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HomeMy WebLinkAboutPW12-181 - Original - Macaulay & Associates, Ltd - Assessment Review Services for LID 363 - 06/15/2012 Records Maoal geme ��r �KE4`TNZ WA$HINGTON 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 City Clerk's Office. Vendor Name: Macaulay & Associates, Ltd. Vendor Number: JD Edwards Number Contract Number: po/g— /,?/ This Is assigned by City Clerk's Office Project Name: LID 363 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Howlett Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide assessment review services for the LID. C M S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 r F • ,r y KENT WISHINGTQI CONSULTANT SERVICES AGREEMENT between the City of Kent and Macaulay & Associates, Ltd THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Macaulay & Associates, Ltd organized under the laws of the State of Washington, located and doing business at 2927 Colby Avenue, Suite 100, Everett, Washington 98201 Phone: (425) 258-2611, Fax: (425) 252-1210 (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: The Consultant shall provide assessment review services for the Local Improvement District 363. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $141,600 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services CONSULTANT SERVICES AGREEMENT - 1 described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of 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 1.2, and upon completion of the contract work, file the attached Compliance Statement, CONSULTANT SERVICES AGREEMENT - 2 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. 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 an other project shall be without liability or legal exposure to Consultant. Y P J Y 9 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. CONSULTANT SERVICES AGREEMENT - 3 A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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. 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. CONSULTANT SERVICES AGREEMENT - 4 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: ®rint (signature) (signature) Print Name: Robert J. Macaulay, MAI e: Suzette Cooke Its President Ma or (title) a DATE: May 21, 2012 DATE: /5 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Robert Macaulay Tim LaPorte Macaulay & Associates, Ltd City of Kent 2927 Colby Avenue, Suite 100 220 Fourth Avenue South Everett, WA. 98201 Kent, WA 98032 (253) 253-856-5515 (telephone) (425) 258-2611(telephone) (253) 856-6500 (facsimile) 425 252-1210 facsimile APPROVED AS Tp FORKl -4� !:K e7m A,)w') Kent Law Department P\Civd\Flies\Open Files\1639-LID 363\Consultantse"icesagreement-Macaulay Doc CONSULTANT SERVICES AGREEMENT - 5 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 21 day of May , 2012 ._ By: Robert J. Macaulay °i 2 For: Macaulay & Associates, Ltd. Title: President Date: 5/21/2012 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. PLIAN E DOCUMENTS EEO COM C OCU S - 2 CITY OF KENT EQUAL LMIFLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1, the undersigned, a duly represented agent of Macaulay & Associates. Ltd. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Local Improvement District 363 that was entered Into on the June 15. 2012, between the firm I represent and the City of Kent. 1 declare that i complied fussy with all of the requirements and obligations as outFlned in the Clay 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 201 . By: rw Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Aacaulay PT u4ssociates, Ltd. Re al Estate Appraisers&Consultants 2927 Colby Avenue,Suite 100 • Everett,WA 98201 Everett 425-258-2611 • Seattle 206-382-9711 • Fax 425-252-1210 Exhibit A May 21. 2012 Ms Kim Komoto, Legal Analyst City of Kent 220 Fourth Avenue South Kent, WA 98032 RE: Time and fee estimate for City of Kent Special Benefit/Proportionate Assessment Study for LID#363 - Final Assessment Roll, Kent, WA Dear Ms. Komoto- Our estimated hourly rates for completion of the above-referenced LID are summarized in the chart on the following page The scope of the assignment will involve completion of a final special benefit/proportionate assessment study and preparation of a report summarizing our findings Theie are 833 properties in the LID and approximately 470 have pre-paid, leaving 365f parcels to be analyzed within our special benefit/proportionate assessment study Property types are a mix of commercial and residential The report will consider physical and economic characteristics of each affected parcel. A base study will be undertaken, to consist of the assemblage of pertinent market data and investigation of the environmental, economic, governmental and social forces influencing the subject area Consideration will be given to current zoning, land use trends, building improvements, wetland areas, highest and best use and other factors influencing market value for each property type or ownership, without and with the amenity of the LID road improvement project. The increase in probable market value adhering to each parcel due to the LID project is the measure of special benefit The total assessment to be levied will be obtained from the municipal LID coordinator The sum total of special benefit estimated for each paicel is the aggregate special benefit attributable to assessable property within the proposed LID;this total divided into the total LID assessment provides the assessment ratio or the LID assessment per dollar of special benefit The special benefit to each parcel times the cost/benefit ratio results in the individual assessment recommended to that parcel. The recommended assessments will meet the following two criteria: a) Each recommended assessment is equal to or less than the special benefit accruing to that particular parcel b) Each recommended assessment is fair and in proportion to the special benefit derived by that parcel and all other parcels due to the LID project May 21, 2012 Ms Kim Komoto Page 2 There are many variables in a sizable project such as this which spans an extended time period. It has been our experience when working on projects of this magnitude that there are often scheduling changes as well as revisions to the scope of our assignment and other unforeseen complications which can result in increased time expenditures. Although this proposal is currently our best estimate of the scope of the assignment,some flexibility in contract anangements into which we enter would be most beneficial to both parties We have made every effort to estimate the hours needed to successfully complete the assignment. However, if the scope of work is expanded or other significant factors at some point enter into defining our assignment,it may be necessary to negotiate supplemental agreements or contract amendments Completion of our work, as the assignment is described herein, will result in a final special benefit study report which provides a narrative summary of the study and tabulation of recommended assessments for the parcels in our study Due to the size of the project and number of parcels,individual appraisal reports on each are not prepared Limited assignment mass appraisal techniques are utilized and a spreadsheet summarizing our value conclusions without and with the LID assumed completed is prepared Based on the above scope of work, our time and fee estimate is summarized below Time and Fee Estimate City of Kent Special Benefit/Proportionate Assessment Study for LID#363-Final Assessment Roll Appraiser Tasks Hours Rate/ Total Hour Robert 1.Macaulay,MAI Project management,consultation/meetings with 290 $240 $69,600 special benefit and city staff Property inspections, analysts and report preparation Charles R Macaulay,MAI Project review and analysts consultation 80 $240 $19,200 Kelly R Hao and Ashley K Zacharta, Market research,analysts,spreadsheet compilation, 200 $150 $30,000 Appraisers report preparation assistance and property inspections Paul C Bird,Appraiser Property inspections, commercial valuations and 120 $150 $18,000 report assistance Holly Warren,Staff Typing,editing,clerical support 80 $60 $4,800 Total $141,600 May 21, 2012 Ms Kim Komoto Page 3 The above estimate includes preparation for and attendance at the final assessment roll hearing. It does not include additional hearing preparation/attendance and individual report(s)preparation This fee estimate is approximately$388 perparcel which is similar to other final assessment roll special benefit studies completed by our office. Due to the tight time constraints on this project and correspondence with the city, we have started working on LID 363 and every attempt will be made to complete the study by the end of June 2012. If you have any questions or need additional information,please let me know. We look forward to working with the City of Kent on this project. Sincerely, MACAULAY & ASSOCIATES, LTD Robert J Macaulay, MAI WA State Certified-General Appraiser No 1100517 I 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. 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 arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. 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. 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. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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 Contractor 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. 7 ® DATE(MMIDDNYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 5/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER CONTACT Yorry McDaniel NAME Rice Insurance LLC PHONE (360)734-1161 FAXC.N (360)734-1173 1400 Broadway E-MAIL korry®riceinsurance.com P.O. Box 639 INSURERS AFFORDING COVERAGE NAIC k Bellingham WA 98227 INSURER AAmerican Economy Insurance INSURED INSURER 8 American States Insurance Macaulay cc Associates, LTD INSURER 2927 Colby Ave Ste 100 INSURERD INSURER E Everett WA 98201 INSURER COVERAGES CERTIFICATE NUMBER-CL125713090 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE INSR MD POLICY NUMBER MMIDCDYIYYYY MWDDfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMA ET 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE ❑X OCCUR X 02BZ03148610 5/6/2012 5/6/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 TPOLICY PRO LOG $ .IFCTAUTOMOBILE LIABILITY EDacccl tlen SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED X 4CC30176910 5/6/2012 5/6/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident Medical DaYM6ntS $ 5 000 X UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I X I RETEI, C 1CT12862510 5/6/2012 /6/2013 $ A WORKERS COMPENSATION WC$TATURY - FIR AND EMPLOYERS'LIABILITY IN ANY PROPRIETOR/PARTNER'EXECUTIVE Y❑ EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED NIA 026Z03148610 5/6/2012 5/6/2013 (Mandatory In NH) E L DISEASE-EA EMPLOYE $ 1,000, 000 If yes,describe underDESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Additional Insured Form BP 8191 06 06 Applies Coverage is Primary/Non-Contributory CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent Attn: Tim LaPorte 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 Greg Gudbranson/KAM ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved INR(125nn1nn=)m Th.Ar npn namo and Innn ara ronrefororl mark.of Arnpn '•"REPRINTEDFROM THE FORMS LIBRARY"" BP 81 91 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who is An (a) This insurance does not apply to Insured in Section II — Liability any "occurrence" which takes place after the equipment lease expires, 4. Any person or organization for whom you are re- quired by written contract, written agreement or (b) This insurance does not apply to permit to provide insurance is an insured, subject "bodily injury" or "property to the following additional provisions damage" arising out of the sole negligence of such person or or- a. The contract, agreement or permit must be ganization, in effect during the policy period shown in the Declarations and must have been exe- (4) Permits Issued by any state or political cuted prior to the "bodily injury", "property subdivision with respect to operations damage", personal and advertising injury performed by you or on your behalf, subject to the following provision b. The person or organization added as an in- sured by this endorsement is an insured only This insurance does not apply to "bodily to the extent you are held liable due to injury", "properly damage", "personal and advertising injury" arising out of op- (1) The ownership, maintenance or use of erations performed for the state or that part of premises you own, rent, municipality, lease or occupy, subject to the following additional provisions c. The insurance with respect to any architect, engineer, or surveyor added as an insured (a) This insurance does not apply to by this endorsement does not apply to any "occurrence" which takes place "bodily injury", "property damage", after you cease to be a tenant in "personal and advertising injury" arising out any premises leased to or rented to of the rendering of or the failure to render you, any professional services by or for you, in- (b) This insurance does not apply to cluding any structural alterations, new con- (1) The preparing, approving, or failing to struction or demolition operations prepare or approve maps, drawings, performed by or on behalf of the opinions, reports, surveys, change or- person or organization added as an ders, designs or specifications, and insured, (2) Supervisory, inspection or engineering (2) Your ongoing operations for that in- services sured, whether the work is performed by you or for you, d. This insurance does not apply 10 "bodily injury" or "property damage" included within (3) The maintenance, operation or use by the "products-completed operations you of equipment leased to you by such hazard" person or organization, subject to the following additional provisions e. A person's or organization's status as an in- sured under this endorsement ends when your operations for that insured are com- pleted BP 81 91 06 06 Page 1 of 2 EP • y -*REPRINTED FROM THE FORMS LIBRARY f. No coverage will be provided if, in the ab- insurers which potentially provide insurance sence of this endorsement, no liability would for such claim or "suit" be imposed by law on you Coverage shall h, The insurance provided will not exceed the be limited to the extent of your negligence lesser of or fault according to the applicable principles of comparative fault (1) The coverage and/or limits of this policy, g. The defense of any claim or "suit" must be or tendered as soon as practicable to all other (2) The coverage and/or limits required by said contract, agreement or permit Page 2 of 2 7 ® DATE(MMIDDNYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 5/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements) CONT PRODUCER NAMEACT KOrry McDaniel PHONE -1173 Rice Insurance LLC 1400 Broadway E-DmD`RESS korry@riceinsurance.cam P.O. BOX 639 INSURERS AFFORDING COVERAGE NAIC# Bellingham WA 98227 INSURERAAS en Specialty Insurance CO INSURED INSURER B Macaulay & Associates, LTD INSURER 2927 Colby Ave Ste 100 INSURER INSURER E Everett WA 98201 INSURERF COVERAGES CERTIFICATE NUMBER•CL125713088 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR I POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MWDDNYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO FEN I ED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED F7 SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accltlent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATUS OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERJEXECUTIVE EL EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? NIA (Mandatory in NH) EL DISEASE-EA EMPLOYE $ If yes describe under E L DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS below A Professional Liability LB71445212 03/01/201203/01/2013 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space,s required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent Attn: Tim LaPorte 220 Fourth Avenue SouthAUTHORIZED REPRESENTATIVE Kent, WA 98032 Greg Gudbranson/KAM - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved INS025 oninms ni ThA ar npiri namA an,I Innn ara mn,efarArl marlrc of APr1RI1 REQUEST FOR MAYOR'S SIGNATURE • Please FIII in All Applicable Boxes KENT This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Mark Howlett Phone (Originator) 5523 Date Sent 6/14112 Date Required 6/21/12 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: Macaulay&Associates, Ltd DATE OF COUNCIL APPROVAL: 6/5/12 Brief Explanation of Document. The attached agreement with Macaulay&Associates is to provide assessment review services for Local Improvement District 363 for the S 224th Street Project For a summary, see the attached prepared by Mark Howlett All Contracts Must Be Routed Through the Law Department rr=°;, '•«" (fit to°be Con pletedBY the Law Department) Received JUN 14 ZTQ Approval of Law Dept Law Dept Comments � Jt � Date Forwarded to Mayor v�� Shaded Areas to Be Completed byAdministration Staff �^)i [i VY, 15 Received: } V� I Recommendations & Comments: CITY OF CNT 'C'TY CL=7K Disposition: Date Returned: Iage5870_templatebase • 2/07