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HomeMy WebLinkAboutPK14-197 - Original - McKinstry Essention, LLC - Directed Engineering Study at Riverbend Golf Course - 08/06/2014 itt � I t1 �h CyrMap, ' ' er Y k � KENT "' Ag Document j WA9HIN OTON .r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: McKinstry Essention, LLC Vendor Number: 36972 7D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Directed Engineering Study at Riverbend Golf Course Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 08/18/14 Termination Date: 12/15/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment I Contract Manager: Nancy Clary Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): i I i I S:Public\RecordsManagement\Forms\ContractCover\adcc7832 11/08 � II �O 16 WAS MINGTON CONSULTANT SERVICES AGREUMENT between the City ®f !Cent and cKinstry Essention, LLC i i THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and McKinstry Essention, LLC organized under the laws of the State of Washington, located and doing business at P.O. Box 24567, Seattle, WA 98124, Andrew Williamson, (206) 762-3311 (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: McKinstry Essention, LLC will conduct a Directed Engineering Study at the City of Kent's Riverbend Golf Course, 2019 W. Meeker Street,, Kent, WA 98032, and develop a comprehensive Energy Services Proposal for selected initiatives in accordance with the proposal dated July 16, 2014, which is attached and Incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. Ih 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 within 120 days. III. COMPENSATION. A, The City shall pay the Consultant, based on time and materials, an amount not to exceed $14,602.00, 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. I 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the Invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed, C. The Consultant has an established and independent business that is eligible for a business deduction for federal Income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that Involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business, V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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. 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City, All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the.authority to control and direct the performance and details of.the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT- 3 (Over$10,000) XIS. 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. Cif 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 O�"MNT- f Y _ B ��.~t;; f By: _�-' (signature) / (signature) Print Name: Mp,e,L 3oNc,oQ Print N me: uzette Cooke Its 9 cn>JX vtP—C-CA K - G'oaer-y Tts M or (title) DATE: �30 t 4 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Andrew Williamson Alex Ackley, Facilities Superintendent McKinstry Essention, LLC City of Kent P.O. Box 24567 220 Fourth Avenue South Seattle, WA 98124 Kent, WA 98032 (206) 762-3311 (telephone) (253) 856-5081 (telephone) (206) 762-2624 (facsimile) (253) 856-6080 (facsimile) APPROV/LSD AS TO FORM: r Kent Law Department FIcKUstry_Consu Ito ntSeM0SA9reemelmOverIDk CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically Identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: s! `// aL--- �NHkk 3oNsoaJ For: Cn s�u r�r cs S y i �s 'Gy M�kiNsrR Title: isL- - '7t Ltaa� — cr��2� Y Date: 3 a� 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 c r 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 A AND ��I July 16, 2014 lnsfry !e 0l You�Bulttltnq City of Kent— Riverbend Golf Course HVAC investment Grade Audit Proposal To: Alex Ackley—Facilities Superintendent; David Gilmore—Building Systems Supervisor From: Andrew Williamson—Account Executive; William Pokorny—Program Manager Project: City of Kent—Riverbend Golf Course HVAC Subject: Investment Grade Audit Proposal Alex: The City of Kent has expressed Interest in analyzing and Improving the Infrastructure of their existing facilities through a performance-based contract with McKinstry Essention, Inc. (McKinstry).This letter of intent will provide the guidelines for which McKinstry will provide the I following tasks: 1. Conduct a Directed Engineering Study at the target facility. 2. Develop a comprehensive Energy Services Proposal for selected Initiatives. Proiect Description McKinstry Essentlon(McKlnstry)Is pleased to propose an Investment grade audit proposal for the City of Kent's Riverbend Golf Course.The City Is Interested in Improving its HVAC Infrastructure, electrical connections, and architecture through a performance based contract with McKinstry. This proposal will provide the guidelines for which McKinstry will provide the following tasks: 1. Complete the Investment Grade Audit of the Riverbend Golf Course to analyze and provide a 4-pipe mechanical systems replacement solution for the City of Kent. 2. Develop a comprehensive Energy Services Proposal for the Identified systems and Initiatives.Additional measures will be considered to improve the Department of Commerce energy grant opportunity. 3. Identify a scope, project schedule and financial package for project implementation. 4. Prepare a grant application for the Department of Commerce grant funding's September 186 deadline. The Investment grade effort Is Intended to lead to the Implementation of facility Improvement measures.The study will provide.all the details necessary for Implementation of viable Initiatives detailing all the associated savings, costs, potential utility funding, and return on investment scenarios, as well as loan details(if the City chooses to ask for them) and construction schedules, This study will take advantage of, but not be limited to, the engineering effort from the previous audit at the facility(ESP dated June 10, 2010). This will be a collaborative effort with the City of Kent.The study will be a product of the direction McKinstry receives from the City and it is anticipated that the Information contained in the study will form the basis of a proposal and contracting documents. The specific dellverables associated with the investment grade audit can be found in Attachment A. McKinstry PO BOX 24567 Seattle,WA 98124 Ph: (206)762.3311 Page 2 of 3 Timeline and Milestones McKlnstry will Initiate this scope of work Immediately upon acceptance of this proposal. Formal progress review meetings will be conducted regularly throughout the study phase. During these review meetings, McKinstry will recommend measures based on preliminary analysis,while the City of Kent will provide final direction regarding recommended measures. The goal of these review meetings Is to focus engineering efforts, budgeting, and savings assessment on those measures that possess a high probability for implementation based on client needs and the Department of Commerce grant opportunity. During this time, McKlnstry will provide a detailed measurement and verification plan for the energy savings. The following are proposed milestones: 08/28/2014-Pre-Final meeting to present agreed upon scenario details 09/04/2014-City review and comments/direction given back to McKlnstry 09/11/2014-Final scenario details delivered to City 09/17/2014-Grant application and materials given to the City to submit. 09/18/2014-City submits grant application to the Department of Commerce Criteria for Implementation: It Is the City of Kent's intent that McKinstry will implement all approved projects that meet the project criteria: ➢ The City of Kent has agreed to infuse capital Into the project from facility reserve funding.The City anticipates this funding Is on the order of magnitude of$500,000, ➢ It Is anticipated the City will pursue energy grant funding from the Department of Commerce.This funding Is Intended to cover'/4 of the project costs. ➢ McKlnstry will pursue utility grant funding from Puget Sound Energy. ➢ For Implementation, life cycle cost analysis will prove the project to pay for Itself within the Intended life of the equipment. All fees assessed under this letter of Intent will be Included In the final Implementation costs.In the event that McKinstry Is unable to recommend projects that meet the criteria above, the City of Kent has no further financial obligation to McKinstry. However, If the recommendations meet or exceed the"Criteria for Implementation"(list above), and the City of Kent chooses not to enter Into an agreement with McKinstry to Install the projects, the City will reimburse McKlnstry for its time and expenses not to exceed $14,602. All associated Information, including dellverables,will become the property of the City of Kent upon final receipt of payment. Please signify acceptance of this Letter of Intent by signing below. Letter of Intent Authorized by: City of Kent Andrew Williamson McKinstry- Energy Services Signature Signature Date: Date: McKinstry Co. PO BOX 24567 Seattle, WA 98124 Ph: (206)762-3311 Page 3 of 3 Attachment A Directed Engineering Study Deliverables The Directed Engineering study for the City of Kent Will Include the following elements: 1. A description of the facility and a description of the mechanical and electrical systems which shall receive ESCO Equipment and ESCO Services; 2. The cost effective Facility Improvement Measures(FIMs)to be installed or caused to be Installed by the ESCO and a description of the FIMs analyzed but disqualified under the cost effectiveness criteria; 3. A description of the services that the ESCO will perform or cause to be performed on or in the facility,including but not limited to engineering, construction management, the operations and maintenance procedures for use on ESCO Equipment,training for facility personnel,warranty service provided,and equipment maintenance provided; 4. The Maximum Allowable Project Cost, Itemized In detail, which may be amended to represent actual costs; 5. Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions; 6. The standards of comfort and service appropriate for the facility; 7. The baseline energy consumption for the facility, including the data, methodology and variables used to compute the baseline, and the baseline calendar period which shall not be less than twelve (12) months; 8. The estimated energy savings and energy cost savings that are expected to result from the installation of the ESCO Equipment and from the ESCO Service, and an explanation of the method used to make the estimate; 9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10, A description of how project financing (if required) will be completed; 11. A description of how the Energy Cost Savings will be guaranteed by the ESCO; 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement; 14, The Termination Value for each year during the term of the Energy Services Agreement; 15. The schedule for project completion; 16, The nature and extent of the work and equipment that the ESCO anticipates it will receive from other firms under subcontract McKins"Co, PO BOX 24567 Seattle,WA 98124 Ph: (206)762-3311 EXHIBIT C 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 1185 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 $1,000,000 each occurrence, $2,000,000 general aggregate, EXHIBIT C (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 A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, Including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as Insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. MCKICO.-01 KRHEA CERTIFICATE OF LIABILITY INSURANCE DAT/241201Y YY) 724/2014 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(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 endorsement(s), PRODUCER CONTACT '. NAME; HUB International Northwest LLC PHONE FA7�' 12100 NE 195th SL Arc No Em:(425)489-4500 rArc No):(425)485-8489 Suite 200 E-MA L Bothell,WA 98011 ADDRESS: INSURER(S)AFFORDING COVERAGE NATO INSURERA:The Travelers Indemnity Compan 25658 INSURED INSURER B:The Travelers Property Casualty Insurance Company of America 25674 McKinstry Essention,LLC INSURERc: I PO Box 24567 INSURER D: Seattle,WA 98124.0567 INSURER E: _ . INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE POLICY NUMBER MWDp EFF MWOPOLID EXP LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENC"$ 2,000,00 000,00CLAIMS-MADE �OCCUR VTC2KC056438901IND14 01/31/2014 01/31/2015 pREMISE6 Ea oceurt300,00X WA Stop Gap MED EXP(Any one p10,00PERSONAL&ADV IN00,00GENT.AGGREGATE LIMIT APPLIES PER: GENERALAGGREGA00,00POLICY N fEO LOG PRODUCTS-COMPJ00,00OTHER:AUTOMOBILE LIABILITY COMBINED SI dGLE O accment00.00 B X ANY AUTO VT C2JCAP5643B913TIL14 01131/2014 01/3112015 BODILY INJURY(For person) $ ALL OWNED SCHEDULED BODILY INJURY{Per acdtlent $ AUTOS AUTOS ) NON-OWNED PROPERTY DAMAGE ' HIRED AUTOS AUTOS Peraccident s UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEC) RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE X Eft A ANY PROPRIETORMARTNERIEXECUTIVE VTC2KC0564389011ND14 01131/2014 01131/2015 E.L.EACH ACCIDENT $ 1,000,00 OFFICERMIEMBER EXCLUDED? NJA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,descdbe under s DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES(ACORD 101,Additional Remarks Schedule,maybe aaached if more space is required) RE:CITY OF KENT RIVERBEND GOLF COURSE DES ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: CITY OF KENT.COVERAGE IS PRIMARY&NON-CONTRIBUTORY.COMPLETED OPERATIONS APPLIES.SEE ATTACHED ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:ALEX ACKLEY ACCORDANCE WITH THE POLICY PROVISIONS. 220 FOURTH AVENUE SOUTH Kent,WA 98032 AUTHORIZED REPRESENTATIVE I ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Policy No.: VTC2KC05643B901IND14 COMMERCIAL GENERAL LIABILITY Issue Date: 01-31-14 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional In- to Include any person or organization that you sured does not apply to "bodily Injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring Insurance" specifically requires you "property damage"or"personal Injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is Insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The Insurance provided to the additional insured 2. The insurance provided to the additional Insured by this endorsement Is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown In the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the 'Written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance Is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance, for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply "bodil injury", the additional Insured by this endorsement still is pp y to y j �" prop excess over any valid and collectible "other in- arty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- I. The preparing, approving, or failing to ante". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- !I. Supervisory, Inspection, architectural or rence" or an offense which may result In a claim. To the extent possible, such notice engineering activities, should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional Insured for a loss we il. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the Insur- ance provided to the additional insured by !it. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional Insured, the additional Insured above. must: 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means U. Notify us as soon as practicable. that part of any written contract or agreement The additional Ensured must see to it that we under which you are required to Include a person or organization as an additional In- receive written notice of the claim or"suit"as sured on this Coverage Part, provided that soon as practicable, the "bodily Injury" and "property damage" oc- c) The additional Insured must immediately curs and the "personal injury"Is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect;and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. I I I j I �I Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 City of Kent Business License \ZOOOOKENT WA6NINUT OM '., MCKINSTRY ESSENTION INC PO BOX 24567 SEATILE,WA 98124 Please tear at perforation ---------...._ ------------------- .. ----- -.—_-_-_..- . dcs BUSINESS LICENSE ----- Per ROW x most ded and use tax must ho coded LICENSE.MUST BE RENEWED ANNUALLY BY No. 1715 for all qunli5ed ,///,M,�• JANUARY 31 TO AVOID PENALTY sales within the city of 1r/ T Issuance oCLicense Does Not Lnply Licensee's Kent w A s n I N a T o N Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 20—14 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRE$8 OF BUSINESS ' BLOC-2100597 MCKINSTRY MENTION LLC MAYOR 5005 3RD AVE S The City of Kent SEATTLE,WA 98134 Ao2204THAmso , e:aN'WASHIN6'MN PM31