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HomeMy WebLinkAboutAD07-220 - Original - Engineering Economics, Inc. - Events Center LEED Consultant - 08/15/2007 O Records M4 genre-rye _x KENT -- Document WASHIHGTON 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 Office. Vendor Name: ' �'� ' CC ��� d r ff 'hC r u ber: JD Edwards Number Contract Number: ho 7 - 22-0 This is assigned by Deputy City Clerk Description: Detail: C�rn sS f O rl Project Name: Contract Effective Date: I l� D Termination Date: 1 4;A 31 0 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager.-&.�-Z Department: Fcon lDLN- jC. Abstract: S Public\RecordsManagement\Forms\COntractCOver\ADCL7832 07/02 1 4 KENT AJ S11I rv0 T 01. CONSULTANT SERVICES AGREEMENT between the City of Kent and Engineering Economics Inc. g g THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Engineering Economics Inc organized under the laws of the State of Washington, located and doing business at 1201 Western Avenue, Suite 325, Seattle, WA 98101 (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: Refer to Exhibit A: Scope of Work and Fee Proposal. 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 December 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, up to a total amount not to exceed of$83,774 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 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 CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) 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 If the Kent City Council determines at any time during the duration of this Agreement, including all extensions, to cancel the Events 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. 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$10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any infonnation 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 perfonnance 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 ansmg 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 ansmg 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 Ctty's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT-3 (Over$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. 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: B J. A (signature) (s gnataie) Print Name: TJ- , P, Print Name Suzette Cooke Its: 4)c tnc� Its: Mavor n� (7iile) � T DATE: �5 Z� "(,� DAT� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jeffrey D. Nichols, PE Ben Wolters Engineering Economics Inc. Economic Development Director 1201 Western Avenue, Suite 325 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 206-622-1001 (telephone) (253) 856-5703 (telephone) 206-622-5747 (facsimile) (253) 856-6700 (facsimile) CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) r APPROVED AS T RM: Kent Law Department 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. 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 2- day of �A,r,t j.-� , 200:]-. By: For: uonon'1145 1nL Title• Date: EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS -2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200 By: For- Title: Date. EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL I. COMMISSIONING SCOPE OF WORK A. Commissioning Services- Design Development (DD)Phase 1 Design Document Phase a. Conduct a review of the design documents with a focus on LEEDTM/commissioning design improvement opportunities prior to the construction document phase Present comments to design team for consideration (LEEDTM Energy Credit 3) b. Draft a commissioning plan for review by design team. (LEEDTM Prereq. 1) c Review commissioning specifications and supplement as necessary to reflect program requirements and final scope of work determined for CA delivery(Divisions 1, 15, and 16) (LEEDTM Prereq 1) d. Integrate Design Intent and Basis of Design Documentation from design team as reflects owner requirements regarding system commissioning attributes noted in the LEEDTM Reference Guide (LEEDTM Prereq 1) 2. Construction Documents (CD) Phase a. Conduct a review of the construction documents, with a focus on LEEDTM commissioning design improvement opportunities relative to the Design Intent and Basis of Design Documentation Present comments to design team (LEEDTM Credit 3) b. Finalize commissioning plan (LEEDTM Prereq 1) c. Incorporate comments and finalize commissioning specifications for integration with the contract documents (LEEDTM Prereq 1) B. Commissioning Services Construction and Acceptance Phases 1 Provide selective review of contractor submittals for commissioned systems to ensure that the specifications and owner's requirements are met (LEEDTM Energy Credit 3) 2 Provide prefunctional documentation to verify proper installation, initial start- up, and pretesting of systems This will be organized in a field manual format for use by contractors during installation phase Management of this binder is to be by general contractor for review by CA upon notice of completion (LEEDTM Prereq 1) 3 Write functional test procedures for systems to be comrrussioned in accordance with Commissioning Plan (LEEDTM Prereq 1) 4. Perform selected installation verification checks to assure consistency with the design documents and adequate exercise of contractor quality control obligations Three site visits are included during construction to review major and typical representative types of equipment during and before start up. (LEEDTM Prereq 1) 5 Attend approximately 12 commissioning meetings as part of the overall commissioning process to address the estimated construction schedule provided 6 Witness functional test procedures performed by the contractor to verify systems performance in accordance with the commissioning plan This will include the development of a deficiency log to record and resolve any issues noted during the testing exercises and reviewed in the commmssioning meetings (LEEDTM Prereq 1) EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL 7. Review O&M manuals for commissioned systems for completeness and applicability (LEEDTM Prereq 1) 8 Develop Recommissioning Management Manual per requirements noted in the LEEDTM Reference Guide. (LEEDTM Energy Credit 3) 9. Verify training of maintenance staff as required in the contract documents. (LEEDTM Prereq. 1) 10 Pro,,ide post-occupancy seasonal verification of system performance prior to the expiration of warranty period and document results to the owner's representatives (LEEDTM Energy Credit 3) 11 Prepare a final commissioning report in accordance with LEEDTM requirements (LEEDTM Prereq 1) II. SYSTEMS TO BE COMMISSIONED A. The building equipment and systems to be commissioned as part of this proposal include 1 HVAC systems, including equipment and systems listed in the preliminary drawings and narrative and related sequences of operation, and including the ice rink refrigeration system. 2 Building automation control system(DDC). 3 Domestic hot water heaters 4 Fire alarm to HVAC control system interface, including smoke control fans and fire/smoke damper response to fire alarm signals 5. Lighting control system B. Specific Exclusions The following equipment is not included in our proposal- 1 Fire Alarm/Life Safety System Testing We will not be comrmssioning the fire alarm system or doing integrated testing of such aspects as elevator recall, smoke emergency fan modes, fire fighter smoke control system special and/or inspector testing of the smoke control system, or building security/access in fire modes 2 Fire protection systems, such as sprinkler or pre-action 3 TAB Verification Spot-checking of TAB contractor work is not included in this proposal 4. Kitchen, plumbing and domestic water equipment associated with food storage or preparation 5 Vertical transportation equipment 6 Security, data/communications, or voice paging/public address systems 7 Rental of service lifts to reach equipment that is 10 ft or above finished floor 8 Emergency power system including emergency generators and fuel system 9. Refrigeration machinery room alarm system M EXHIBIT A: SCOPE OF WORK AND FEE PROPOSAL III.FEE PROPOSAL The following fees are estimated for the scope of work referenced above to be billed on an hourly not to exceed basis,plus reimbursable expenses in accordance with attached schedule of hourly rates Scope of Services Associated Fee, Including Expenses LEEDTm E&A Pr 1 Fundamental Cx Services $67,289 LEEDTm E&A Cr 3 Additional Cx Services $16,485 Total Commissioning Services $83,774 2007 Rate Schedule LABOR Up To Principal . .. ........................ . ........................................................................................ $150/Hour Senior Project Manager .. ............I....... . .... . . . . . . ...... $115 to$130/Hour Senior Engineer,, Project Manager . . . ... . . . ......................... $100 to$105%Hour Project Engineer . . . .... . . ... ................... .. .. .. $95'Hour Senior Designer $85/Hour Production Specialist S80/Hour Project Administrator ............ . . ... . . ... ..... ............................ .......... $60,'Hour Administrative Support $50/Hour CONSULTANTS 110%of invoice received REIMBURSABLE EXPENSES Tools and Equipment Usage Market rates Photocopies and Prints Market rates Mileage Personal Car $0 48/mile Postage .. .. .... .... .. . .. . ..... .. . . . ........at cost+ 10% Travel Expenses . ...... ... .................................... at cost+ 10% Other Expenses .. ..... .... . . .. at cost+ 10% These are current rates and are subject to review and revision annually EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability ansmg 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 3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 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, $2,000.000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and S 1,000,000 policy aggregate limit 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 A:VII. 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 Clientg: bbt$4 CIVbCt.V ORo,M CERTIFICATE OF LIABILITY INSURANCE OB/03/07Onr) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, 1000 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER A Hartford Casualty Insurance Co Engineering Economics, Inc. INSURER Hartford Underwriters Insurance Co 780 Simms Street, Suite 210 INSURER C Hartford Accident and Indemnity Co Golden, CO 80401 INSURER D XL Specialty Insurance Company 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 NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMIDD/YY DATE MMIDDIYY A GENERAL LIABILITY 34SBALU5457 08/01/07 08/01/08 EACH OCCURRENCE $1 OOO OOO X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any oneLre) $300,000 CLAIMS MADE L X] OCCUR MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1 OOO 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM IT APPLIES PER PRODUCTS COMPIOPAGG $2000000 POLICY X PROJECT LOC B AUTOMOBILE LIABILITY 34UECRC1462 08/01/07 08/01/08 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accrdenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGO $ A EXCESS LIABILITY 34SBALU5457 08/01/07 08/01/08 EACH OCCURRENCE $5 000 000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 $ DEDUCTIBLE $ X RETENTION $10 00O $ C WORKERS COMPENSATION AND 34WBGRE2692 08/01/07 08/01/08 X TORY WCSTATULIMITS oER EMPLOYERS'LIABILITY E L EACH ACCIDENT $1,000,000 E L DISEASE EA EMPLOYEE $1,000,000 E L DISEASE -POLICY LIMIT $1,000,000 D OTHER Professional DPR9604572 08/01/07 08101/08 $1,000,000 per claim lability $2,000,000 annl aggr laims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: EEI 03-07278 Kent Events Center As required by written contract or written agreement,The City of Kent is included as Additional Insured under General Liability and Automobile Liability on a primary non-contributory basis with respect to the above referenced project. CERTIFICATE HOLDER ADDIrIONAL INSURED,INSURER LETTER CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_DAYS WRITTEN Tammy White -Law Department NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BUTFAILURE TODOSOSHALL 220 Fourth Ave S IMPOSE NOOBLIGATION OR LIABILITYOFANYKIND UPON THE INSURE RJTS AGENTS OR Kent, WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25-S (7197)1 of 1 #S504546/M504348 CDW 0 ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION III—LIMITS OF INSURANCE-The General Aggregate Limit applies separately to each"Project"of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project' of the Named Insured, under no circumstances will we pay more than$10,000,000 for all claims under this policy that are subject to the General Aggregate limit For the purpose of this endorsement,the following definition is added: "Project"means all work done by you or on your behalf, away from premises owned or rented to you,to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs,work orders, purchase orders, or work done at multiple'locations" under one contract are not separate"projects"within the meaning of this coverage ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5012US 12-03 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following ALL COVERAGE PARTS SECTION 11—Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on this policy by written contract or written agreement in effect during this policy period and executed prior to the"occurrence"of the"bodily injury"or .property damage" The insurance provided to the Additional Insured under this endorsement is limited as follows, 1 The person or organization is only an additional insured with respect to lability arising solely out of"your work" or"your product"which is imputed to the Additional Insured. 2 In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by + e written this endorsement shall be limited to the Limits of Insurance required by the wn n contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations 3. This insurance does not apply to"bodily injury"or"property damage" arising out of"your work"or"your product" included in the"products—completed operations hazard" unless you are required to provide such coverage by written contract or written agreement but only for the period of time required by the written contract or written agreement and only for "bodily injury"or"property damage" that occurs during the policy period arising out of"your work" or"your product" 4. Any coverage provided by this endorsement to an Additional insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. 5. Where no coverage shall apply herein for the Named Insured, no coverage or defense shall be afforded to the Additional Insured 6. This insurance does not apply to"bodily injury" or"property damage" arising out of the sole negligence of the Additional Insured ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2009US 02-06 Page 1 of 1 Client#• 5584 ENGECO ��QTM CERTIFICZE OF LIABILITY INS ANCE 07/29/08°A"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 Broadway, Suite 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER Hartford Casualty Insurance Co Engineering Economics, Inc. INSURER B Hartford Underwriters Insurance Co 780 Simms Street, Suite 210 INSURER C XL Specialty Insurance Company Golden, CO 80401 INSURER D 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 _ NSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MMIDD/YY A GENERAL LIABILITY 34SBALU5457 08/01/08 08/01/09 EACH OCCURRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY FIREDAMAGE(Any one fire) $1 0.00,000 CLAIMS MADE Fx7,OCCUR MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2 1 000 1 000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS -COMP/OP AGG s2,000,000 POLICY -1 PEA F LOD B AUTOMOBILE LIABILITY 34UECRC1462 08/01108 08/01/09 COMBINED SINGLE LIMIT $1,000,DOD ANY AUTO (Ea accident) ALL OWNED AUTOS 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 $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ A EXCESS LIABILITY 34SBALU5457 08/01/08 08/01/09 EACH_OCCURRENCE $5 000 000 X OCCUR 11 CLAIMS MADE AGGREGATE $5 000�000 $ DEDUCTIBLE $ X RETENTION $10 000 $ WORKERS COMPENSATION AND r CSfiATIY * 1iOrH- EMPLOYERS'LIABILITY T $E L EACH ACCIDENT E L DISEASE-EA EMPLOYEE $ E L DISEASE -POLICY LIMIT $ C OTHER Professional DPR9612667 08/01/08 08/01/09 $1,000,000 per claim Liability $2,000,000 annl aggr. (aims Made DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: EEI 03-07278 Kent Events Center As required by written contract or written agreement, The City of Kent is included as Additional Insured under General Liability and Automobile Liability on a primary non-contributory basis with respect to the above referenced project. CERTIFICATE HOLDER ADDRIONALINSURED,INSURER LETTER CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3W DAYSWRITTEN Tammy White-Law Department NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BUTFAILURE TODOSOSHALL 220 Fourth Ave S IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES A HORIZED REPRESENTATIVE ACORD 25-S (7197)1 of 2 #S5398481M539707 CDW © 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 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 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 ACORD25-S(7197)2 of 2 #S539848/M539707