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EC14-134 - Original - ESM Consulting Engineers, Inc. - Kent East Hill Shops Marketing Package Assistance - 05/28/2014
��pp it Records M #04 eme' ;$ KENT4r4 WASH INOTGH i PY j# •.• Document spa , 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: ESM Consulting Englneers Inc JD Edwards Number Contract Number: ftb 14 r' 064 This is assigned by Deputy City Clerk Description: 2014 Consultant Service Agreement Detail: Marketing Package Assistance Project Name: Kent East Hill Shops Facility Property Contract Effective Date: 5/28/14Termination Date: 9/30/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kurt Hanson Department: ECD/Econ Development I Abstract: S:Publlc\RecordsManagement\forms\ContractCover\ADCL7832 07/02 ET Wi.L HIN6'.oN � CONSULTANT SERVICES AGREEMENT between the City of Kent and ESM Consulting Engineers Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ESM Consulting Engineers LLC organized under the laws of the State of Washington , located and doing business at 33400 8tt' Ave S #205, Federal Way, WA 98003, 253-868-6113 (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: As detailed in Exhibit A Scope of Professional Services 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 September 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed 5,000.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I 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 B. B. The Consultant shall submit Monthiy 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 SERVICES AGREEMENT - 1 (Under$10,000) 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) 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. 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. OWNIERSHIP 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 shalt take all necessary precautions and shall be responsible for the safety of its employees, agents, and I CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) i I 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. 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. CONSULTANT SERVICES AGREEMENT- 4 (Under$I0,000) 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. J. 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 €CENT: i ' il � ,,� (signature) (signature) Print Name: EPAL G L��F. Print Name: Ben Wolters Its: & !Fa-u�ipe, t Its: Econ. & Community Development DATE: 6,71EcA (title) bepartmen Dire c o or p DATE: T )-�3 `/ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF SCENT: Eric G. LaBrie AICP Kurt Hanson ESM Consulting Engineers LLC City of Kent 33400 81h Ave S. #205 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 i (253) 856-5706 (telephone) 253-838-6113 (telephone) (253) 253-6454 (facsimile) 253-838-7104 facsimile CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) II CITY OF KENT ADMINISTRATIVE POLICY ill 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 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. ni By: 6stat For: &_�. CQOI ...1"[Ae- JZNUd Xy& L ,C- Title: 1rtsAtr Date: EEO COMPLIANCE DOCUMENTS - i 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 compiled 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 1 BE L. ® 0w May 5,2014 Job No.9998-002-046 City of Kent c/o Mr.Ty Pendergraft Coldwell Banker Commercial, Danforth 33313 lad Way South Federal Way,WA 98003 RE: Kent East HIII Shops Facility Property Proposal for Professional Consulting Services Dear Ty: It was great getting together with you and discussing how ESM can assist you in serving the City of Kent in their attempt to dispose of the Kent East HIII Shops Facility property located at the intersection of SE 248th Street and 120 Ave SE. We understand that one of the tasks you have been charged with Is helping the City maximize the value of this property while meeting the City's desired vision, goals and objectives of providing an up- scale, "executive housing"type development This is a unique opportunity, and one that we are very excited about ESM has the experience, knowledge and creativity necessary to help you meet this challenge,and we are excited to begin work with you on this project BACKGROUND AND ASSUMPTIONS The following list of background information and assumptions has been used to develop the scope of work and fees for this proposal: 1. We understand that this project Is confidential and we will treat It as such until you let us know otherwise, 2. The client will provide an electronic copy of the current site data (utility locations,topography,etc)for our use In preparing exhibits. 3. The local agencies governing this project are the City of Kent and Solos Creek Water and Sewer District 4. The City will rely upon a Development Agreement in order guide the projects design. This Development Agreement will govern the site design elements rather than the City's current zoning and development standards. Should the foregoing information and assumptions change,we reserve the right to adjust the proposed scope of work and fees. ESM Federal Way ESM Everest L9vii Enill0eering [and Planning 33400811h Ave S,Ste 385 10105E Eeaett Mail Wry,Ste 210 Federal Way,WA 98003 EOare0,WA98109 Land 5owayine Landscap<Architectwe 253.838.6113 tat 425,797.9900tet 30 laser Scanning el5 800.349,5694 toll free 900.145.5694 tall free 253.838.7104fax 475,197.9901fax VAMOSMCI O'com Mr.Ty Pendergraft May 5,2014 Page 2 SCOPE OF PROFESSIONAL SERVICES Task No 1 - Marketing Package Assistance In an effort to assist the client In assembling a marketing package for the property, ESM will accomplish the following tasks: 1. Visit the site to verify obvious constraints and potential problem areas. 2. Review existing and proposed transportation plans, utility services, and other design constraints that will have an Impact on the design and layout of the project 3. Meet with the City to identify potential design amenities, development constraints, and general development standards. 4. Prepare a rough, hand-drawn conceptual site plan based upon available site data for client review and comment 5. Prepare a final conceptual site plan taking Into account client feedback and any additional development constraints. The final conceptual site plan will Include rough dimensions, road cross sections, conceptual grading,site statistics,etc. 6. Prepare a colorized version of the final conceptual site plan and Incorporate an aerial photograph to provide more context to the plan and surrounding properties. 7. Prepare and host an electronic FfP/CCS site as a repository for final marketing plan documents. The site will require a login and password to access the documents, which may be distributed to Interested parties. ESM will also scan hard copies as requested if electronic versions are not readily available. The client should be aware that the deliverable is conceptual In nature,and there may be changes to the project due to environmental mitigations, field survey, final engineering design, and other like circumstances that may become apparent as the development process moves forward, We are proposing the final deliverable be based upon a hand-drawn site plan. As an option,we can convert this drawing to AutoCAD if the client prefers the look and accuracy of an electronic site plan. We have enclosed various samples showing differing levels of detail for you to determine what might work best for this project. Task No 2.On-Call Coordination and Aseleftnce It is likely that the client will require additional assistance In completing the entire scope of work requested by the City. To that end, ESM is offering this additional task in order to provide assistance on an On-Call, and As-Needed basis. We envision some additional services may Include the following: i� 1. Additional meetings with various city department staff, Including public works, planning,transportation,water,parks,etc. 2. Meetings with Soos Creek Water and Sewer District 3, Preparation of supporting documents for the marketing packet 4. Assistance with the draft Development Agreement Mr.Ty Penderg raft May 5,2014 Page 3 5. Preparation of an engineers estimate of cost or quantity take-off. 6. Scan and store additional documents prepared by others to be hosted on our FfP/CCS site. These services will only be provided upon specific request by the client FEE SUMMARY ESM will accomplish the above described scope of services on a time and materials basis,with estimated fees as summarized below; Task No. 1 -Marketing Package Assistance(T&M) $3,400.00 Task No.2-On-Call Coordination and Assistance(T&M).........m,$1,50D.00 TOTAL(estimated)......-...........m_ _.. .........................................-,$4,go0.00 Task 1 Option-AutoCAD Conversion(T&M) $ 1,000.00 NOTE: Fees quoted above do not include reimbursable expenses. Relmbureables should be estimated at approximately 5% of the total fees for budgeting purposes. Scope items to be billed on a time and materials basis are considered too broad to define an exact level of effort at this time. ESM will bill against these budgets as necessary and will not exceed the budgets without further notification to the client However, the amount owed will be the actual fees and costs generated rather than a budgeted amount INVOICING AND PAYMENT ESM typically invoices projects on the 25th of each month. This date can be adjusted at the client's request to better fit the clients review and payment schedule, Invoices are due upon receipt A sample Invoice is attached to this proposal for review. If the client requires a different Invoicing format, ESM must be Informed at the time of contract execution. In the event that any items are disputed by the client on a particular invoice, the remaining non-disputed portion of the invoice is still due upon receipt The disputed items must be brought to ESM's attention immediately, so that the items In question can be addressed. ESM makes every effort to address any questions and concerns regarding billing in a timely manner. However, should payment become delayed beyond 60 days of the invoice date, ESM will Inform the client In writing that work on the project will be suspended until the account is brought up to date, The cllent Is required to bill the City of Kent promptly and Include ESM's Invoices, or Invoiced amounts, with each prime Invoice. Prime consultant agrees to pay ESM within five (5)days of the prime's receipt of payment from the client 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 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 it 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. I 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, $2,000,000general EXHIBIT B (Continued) 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. 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 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. aco CERTIFICATE OF LIABILITY INSURANCE 'MM'°°""Y" 5/27/27/2014 I 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. L. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 . '.. PRODUCER CONTACT NAME: Melanie Kelly Servco Pacific Insurance ac°NN EKI:206-216-4138 uc Nu:206-260-2903 1100 Dexter Ave. N. MIL Ste 220 ADOREss:melanies�rvcocacifiacom Seattle WA 98109 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:R L rannoS Company INSURED 685 INSURERS:Continental Casualty Company. .. _. ESM Consulting Engineers, LLC INSURERC: 33400 8th Ave S. INSURERD: Suite 205 Federal Way WA 98003 INSURERE INSURER F COVERAGES CERTIFICATE NUMBER:965154048 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLPOLICY EFF POLICY E%P LTR TYPE OF INSURANCE VD POLICY NUMBER MM)DDNYYY) (MMIDONYYYI LIMITS A GENERAL LIABILITY Y PSB0001798 10/16/2013 0/16/2014 EACH OCCURRENCE $1,000,000 x DAMAGE TO RE TED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000000 CLAIMS MADEIT]OCCUR MEO EXP(An one eraon) $10,000 x WA Stop Gap PERSONAL&ADV INJURY $1,000,000 GENERALAGGREGATE $2,000000 OF AGGREGATELIM ITAPPLIESPER: PRODUCTS-COMP/OP AGO $2,000,000 POLICY X PRO- LOC $ li IFCT A AUTOMOBILE LIABILITY Y PSA00001333 I10/16/2013 0/16/2014 COMBINED $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X- "i.AUTOSSCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIREDAUTOS X NON-OWNED PeOPE tlenf DAMAGE $ AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ A WORKERS COMPENSATION PSBOD01798 0/16/2013 0/16/2014 X WCSTATULIT OTH-E P WAStO GaP AND EMPLOYERS'LIABILITY V ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000.000 B Professional Liability EH-006066788 10/16/2013 0/16/2014 $1,000,000 Per Claim and Pollution Liability $1.000,000 Aggregate $100,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD lot,Additional Remarks Schedule,if more space is required) Re: Job#1819-001-014, City of Kent- East Hill Shops. City of Kent is included as an additional insured on General Liability and Automobile Liability policies per the attached endorsements. General Liability and Automobile Liability policies are primary and non contributory. CERTIFICATE HOLDER CANCELLATION i 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 400 West GOWe AUTHORIZED REPRESENTATIVE I Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD I Policy Number: PS80001798 RLI Insurance Company Named Insured: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPack* FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the following; BUSINESSOW NERS COVERAGE FORM-SECTION II—LIABILITY 1. C. WHO IS AN INSURED Is amended to Include as additional Insured under this pollcy must apply on a an additional insured any person or organization that primary baels, or a primary and non-contrlbutory you agree In a contract or agreement requiring basis, this Insurance Is primary to other Insurance Insurance to Include as an additional Insured on this that Is available to such additional insured which policy, but only with respect to liability for °bodily covers such additional Insured so a named Insured, Injury", "properly damage' or "personal and end we will not share with that othef Insurance, advertising Injury" caused In whole or In part by you provided that; or those acting on your behalf a. The 'bodilyu InJ rY" or 'properly damage" for a. In the performance at your ongoing operations; which coverage Is sought occurs after you have b. In connection with premises owned by or rented entered Into that contract or agreement;or to you;or 6. The "personal and advertising Injury' for which o. In connection with 'your work" and Included coverage Is sought arias* out of an offense within the "product-completed operations committed after you have entered Into that hazard", contract or agreement. 2. The Insurance provided to the additional Insured by 4. The following i* added to SECTION Ill K 2. this endorsement is limited as follows: Transfer at Rights of Recovery Against others to Us — COMMON POLICY CONDITIONS (BUT a, This Insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 — any pareon or organization for which coverage LIABILITY) as an additional Insured speclHoally is added by We waive any rights of recovery we may have another endorsement to Ihle policy, against any person or organization because of b. This Insurance does not apply to the rendering payments we make for "bodily Injury", 'property of or failure to render any "professional damage" or"personal and advertising Injury" adeing services". out of 'your work' performed by you, or on your d. This endorsement does not Increase any of the behalf, under a contract or agreement with that limits of Insurance stated In D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance, where you have agreed to do so as part of a contract or agreement with such person or J. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS Injury"or"property damage"occurs,or the"personal (BUT APPLICABLE ONLY TO SECTION It — and advertising Injury"offense Is committed. LIABILITY) However, If you specifically agree in a contract or agreement that the Insurance provided to an I ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. I' PPS 304 OB 10 Page 1 of 1 II I ICI I I Polloy Number. PSA00001333 RLI Insurenoe Company Named Insured: I THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPack& BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED SY THIS ENDORSEMENT A. Broad Form Named Insured S. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. 'Employee Hired Autos F. Follow Employee Coverage G. Auto Loan lease Gap Coverage H. Glass Repair—Waiver Of Doduotlble I. Personal Effects Coverage ' J. Hired Auto Phyalcal Damage Coverage K. Hired Auto Physioal Damage—Lose Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily injury Definition—Mental Anguish O. 'Alrbag Ooverage P. Amended Insured Contmat Deflnithm—Railroad Easement G. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Produotlon Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. TOW149Coverage PPA 300 03 11 Page 1 of 5 This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FOPM A. Broad Form Nernst!Insured We waive any right Of recovery we may have against The following Is added to the SECTION II — any person or organization to the extent required of LIABILITY Coverage, Paragraph A.I. Who Is An You by a contract executed prior to any accident"or Insured Provision: loss", provided that the ecotdenf or loae" adsoa out of the operations Contemplated by such contract, Any business entity newly acquired or formed by you The waiver applies only to the person or during the poltoy period, provided you own fifty organization designated in such contract. percent(50%)or more of the business entity and the E. Employee Hired Autos business entity is not separately Insured far Business Auto Coverage. Coverage Is extended up 1. The following Is added to the SECTION II — to a maximum of one hundred eighty (180) days LIABILITY COVERAGE, Paragraph A.I. Who following the acquisition or formation of the business Is An Insured Provision: entity. An 'employee" of yours Is an 'Insured' while This provision does not apply to any person or operating an 'auto' hired or rented under a organization for which coverage Is excluded by contract or agreement In that "employee's" endorsement. norm, with your permission, while performing. B. Employees As insured$ duties related to the conduct of your business. The following Is added to the SECTION 11 — 2. Changes In General Conditions: LIABILITY COVERAGE, Paragraph A.1.Who Is An Paraggraph 6.b. of the Other Insurance Insured Provision Condition In the BUSINESS AUTO Any"employee"of yours Is an "Insured"while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow In following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, C. Blanket Additional Insured the following are deemed to be covered autos you own: The following Is added to the SECTION 'If _ LIABILITY COVERAGE,Paragraph A.I.Who Is An (1) Any covered"auto" you tease,hire, rent Insured Provision: or borrow;and (2) Any covered "auto" hired or rented by Any person n additional rgan organization I that you are required to your employee" under a contract in that form In as an addllioa r Insured at this coved by Individual °employee's' name, with your form In a contract or agreement that is executed by you before the "bodily injury' or "property damage" permissiont while performing duties occurs is an 'Insured"for liability coverage, but only rel lated to the conduct of your However, auto that Is leased, , for damages to which this insurance applies andany only to the extent that person or organization not rented ted borrowed with a driver le qualities as an 'insured" under the Who Is An not a covered'auto'. Insured provision contained In SECTION li — F. Fellow Employee Coverage LIABILITY COVERAGE, SECTION 11 — LIABILITY COVERAGE, Exclusion The Insurance provided to the additional insured will BA. does not apply If you have workers be on a primary and non-Contributory basis to the compensation Insurance In-force covering all of your additional Insured's own business auto coverage if employees. ,you are required to do so In a contract or agreement G. Auto Lean Lease Gap Coverage that Is executed by you before the"bocilly Injury" or "property damage"occurs. SECTION III—PHYSICAL DAMAGE COVERAGE, D, Blanket Waiver Of subrogation C. Limit Of Insurance, Is amended by the addition of the following: The following Is added to the SECTION IV —BUSINESS AUTO CONDITIONS, A. Lose In the event of a total "lose" to a covered "auto" Conditions, S. Transfer Of Rights Of Recovery shown In the Schedule of Declarations, we will pay Against Others To Use any unpaid amount due on the lease or loan for a covered 'auto ,less: PPA 300 03 11 Page 2 of 6 I I i 1. The amount paid under the PHYSICAL (b) The actual cash value of the damaged DAMAGE COVERAGE section of the policy; or stolen property as of the time of the and "loss":or 2. Any: (a) The cost of repairing or replacing the '... a. Overdue leaeolloan payments at the time of damaged or stolen property with other the loss"; property of like kind and quality. b. Financial penalties Imposed under a lease (2) An adjustment for depreciation and physical for excessive use, abnormal wear and tear condition will be made In the event of a total or high missile. lose, c. Security deposits not returned by the lessor; (3) If a repair or replacement results In better then like kind or quality, we will not pay for d. Costs for extended warranties, Credit Ufa the betterment, Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical end Damage deductible applicable to any owned auto will apply. a. Carry-over balances from previous loans or leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any 'auto" that Is hired, rented or borrowed with a driver,or SECTION III —PHYSICAL DAMAGE COVERAGE, (b) Any 'auto" that Is hired, rented or D.Deductible Is amended by adding the following: borrowed from your"employee" No deductible for a covered"auto"will apply to aces. K. Hired Auto Physical Damage—Loss Of Use damage it the glees Is repaired rather than replaced. 1. Personal Effects Coverage The following Is added to SECTION 11—LIABILITY COVERAGE,A.2.Coverage Extensions: The following Is added to SECTION III—PHYSICAL e, We will pay sums which you legally must pay to DAMAGE COVERAGE,A. Coverage,4. Coverage the lessor of a covered "auto" which you have Extensions: leased without a driver for thirty(30)days or less a. Personal Effects Coverage for the lassoes loss of use of the covered"auto", In the event of a total theft loss of your covered provided: "auto we will pay up to$400 for"loss"to wearing (1) This Insurance provides comprehensive, apparel and other personal effects which are: epecifled causes of lose or collision covered (1) Owned by an"Insured";and on the covered would"; (2) In or on your covered"auto"; (2) The loss of use results from the covered "auto"being damaged In an'accident"while No deductible applies to Personal Effects you are ieasingit, Coverage. We will pay up to a maximum limit of$1,500 for J. Hired Auto Physical Damage Coverage this covered extension. The following Is added to SECTION III—PHYSICAL L. Hired Car—Worldwide Coverage DAMAGE COVERAGE,A.Coverage, 4. Coverage The following to added to SECTION 11—LIABILITY Extensions: COVERAGE;A.2.Coverage Extensions: d. Hired Auto Physical Damage Coverage f, Hired Car—Woddwlde Coverage If hired "autos" are covered "autos" for Liability (1) We will pay all sums an "Insured" legally Coverage and this policy also provides Physical ages because of "bodily a d y as m Damage Coverage for an owned'auto,then the Injury"must pay a damrty damage" to which this Physical Damage Cove Is extended to Insurance applies, caused by an "acolderdw "autos" that you hire, rentt or or borrow subject to which occurs outside of the United Slates of the following: America, the territories end possessions df (1) The most we will pay for aloes" In any one the United States of America, Puerto Ric "accident" to a hired, rented or borrowed and Canada resulting from the maintenance, 'auto"is the lesser ofl or use of any covered aauto" of the private (a) $50,000 passenger type you lease, hire, rent or borrow without a driver for thirty(30)days or less. PPA 300 0311 Page 3 of 6 i (2) With respect to any claim made or "sull" (5) fie Insurance provided by this coverage Instituted outside the United States of extension Is excess over any other America, the territories and possessions of collectible Insurance available to you the United States of America, Puerto Rlco, whether on a primary, excess contingent or and Canada, any other baste. (a) You shall undertake the Investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III - PHYSICAL DAMAGE COVERAGE, and "oulta" and keep us advised of all AA. Coverage 6xtertefane, subparagraph a. proceedings and acllane. Transportation Expenses Is deleted and replaced (b) You will not make any settlement by the following: without our consent, a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of$1,600 for (1) For the amount of damages be- temporary transportation expense Incurred cause of IlablIky, Imposed upon you by you because of Physical Damage to a by law on account of"bodIV Injury" coverage"auto". or °property damage" to which this (2) We will pay only for those covered "autos' Insurance applies,and for which you carry Comprehensive, (II) For all reasonable expenses Incur- Collision or Specified Case of Loss red with our consent In connection Coverage. with the Investigation, settlement or (3) We will pay only for those expenses incurred defense of such rexpenses claims or "suite, by you during the period of time that begins pat of t Reimbursement for expenses will be twenty-four (24) hours after the covered part of the ageLim of Insurance for 'lose" and ends at the time when the liability coverage shown In the lions• covered 'auto" can be reasonable repaired ands Auto Coverage Declarations, and not In addition to such limits. or replaced. (3) The limit of Insurance for liability Coverage (4) This coverage does hot apply while there shown In the Business Auto Coverage are spare or reserve autos avallable to you Declarations Is the most we will reimburse for your operations, you for the sum of all damages Imposed on N. Amended Bodily Injury Definition — Mental you, as set forth in paragraph 2,c. above, Anguish and all expenses Incurred by you anteing out The following Is added to SECTION V — of any single"accident"or"loss". DEFINITIONS,Daflnitlon C.; (4) You must maintain the greater of the *Bodily Injury"also Includes mental anguish,but only following primary auto liability Insurance limits: when the mental anguish arises from other bodily Injury,sickness or disease. � (a) Compulsory admitted Insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the jurisdiction The following Is added to SECTION III—PHYSICAL where the accident occurs;or DAMAGE COVERAGE 0,Exclusions&a.: (b) Insurance limits required by law and However, this exclusion will not only to accidental issued by a government entity or by an discharge of an alrbag due to mechanical or Insurer licensed or permitted by law to eleokloal breakdown. do business In the jurisdiction where the accidentt"ooccurs;or P. Amended Insured Contract Definition -Railroad (a) Auto liability insurance limits of at least Easement $300,000 combined single limit or SECTION V— DEFINITIONS paragraph H. "Insured $100,000 per personl$300,000 per acci- oordact"Is modified as follows: dent Bodily Injury, $100,0o0 Property Damage. 1. Paragraph H.3.Is replaced by the following: 3. Any easement or Iloense agreement. If you fall to comply with the above, this 2. paragraph H.B,a.le deleted Insurance Is not Invalidated. However, In , i the event of a"Iosa",we will pay only to the extent that we would have boon liable had you so compiled. PPA 300 0311 Page 4 of 5 I 0. Coverage Extensions— Audlo, Visual And Date "lose"applies only when the %coldem" or°loss" Electronic Equlpmsru•Not Designed Safety For Is known to: The production Of Sound SECTION III — PHYSICAL DAMAGE COVERAGE (1) You, If you are an Individual; B. Exclusions,exception paragraph a.to exclusion (2) A Renner if you are a a partnership;or 4.c. and 4.d. Is deleted and replaced with the (a) An executive officer or Insurance manager,N following: you are a corporation. a. Equipment and accessories used with such S. Unintentional Errors Or Omissions equipment, except for tapes, records, dlsca or SECTION IV—BUSINESS AUTO CONDITIONS,B. other electronic media device, tailed provided such the general Conditions; 2. Concealment Mls re- covered equipment to at the lime installed In the covered °auto" at the time of the "bee" or le sentatinn Or Fraud is emended by adding the removable from the housing unit which Is following: permanently Installed In the covered 'auto" at The unintentional omission of, or unintentional error the time of the `loss", and such equipment Is In, any Information given by you shalt not prejudice designed to be solely operated by use of the your rights under this Insurance. However this pro- power from the "autos" electrical system, In or vision does not affect our right to collect additional upon the covered"autos";or premium or exercise our right of cancellation or R. Notice Of An Knowledge Of Occurrence nonrenewal. SECTION Iv — BUSINESS AUTO CONDITIONS, T. Towing Coverage A.2. Duties In The Event Of Accident, Claim Suit SECTION III — PHYSICAL DAMAGE COVERAGE, Or Loss, subparagraph a, la deleted and replaced A.2. Towing, Is deleted and replaced by the with the following: following: a. In the event of"accident", claim, "suit"or lose, 2. We will pay up to $750 for towing and labor you must give us or our authorized costs Incurred each time a covered "auto" Is representative prompt notice of the"aooldem"or dteablsd due to a covered cause of lose. "Ices"Including: However. (1) How, when *and where the "accident' or a. All labor must be performed at the place of °lose"occurred; disablement;and (2) The"Insured's"name and address;and It. If the covered auto is a private passenger (3) To the extent possible, the names and type no deductible applies;and addresses of any Injured person and c. If the covered auto is not of the private witnesses, passenger type our obligation to pay will be Your duty to give us or our authorized reduced by a $250 deductible per representative prompt notice of the"accident"or disablement, I ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. ill PPA 300 03 11 Page 5 of 6