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HomeMy WebLinkAboutPL06-276 - Original - A.C. Kindig & Co. - Kent Event Center Field Review - 10/16/2006 4 Records Man'agernen-t . KEDWASHINGTONH Document 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 Mary Simmons, City Clerks Office. Vendor Name: V' to Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: VO& ( GVexk Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: V4(K, Department: l Abstract: ADCL7832 07/02 KEN-Tr W.S.,.OTOu CONSULTANT SERVICES AGREEMENT between the City of Kent and A.C. Kindig & Co. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and A.C. Kindig & Co. organized under the laws of the State of Washington, located and doing business at 12501 Bellevue-Redmond Road, Suite 110, Bellevue, WA 98005-2509 (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: Review background information and conduct a field review to determine whether wetland conditions exist on the proposed site for the Kent Events Center Following this review. Consultant shall prepare a technical memorandum summarizing its findings. Work conducted under this Agreement shall be completed in accordance with Consultant's October 5, 2006, Scope of Work, a copy of which is attached and incorporated as Exhibit A. 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 Agreement, Consultant shall complete the work described in Section I by October 31,2006. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Five Thousand Dollars ($5,000) 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 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 (Under$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. TV. 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. If the Kent City Council determines at any time during the duration of this Agreement, including all extensions, to cancel the Event Center project for any reason, then this Agreement shall immediately terminate and the City will pay Consultant for all work completed to the date of termination, based on the attached hourly rates. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation. national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's 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. CONSULTANT SERVICES AGREEMENT-2 (bnder $10,000) VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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. CONSULTANT SERVICES AGREEMENT-3 (Under$10,000) 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. Assi ng ment. 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: �t�I� �P (signature) / (signature) Print Name- 7 nr,5 01• kygj:r�1 Print Name: Tom Brubaker Its. h! &-met i.no ( Its City Attorney Tale) (Title) DATE: I O� t ZDO(A DATE: l0 tb ()(7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jim Kelley, Ph.D. Kim Marousek A C. Kmdig& Co. City of Kent 12501 Bellevue-Redmond Road, Suite 110 220 Fourth Avenue South Bellevue, WA 980105-2509 Kent, WA 98032 (425) 638-0358 (telephone) (253) 856-5454 (telephone) 425) 455-8365 (facsimile) (253) 856-6454 (facsimile) CONSULTANT SERVICES AGREEMENT-4 (Under$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: I. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 0 2001re By:_ C. For: Title: ��`�'YtiCtQaX Date: (4 ZCsO t'p EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors. consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to al I 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 Fvev%kS 0'e y&A — 64-k that was entered into on the 11�—i-0dVAVI between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this w{ day of E) 2001� By:_-- l wl For: • 1�• .InOLL"57 `f ✓� Titlert,wl Date- E)el� 2zrDlb EEO COMPLIANCE DOCUMENTS-3 A .C . Kindig Co . I__NOIKONMr.NTAI C_ON` 01- I ING 12501 Bellevue-Redmond Road,Suite 110 Bellevue,Washington 98005-2509 425 638 0358 fax 425 455 8.365 SCOPE OF WORK WETLAND ASSESSMENT - KENT EVENTS CENTER (Commons Playfield,Kent,Washington) A.C. Kindig & Co. (Dr Jim Kelley) will review the proposed Kent Events Center site for potential wetland conditions. The work will consist of reviewing background information, completing a field review to identify the locations of wetlands, and preparing technical memorandum that summarizes our findings. Also included in the scope is coordination, as necessary, with the City of Kent and the project team Work associated with these tasks is further outlined below TASK 1 Review Background Information Previously completed studies, evaluations, and background information pertinent to the wetland assessment on or near the project site will be reviewed These documents include • King County Soil Survey • King County Wetlands Inventory • National Wetlands Inventory • Kent Critical Areas Regulation • Preliminary wetland information provided by Adolphson&Associates • Aerial Photographs available from the City or other sources • Construction or maintenance records for the park facilities that may indicate drainage problems The above information will be used to help document and interpret potential wetland conditions on the project site TASK 2 Field Review The Kent Events Center site will be examined to identify potential wetlands on or nearby the site The boundaries of any wetlands will be identified on an aerial photograph or other suitable base map of the project site Wetland identifications will be completed according to criteria specified in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987), and in Ecology's Washington State Wetland Identification and Delineation Manual(1997) Because of existing land-uses (mowed sports fields), dry weather conditions, and historical hydrologic alterations, the three required wetland parameters (sod, vegetation, and hydrology) are anticipated to be Scope of Work I A.C. Kindig c& Co Preliminary Wetland Review October 5, 2006 Kent Events Center, City of Kent absent or unreliable. Therefore, historical information (aerial photographs, maps, and other information) may be used to help support a wetland determination for the site. TASK 3 Reporting, Meetings,and Coordination The results of the above work will be summarized in a technical memorandum. Wetland conditions will be identified described in the memorandum The potential uncertainty in the wetland determination (due to altered site conditions and completion of the study during a dry season) will be discussed The potential significance of wetlands to project planning and site design will also be identified. The memorandum will discuss any wetlands relative to them Clean Water Act jurisdiction. This will include evaluation of whether a wetland is hydrologically isolated from other waters of the U S , adjacent to navigable waters, or hydrologically connected to other waters The potential changes in federal wetland jurisdiction that may result from the recent Rapanos U S. Supreme Court decision will also be considered In this regard, an ecological evaluation of wetlands will be completed and the potential for a "significant nexus" between any on-site wetlands to other navigable waters or their tributaries will be evaluated Finally, coordination with City of Kent and the project team are anticipated to occur through teleconferences and 1 strategy meeting An additional meeting, on the project site, with the Adolphson Wetland consultant and City staff is planned Limitations Our understanding is that Adolphson has evaluated the site for wetlands and has document soil conditions in over 40 locations. Work performed under this scope will not redo this previous work Rather, it will focus on evaluating areas considered potential wetlands in previous studies and on interpretation of site conditions relative to site history and Clean Water Act requirements A delineation (flagging and survey of wetland boundaries) is not proposed because the need and scope of this task cannot be determined at this time Following the completion of Tasks I and 2, a verbal report will be provided to the City At this time,the City can evaluate any additional needs Approved 4v Q&yf Kent. Date Scope of Work 2 A C. Kindlg 4 Co Preliminary Wetland Review October S, 2006 Kent Events Center, City of Kent A .C. Kin dig Co. UlAIKONM4 NI i C ON'- 1, 1 NC 12501 Bellevue-Redmond Road,Suite 110 Bellevue,Washington 9fM5-2509 425 638 03M fax 425 453 8365 COST ESTIMATE WETLAND EVALUATION - KENT EVENTS CENTER (Commons Playfield) Kent, Washington COST ESTIMATE: Task I Task 2 Task 3 Review Existing Eealuate Information Reports and Review Site Conditions and Prepare Summary Background and Collect Wetland Memomndum Attend Information Delineation Data Meetings TO]AL Staff{Expertise Hours Cost Hours Cost Hours Cost Hours Cost Labor Jim Kelley,Ph D,Wetland Ecologi 6 $840 00 10 $1,400 00 r 16 $2,240 00- 32 $4,480 00 Labor Subtotal 6 $840 00 10 $ 1,40000 16 $ 2,24000 32 $4,480 00 Direct Costs Mileage $0 00 80 $48 00 $0 00 80 $48 00 Direct Costs Subtotal $0 00 $48 00 $0 00 $48 00 TOTAL $840 $1,448 $2,240 $4,528 Annroved by Gry of Kent Dale A.0 Kindig Co EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injures to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability ansmg from premises, operations. independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability insurance for liability ansing from explosion, collapse or underground property damage. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2. 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. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY) ACKIN-1 10/27/06 PRODUCER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kibble & Prentice HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0 Box 370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98111 Phone: 206-441-6300 Fax:206-508-6081 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A sudson specialty Insurance Co. • INSURER First National ins Co of Ara 24724 AC Kindlgg & Co. INSURERC Andy Kindig 125D1 Bell-Red Road Ste 110 NSURERD Bellevue WA 98005 NN URER 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 LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MNVDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY FEC6107715 06/18/06 06/18/07 PREMISES(Ea occurence) $ 50000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 5000 X E&O/Pollution Lia PERSONAL B ADV INJURY $ 1000000 X Deductible $2500 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPlOP AGG $ 2000000 POLICY PRO JECT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 8 X ANY AUTO 02CD113208 06/01/06 06/01/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ Jim- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETORiPARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED E L DISEASE EA EMPLOYE $ If yes,describe SPECIAL PROVISIONS below £t DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS[VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Insured Project #302; Kent Events Center. City of Kent is named as additional insured per form FEI-0104-319-E attached. Insurance is Primary. ; icc OCT 3 0 2006 CERTIFICATE HOLDER CANCELLATION KENT-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Law Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Tammy Larson-White 220 - 4th Ave. S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032-5895 REPRESENTATIVES AU ORIZED PRESENTIOE ACORD 25(2001/08) tYCJ�� J 0 ACORD CORPORATION 1988 A � (�1 HUDSON Endorsement INSURANCEw Number AUTOMATIC ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS This endorsement, effective attaches to and forms a part of Policy Number . This endorsement changes the Policy Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization- Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or orgamzation's vicarious liability arising out of your ongoing operations performed for that insured. FEI-0104-319-E 3 40^0' KEN`C" WASHINGTON LAW Tom Brubaker October 16, 2006 City Attorney 220 Fourth Ave.S. Kent,WA 98032-5895 Phone,253-856-5770 Fax:253-856-6770 Jim Kelley A.C. Kindig & Co. 12501 Bellevue-Redmond Road, Suite 110 Bellevue, WA 98005 Re: Consultant Agreement with City of Kent for Event Center Dear Mr. Kelley: Enclosed for your file is a duplicate original of the fully executed Consultant Services Agreement between the City of Kent and A.C. Kindig & Co. Please advised, however, that the city still needs to receive from A.C. Kindig & Co. a Certificate of Insurance which depicts insurance coverage in the types and amounts required by Exhibit B, as well as an endorsement which amends the insurance policy to list the city as an additional insured under your Commercial General Liability coverage. In order to expedite our receipt of these documents, please have your insurer fax those documents to me at (253) 856-6770. a Thank you. Sincerely, Hal TWhite t t. ;� .. :tlw Encls. cc: Kim Marousek, City of Kent Comm. Development, Planning Services v>,GnryiluOpmFkalla)1KdIrrACG,tlgfimv Ex ' a . x� All CERTIFICATE OF LIABILITY INSURANCE OPID S DATE(MM DD YYYY) ACKIN-1 06/OS/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kibble & Prentice Holding Co. HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101 Phone: 206-441-6300 Fax:206-441-6312 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Hudson Specialty Insurance Cc INSURER B First National Ins Co of Am 2472,4 AC yyKindigg 8 6 gg& Co. INSURER( POdB x12 KI 4 INSURER D JUN Redmond WA 98073 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 IN H _1501LICTIEFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY) DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY PEC6107715 06/18/06 06/18/07 PREMISES Eaoccurence) $ 50000 CLAIMS MADE lxl OCCUR MED EXP(Any one person) S 5000 X E&O/Pollution Lla PERSONAL B ADV INJURY $ 1000000 2: Deductible $2500 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2000000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY B X ANY AUTO 02C•D113208 06/01/07 06/01/08 (EaCOMBINED SINGLE LIMIT $ 1000000 CO BIKED ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ IAlU- WORKERS COMPENSATION AND TORV LIMITS I I ER EMPLOYERS'LIABILITY ANY PROPRIETOH/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED EL DISEASE EA EMPLOYE $ L yea oaacn Lu ewer SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Insured Project #302; Kent Events Center. City of Kent is named as additional insured per form FEI-0104-319-E attached. Insurance is Primary. CERTIFICATE HOLDER CANCELLATION KENT-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Law Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Larson-White 4th Ave.220 - 4th A S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032-5895 REPRESENTATIVES AU�ORIZEDSENTAjy/E el ACORD 25(2001/08) J('1F�/�n•1Iw�/1 0 ACORD CORPORATION 1988 ,4coR[). CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MMIDD/YYYY) y ACKIN-1 06/22/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kibble & Prentice Holding Co. HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box,,,,1 70 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattlp WA 98101 Phone: 206-441-6300 Fax:206-441-6312 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Hudson specialty insurance cc INSURER B First National ins cc of Am 24724 AC Kindig & Co. NSURERC And Kindigg PO Box 2486 NSURERD Redmond WA 98073 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 L7R NSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD Y DATE MWDD/YV EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 EU A X COMMERCIAL GENERAL LIABILITY FEC6113317 06/18/07 06/18/08 PREMISES(Ea occurence) $50000 CLAIMS MADE X❑ OCCUR MED EXP(Any one person) $ 5000 X E&O/Pollution Lis PERSONAL&ADV INJURY $ 1000000 X Deductible $25000 GENERAL�GGREG&IE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER a PRODUCTS-COMWOP AGG 32000000 POLICY PE° 7 LOC Deduct 25000 AUTOMOBILE LIABILITY B Ix ANY AUTO 02CD113208 06/01/07 06/01/08 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peraoadent) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESSIUM13RELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ -DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR,PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED E L DISEASE-EA EMoLOYE $ It yes,Jescn oa SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT $_ OTHER 'LE n DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS 2007 a ) Re: Insured Project #302; Kent Events Center. City of Kent is named as _ additional insured per form FEI-0104-319-E attached. *10 days notice of cancellation for non payment of premium CERTIFICATE HOLDER CANCELLATION KENT-02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN Law Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Larson-White 4th Ave.220 - 4th A S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032-5895 REPRESENTATIVES AU�ORIZEDSENTANE ACORD 25(2001/08) I�CCJ]J] JJ 0 ACORD CORPORATION 1988 HUDSON Endorsement i INSURANCE-A- [Number AUTOMATIC ADDITIONAL INSURED— OWNERS, LESSEES OR CONTRACTORS This endorsement, effective attaches to and forms a part of Policy Number . This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional Ensured. However, this status exists only for the project specified in that contract The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. FEI-0104-319-E t