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AD06-219 - Original - Baldwin Resource Group/Hebert Research - Events Center Consultant - 11/10/2007
pPl Records Man--a -ere KENT Document W A$HINGTOM [ i k CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks 6� 49Office. cberf e'qSi �� Vendor Name: 10(u)[LPVendor Number: Z.5-02 7/ JD Edwards Number Contract Number: A D©4" 9-0 This is assigned by Deputy City Clerk Description: ���e44 C'6 i(cr Ccr�,S r Detail: Project Name: Contract Effective Date: D V, 10, 0-a �e Termination Date: 3 2(-V7 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: S Public\RecordsManogement\Forms\Contractcover\ADCL7832 07/02 KEN T WRS HINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Baldwin Resource Group/Hebert Research THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Baldwin Resource Group and Hebert Research organized under the laws of the State of Washington, located and doing business at 14432 SE Eastgate Way, Suite 400, 425-455-5640. (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Submit a brief proposal to conduct market demand research as well as a separate, optional feasibility analysis and business plan regarding the proposed subject conference facility BRG will assume the lead role for over-all engagement management and delivery of the final work product(s). Early on, one of its primary accountabilities will be to provide focus for the demand study, and later assist in the design and interpretation of the survey results. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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. Upon the effective date of this greement, Consultant shall complete the work described in Section A November 10, 2006 through December 2007 ,b III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand. Five Hundred Dollars ($24,500 00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I J above, and shall not be exceeded without the prior written authorization of the City in the form /9 /0 d of a negotiated and executed supplemental 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 CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder 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. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference CONSULTANT SERVICES AGREEMENT-2 (Over S10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect C. _Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules 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, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: ca42�L Z (signaao e) (signaeure) Print e 4' - Cs !n C%, Print Name: Suz tte Cooke Its �- V- n_ Its avor (Tide) (True) DATE: DATE: �a i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Baldwin Resource Group (BRG) Ben Wolters, Economic Development and Hebert Research City of Kent 114432 SE Resource Group, Inc. 220 Fourth Avenue South Bellevue, WA 98007 Kent, WA 98032 (425) 455-5640 (telephone) (425) 455-6727 (facsimile) (253) 856-5703 (telephone) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Ken i�Law Depa ent j CONSULTANT SERVICES AGREEMENT-4 (Over$1 D,000) [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement. an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this -7= day of n - n , 200 C. By: For: �y,�, .,� ��o.�.�, Go- Title: �- __ V.h• Date: t EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 12. EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 Kent Event Center Conference Facility Demand Study Introduction Baldwin Resource Group (BRG) and Hebert Research have been asked by the City of Kent to submit a brief proposal to conduct market demand research as well as a separate, optional feasibility analysis and business plan regarding the proposed subject conference facility (the Facility) BRG will assume the lead role for over-all engagement management and delivery of the final work product(s). Early on, one of its primary accountabilities will be to provide focus for the demand study, and later assist in the design and interpretation of the survey results. The proposed Facility will be a part of the planned 175,000 sq ft. Kent Event Center, a 6,500 seat multi-use arena for sports, concerts and other events. The 12,000 sq ft Facility will have a 10,000 sq ft. ballroom or grand lobby seating up to 500 comfortably for catered dinners and conference events. While the main room can be subdivided into smaller rooms for added flexibility, there will also be small "breakout'rooms (i e. suites and club rooms) for group discussions during a conference or planning retreat. There will be a shared kitchen and shared catering services beriveen the Event Center and Facility. Objectives There are two major objectives of the proposed market demand study: 1) Determine the size of the market for the conference center among meeting planners and users in the region,particularly in South King County. ■ Determine how many conferences and events are planned each year and the size of these events ■ Identify the types of competitive facilities that are used and preferred by local users and how much of this demand is already being met by facilities in the South King County area ■ Assess how far users are willing to travel for meeting and conference space and determine the size of the trade area based on willingness to travel ■ Determine how much of the market the proposed Facility could capture. 2) Identify what types of features need to be included in the concept in order to realize and maximize the potential demand for conference space ■ Analyze what are the top requirements for meeting space and convention services • Explore what type of unique competitive difference(s) would clearly set this facility apart from Emerald Downs and other sources of competition ■ Examine the need for special video conferencing facilities • Determine whether higher-end electronic equipment is needed ■ Analyze the appeal of higher-end furniture to add ,alue to the concept and enhance satisfaction of convention attendees BALDWN RESOURCE GROUP HEBERTRESEARCH City of Kent Page t Determine whether a dedicated ballroom is needed or a grand lobby with high finish and appealing architectural features would appeal to demand for large 300 to 500 person reception and sit down gatherings. BALD47N RESOURCE CROUP HEBERT RESEARCH City of Kent Paget Survey Methodology A statistical sampling of 50 local event planners and users is proposed in the greater Seattle region, spanning from Bothell (North King)to Tacoma in Pierce County. Snohomish County is not included due to distance and the availability of facilities in the North end of Seattle and Everett This will be a random survey of three segments of the business community • Large corporate firms (i e, at least 500 local employees)with at least one meeting planner or event coordinator • Nonprofit organizations that hold regular meetings or conferences ■ Event planning/coordinating consultants handling the conference needs of companies that outsource this function The survey will utilize a questionnaire of approximately 25 questions, which will be reviewed and approved by the City of Kent prior to the start of data collection to ensure that all of the project objectives are met and the latest available data and background on the project are fully integrated into the wording of the questions and concepts. Hebert Research's highly-trained business interviewing staff will conduct the interviews and this will be done using a CATI (computer automated telephone interviewing) platform. Hebert Research will analyze the survey data and statistically weight it as needed to be representative of the total market within the area sampled Hebert Research will use its proprietary techniques of question wording to objectively measure and then analyze demand for the proposed conference facility Secondary Research Methodology In addition to the input from the representative survey, Hebert Research will also conduct secondary research using existing databases and sources to profile the relative performance and specifications of local competing sites as welt as several highly comparable sites nationwide The purpose of this analysis will be to better understand the strengths and weaknesses of the local competition and, together with the survey insights, be able to identify winning positioning that will differentiate the Facility in the market. Secondly, understanding the key features of successful conference centers nationwide will provide additional perspective on what is "normal" or "typical" for recently built, leading-edge competitive facilities. Deliverable The summary report will be delivered in a concluding briefing session and will be in a user-friendly format with charts and tables, clear and concise analysis, and actionable findings and conclusions. It will include a demand potential estimate for the King County/Tacoma region that is scaled to the specifications and likely positioning of the proposed Facility It will compare potential demand to total demand for all facilities used in the region The 35 to 40 page report will be provided in electronic format as well as the number of hardcopies needed for the briefing session. BALDWIN RESOURCE GROUP HEBERT RESEARCH City of Kent Page 3 Timeline TASK Completion Date Project approval November 10, 2006 Draft questionnaire November 14, 2006 (PM) Questionnaire finalized November 15, 2006 Start of data collection November 16, 2006 Data collection finished November 27, 2006 Survey analyzed December 1, 2005 Summary report submitted in briefing session December 4, 2005 BALD"N RESOURCE GROUP HEBERTRESEARCH City of Kent Page4 Kent Event Center Conference Facility Business Plan l Feasibility Study (Optional) If the results of the Demand Study warrant further development, BRG proposes to complete a Business Plan I Feasibility Study (Study), which, in addition to other applications,will be used to define the performance standards for a Request For Proposals (RFP)to select the operator for the Facility. This study will be based largely on the findings of the separate demand study, but also include independent information developed by BRG's meeting professionals. Objectives: The objectives of the Study are to: • Define success criteria for a successful Facility (e.g. be self-sustaining) • Determine the revenue potential for the Facility and economic feasibility given the investment required to create preferred branding in the market • Summarize "lessons learned" from other similar conference facilities • Understand the Facility's income potential for an operator (in advance of negotiations) • Develop strategies for the operator selection RFP process. Methodology: Iterative financial modeling will be employed using assumptions and data gathered in the Demand Study The first draft, including a concise summary of key assumptions, will be prepared for review by the City of Kent two weeks before the conclusion of the engagement. Deliverables: • Summary overview report including preliminary financial forecasts (decision level)for the operations of the Facility ■ Estimates of the potential economic impact on the Event Center • Identification of potential operators and suggested language for the operator selection RFP We will use the Microsoft Office suite of development tools, with the final work product to be delivered in hard copy suitable for replication and in electronic format for future use and revision by the City. Timing, Project Management and Fees It is estimated that the second engagement will be completed within six to eight weeks from date of start. BALDW"N RESOURCE GROUP HERERTRESE4RCH City of Kent P,e5 Information about both Baldwin Resource Group and Hebert Research can be found on our respective web sites. www.baldwinrgi.com and www.hebertresearch com . Project management will be accomplished through the development of a timetable of activities and tasks assigned to team members, with defined observable milestones or work product. In addition to the project milestone reports, we will provide crisp status reports on a two-week basis It is our standard practice to invoice for work performed on a two-week basis. The combination of two-week invoicing and status reports provides excellent visibility and controls on the engagement. Based on similar engagements,the professional fees required to complete the first engagement "Demand Study" are estimated to be from $22,000 to $24,500. The professional fees for the second, optional engagement"Business Plan I Feasibility Study" are estimated to be from $17,500 to $20,000. In addition, there will be out of pocket expenses of travel, which are expected to be minimal. Our fees are based on our standard professional rates and you will be charged only for time actually incurred. Should we be able to complete the project in less time than is anticipated, we will bill you accordingly. BALDWIN RESOURCE GROUP HEBERTRESEARCH City Of Kent Page6 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor'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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions EXHIBIT A (Continued) The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement. evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. -+� AC;IW, CERTIFICATE OF LIABILITY INSURANCE ii/27/2006' PRODUCER (425)455-5640 FAX (42S)455-6727 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Baldwin Resource Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 1848 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Bellevue, WA 98009 Marl een Francis INSURERS AFFORDING COVERAGE NAIC# INSURED 4NSURERA American Economy Insurance (A XV 19690 Baldwin Resource Group, Inc. INSURERS General Ins Co. of America (A XV 24732 PO Box 1848 INSURERC American States Ins Co (A XV 19704 Bellevue, WA 98009 NSURERo AXIS Surplus Insurance Co (A XV 26620 NSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN( 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDD[TY1 DATE(MMfDDNYt GENERAL LIABILITY 02B003588530 01/01/2006 01/01/2007 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAM AGE TO RENTED $ 1,000,000 CLAIMS MADE O OCCUR MED EXP(Any one person) $ 10,000 Alr::� PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMWOP ASS $ In Gen Agg POLICY X JECT LOC AUTOMOBILE LIABILITY 24CC11341810 02/13/2006 01/01/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE E (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY OICT00525150 01/01/2006 01/01/2007 EACH OCCURRENCE $ 3,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE $ 3,000,00 C $ DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND 028003 SS8530 01/01/2006 01/01/2007 WC s�TU- X OTH EMPLOYERS LIABILITY I ER ANY PROPRIETO RrPARTNER/EXECUTIVE EL: WA STOP GAP ONLY EL EACH ACCIDENT E r 1 000 00 OFFICERIMEMEEP EXCLUDED E L DISEASE-EA EMPLOYE E 1,OOO,DD If yes descnoe under SPECIAL PROVISIONS below EL DISEASE POLICY LIMIT $ 1,000,00 THY Liab: Consultants ECN623850 01/21/2006 03/01/2007 $3,000,000 Each Wrongful Act D incl : Independent $3,000,000 Annual Aggregate ontractors Ded: $15,000 Each Wrongful Act DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Tty of Kent is included as Additional Insured-Designated Organization, as their interest may appear, er Form BP 7057 07-02 attached. Primary/Non-Contributory provisions apply to General Liability, s required by written contract with Named Insured. Separation of Insureds provision applies er Fig 42 of 48 of Businessowners Coverage Form #BP0003 attached. ity of Kent is included as Additional Insured on Automobile Liability, as their interest may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Kent 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn• Julie Pulliam BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Avenue S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES Kent, WA 98032 AUTHORIZED REPRESENTATIVE / Marleen Francis/MFRAN ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED,subject to the terns 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001108) t! 1si; r' BUSINESSOWNERS BP 70 57 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM —Section II — Liability SCHEDULE" Name of Person or Organization; City of Kent WHO IS AN INSURED (Section C) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you Information required to complete the Schedule, if not shown on this endorsement, will be shown in the Declarations. Safaw Oand the Safety logo are trademarks of Saleco corporafwn BP 70 57 07 02 EP Baldwin Resource Group, Inc. Policy# 0213003588530 Policy Period. 1-1-2006 to 1-1-2007 Client#: 5456 HEBERESE ACORb.� CERTIFICATE OF LIABILITY INSURANCE 02/02107DlYYYY' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Parker Smith&Feek, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bellevue Office 425 709 3600 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2233 112th Avenue NE Bellevue,WA 98004 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Phoenix Insurance Company Travelers Hebert Research, Inc. INSURER B Underwriters at Lloyds Only AMW 13629 N.E. Bel-Red Road INSURER Bellevue,WA 98005 INSURER INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MMIDDIYY DATE MMIDOM' A X GENERALUABILITY 16808935H403PHX07 02/01107 02/01/08 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TED EM PREMISES(Ea o curr n $300 000 CLAIMS MADE Fill OCCUR - MEL'EXP(Any we person) $5 000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s4,000,000 X POLICY F1 jEa LOC A AUTOMOBILE LIABILITY 16808935H403PHX07 02/01/07 02/01/08 COMBINED SINGLE LIMB ANY AUTO Ea accident) $2,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG E EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ E DEDUCTIME $ RETENTION $ $ A WORKERS COMPENSATION AND 16808935H403PHX07 02/01/07 02/01/08 We STATLI_ X OTW EMPLOYERS'LIAPiLITY ITS _ ANY PROPRIETORJPARTNER/FXECUTIVE EL EACH ACCIDENT $11000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEd S1,000,000 If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT 1$1,000,000 B OTHER Professional 020800103080A 02/01/07 02/01/08 $1,000,000 Each Claim Liability $2,000,000 Aggregate Claims Made $5,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Kent Chamber of Commerce. City of Kent is included as Additional Insured and coverage is Primary and Non-Contributory per Endorsement CGD252, Edition Date 08/05 and Endorsement CGD037, Edition Date 04/05 attached. CERTIFICATE HOLDER CANCELLATION Ten pay Notice for Non.payment 0 Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF KENT DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL A_ DAYS WRITTEN Attn: Nathan Torgelson NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 4th Avenue S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE a one_ ACORD 25(2001/08) 1 of 2 #S74583/M74536 LDR00 0 ACORD CORPORATION 1988 t , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001108) 2 of 2 #S74583IM74536 POLICY NUMBER: 16808935H403PHX07 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.*PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" a) Only with respect to liability for"bodily injury", d) The insurance provided to the additional in- "property damage"or"personal injury", and sured does not apply to "bodily injury" or b) If, and only to the extent that, the injury or "property damage" that occurs, or "personal damage is caused by acts or omissions of injury" arising out of an offense committed, you or your subcontractor in the performance while any separate liability insurance that you of "your work" to which the "wntten contract have procured for that person or organization requiring insurance" applies The person or is in effect, regardless of whether the scope organization does not qualify as an additional or limits of insurance in this Coverage Part insured with respect to the independent acts exceed those of that separate liability msur- or omissions of such person or organization ance or whether that separate liability Insur- ance is valid and collectible 2. The insurance provided to the additional insured by this endorsement is limited as follows- 3. The insurance provided to the additional insured a by this endorsement is excess over any valid and ) In the event that the Limits of Insurance of collectible "other insurance", whether primary, this Coverage Part shown in the Declarations excess, contingent or on any other basis, that is exceed the limits of liability required by the available to the additional insured for a loss we "written contract requiring insurance", the in- cover under this endorsement. surance provided to the additional insured shall be limited to the limits of liability re- 4. As a condition of coverage provided to the guired by that "wntten contract requiring In_ additional insured by this endorsement: surance". This endorsement shall not In- a) The additional insured must give us written crease the limits of insurance described in notice as soon as practicable of an "occur- Section III—Limits Of Insurance rence" or an offense which may result In a b) The insurance provided to the additional In_ claim To the extent possible, such notice sured aoes not apply to "bodily injury", "prop- should Include: erty damage" or "personal injury" arising out L How, when and where the "occurrence" of the rendering of, or failure to render, any or offense took place, professional architectural, engineering or sur- ii. The names and addresses of any injured veying services, including, persons and witnesses, and I. The preparing, approving, or failing to iii. The nature and location of any injury or prepare or approve, maps, shop draw- damage arising out of the"occurrence"or ings, opinions, reports, surveys, field or- offense. ders or change orders, or the preparing, approving, or failing to prepare or ap- b) If a claim Is made or"suit" is brought against prove,drawings and specifications, and the additional insured, the additional insured ii. Supervisory, inspection, architectural or must. engineering activities i. Immediately record the specifics of the claim or"suit"and the date received; and CG D2 52 08 05 ®2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 HEBERESEICERT07(E02) COMMERCIAL GENERAL LIABILITY If. Notify us as soon as practicable. S. The following definition is added to SECTION V The additional insured must see to it that we —DEFINITIONS receive written notice of the claim or"suit" as "Written contract requiring insurance" means soon as practicable. that part of any written contract or agreement c) The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or"suit", cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and "property damage" oc- the claim or defense against the "suit", and curs and the"personal injury" is caused by an otherwise comply with all policy conditions. offense committed: After the signing and execution of the d) The additional insured must tender the de- a. contract or agreement by you, fense and indemnity of any claim or"suit" to any provider of"other insurance"which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect; and cover under this endorsement. C. Before the end of the policy period. Page 2 of 2 ®2005 The St.Paul Travelers Companies, Inc. CG D2 52 08 05 HEBERESMERT07(E02) ' POLICY NUMBER: 16808935H403PHX07 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows, subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vzted to an additional insured unde: this 3. The following �s added to Paragraph b. Excess -- Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph(1). ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs, and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. 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