Loading...
HomeMy WebLinkAboutECD14-101 - Original - BERK & Consulting, Inc. - Contract - 04/23/2014 O ecords Mama 111 gemU5 KEN WAa Hiworoa ADocument 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: BERK & Consultina Inc Vendor Number: JD Edwards Number Contract Number: gob ly WP 1 O I This is assigned by Deputy City Clerk Description: 2014 Consultant Service Agreement Detail: _Comprehensive Plan Update Completion Strategy Project Name: Comprehensive Plan Contract Effective Date: 4 21 14 Termination Date: 5 31 14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment a Contract Manager: Charlene Anderson Department: ECD / Planning Abstract: _ j 5 Public\RecordsManagement\Forms\ConfraclCover\ADCL7832 07/02 .00,0" • KEN T WM1BNINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and BERK & Consulting, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK & Associates Incorporated organized under the laws of the State of Washington, located and doing business at 2025 First Avenue, Suite 800 - Seattle, WA 98121, 206-324-8760 (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 (BERK Consulting) will work collaboratively and as an extension of staff to conduct the following comprehensive plan update services. Comprehensive Plan Update Completion Strategy The Consultant will review the City-prepared Comprehensive Plan Audit and provide any advice or recommendations relevant to the completion of the plan update. The Consultant will prepare a completion strategy (draft and revised) for the Kent Comprehensive Plan Update addressing objectives, detailed element schedule, points of noticing/outreach, decision-maker workshops and meetings, integration of SEPA into process, etc. A project schedule in the City's desired format (Microsoft Project or Excel for example) will be developed. The Consultant will attend a kick-off meeting and a project completion strategy review meeting to review the draft strategy. The Consultant will also attend monthly coordination meetings (or more or less frequently as project demands dictate) by phone or in person. The budget assumes four in-person meetings and four conference calls in addition to the kick-off and completion strategy meeting. Devlierables: 1. Draft and revised completion strategy memo and project schedule 2. Kick-off meeting 3. Completion strategy meeting 4. Four meetings and calls over the life of the project 5. Consultant shall complete the completion strategy and kick off meeting work described in Section I by May 15, 2014. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. Consultant shall complete the work described in Section I by May 15, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $11,500, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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. 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$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 sub3ect 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, 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. CONSULTANT SERVICES AGREEMENT - 4 (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. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. ]. 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: By: (si nature) (signature) Print Name:_ Prin a zette Cooke Its 4/iAVUC0Xl J, Its Mayor (till DATE: '�'�r'0'( `I DATE: CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Fred N. Satterstrom, AICP BERK Consulting, Inc. Planning Director 2025 First Avenue, Suite 800 City of Kent Seattle, WA 98121 220 Fourth Avenue South Kent, WA 98032 206-324-8760 (telephone) None (facsimile) (253) 253-856-5430 (telephone) (253) 253-856-6454 (facsimile) APPRO ED AS TO F M: Kent Law Departmen [s\perm1t\p1an\Comp310n amendments\2011\2014_CompP1anUpdate\ContraCt5\BEkK Comp Plan ConsultantSemic Agreement-Over10K doc CONSULTANT SERVICES AGREEMENT - 6 (Over$101000) 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. S. 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. U /L-ce��kk 'ILI For: L R IL Title: Pki 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 a 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT SCOPE OF SERVICES COMPREHENSIVE PLAN UPDATE SERVICES City of Kent Task 1. Comprehensive Plan Update Completion Strategy The Consultant will review the City-prepared Comprehensive Plan Audit and provide any advice or recommendations relevant to the completion of the plan update. The Consultant will prepare a completion strategy (draft and revised) for the Kent Comprehensive Plan Update addressing objectives, detailed element schedule, points of noticing/outreach, decision maker workshops and meetings, integration of SEPA into process, etc. A project schedule in the City's desired format (Microsoft Project or Excel for example)will be developed. The Consultant will attend a kick off meeting and a project completion strategy review meeting to review the draft strategy. The Consultant will also attend monthly coordination meetings (or more or less frequently as project demands dictate) by phone or in person. The budget assumes four in person meetings and four conference calls in addition to the kick off and completion strategy meeting. Deliverables: • Draft and revised completion strategy memo and project schedule • Kick off meeting • Completion strategy meeting • Four meetings and calls over the life of the project ERK RATES AND FEE Hourly hates • Principal $250 • Manager: $175 • Senior Associate:$140 • Associate: $115 • Project Associate. $75 Not to Exceed Fee Task 1 will not exceed$11,500. 1 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2. 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 $1,000,006 each occurrence, $2,000,000 general aggregate. 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. �` CERTIFICATE OF LIABILITY INSURANCE 4/8/014""'1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(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 Nano Blackwell NAME y McDonald Insurance Group, Inc. PttoHEa.rtI. (425)827-7400 FIC No, (4z5)ez1-Taoz 620 Kirkland Way Ste 100 E-Ma1L nancy@madonaldins.com PO BOX 3089 INSURERS AFFORDING COVERAGE NAIL# Kirkland WA 98083-3089 INSURERANat-tonal Fire Insurance Co 047 INSURED INSURER Underwriters at Lloyds, London 5792 BERK Consulting, Inc. INSURER 2025 First Ave. Suite 800 INSURER INSURER E Seattle WA 98121 INSURER COVERAGES CERTIFICATE NUMBER.13/14 - GL/AL/SG/Prof 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 NOTWTHSTANDING 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 ADDL SU POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD MM/DD/VYYY GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 X COMMERCIAL GENERAL LIABILITY PPTO ,EMSMAGES(Ea=wcal $ 300,000 A CLAIMS-MADE 7X OCCUR 4017749887 9/18/2013 /18/2014 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 4,000,000 X POLICY PRO- AUTOMOBILE $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea e cridem) 1,000,000 A ANY AUTO BODILY INJURY(Per Person) $ ALL OWNED SCHEDULED 4017749887 9/18/2013 /18/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS Ix HIRED AUTOS X NO1TNOSWNED PROPERTY ntDAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DELI I I RETENTION$ S A WORKERS COMPENSATION WC STATU- X OTH- AND EMPLOYERS'LIABILITY Y/NFIR ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) 011749997 /18/2013 /18/2014 EL DISEASE-EA EMPLOYE $ 1,000,000 H yes,descnbe under LIAB ONLY/WA STOP GAP DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 2,000,000 B Professional Liability SE13B000554 9/18/2013 9/18/2014 EACH CLAIM LIMIT' $1,000,000 Deductible:$10,000/Claim AGGREGATELIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,8more space Is required) Re: City of Comprehensive Plan Update Completion Strategy. City of Kent is an Additional Insured for General Liability as required by written contract per SB146932E attached. Coverage is primary and non-contributory and 30 day Notice of Cancellation applies per SB147052. CERTIFICATE HOLDER CANCELLATION 3pullxam@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn: Julie Pulliam 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 F McAllister, Tr./BHC ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved. INS025(2oloos)at The ACORD name and logo are registered marks of ACORD CNA s (Ed. 611 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- LIABILITY EXTENSION This endorsement modifies Insurance provided under the following: BUSiNESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional Insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS own sots or omission or those of Its employees or anyone else acting on Its WHO IS AN INSURED Is amended to include as an behalf. However, this exclusion does not additional insured any person or organization(referred apply to: to below as vendor)with whom you agreed, because of a written contract or agreement to provide (1) The exceptions contained In Insurance, but only with respect to 'bodily injury" or Subparagraphs d.or t.;or 'properly damage'arising out of'your products"which (2) Such inspections, adjustments, tests or are distributed or sold In the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, In 1. The insurance afforded the vendor does not apply connection with the distdbutlon or sale of to: the products. a. 'Bodily injury'or'propatly damage'for which 2. This insurance does not apply to any Insured the vendor Is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability In a acquired such products,or any Ingredient, part or contract or agreement. This exclusion does container, entering Into, accompanying or not apply to lability for damages that the containing such products. vendor would have In the absence of the S. This provision 2. does not apply to any vendor contract or agreement; included as an Insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in this 4. This provision 2.does not apply If'bodily Injury'or product made Intentionally by the vendor; °property damage° Included within the 'products- completed operations hazard" Is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under 2. Instructions from the manufacturer, and then WHO IS AN INSURED is amended to Include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, Insured) described In paragraphs 2.a. through 2.h. adjustments,tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to Insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the disMbution or safe of the be: products, 1. Currently in effector becoming effective during the f. Demonstration,installation,servicing or repair term of this policy;and operations,except such operations performed 2. Executed prior to the 'bodily injury; °property at the vendor's premises in connection with damage'or*personal and advertising injury;but the sale of the product; Onlythe following Products which, after distribution or sale s parsons or organizations are 9• by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional Insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor;or In. 'Bodily Injury' or 'property damage' arising a. Additional Insured—Your Work out of the sole negligence of the vendor for Ns That person or organization for whom you do work is an additional Insured solely for liability SB-146932-E Page i of 5 (Ed.06/11) SB-146932-E CAA (Ed. 06111) due to your negligence specifically resulting This Insurance does not apply to "bodily from your work for the additional insured Injury,' 'property damage' or 'personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of a. Controlling Interest the additional Insured. Any The Insurance provided to the additional con persons or organizations with a insured Is limited as follows: controlling interest you but only with respect to their liability arising out of.- (1) The Limits of Insurance applicable to the (1) Their financial control of you;or additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not In This Insurance does not apply to structural addition to,the Limits of Insurance shown alterations, new construction and demolition In the Declarations. operations performed by or for such additional (2) The coverage provided to the additional Insured. Insured by this endorsement and d. Managers or Lessors of Premises paragraph F.D.of the definition of'Insured contract' under Liabllfty and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injuy or 'property damage' maintenance or use of that specific part of the arising out of the 'products-completed premises leased to you and subject to the operations hazard'unless required by the following additional exclusions: written contractor written agreement. This insurance does not apply to: (3) The insurance provided to the additional i Any 'occurrence'which takes lace after Insured does not apply to 'bodily injury, ( ) p ca ca 'property damage; or 'personal and you cease to be a tenant In that premises; advertising Injury' arising out of the or rendering or failure to render any 2 Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee,Assignee or Receiver following provisions, A mortgagee, assignee or receiver but only (1) This Insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assigns, or receiver and arising out of the state or political subdivision has Issued a ownership,maintenance,or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural Insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of Insured. i� advertising signs,awnings, canopies, t. Owners/Other Interests Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land holstaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decoration and to liability arising out of the ownership, NOW— '— similar exposures;or maintenance or use of that specific part of the land leased to you and subject to the following (b} The construction, erection, or additional exclusions: removal of elevators;or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any 'occurrence' which takes place behalf for which the slate or political after you cease to lease that land;or subdivision has issued a permit. SB-146932E Page 2 of 5 (Ed.06/11) CAM SB(Ed.061) (2) Structural alterations, new Damage To Property, Is replaced by the construction or demolition operations following: performed by or on behalf of such additional Insured It. Damage To Property g. Co-owner of insured Premises 'Property damage'to. A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this Insurance but only Including any costs or expenses with respect to the co-owners liability as co- Incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment.Such person or organization damage i to n injury r a person or are Insureds only with respect to their liability damage to another s property; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage' such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property In the oars, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: properly on which you or any This Insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any 'occurrence° which takes place performing operations,if the'property after the equipment lease expires;or damage' arises out of those (2) To 'bodily injury; 'properly damage' or operations;at 'personal and advertising injury° arising S. That particular part of any property out of the sole negligence of such that must be restored, repaired or addlgonal insured. replaced because 'your work' was Any Insurance provided to an additional Insured incorrectly performed on it. designated under paragraphs b.through In.above Paragraph 2 of this exclusion does not does not apply to 'bodily injury' or 'property apply If the promises are 'your works and damage'Included within the 'products-completed were never occupied, rented or held for operations hazard° rental by you. 3. The following Is added to Paragraph H. of the Paragraphs 1,3,and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to 'property damage' (other CONDITIONS: than damage by fire or explosion) to H. Other'insurance premises: 4. This insurance Is excess over any other (1) rented to you: insurance naming the additional Insured (2) temporarily occupied by you with the as an Insured whether primary, excess, permission of the owner,or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this Insurance be consecutive days. either primary or primary and A separate limit of Insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE To PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of insurance. Business Liability Coverage, Exclusion k. SS-i46M2-E Page 3 of 5 (Ed.06/11) CA/A S id. 09611 (E 1)j Paragraphs 3, 4, 5, and 6 of this (2) Any partner, If you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to °property damage' included in (4) Any 'executive officer" or insurance the aproducts•complated operations manager,If you or an additional insured is hazard, a corporation; B. Under B. Exclusions, 1. Applicable to (6) Any trustee, If you or an additional Business Liability Coverage, the last paragraph of 2. Exclusions Is deleted and insured is a trust;or replaced by the following: (6) Any elected or appointed official,if you or Exclusions c,d,e,f,g,h,i,k,1,m,n,and o, an additional insured is a political do not apply to damage by fire to prenrlses subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7. Bodily injury separate limit of Insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. 'Bodily injury'is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily Injury, sickness or C. The first Paragraph under item S.Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of"property damage" S. Expanded Personal and Advertising Injury to any one premises,while rented to you, or Definition temporarily occupied by you, with the permission of the owner,including contents of a. The following is added to Section F.Liabilfly such premises rented to you for a period of 7 and Medical Expenses Definitions,item 14. or fewer consecutive days, is the Damage to Personal and Advertising injury, In the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: S. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in Injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation Is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. S. Broad Knowledge of Occurrence a. The insured;or b. Any 'executive officer; director, The following items are added to ' it stockholder, partner, member or Businessowners General Liability Conditions manager(if you are a limited liability in the Businessowners Liability Coverage company)of the insured;and Form: ® 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of °occurrence,'offense,claim or'suit' Is known employment of any parson or person by to: any insured. (1) You or any additional Insured that is an b. The following is added to Exclusions,Section Individual; B.: SB-146932-E Page 4 of 5 (Ed.06111) CNA SB-146932-E (Ed.06/11) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. Indirectly related to the safe,rental, lease 9. Personal and Advertising Injury Redefined or sub-lease or prospective sale, rental, Expenses Section F. Liability and Medical Fx lease or sublease of any room, dwelling p or premises by or at the direction of any Daffnitions, item 14, Personal Advertising Injury, Insured. Paragraph c.is replaced by the following. (IS)Fines or Penalties c. The wrongful eviction from, wrongful entry Into, or invasion of the right of private Fines or penalties levied or Imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if a SS-146932-E Page 5 of 5 (Ed.06111) McDonald Insurance Group, Inc. P.o Box 3089 Kirkland, WA 98033 Applicable to ACORD 25-Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s)unless an endorsement is attached specifying these coverages.This certificate does not necessarily comply with all contract requirements between the named insui ed and the additional insured(s).All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract. Applicable to ACORD 25,27,28,and 24 This certificate is the"latest"ACORD 25(May,2010)Certificate of Liability Insurance,or ACORD 27(December,2009)Evidence of Property Insurance or ACORD 28(December 2009) Evidence of Commercial Property Insurance or ACORD 24(September 2009)Certificate of Property Insurance.In order to issue certificates from our agency,these revisions listed above must be used.If you previously received an ACORD 25,27,28 or 24 with an earlier revision date, there are notable changes between the forms.Please note the following significant characteristics of the new ACORD forms. 0 The cancellation clause refers back to the policy terms. $• Cancellation notice from the insurance carrier is provided to the first named insured.That right is not available to certificate holders. �A The ACORD form is copyrighted.Permission to alter it is not available a• As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates.Carriers do not authorize us to include special language or alter the form even without the copyright concerns.The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. Bonn BOON McDonald Insurance Group,Inc—Po Box 3089 Kirkland,WA 98083 4400 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill In All Applicable Boxes Wws HIN0T0N Routing Information (ALL REQUESTS MUST FIRST REROUTED THROUGH THE LAW DEPARTMENT) Originator Phone (Originator): ITi.( I Date Sent ( � Date Required 4 736[ t Return Signed Document to, CONTRACT TERMINATION DATE: VENDOR NAME: DATE OF COUNCIL APPROVAL: I�1� Brief Explanation of Document use i3Gfc_C lz y e o i e w I ( o" �c t- ✓e �w�r r� ' oYf co w-p e�5-e\ 67�-Go-h--t �'tc..►, cc-o-, 1-11 I All Contracts Must Be Routed Through the Law Department (Thus Area to be Compt tar it O�SCEI Received: O.' Approval of Law Dept- APR 21 Law Dept. Comments: W LAW D17- t Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: RECEIV Disposition: f �l city of Kett Office of the MayOr APR L v u14 Date Returned CITY OF KENT CITY C' ERK Iage5870 • 3/05