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HomeMy WebLinkAboutEC15-178 - Original - Jones Lang LaSalle - Riverbend Real Estate & Consulting Services - 05/14/2015 l 1 ecor, s em . KEN T WASHINGTON Document CONTRACT COVER SHEET This is to. be completed by the Contract Manager prior to submission to'City Clerks Office. All portions are to be completed. J If you have questions, please contact City Clerk's Office. Vendor Name: Jones Lang LaSalle i Vendor Number: JD Edwards Number Contract Number: 1 This is assigned by City Clerk's Office Project Name: Consulting Services - Real Estate and Economic Consulting Services for development of 24-acre Riverbend nine hole golf course Description: ❑ Interlocal Agreement ❑ Change Order. ❑ Amendment ® Contract ❑ Other: - Contract Effective Date: 10/23/14 Termination Date:, 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination,or renewal or amendment Contract Manager: Julie Pulliam Department: Economic & Community Development Contract Amount: $24,750 Approval Authority: (CIRCLE ONE) Department Director Mayor ity Council Detail: (i.e. address, location, parcel number,tax id, etc.): As of: 08/27/14 KENT WA S H I N G T O.N CONSULTANT SERVICES AGREEMENT between the City of Kent and Jones Lang LaSalle(]LL) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the -"City"),, and JLL organized under the laws of the State of Washington, located and doing business at 601 Union, Suite 1100,'Seattle, WA 98101. (206) 607-1754 (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 described in Scope of Services,(Exhibit A, Phase I & II 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 Decem�er 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $24,750, 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 sha l be as delineated in Exhibit A. B. The Consultant shall` submit monthly payment invoices to the City for work performed, and a final bill -* upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of 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 B attached and incorporated 'by this reference. IX. EXCHANGE OF `INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information ,supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong-to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or Legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use i 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 F 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 enteringinto or forming a art of or altering in an manner this Agreement. All of the above g P g � Y g 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. 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 KENT: B B Y• � Y (signature) (signature) +� Print Name: b� Pr' t /• Suzette Cooke Its Tfvt'^��1� r' It Mayor (titl ) f DATE: �� t� 15, kL\ DATE NOTICES TO BE SENT TO: NOTICES TO BE"SENT TO: CONSULTANT: CITY OF KENT Robert Hunt Ben Wolters, Director Jones Lang LaSalle (ILL) ` Economic & Community Development Depart. 601 Union, Suite 1100 City of Kent Seattle, WA 98101 220 Fourth Avenue South Kent, WA 98032 206-607-1754 (telephone) (facsimile) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) APPRO ED AS T FOR11 �j Kent Law pepa rnent [In this field,you may enter the electronic filepath where the contract has been saved] 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. Du ring time g the t e 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 siggnin'g below, I agree to fulfill the five requirements referenced above. For: k a Title: ' ► 4 c ' LN Date EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 j 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 past of the Agreement. Contract Compliance; Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS- 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By• For; Title Date: EEO COMPLIANCE DOCUMENTS 3 JLL 601 Union,Suite 1100 Seattle,WA 98101 . tel+1 206 607 1754 Jones Lang LaSalle; 7/29/2014 Mr. Kurt Hanson Mr. Ben Wolters Economic and Community Development Director City of Kent 220 Fourth Avenue South Kent,WA 98032 Re: Proposal for Real Estate and Economic Consulting Services Dear Kurt and Ben We are pleased to submit this proposal to the City of Kent (City) to provide real estate and economic consulting services to assist in the potential development of the 24-acre Riverbend nine hole golf course site. The Scope of Services detailed in this proposal clearly fits well within our team's core capabilities. The'team dedicated to this project is comprised of senior real estate professionals with broad real estate experience in market and financial analysis, including market feasibility studies, real estate valuation analysis, financial structuring, highest and best use analysis and construction. In addition,the team brings extensive experience related to public institutions: i Our team will provide expertise that can assist City in structuring creative real estate and monetization strategies that will best capitalize upon the inherent value of the City's real estate assets. In addition to having the requisite skills, there is an art to taking a project from concept to reality. Our team has a:proven track record of delivering concepts and studies that ultimately result in a successfully executed project, instead of another study gathering dust on the shelf. We are action oriented and look forward to partnering with you to fulfill your goals. We appreciate the opportunity to submit this proposal. If you have an questions regarding our pp pp y p p Y Y q g 9 submission, please contact me at 206-354-1397 or via e-mail at bob.hunt@am.'Il.com. i Sincerely, Bob Hunt Managing Director, Public Institutions 7/29/2014 Page 2 i Section 11 Project Understanding i Jones Lang LaSalle(JLL)will, at a minimum,help the City execute a study rooted to evaluate the economic potential for land development on the 23 acre River Bend golf course parcel. In this study, we will only consider uses that are compatible with the overall development vision`of the City. The goal of this analysis is to assist the City to develop a strong vision and actionable strategy for site development that best addresses City's social and economic development goals. The analysis will consider whole site development scenario that assumes the FAA does not select this site for their regional building and the entire site is available for development. Our, process is designed to logically analyze options for site development in an efficient and iterative process. The result will be tangible and measurable recommendations for development strategies that are viable in the market linked to City's objectives and incorporate priorities and facts uncovered in the study. We will utilize current market data to develop analytical models that identify,analyze,quantify and perform risk analysis on each proposed development scenario to test its feasibility and identify threshold funding requirements. The financial model used for the analysis will be structured such that it can be easily refreshed as market conditions change over time. Once these models are established, JLL will advise City on the returns that can be anticipated for various uses. The,completed study will arm City with the facts necessary to understand the value, timing and risk associated each viable development use. We will also evaluate all likely transaction and partnership structures available to maximize value within the framework of City's goals and risk threshold. As needed and as a separate scope, JLL can assist City in developing and marketing a solicitation for appropriate developers and in the negotiations of subsequent development agreements. 7/29/2014 Page 3 i i Section III— Scope of Services PHASE L:START'UP AND DIS000ERY(ESTIMATED;DURATION 1WEEK� Our first task will be to meet with City representatives to clearly define and understand the project's goals and objectives, learn about key issues and challenges to better inform our next steps. Key Objectives of Phase 1. Establish a working relationship between the City team and the JLL team in a kick-off meeting 2. Review background materials 3. Review unsolicited development proposals received for the site 4. Review massing diagrams previously provided the City for the site 5. Establish a decision-making and approval process and identify key,project milestones 6. Establish a preliminary communication plan and -protocols that addresses internal and external stakeholders and audiences 7. Understand the expectations and priorities of stakeholders, set project goals including the financial and functional objectives of City 8. Discuss resources required, including any additional sub-consultants Phase I Deliverables Summary of preliminary goals and objectives • Roles and responsibilities&Communication plan established • Summary of key issues/opportunities&challenges • Summary of opportunities/risks PHASE 11. HIGHEST AND`BEST.USE STUDY, PREI:IMINARY: PRO.FORMA DEVELOP.MENT.MODEL (EST:. DURATION�4 WEEKS Once the project goals and objectives are identified they will be translated into programmatic I requirements each of the two development scenarios. This will be used to validate the ability to achieve the City's strategic/economic objectives for the site and identify potentials risks. Initial Site Analysis`JLL will assess the property's key characteristics and its associated opportunities and constraints. The objective will be to evaluate the property's development 7/29/2014 Page 4 I i potential and the surrounding market capacity for development. This will involve review of the identified sites'physical characteristics and property information,analysis of local market conditions,review of zoning and building setback requirements,and then identification of the most appropriate development scenarios for the identified sites. Establishment of Base Line Criteria: For each scenario we will identify the range of preferred uses for the site and perform a massing/sizing study to test the area required for development and the overall SF that can be developed based upon zoning and FAR requirements for the site. We will Likely consider alternative site plans to vet out the viability of possible uses.` Market Analysis: We will augment the City's recently completed appraisal of the site with input and analysis from our multifamily, commercial, retail, hotel, and professionals. We will evaluate market viability of the product mix assumptions to determine highest and best use within the parameters of the City's goals: JLL will review the surrounding uses and competitive area developments that may impact the `subject property, including 'inventory, rents and market valuation of comparable and competing properties. This data is aggregated and analyzed to provide a range'of reality. We then provide analytical based commentary to accommodate the sensitivity in the market. City Review At the completion of our market analysis we will make a presentation of the initial findings to City staff to evaluate and receive direction on which development scenario the most appropriate for further analysis. One we have aligned on the scenario to pursue,JLL will perform the following analysis Financial Feasibility Modeling: Based on the results of the market and site analyses,we will build a pro forma model encompassing the results of the market analysis study to forecast the outcomes associated with the potential development strategies. We will use the prior market analysis to project revenues associated with each use and JLL will engage the full abilities of our team to determine development,operational,and financing cost;identify the cash flow expectation for each development scenario;and synthesize inputs into financial models for each site parcel. Final Report and Presentation JLL will incorporate all of the above analysis,findings and recommendations into a written report and will also prepare and deliver a final presentation or City staff and elected officials mom 7/29/2014 Page 5 Phase II Deliverables • Market study to further inform City appraisal • Site massing study • Preliminary development budget • Proforma analysis of preferred development scenarios • Updated comments on site value in relation to the City's recent appraisal • Final Report and Presentation of findings to key stakeholders JLL will represent the City in the disposition of the Riverbend site for the uses approved by the City Council. The brokers assigned to the disposition assignment will include market specialist for the approved uses(multi-family, retail,office,etc.). Services will include, at a minimum,the following: Provide the City with recommendations about any additional site due diligence that may be required in advance of initiating a solicitation process. Developing all marketing materials and solicitation materials Broadly marketing the product locally and regionally to appropriate investors Supporting the City in the solicitation process and in reports to the Council and Mayor • Support the City in negotiations with selected development/investor 601 Union,Suite`1100 JLL Seattle,WA 98101 tel+1 206 607 1754 Jones Lang LaSalle Section III— Pricing 1. Phase I&II Pricing JLL will perform all of the services described in this proposal to complete the Phase l and Phase II analysis for a fee of$24,750,including expenses. 2. Phase III Brokerage Services: JLL will represent the City in the disposition of the Riverbend site for a commission rate of two percent(2%),of the sales price for the site,to be paid upon closing. This fee is contingent on the following assumptions: • JLL will perform local zoning analysis, but assumes the City will provide all site information including title,environmental, utilities and geotechnical • JLL will perform.one site massing study • Assumes in phase 1 &Il,two(2)presentations to City staff and one(1)final presentation to the City Council and Mayor EXHIBIT 6 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 Ansured under the Consultant's Commerda,l General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsll ern`ent CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington: 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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. EXHIBIT 6 (Continued) 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. DATE(MM/DD/YYYY) ACU/20 12/11/2014 `..,� CERTIFICATE OF LIABILITY INSURANCE 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: Aon Risk.Services Central, Inc. PHONE FAX i Chicago IL Office (MC.No.Ext): (866) 283-7122 glc.No.: (800) 363-0105 22 200 East`'Randolph E-MAIL 0 Chicago IL 60601 USA- ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A. RLI Insurance.Company 13056 Jones Lanq Lasalle Americas, Inc. INSURER B: 200`East Randolph Drive Chicago IL 60601 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570056063003 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 ANDCONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS' A X COMMERCIAL GENERAL LIABILITY CGL EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE O R $11 000,000 PREMISES Ea occurrence MED EXP(Any one person) $1,000 PERSONAL&ADV INJURY $1,000,000 p GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 000 POLICY ❑JE 0 ❑X LOC PRODUCTS-COMP/OP AGG $2,000,000 w 0 OTHER: A CGLOO13634 10/01/2014 10/01/2015 COMBINED SINGLE LIMIT `O AUTOMOBILE LIABILITY _ $1 000 000 , , Ea accident ANY AUTO BODILY INJURY(Per person) 0 Z ALL OWNED SCHEDULED BODILY INJURY(Per accident) r AUTOS AUTOS X HIRED AUTOS Ix NON-OWNED PROPERTY DAMAGE V Per accident AUTOS d UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND PER ERH EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/ OFF[ PARTNER/EXECUTIVE E.L.EACH ACCIDENT CER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: City of Kent, 23'acre River Bend Golf Course Parcel, Market analysis, feasibility,' possible and brokerage. City of Kent is included as Additional Insured on General Liability policy as required by written agreement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE`WITH THE POLICY PROVISIONS.` .r - City of Kent AUTHORIZED REPRESENTATIVE Economic and Community Development ] Ken Fourth Avenue South Ken t WA 98032 USA CJL ©1988-2014ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD ACORU® bATE(MM/DD/YYYY) �.- CERTIFICATE OF LIABILITY INSURANCE 12/11/2014 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 I2) certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AOn Risk Services Central, 'Inc. NAME: Chicago IL Office (AIICONNo.Ext): (866) 283-7122 (FAX .No.): 800-363-0105CD 200 East,Randolph E-MAIL C Chicago IL 60601 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A. Lexington Insurance company 19437 Jones Lanq Lasalle Americas, Inc. INSURER B: 200 East Randolph Drive Chicago IL 60601 USA INSURERC: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:570056063031 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. Limits shown are as requested LTR' TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MMIDD/YXYv LIMITS COMMERCIAL GENERAL LIABILITY` EACH OCCURRENCE CLAIMS-MADE ❑OCCUR DAMAGEO D PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PROto - co POLICY ❑JECT ❑LOC PRODUCTS-COMP/OP AGG Lo OTHER: 0a AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per,person) 0 ALL OWNED! SCHEDULED AUTOS AUTOS BODILY INJURY I(Per accident) y �+ PROPERTY DAMAGE NON-OWNED' HIRED AUTOS v AUTOS Per accident ;F d UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND _ EMPLOYERS-LIABILITY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A E&O-PL-Primary 02766SB33 04/01/2014 04/01/2015 Each'Claim $1,000,000 Professional Liability Annual Aggregate $1,000,000 SIR applies per policy terns & conditions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The limits as described above attach over Self-Insured Retentions held by Jones Lang LaSalle. RE: City of Kent; 23 ac're River - Bend Golf Course,Parcel, Market analysis, feasibility, possible and brokerage. IIL-- CERTIFICATE HOLDER CANCELLATION I.�SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE :CANCELLED' BEFORE THE . � EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THEE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE A Economic and Community Development 220 Fourth Avenue South Kent wA 98032'.USA �3r�1,►on i �� �sta�te�lerd a.f� ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I litK 1 II UA 1 t Ur LIAMILI I T INbUKANL;r_ ...._,.....___.--- `-� 1/l/2oi5 12/11/2014 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 LOCKTON COMPANIES NCONTACT AME: 2100 ROSS AVENUE,SUITE 1400 (A/C,PHOM FAX No Ext: aIc No DALLAS TX 75201 E-MAIL 214-969-6700 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Trumbull Insurance Company 27120 INSURED Jones Lang LaSalle Americas,Inc. INSURER B: Twin City Fire Insurance Company 29459 1342065 200 E.Randolph Drive INSURER c Chicago IL 60604 INSURER D INSURER E INSURER F COVERAGES JONLA02 CERTIFICATE NUMBER: 13263580 REVISION NUMBER:,>X=h XX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE_ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/D (MM1DDiYYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE XXXXXXX CLAIMS-MADE❑ PREMISES(Ea occurrence OCCUR NOT APPLICABLE DAMAGE TO RENTED X XXXXXX MED EXP(Anv oneperson) =XXXX PERSONAL&ADV INJURY $'XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXx XXX POLICY D PRO- LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ XX XXXXX NOT APPLICABLE Per person)( P XXXXXXX ANY AUTO BODILY INJURY $ ALL OWNED SCHEDULED ( XXXXXXX AUTOS AUTOS BODILY INJURY Per accident $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ XXXXXXX $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB NOT APPLICABLE CLAIMS-MADE AGGREGATE, $ XXXX= DED. RETENTION$ $ WORKERS COMPENSATION PER OTH- � A AND EMPLOYERS'LIABILITY N 46WNS15500(AOS 1/1/2014 1/1/2015 X STATUTE B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 46WBRS1SS01(WI 1/1/2014 1/l/2015 OFFICER/MEMBER EXCLUDED? 7 N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 If yes;describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT T, 1'000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:City of Kent-23 acre River Bend Golf Course Parcel Market analysis,and feasibility,possible brokerage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE;DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13263580 AUTHORIZED REPRESENTATIVE City of Kent Economic and Community Development 220 Fourth Ave.S. Kent WA 98032 601 ACORD 25(2014101) ©1988-2014 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10224682 LOC#: .4C0 ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Aon Risk services central, Inc: Jones Lang Lasalle Americas, Inc.` POLICY NUMBER see certificate Number: 570056063003 CARRIER NAIC CODE See Certificate Number: 570056063003 [EFFECTIVE DATE'. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TiTLE: Certificate of Liability Insurance cancellation Notice The 'General Liability policy issued by RLI Insurance Company has been endorsed to include the following wording: In the event of cancellation: we will endeavor to give certificate holders thirty (30) days notice of -cancellation via email,: provided that a detailed listing of such certificate holders, including their email address, is received from the Agent or Jones Lang Lasalle within 5 business days of their cancellation of the policy. I i I j i ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD I Policy Number: CGL0013634 - RLI Insurance''Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s): Location(s)Of Covered Operations: All where required As required by contract or agreement J Information require to complete this Schedule, if not shown above,will be shown in the Declarations. A SECTION II -WHO IS AN INSURED is amended to This insurance does not apply to "bodily injury" or include as an additional insured the person(s) or "property damage"occurring after: organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property 1. All work, including 'materials, parts' or equipment damage" or"personal or advertising injury"caused, in furnished in connection ',with such work, on the whole or in part,'by: project (other, than service, maintenance or repairs) to be performed by or on behalf of the 1. Your acts or omissions; or additional insured(s)at the location of the covered operations has been completed; or 2. The acts or omissions of those acting on your behalf; 2. That portion of"your work" out of which the injury or damage arises has been put to.its intended use in the performance of your ongoing operations for the by any person or organization other than another additional insured(s) at the location(s) designated contractor or subcontractor engaged in performing above. operations for a principal as a part of the same project. B. With respect to the insurance afforded to these additional insureds; the following additional exclusions apply: CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Insured 1 I REQUEST, FORM Y®R'S SIG NATURE, t�ENT Please, Fill In°A I Applicable:Boxes III WASHINGrt7N f Routing Information (ALL REQUESTS'.MUST FYRST BE: OUTED THROUGH THE LAW DEPARTMENT) Ori inatorx: Julie;Pulliam Phone Ori inator : x5702 Date` Sent: 10/23/�14 Date, a uired: 10/24/14 I. I Return Si ned Document`to: Julie Pulliam" CONT `CT'-TERMINATION DATE: 1`2/31/14 VENDOR NAME <Jones Lan .:LaSalle `JLL DATE OF COUNCIL APPROVAL.;'N/A ' I Brief Explanation of Docu,rne�nt: Consultant=Services Agreement to ;provide rea > state ands economic consutlting services , to assist-in :the potential development of the 2�4 -acre Riverbend nine Thole golf course 'site. I I A//Contracts Must Be Routed Thr ugh The Law Department � I � 1 I ' (This area to be completed by t e Law Department] I I I � Received�, ' ' I A�pproval�of Law Dept..: � ��� 3r�j(� ' Law Dept..Com'rnents: I I 1 Date Forwarded to Mayor: ��f Shaded Areas To Be Completed B Adm.inistration Staff 4 a M1 r �u G Reco,mrnendat:ons..and,Corr�ments E x , C Y t E 4. .. ..: . .. ::... ��`�p' } , I t I 1 I 1 1 i i i i i i i i I i i i i i i l