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PK17-158 - Original - Mackenzine Engineering Inc - Contract - 03/31/17
KENT 011 ��� Document WA9HINGTOX / ���/./, 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: Mackenzie Enoineerinq Inc. Vendor Number: 865036 JD Edwards Number Contract Number: VK1-' IV)S This is assigned by City Clerk's Office Project Name: City of Kent Public Works/Parks Dept. - Parks Site Test Fit I Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑ Other: Contract Effective Date: 03/31/2017 Termination Date: 06/30/2017 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garin Lee Department: Parks Operations Contract Amount: $ 9630.00 Approval Authority: X❑ Department Superintendent ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Project management and coordination services for the site test fit for the City of Kent Public Works/Parks Dept. As of: 08/27/14 ``►-�" KEN T CONSULTANT SERVICES AGREEMENT between the City of Kent and Mackenzie Engineering Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mackenzie Engineering Inc., organized under the laws of the State of Oregon, located and doing business at 1515 SE Water Ave. #100, Portland, OR 97214; Phone: 503-224-9560, Brett Hanson, Phone: 206-749-9993, 503-679-4006 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The addition of project management and coordination services by Mackenzie and cost estimating services by Cumming Inc. in accordance with Cumming Inc.'s proposal dated July 21, 2016 (Attachment A). Service to provide high level conceptual construction cost analysis for the preferrred site test fit option as identified in the report dated July 1, 2016 (Attachment B) attached 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. 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 June 30, 2017 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed NINE THOUSAND SIX HUNDRED THIRTY DOLLARS AND 00 CENTS ($9,630.00), 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 C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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, 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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. Recciable 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 Dasts and'Goyerning 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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. Assl_nmen . Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email• This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF ENT By By:____- -- i_n ore) signature) Print Name:_ Print Name„ Garin Lee Its: Ao.0cwro. P'14�1V61 A.l. Its: Superintendent, (titre) Parks Operations DATE: $ • L14 DATE: 3 1w�1 / �7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Brett Hanson, Garin Lee Associate Principal/Branch Manager-Seattle Superintendent, Parks Operations Mackenzie City of Kent Logan Building 220 Fourth Avenue South 500 Union Street #545 Kent, WA 98032 Seattle, WA 98101 (253) 856-5131 (telephone) (206) 749-9993 or (253) 856-6120 (facsimile) (503) 679-4006 (telephone) (206) 749-5565 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 1, 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: _....,.,_ For. .-_ ...__ m......... _ - _h --------- --------- Title, o Ck&rf. PtylNot &v - _ . . ............. ._._.__. Date:_ o 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 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 DESIGN DRIVEN I CLIENT FOCUSED I ADDITIONAL SERVICES AGREEMENT I December 13, 2016 I City of Kent Attention: Garin Lee 400 West Gowe Street Kent, WA 98032 RE: City of Kent Public Works/Parks Dept. -Parks Site Test Fit Project Number 2130368.01 Dear Garin: In accordance with our recent discussion, we will perform the tasks outlined below for subject project. It is agreed that these tasks will be provided as Additional Services in accordance with our original agreement for this project, dated March 30, 2016. Scope of services to include the addition of project management and coordination services by Mackenzie and cost estimating services by Cumming Inc. in accordance with Cumming Inc.'s proposal dated July 21, 2016 (Attachment A). Services to provided high level conceptual construction cost analysis for the preferred site test fit option as identified in the report dated July 1, 2016 (Attachment B). Exclusions: • Soils investigation/testing and related specifications • Environmental review Traffic analysis Land survey,topographic survey,tree survey, or metes and bounds descriptions and related specifications • Sensitive lands requirements • Offsite improvements(such as roads and utilities) Our fees for the services outlined above will be billed on an hourly basis in accordance with the attached Hourly Billing Rate Schedule and will not exceed a guaranteed maximum of $9,630. This increases the total contract amount for this project from $7,220 to$16,850. All other provisions of our original agreement for this project apply to these services. 206 749.9993 - 206 749 5565 MCKNZE COM Loaan Building, 00 Union Street 4545 Seattle WA 98101 ME I'l �_� v., . i. .iii . . .i . . H\Projects\213036801\6_Final\CON-City of Kent-GroJecY Management and Coor dlnaClon-AMServe-161213,do,x Additional Services Agreement Project Number 2130368.01 December 13, 2016 Page 2 Please confirm your approval by signing in the space provided below and returning a copy of this letter. If you have any questions, please call. MACKENZIE OWNER By ret '. Hat o SeniorAsso 9a Title: Enclosures: Cumming Inc.'s proposal dated July 21, 2016 (Attachment A) Report dated July 1, 2016(Attachment B) Hourly Billing Rate Schedule c: Accounting Department H:AProjects\213o36801V6_FmolACONT-Gty of Kent-Project Management and Coordi0000n Ad dSe,vc 161213_docx Attachment A 2° U M M I N G 'arihhaoenue S20 Fifth 24 Seattle,WA 98101 Building Value Through Expertise Phone 2%224 2899 July 21", 2016 Brett Hanson, AIA LEED AP, GGP Senior Associate Seattle Branch Manager Mackenzie Logan Building 500 Union Street, Suite 545 Seattle, WA 98101 Kent Public Works—Parks Department Conceptual Cost Analysis Cost Management Services/ 16-1617 Dear Brett, Thank you again for the opportunity to put our team forward for your consideration for the above project. We have prepared the following outline on our understanding of the project and an overview of our recommended course of action with regards to cost management support services for the preliminary site selection analysis and conceptual cost study. PROJECT UNDERSTANDING The study will involve the conceptual analysis of the proposed Parks Department site and building test fit options. Project scope includes office, shop, and storage facilities along with maintenance yard,site parking, infrastructure, and general improvements. COST MANAGEMENT PROJECT GOALS The key goals of the preliminary cost management service will be to establish target construction costs and associated risks in a detailed and transparent report to evaluate proposed site layout options. This will allow for comparison back to target budget thresholds with any major discrepancies identified. Through our detailed cost estimating services, it is our goal to promote best value decision making on the design process and ensure realistic casts and risks are identified as early as possible in the process. COST MANAGEMENT DIFFERENTIATORS Working on your behalf to minimize risk and maximize the value of the project, we shall bring the following key team differentiators into the process: Market Analysis Cumming brings an internal team of market analysts to help analyze all external market pressures and fluctuations. We supplement our own market findings through partnerships with recognized statistician groups such as IHS Global Insight, Dodge, and McGraw-Hill to track and report on all external risk impacts. This will be an important first step in evaluating external market risks to the project. 1420 Fif Uh Avenue Suite 2224 Seat le,WA 90'01 Phone 206 224 2899 Detailed Cost Analysis Cumming is committed to bringing a level of detail in our approach far beyond the industry standard. Communicating cost impacts for both known and unknown scope elements early in the process is critically important to identifying risks and establishing construction costs. This helps to minimize the use of large contingencies and lump sums and focus instead on a level of transparency that will clearly identify scope, drivers and risk from the outset. COST MANAGEMENT APPROACH For this initial preliminary design cost analysis,we shall focus on the following deliverables: + Conceptual Cost Analysis o High Level Market& Risk Analysis o Conceptual Statement of Probable Cost (site layout options) o Reconciliation with target budget _ k E \ � \ r� �, �\ �\ \ ��, \ L / �} \ �\ \ \� \ �\ / , » �^ �\ �\ : « : iTL / �\ } ® / � a m � �\ � \ . \ � \ � � « � � c �! � , ° \ ■ ® : L \ = 2\4 § \\) , _ _ _ / �-w a , - . . . - . - - . - . , . , . .. . . . ..\ % \ > § . _ , _ _ _ , . , _ _ . . �! \ � E �\ � Y / \ � 4-Js \ E \ � § { 2 \ � m77 \ \ \ \ �) ¢ \ \ \ \ E }\\ � O � \ tn \ < % \ \ a a : � 4-J �. ii - 80 N LL N � N m � � •- M � � N O O �` �• r3 N F y c c o 0 0 0 0 0 0 0 0 0 5 n � a Q m T �J C° �i � �i rv._—H• Fr - o o..__ irJ G N fSl tM c v' v., 7'" fa fy v 7 R, S cr L G ta' ry zzm F Y rc Q a w � a 0 - Y ; .< / \ �\ \ E � � ) \ \ a � § t iTL "D cc, 4 4 i7i � © < . � �� \ ` ) � � }�������\/\ . � / } LU LLJ \ � : { . \\\ �7 z U) yr x LLI \\ . ~» : . \\ � � � . tn LL < u 4-J E, z E) 4-J s w Il �' a N o n W o w C N M n p O > m u J O V I- 3 a 0 a-+3 .^ Z N N ~ = W a O VI N p W y Ol Z > LD O D z o a o o = Q p ° N a o O N n = t7 l7ix ° O F ry N r z z 0 Q > 0 J J Y a \ W n 0 N p J LL O O 0 r m m < V W a cD N O Z UI V 111 3 N � O w m m a �j Q f Ot LL O io vi o ¢ O Y z cc E i O ¢ E Z F v ~ ry Qa O Z V O a > > LL p o W U O N W M Z In Q c LL L M X K f 0 UI X W ~ O a N O W a s a N J F vi N ul E F f f ........ ... „,„,m„„,_ z 1 n7 O / J I If N LUI 1 ��� R W F + � � ., p � �,.� a , II . �a p 11 1, � I CX I I. Pl' ' f f C E.�.. _.. 6 q A Nr a YO vei � fir m..,� Q w � r TSAVOZ6 qj„ 8G't�Nr.�ryfSIY� � of yry„ � 1 Iyyj "�I( � ��,inl, p 3avti l�vi�k1� l I i'm'' .Wr iNii aii J=W p ,w,a;W %ira 9 uuiiini Vlf, 1 � ,v x LL ++ U am µ' 3 v � a � H � N'w.iaAWa o(WNiHWnb IHwwmp Vµ wwm rDrour'drwa ul uWi+wMJ1^.Y�eFl 1. ~ O 4W'YIW'YIWI M OwAw^N ploiwioin 'AR OAuuy.W wvID Q d '79yJJµA$.f'"i3NjdiP1CT;� W t _ 1 �r C Nay 1. w ww, w �.......__ (0 _X Q 0 Q q a a N ~ i o w d � J F � Li w J�VllioI jc*.1M1nSY N U r I I-,, ^mi wwwwrw w,wo wdwo uw wwn. Wip, zE) �y �. i l / / l f / LL ff o rf 4-1 r / H3Eftl2f31V.MWL101�5 /� r'y �/��1 ( � � Jf, , i7i /fffff S Y JAY tt a low w i F /' LU i ary p,� �' % W LT W , � W LU ..... / d it ub / / 1 W l ra / 4-J EN PI'MIWMM I iffl��F 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 Liabi& insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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,OOOgeneral i 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. A CERTIFICATE OF LIABILITY INSURANCE DATE,MM,°Dr YY) {a ,,,,,, 0 910 212 01E 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 MARSH USA INC. NAME ....... ......... 111 SW COLUMBIA STREET,SUITE 500 IVoI PAX PHONE XIL ..... (n✓c,Ngf._ PORTLAND,OR 97201 E-MAIL Arn Diane.Fosler@marsh com(503)248-6530 --- -- -- ---- - - INSURER(S)AFFORDINGCOVERAGE NAIC4 INSURER A.Travelers Properly Casually Co,Of America I..25674 IN MS ken Zla ED INSURER B NIA N/A Atln.Betsy Benedict INSURER Continental Casually Company 20443 PO Box 14310 -- - ..... ..... ...... OR 97293 Portland, msuRERD INSURER E: f INSURER F COVERAGES CERTIFICATE NUMBER: SEA-002791253-10 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR: ---- --- :Aiabl BURR ---- --- I POLICY Err POLICY EXP -- - LTR TYPE OF INSURANCE iiucn wvn POLICY NUMBER IMMm°ryyYVl IMMlllnn'VYyI LIMITS A X COMMERCIAL GENERAL LIABILITY .0 1 6JR51'BfR45B) Li 6 09/01/2016 00101/2017 i EACH OCCURRENCE iIII 8 1000000 GLAI M:MADEX OCCUR = bAMANE TO RENLFO ---- -- I REMYS[p 1plA nce Terence) ,.$ 300000 X $1,000.000 Stop Gap Liability '.. j RED EX(Any one persom $ 10 000 1 X Contractual per S500D8(D4(D$) - PERSONAL&ADD INJURY ',. $ 1000000 I GLN t AGGREGATE II MIN APPLIES PER GENERA!AGGREcArE Is 2000000 ,. PDLICV X J R0OwrPRODUCTS-CDMPIOP AGG S 2,000,UUO _ Drul S _. A AUTOMOBILE LIABILITY BA5H978458TIL16 i09/010016 l09/01120'17 CDMBINtp SINr{I E'l�Ml7 5 10000DD ,. ice arserlanE ANYAUTO BODILY INJURY(Per person) S ALL OWNED SOH EDLA ED '- ---- _ AUTOS AUTOS BO DI LY I NJU RY(Per accderp X X NON OWNED PROPERTY DAMAGE _ MIRED AUTOS AUTOS (Far anidpRl).- R$ E A X IUMBRELLA LIAB % sOCCUR EX9H97B45FTIL18 1081011201E 09N1/2U17 EACH OeCUHRENGE $ 5000000 EXCESS LIAB AGGREGATE. �,5 ,5 U00 U00 .. ..., ,..CLAIMS MACH, nro Il+r rl-NnoN_a ___ $ WORKERS COMPENSATION PER OTH "I AND EMPLOYERS LIABILITY YIN SIANIITF ER ANYPROPRIETORIPARTNEPoEXECUTIVE LIT EAr;HACCIrJENN $ OFFICERIMEMBER EXCLUDED, NIA ... 1 (Mandatory in NH) �} E L DISEASE-EA EMPLOYEE$ ,(tea FESIOleun der �kEH288337381 09Ml/2016 IJJI0112017 LIMIT POLICY LIMIT 5,000 DESCRIPTION OF OPERATIONS below El DISEASE c l r Rol r sIDIUAL unelury r ooD "C LAIMS MADE PRIOR ACTS DATE-812212DO4 DEDUCTIBLE 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Atldilional Remarks Schedule,may he attached it oioro sµace is reRuiredl RE'JOB k 2130368-CITY OF KENT PUBLIC WORKS(PARKS DEPT.MAINTENANCE YARD NEEDS ASSESSMENT CITY OF KENT ISIARE INCLUDED ASADDITIONAL INSURED(EXCEPT PROFESSIONAL LIABILITY(WHERE REQUIRED BY WRITTEN CONTRACT. GENERAL AND AUTO INSURANCE IS PRIMARY AND NON CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT CERTIFICATE.HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:JULIE PULLIAM THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 FOURTH AVENUE SOUTH ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Dave Rix '"✓ G �G @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I alp I1 r// �gcjN978.458T2� /� COMMERCIAL GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN! CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS plies only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- Any person or organization that you agree in a riod of time for which the "written contract re- written contract requiring insurance"to include as quiring insurance" requires you to provide an additional insured on this Coverage Part,but: such coverage or the end of the policy period, a. Only with respect to liability for "bodily injury", whichever is earlier. "property damage"or"personal injury'; and 2. The following is added to Paragraph 4.a. of SEC- TION IV—COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of you or your subcontractor in the performance The insurance provided to the additional insured of "your work" to which the "written contract is excess over any valid and collectible "other in- requiring insurance" applies. The person or surance", whether primary, excess contingent or organization does not qualify as an additional on any other basis, that is available to the addi- insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of such person or organization. specifically agree in the"written contract requiring insurance" that this insurance provided to the ad- The insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- e. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described in Section III — Limits any other basis, that is available to the additional Of Insurance. insured when that person or organization is an d. This insurance does not apply to the render- additional insured under any"other insurance". ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your As a condition of coverage provided to the addi- tionalinsured: work" and included in the "products- completed operations hazard" unless the a. The additional insured must give us written "written contract requiring insurance" specifi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rence" or an offense which may result in a for that additional insured, and then the insur- claim. To the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 08 0 2006 The 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 ii. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addi- iii. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the"occurrence"or ance available to the additional insured which offense. covers that person or organization as a named insured. b. If a claim is made or"suit" is brought against the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec- must: tion: i. Immediately record the specifics of the 'Written contract requiring insurance" means that claim or"suit"and the date received;and part of any written contract or agreement under or- I. Notify us as soon as practicable. which you are required to include a person or or- ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or"suit" as "property damage" occurs and the "personal in- soon as practicable. jury"is caused by an offense committed: c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you; nection with the claim or"suit",cooperate with b. While that part of the contract or agreement is us in the Investigation or settlement of the in effect; and claim or defense against the "suit", and oth- erwise comply with all policy conditions. c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 ©200B The Travelers Companies, Inc CG D4 14 04 08 /lorrey� �3o5N`178458r��-�(, COMMERCIAL GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEOGE 5M ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured M. Who Is An Insured — Newly Acquired Or B. Incidental Medical Malpractice Formed Organizations C. Reasonable Force— Bodily Injury Or Property N. Injury To Cc-Employees And Co-Volunteer Damage Workers D. Non-Owned Watercraft — Increased To Up To O. Medical Payments Limit 75 feel P. Knowledge And Notice Of Occurrence Or E. Aircraft Chartered With Pilot Offense F. Extension Of Coverage — Damage To 0. Other Insurance Condition Premises Rented To You R. Unintentional Omission G. Personal Injury—Assumed by Contract S. Waiver Of Transfer Of Rights Of Recovery H. Increased Supplementary Payments Against Others To Us When Required By I. Additional Insured — Owner, Manager Or Contract Lessor Of Premises T, Amended Bodily Injury Definition J. Additional Insured — Lessor Of Leased Equip- U. Amended Insured Contract Definition — Bail- ment road Easement K. Additional Insured — State Or Political V, Additional Definition — Written Contract Re- Subdivisions—Permits Relating To Premises quiring Insurance L. Additional Insured — State Or Political Subdivisions—Permits Relating To Operations PROVISIONS ever, coverage for any such additional organiza- A. BROADENED NAMED INSURED — UNNAMED tion will cease as of the date, if any, during the SUBSIDIARIES policy period, that you no longer are the sole owner of, or maintain the majority ownership in- The Named Insured in Item 1. of the Declarations terest in, such organization. is amended as follows: The person or organization named in Item 1. of B. INCIDENTAL MEDICAL MALPRACTICE the Declarations and any organization, other than 1. The following is added to the definition of"oc- a partnership, joint venture, limited liability corn- currence" in the DEFINITIONS Section: pany or trust, of which you are the sole owner or Unless you are in the business or occupation in which you maintain the majority ownership in- of providing professional health care services, terest on the effective date of the policy. How- "occurrence" also means an act or omission CG D4 15 05 08(Rev 10-08) 0 2008 The Travelers Companies, Inc.. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your"employees"who is for "bodily injury" that arises out of providing employed by you as a registered nurse, li- or failing to provide "incidental medical ser- censed practical nurse, emergency medical vices" or "Good Samaritan services", except technician or paramedic,in providing or failing for insurance purchased specifically by you to to provide "incidental medical services" or apply in excess of the Limits of Insurance "Good Samaritan services"to a person. shown in the Declarations for this Coverage 2. The following is added to the DEFINITIONS Part. Section: 6. The following is added to Paragraph 5. of a. "Incidental medical services" means SECTION III—LIMITS OF INSURANCE: medical, surgical, dental,laboratory, x-ray For the purposes of determining the applica- or nursing service, treatment, advice or ble Each Occurrence Limit, all related acts or instruction; the related furnishing of food omissions committed by any of your"employ- or beverages; the furnishing or dispens- ees"in providing or failing to provide"inciden- ing of drugs or medical supplies or appli- tal medical services"or"Good Samaritan ser- ances; or first aid. vices"to any one person will be deemed to be b. "Good Samaritan services" means those one"occurrence". medical services rendered or provided in C. REASONABLE FORCE PROPERTY DAMAGE— an emergency and for which no remu- EXCEPTION TO EXPECTED OR INTENDED IN- neration is demanded or received. JURY EXCLUSION 3. The following is added to Paragraph 2.a.(1) The following replaces Exclusion a., Expected Or of SECTION II—WHO IS AN INSURED Intended Injury, in Paragraph 2, of SECTION 1 — Paragraphs (1) (a), (b), (c) and (d) above do COVERAGES — COVERAGE A BODILY IN- not apply to any of your"employees"who are JURY AND PROPERTY DAMAGE LIABILITY: employed by you as a registered nurse, li- a. Expected Or Intended Injury Or Damage censed practical nurse, emergency medical technician or paramedic but only while per- "Bodily injury"or"property damage"expected forming the services described in Paragraph or intended from the standpoint of the in- 1. above and while acting within the scope of sured. This exclusion does not apply to "bod- their employment by you. Any such "employ- ily injury" or"property damage" resulting from ees" rendering "incidental medical services" the use of reasonable force to protect any or"Good Samaritan services"will be deemed person or property. to be acting within the scope of their employ- D. NON-OWNED WATERCRAFT — INCREASED ment by you. TO UP TO 75 FEET 4. The following exclusion is added to Para- 1. The following replaces Paragraph (2) of Ex- graph 2. Exclusions of SECTION I — COV- clusion g., Aircraft, Auto Or Watercraft, in ERAGES—COVERAGE A BODILY INJURY Paragraph 2. of SECTION I —COVERAGES AND PROPERTY DAMAGE LIABILITY: — COVERAGE A BODILY INJURY AND Sale of Pharmaceuticals PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage" arising (2) A watercraft you do not own that is: out of the willful violation of a penal statute or (a) Less than 75 feet long; and ordinance relating to the sale of pharmaceuti- (b) Not being used to carry any person or cals committed by or with the knowledge or property for a charge. consent of the insured. 2. The following is added to SECTION II—WHO 5. The following is added to Paragraph 4.b., Ex- IS AN INSURED: cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- Any person who, with your expressed or im- TIONS: plied consent, either uses or is responsible for the use of a nonowned watercraft that is less This insurance is excess over any valid and than 75 feet and not being used to carry per- collectible"other insurance",whether primary, son or property for a charge is Included as an excess, contingent or on any other basis, that insured under this Coverage Part. Is available to you or any of your"employees" Page 2 of 8 0 2008 The Travelers Companies,Inc CG D4 15 05 08(Rev 10-08) COMMERCIAL GENERAL LIABILITY E. AIRCRAFT CHARTERED WITH PILOT of the owner, caused by: fire; explosion; light- The following is added to Exclusion g., Aircraft, ning; smoke resulting from such fire, explo- Auto Or Watercraft, in Paragraph 2. of SECTION sion, or lightning; or water. The Damage To I — COVERAGES — COVERAGE A BODILY IN- Premises Rented To You Limit will apply to all JURY AND PROPERTY DAMAGE LIABILITY: "property damage' proximately caused by the same "occurrence", whether such damage This exclusion does not apply to an aircraft that results from: fire; explosion; lightning; smoke is: resulting from such fire, explosion, or light- (a) Chartered with a pilot to any insured; and ning; or water; or any combination of any of (b) Not owned by any insured. these causes. F. EXTENSION OF COVERAGE — DAMAGE TO The Damage To Premises Rented To You PREMISES RENTED TO YOU Limit will be the higher of: 1. The following replaces the last paragraph of a. $300,000; or SECTION I—COVERAGES—COVERAGE A b. The amount shown for the Damage To BODILY INJURY AND PROPERTY DAM- Premises Rented To You Limit in the AGE LIABILITY: Declarations for this Coverage Part. Exclusions c. through n. do not apply to dam- 4. The following replaces Paragraph a. of the age to premises while rented to you, or tem- definition of"insured contract' in the DEFINI- porarily occupied by you with permission of TIONS Section: the owner,caused by. a. A contract for a lease of premises. How- a. Fire; ever, that portion of the contract for a b. Explosion; lease of premises that indemnifies any person or organization for damage to c. Lightning; premises while rented to you, or tempo- d. Smoke resulting from such fire, explosion, rarily occupied by you with permission of or lightning; or the owner, caused by: fire; explosion, e. Water. lightning; smoke resulting from such fire, explosion, or lightning; or water is not an A separate limit of insurance applies to this "insured contract" coverage as described in SECTION III—LIM- G. PERSONAL INJURY — ASSUMED BY CON- ITS OF INSURANCE TRACT 2. The insurance under this Provision F. does The following replaces Exclusion e., Contractual not apply to damage to premises while rented Liability in Paragraph 2. of SECTION I — COV- to you, or temporarily occupied by you with ERAGES — COVERAGE B PERSONAL AND permission of the owner,caused by: ADVERTISING INJURY LIABILITY: a. Rupture, bursting, or operation of pres- "Advertising injury" for which the insured has as- sure relief devices, sumed liability in a contract or agreement. This b. Rupture or bursting due to expansion or exclusion does not apply to liability for damages swelling of the contents of any building or that the insured would have in the absence of the structure, caused by or resulting from wa- contract or agreement, ter; or H. INCREASED SUPPLEMENTARY PAYMENTS c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- 3. The following replaces Paragraph 6. of SEC- AGES A AND B of SECTION I — COVER- TION III—LIMITS OF INSURANCE AGES: Subject to 5. above, the Damage To Prem- b. Up to $2,5130 for cost of bail bonds re- ises Rented To You Limit is the most we will quired because r traffic law pay under Coverage A for the sum of all violations f accidents o s arisngoutof the use of any damages because of "property damage" to vehicle to which the Bodily Injury Liability any one premises while rented to you, or Coverage applies. We do not have to fur- temporarily occupied by you with permission nish these bonds. CG D4 15 05 08(Rev 10-08) 0 2008 The Travelers Companies,Inc Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph t.d. of performed by or on behalf of such SUPPLEMENTARY PAYMENTS — COVER- additional insured; or AGES A AND B of SECTION I — COVER- (3) Any premises for which coverage is AGES: excluded by another endorsement to d. All reasonable expenses incurred by the this Coverage Part. insured at our request to assist us in the 3. This Provision 1. does not apply on any basis investigation or defense of the claim or to any person or organization for which cov- "suit", including actual lass of earnings up erage as an additional insured specifically is to $500 a day because of time off from added by another endorsement to this Cover- work. age Part. I. ADDITIONAL INSURED — OWNER, MANAGER J. ADDITIONAL INSURED—LESSOR OF LEASED OR LESSOR OF PREMISES EQUIPMENT 1. The following is added to SECTION 11—WHO 1. The following is added to SECTION II—WHO IS AN INSURED: IS AN INSURED: Any person or organization that you have Any person or organization that you have agreed in a "written contract requiring insur- agreed in a "written contract requiring insur- ance" to include as an additional insured on ante" to include as an additional insured on this Coverage Part is an insured, but this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- a. Only with respect to liability for"bodily in- jury" or"property damage" that occurs, or jury"or"property damage"that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that"written contract requiring insurance"; that"written contract requiring insurance and and b. Only if the "bodily injury", "property dam- b. Only if the "bodilyinjury", age" or "personal injury" is caused, in whole or "personal injury" is caused, in "Property dam- whole or in part, by acts or omissions of l le or in part, by ads or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, and forming operations on your behalf, in the arises out of the ownership, maintenance maintenance, operation or use of equip- or use of that part of any premises leased ment leased to you by such additional in- to you under that "written contract requir- sured. ing insurance". 2. The insurance provided to such additional in- 2. The insurance provided to such additional he folio sured under this Provision 1. is subject to the sured under this Provision J. is subject to the following provisions: following provisions, a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the which you agreed to provide in the "writ- the ten contract requiring insurance", or the ten contrail requiring insurance", or the limits shown in the Declarations for this limits shown in the Declarations Coverage Part, whichever are less; and Coverage Part, whichevvererfor this are less; and r The insurance afforded to such additional b. The insurance afforded to such additional b. insured does not apply to: insured does not apply, (1) Any "bodily injury" or "property dam- (1) To any "bodily injury" p "property age" that occurs, or "personal injury" damage" that occurs, or"personal it- caused by an offense committed, af- ted,jury" caused by ui offense lease mi- ter you cease to be a tenant in that pine after the equipment lease ex- ter pyres; or (2) Any structural alterations, new con- (2) If the equipment is leased with an struction or demolition operations operator. Page 4 of 8 0 2006 The Travelers Companies,Inc CG D4 15 06 08(Rev 10-08) COMMERCIAL GENERAL LIABILITY 3. This Provision J. does not apply on any basis rind, whichever is earlier. Any such newly ac- to any person or organization for which cov- quired or formed organization that you report erage as an additional insured specifically is in writing to us within 180 days after you ac- added by another endorsement to this Cover- quire or form the organization will be covered age Part, under this provision until the end of the policy K. ADDITIONAL INSURED — STATE OR POLITI- period, even if there are more than 180 days CAL SUBDIVISIONS—PERMITS RELATING TO remaining until the end of the policy period. PREMISES N. INJURY TO CO-EMPLOYEES AND CO- The following is added to SECTION II —WHO 15 VOLUNTEER WORKERS AN INSURED: The following is added to SECTION II —WHO IS Any state or political subdivision that has issued a AN INSURED: permit in connection with premises owned or oc- 1. Your "employees" are insureds with respect cupied by, or rented or loaned to, you, is an in- to "bodily injury" to a co-"employee" in the sured, but only with respect to "bodily injury", course of the co-"employee's"employment by "property damage", "personal injury" or "advertis- you, or to your"volunteer workers" while per- ing injury"arising out of the existence, ownership, forming duties related to the conduct of your use, maintenance, repair, construction, erection business, provided that this coverage for your or removal of advertising signs, awnings, cano- "employees" does not apply to acts outside pies, cellar entrances, coal holes, driveways, the scope of their employment by you or while manholes, marquees, hoist away openings, side- performing duties unrelated to the conduct of walk vaults, elevators, street banners or decora- your business, tions for which that state or political subdivision 2, Your 'volunteer workers" are insureds with has issued such permit. respect to "bodily injury" to a co-"volunteer L. ADDITIONAL INSURED — STATE OR POLITI- worker" while performing duties related to the CAL SUBDIVISIONS—PERMITS RELATING TO conduct of your business, or to your"employ- OPERATIONS ees" in the course of the "employee's" em- The following is added to SECTION II —WHO IS ployment by you, provided that this coverage AN INSURED: for your "volunteer workers" does not apply while performing duties unrelated to the con- Any state or political subdivision that has issued a duct of your business. permit is an insured, but only with respect to"bod- ily injury", "property damage", "personal injury" or 3. Subparagraphs 2.a.(1)(a), (b) and (c) and "advertising injury" arising out of operations per- 3.a. of SECTION If —WHO IS AN INSURED formed by you or on your behalf for which that do not apply to "bodily injury"for which insur- state or political subdivision has issued such ance is provided by paragraph 1,or 2.above. permit. However, no such state or political subdi- O. MEDICAL PAYMENTS LIMIT vision is an insured for: The following replaces paragraph 7. of SECTION 1. "Bodily injury", "property damage", "personal III—LIMITS OF INSURANCE', injury" or"advertising injury"arising out of op- Subject to 5. above, the Medical Expense Limit is erations performed for that state or political the most we will pay under Coverage C for all subdivision; or medical expenses because of"bodily y injury" sus- 2. "Bodily injury" or"property damage" included tained by any one person, and will be the higher within the "products — completed operations of: hazard". a. $10,000; or M. WHO IS AN INSURED — NEWLY ACQUIRED b. The amount shown on the Declarations OR FORMED ORGANIZATIONS for Medical Expense Limit. The following replaces Paragraph 4.a. of SEC- P. KNOWLEDGE AND NOTICE OF OCCUR- TION If—WHO IS AN INSURED: RENCE OR OFFENSE a. Coverage under this provision is afforded only The following is added to Paragraph 2. Duties In until the 180th day after you acquire or form The Event of Occurrence, Offense, Claim Or the organization or the end of the policy pe- CG D4 15 05 08(Rev.10-08) 0 2008 The Travelers companies,Inc Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV—COMMERCIAL GENERAL ance" by the method described in c. LIABILITY CONDITIONS: below. Notice of an "occurrence" or of an offense which b. Excess Insurance may result in a claim must be given as soon as This insurance is excess over any of practicable after knowledge of the"occurrence"or the "other insurance", whether pri- offense has been reported to you, one of your mary, excess, contingent or on any "executive officers" (if you are a corporation), one other basis: of your partners who is an individual (if you are a (1) That is Fire, Extended Coverage, partnership), one of your managers (if you are a Builder's Risk, Installation Risk, limited liability company), one of your trustees or similar coverage for "your who is an individual (if you are a trust), or an work"; "employee" (such as an insurance, loss control or (2) That is Fire insurance for prem- risk manager or administrator) designated by you ises rented to you or temporarily to give such notice. occupied by you with permission Knowledge by any other"employee"of an "occur- of the owner; rence" or offense does not imply that you also (3) That is insurance purchased by have such knowledge. you to cover your liability as a Notice of an "occurrence" or of an offense which tenant for "property damage" to may result in a claim will be deemed to be given premises rented to you or tempo- as soon as practicable to us if It is given in good rarily occupied by you with per- faith as soon as practicable to your workers' com- mission of the owner;or pensation, accident, or health insurer- This ap- (4) If the loss arises out of the main- plies only if you subsequently give notice of the tenance or use of aircraft, "occurrence" or offense to us as soon as practi- "autos", or watercraft to the ex- cable after you, one of your"executive officers" if tent not subject to Exclusion g. of you are a corporation), one of your partners who Section I — Coverage A— Bodily is an individual (if you are a partnership), one of Injury And Property Damage Li- your managers (if you are a limited liability com- ability;or pany), one of your trustees who is an individual (if (5) That is available to the insured you are a trust), or an"employee" (such as an in- when the insured is an additional surance, loss control or risk manager or adminis- insured under any other policy, trator) designated by you to give such notice dis- including any umbrella or excess covers that the "occurrence" or offense may in- policy, volve this policy. When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A 1. The following replaces Paragraph 4., Other or B to defend the insured against Insurance of SECTION IV — COMMERCIAL any "suit" if any provider of "other in- GENERAL LIABILITY CONDITIONS: surance" has a duty defend the in- GENERAL against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible"other insurance"is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insured's rights cover under Coverages A or B of this against all those providers of "other Coverage Part, our obligations are limited insurance". as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only our share of the amount of the loss, if This insurance is primary except any, that exceeds the sum of: when b. below applies. If this insur- ance is primary, our obligations are (1) The total amount that all such not affected unless any of the "other "other insurance" would pay for insurance" is also primary. Then, we the loss in the absence of this in- will share with all that "other insur- surance; and Page 6 of 8 C 2008 The Travelers Companies.Inc CG D4 15 05 06(Rev 10-08) i COMMERCIAL GENERAL LIABILITY (2) The total of all deductible and Insurance shown on the Declarations of self-insured amounts under that this Coverage Part. "other insurance". R. UNINTENTIONAL OMISSION We will share the remaining loss, if 1. The following is added to Paragraph 6. Rep- any, with any"other insurance"that is resentations of SECTION IV — COMMER- ante provision.not described in this Excess Insur- CIAL GENERAL LIABILITY CONDITIONS: c. Method Of Sharing The unintentional omission of, or uninten- tional error in, any information provided by If all of the "other insurance" permits you which we relied upon in issuing this policy contribution by equal shares, we will shall not prejudice your rights under this in- follow this method also. Under this surance, approach each provider of insurance contributes equal amounts until it has 2. This Provision R. does not affect our right to paid its applicable limit of insurance collect additional premium or to exercise our or none of the loss remains, which- right of cancellation or nonrenewal in accor- ever comes first. dance with applicable insurance laws or regu- If any of the "other insurance" does lations. not permit contribution by equal S. WAIVER OF TRANSFER OF RIGHTS OF RE- shares, we will contribute by limits. COVERY AGAINST OTHERS TO US WHEN Under this method, the share of each REQUIRED BY CONTRACT provider of insurance is based on the The following is added to Paragraph 8. Transfer ratio of its applicable limit of insur- ance of Rights of Recovery Against Others to Us of the total applicable limits SECTION IV — COMMERCIAL GENERAL LI- ABILITY of all providers of insur- ABILITY CONDITIONS: ante. 2. The following definition is added to SECTION We waive any rights of recovery we may have V—DEFINITIONS. against any person or organization because of "Other insurance" payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" a. Means insurance, or the funding of arising out of: losses, that is provided by, through or on 1. Premises owned by you, temporarily occu- behalf of: pied by you with permission of the owner, or (1) Another insurance company; leased or rented to you; (2) Us or any of our affiliated insurance 2. Ongoing operations performed by you, or on companies, except when the Non your behalf, under a contract or agreement cumulation of Each Occurrence Limit with that person or organization; section of Paragraph 5. of LIMITS OF INSURANCE (Section III) or the Non 3. "Your work". or cumulation of Personal and Advertis- 4. "Your products". ing Injury limit sections of Paragraph We waive these rights only where you have ti III) applies;of LIMITS OF INSURANCE (Sec- on agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and (3) Any risk retention group; in effect when, the "bodily injury" or "property (4) Any self-insurance method or pro- damage" occurs, or the "personal injury" offense gram, other than any funded by you or"advertising injury"offense is committed. and over which this Coverage Part T. AMENDED BODILY INJURY DEFINITION applies; or (5) Any similar risk transfer or risk man- The following replaces the definition of "bodily injury"in the DEFINITIONS Section agement method. : b. Does not include umbrella insurance, or "Bodily injury" means bodily injury, mental an- excess insurance, that you bought spe- guish, mental injury, shock, fright, disability, hu- cifically to apply in excess of the Limits of miliation, sickness or disease sustained by a per- CG D4 15 05 08)Rev, 10-08) 0 2008 The Travelers Companies,Inc Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at "Written contract requiring insurance" means that any time. part of any written contract or written agreement U. AMENDED INSURED CONTRACT DEFINITION under which you are required to include a person —RAILROAD EASEMENT or organization as an additional insured on this Coverage Part, provided that the "bodily injury" 1. Subparagraph c. of the definition of 'insured and"property damage"occurs, and the "personal contract" in the DEFINITIONS Section is re- injury"is caused by an offense committed: placed by the following: c. Any easement or license agreement; a. After the signing and execution of the contract or agreement by you; 2. Subparagraph C(1) of the definition of "in- b. While that part of the contract or agreement is sured contract" in the DEFINITIONS Section in effect;and is deleted. V. ADDITIONAL DEFINITION — WRITTEN CON- c. Before the end of the policy period. TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: Page 8 of 8 0 2008 The Travelers Companies,Inc CG D4 16 06 08(Rev.lu-w EXHIBIT C p 9{ W9PW 111ICU ddd W YJ ^fYrv.l'Y iifi'il ` I*%, It NA/L.Gf11N' HOURLY BILLING RATE SCHEDULE* PRINCIPALS $ 140— $ 220 ARCH ITECTU RE/LAN DSCAPE Project Architect I—I II $ 95— $ 160 Architectural Designer III-IV $ 70— $ 130 Architectural Designer 1-11 $ 55— $ 90 Designer/Drafter $ 50— $ 70 Intern $ 50— $ 65 ENGINEERING Project Engineer I— III $ 95— $ 160 Designer I—11 $ 65— $ 110 Transportation Analyst I—II $ 65— $ 95 Designer/Drafter $ 60— $ 100 Intern $ 50— $ 65 PLANNING Project Planner I — III $ 80— $ 160 Permit Coordinator $ 50— $ 75 Assistant Planner $ 55— $ 80 INTERIOR DESIGN Interior Designer III —IV $ 80— $ 140 Interior Designer I —II $ 50— $ 100 Intern $ 50— $ 65 ADMINISTRATION Administrator $ 55— $ 140 Word Processor $ 70— $ 90 Graphic Artist $ 90— $ 110 *Subject to change May 1, 2017 O:\WP\WP Library\ADKN-GENERAL OFFICE\Rate and Reimbursable Schedules\SEA Hourly Billing hate Schedule 201E-2017.docx City of Kent Business License MACKENZIE ENGINEERING INC '... Ii15 SE WATER AVE 4100 PORTLAND, OR 97214 Please Gear fdd f1("Nr(YP'AJCi�l1Yd BUSINESS LICENSE and lair„I ,�d B ¢xt,i�c.tax rc,utii L, .dcd LICENSE MUST BE PAID ANNUALLY BY M, I1151or ] µi 1Jftad 7��40KENST JANUARY Ist TO AVOID PENALTY sale,wirhmmrcity„f Issuance of License Does Not Imply Llconsee'a Kama w^s"'^'°s^^' Complinnec with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 20 P PLACE.NO'r TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2170306 MACKENZIE E,NGINEE'RIN6 INC MAYM 1515 SE WATER AVE 8100 The City.of Kent POR'TI,AND, OR 97214 Ordinance No.3962 ew City of Kent Contractor License City of Kent Customer Services 220 Fourth Avenue S. • Kent,WA 98032-5895 • (253)856-5210 Fax(253)856-6200 PLEASE TYPE OR PRESS FIRMLY—BLACK OR DARK BLUE INK ONLY Fee Must Accompany Application Opening July 1 or after i All licenses expire December 31.Renewal invoices mailed in January, ' $!51 W Date: Marcie 10, 202.7 1. Name of Business: Mackenzie Engineering Inc. Business Address: ._„1515SE,WaterAve 4100 _ -..._.... ..... City: Portland._. _.__.....__ _ _.., .� State: OR ZIP:__.97214 Phone:(503) 224-9560 _. ..,_.. _ Mailing Address: City: ........._ _,..State: ZIP: 2. WA State UBIk: 601425994 3. WA StateTRN(Tax Registration Number):. 601425994 4. ❑ Indly. ❑ Partnership ❑ LLC IU Corporation Provide ownership infortnation;inducieaoppferrrentolfistifneeded. Owner(s)Name(s):_ See list of shareholders attached .... .........-- ._._ Address: ...-.— .. .._ .... _. ... City: State ZIP: Phone( 1 _............._....�. 5. Contact Person: !r qjj y Robertson Phone(5031,:24.c.9.Z;Z0 6. Description of Business: Desian Services 7. Is your Business subject to the State of Washington B&OTax(Chapter 82.04 Revised Code of Washington)? ® Yes ❑ No Is your Business subject to City of Kent B&O Tax(please reference the list of exemptions noted on page 2 of the Business Activities Questionnaire)? 0 Yes ❑ No Exemption Number_ _ I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. I also acknowledge that the statements and information furnished by me on this application are public records and are available for public inspection pursuant to State of Washington RCW 42.17.260. 1 understand that issuance of this license Is conditioned upon compliance at all times with all applicable ordinances,regulations and statutes of the City of Kent and the State of Washington.The issuance of this business Signature: _- ire and8ulldingCodes. license does not imply compliance w a Zoning,Uniform pY p 9 9 .. .. Print Name.--UVend,,y fobertson TIt1te:._SgFIAGC.A5'50Ci ....... __. .,.... . _....,._,.,_ Date: 0311 0/2 01 7 FOR OFFICE USE ONLY: BLOC k ...._.. pate Rec'd T.R k ..._....___— Amt.Paid -._....._...__._Other -, ficsW07541-3-13 White:aL File Canary:Applicant's Raceipt Copy Stock Ownsership Stock balances as of December 2016 WOMESUMEMEMONNEW 1 Susan Higbee Board member&VP 356 8.89% 2 Tim Schweitzer 90 2.25%u 3 Peter Alto 60 1.50% 4 Douglas Wrenn Fiala 48 1.20% 5 Thomas Wright 312 7 79% 6 Richard Spies 320 7.99% 7 Robert Thompson 376 9.39% 8 Mark Hettum Board member& VP 560 13.98% 9 Richard Mitchell Board member& Pres 464 11.58% 10 Wendy Robertson 24 0.60% 11 Brent Ahrend 29 0 72%a 12 Matt Butts 150 3.74% 13 Lynne Fischer Ingram 135 3.37% 14 Jeffery R. Humphreys 172 4.29% 15 Rebecca Brandt 8 0.20% 16 Barbara McCullough 50 1.25% 17 Robert Frentress 16 0.40% 18 Dietrich Wieland 145 3.62% 19 Ralph Henderson 16 0.40% 20 Todd Johnson 65 1.62% 21 Josh McDowell 180 4.49% 22 Wendell Mueller 40 1.00% 23 Terry Krause 135 3.37% 24 Dale Poppe 8 0.20% 25 Janice Mason 20 0.50% 26 Alison Hoagland 35 0.87% 27 Morgan Toth 35 0.87% 28 Brett L. Hanson 36 0.90% 29 Alexis Bauer 15 0.37% 30 Cheryl Pigg 4 0.10% 31 Nabil Kausal-Hayes 8 0.20% 32 Michael Chen 30 0.75% 33 Brent Nielsen 8 0.20% 34 Ryan Baker 8 0.20% 35 William Bezio 25 0.62% 36 Adam Solomonson 10 0.25% 37 Michael Rueter 8 0.20% 38 Scott Moore 5 0.12% 4006 100%