146932G (10-19) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932G (10-19) Page 7 of 7 Copyright,CNA All Rights Reserved. CNA CNA8(09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BLISINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX(09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission CNA (Ed. 106 9) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BLISINESSOWNERS LIABILITY COVERAGE FORM BLISINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Crrently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury"or"property damage"; or b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the"products-completed operations hazard,"and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to,the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. SB146968C (Ed. 10-19) Page 1 of 3 Copyright,CNA All Rights Reserved. SB146968C (Ed. 10-19) C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or"suit" under this insurance; 2. Tender the defense and indemnity of any claim or"suit"to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any"suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations N of this Coverage Part. N E. Additional Insured—Extended Coverage N N When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section 0 entitled Who Is An Insured is amended to make the following natural persons insureds: 0 If the additional insured is: 1. An individual, then his or her spouse is an insured; 2. A partnership or joint venture, then its partners, members and their spouses are insureds; 3. A limited liability company, then its members and managers are insureds; 4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or 5. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs 1.through 4. above; SB146968C (Ed. 10-19) Page 2 of 3 Copyright,CNA All Rights Reserved. SB146968C (Ed. 10-19) (2) 'Property damage"to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. F. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the"products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968C (Ed. 10-19) Page 3 of 3 Copyright,CNA All Rights Reserved. CNA S (Ed. 06/1 ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM A. For all sums which the insured becomes legally Declarations, such limits will be subject to the obligated to pay as damages caused by "occurrences" applicable"Project" General Aggregate limit. under COVERAGE A.1., and for all medical expenses B. For all sums which the insured becomes legally caused by accidents under COVERAGE A.2., which obligated to pay as damages caused by can be attributed only to ongoing operations at a single "occurrences,"and for all medical expenses caused by "project": accidents, which cannot be attributed only to ongoing 1. A separate "Project" General Aggregate limit operations at a single"project": applies to each "project." The "Project" General 1. Any payments made under COVERAGE A.1. for Aggregate limit is equal to the amount of the damages or under COVERAGE A.2. for medical General Aggregate limit shown in the expenses shall reduce the amount available under Declarations. the General Aggregate limit or the 2. The "Project" General Aggregate limit is the most Products/Completed Operations Aggregate limit, we will pay for the sum of all damages payable whichever is applicable; and under COVERAGE A.1., except damages 2. Such payments shall not reduce any "Project" because of "bodily injury" or "property damage" General Aggregate limit. included in the "products-completed operations hazard," and for medical expenses payable under C. When coverage for liability arising out of the "products- COVERAGE A.2. regardless of the number of: completed operations hazard" is provided, any payments for damages because of "bodily injury" or a. Insureds; "property damage" included in the "products- b. Claims made or"suits" brought; or completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and c. Persons or organizations making claims or not reduce the General Aggregate limit nor any bringing "suits." "Project" General Aggregate limit. 3. Any payments made under COVERAGE A.1. for D. If a "project" has been abandoned, delayed, or damages or under COVERAGE A.2. for medical abandoned and then restarted, or if the authorized expenses shall reduce the "Project" General contracting parties deviate from plans, blueprints, Aggregate limit for the applicable "project." Such designs, specifications or timetables, the "project" will payments shall not reduce the General Aggregate still be deemed to be the same"project." limit shown in the Declarations nor shall they reduce any "Project" General Aggregate limit E. The provisions of the Limits Of Insurance section not applicable to other"projects." otherwise modified by this endorsement shall continue to apply as stipulated. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises F. The following definition is added to Section F. Liability Rented to You, and Medical Expenses continue to and Medical Expenses Definitions: apply. However, instead of being subject to the "Project" means "your work" at location(s) away from General Aggregate limit shown in the premises owned or rented to you. SB-300001-C Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 (Ed. 06/11) Copyright, Insurance Services Office, Inc.,2002