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HomeMy WebLinkAboutCAG2019-017 - Original - MacLeod-Reckord, PLLC - Morrill Meadows-East Hill Park Renovation - 01/18/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: MacLeod Reckord Vendor Number (]DE): Contract Number (City Clerk): Category: _Contract Agreement Sub-Category (if applicable): None Project Name: Morrill Meadows-East Hill Park Renovation Construction Adr Contract Execution Date: 1/2/19 Termination Date: 12/31/19 Lynn Osborn/BL Parks Contract Manager: Department: Contract Amount: $321128.94 Budgeted: F Grant? Part of NEW Budget: E Local: ❑ State: ❑ Federal: Related to a New Position: Basis for Selection of Contractor? Direct Negotiation Approval Authority: ❑ Director W1 Mayor FI City Council Other Details: Consultant Svcs Aamt for construction administration at Morrill Mdws Park Renovation during YMCA construction #PP D 19-02 —...................._. �10T CONSULTANT SERVICES AGREEMENT between the City of Kent and MacLeod Reckord PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MacLeod Reckord organized under the laws of the State of Washington, located and doing business at 110 Prefontaine Place South, Suite 600, Seattle, Washington 98104 (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 attached Exhibit A, incorporated herein, vendor shall provide construction administration services for the Morrill Meadows-East Hill Park Renovation, in coordination with YMCA construction on site. 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 12/31/2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $32,128.94, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation 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 (Over$20,000) 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. 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 f Disputes and QpverninqLow. 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 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 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 B in Li en a Reglijired. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or EmaBl. 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. 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 farce 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 KENT: �L iproeatur ,� (signature) Print Name: Conn kord Print Name: Dana Ralph Its Managing Member Its Mayor (title) DATE: DATE: 1/2/2019 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Connie Reckord Brian Levenhagen MacLeod Reckord PLLC City of Kent 110 Prefortaine PI S, Ste 600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-323-7919 (telephone) (253) 856-5116 (telephone) connier@macleodreckord.com bjlevenhagen@kentwa.gov ................---......................__..... ........... _ AP OVED AS TO FORM: jEew Department T: _......:_. ... . .. ...........n................. Kent Citv Clerk ..__......_..........................................................._....................................... — P.\Planning NMorrlll Meadows\MM-YMCA Parks Ren —t—2016-17\M-Lc d Rcrkord Ton[r-L.—o 4-C—Otr-pon Admin\MR Cons[r Admin-CONTRACT CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 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. 1 have read the attached City of Kent administrative policy number 1.2, 2, During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By:--_--._........ ....._r.............. — .. .. For: MacLeo Ckord PLLC Title: Managing Member Date: 1/2/2019 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:w For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Mad-cod Reckord PL L.G anascape Archit:;curU Irr I'4Unning da Urban I)osign 10 -rerorruine Place SOJIh, Sufic o00 Seattle, Washington %]U'I -20b-:321, u a> EXHIBIT A j Scope of Work 1 December 20, 2018 City of Kent MORRILL MEADOWS/EAST HILL PARK & YMCA CONSTRUCTION ADMINISTRATION SERVICES PROJECT DESCRIPTION AND SCOPE OF SERVICES The City of Kent (City), in cooperation with the YMCA of Greater Seattle (YMCA), requests MacLeod Reckord (Consultant) to provide selected professional services during construction of the project located at Morrill Meadows/East Hill Park. This scope of services supplements construction administration services that are contracted between the Consultant and the YMCA. It is understood by the Consultant that the majority of construction administrative services that include site observation and reporting, submittal and RFI review, and preliminary and final punchlist inspection are being handled under the contract with the YMCA, Selected construction administration services as may be requested by the City, as identified below, are included in the contract with the City on an on-call, or discretionary, basis. ROLES & RESPONSIBILITIES MacLeod Reckord will contract with sub-consultants as identified below to provide additional support as requested by the City. The City has provided for an allowance of$10,000 for services that may be required of these sub-consultants. PACE Engineers (PACE) for civil engineering construction support. Herrera Environmental Consultants (Herrera) for environmental science construction and permit documentation support. + Stantec for electrical, lighting, and signal construction support SCHEDULE The scope of work is premised on a construction completion date of July 31, 2019, Services provided beyond that time may require additional compensation. TASKS The task items noted below include the full range of construction administration services that may be provided, however these services will be provided to the City on an on-call, or discretionary, basis. See the attached fee proposal for the upset fee limits associated with particular tasks. The City may modify the allocation of effort between tasks at their discretion, with the assumption the Consultant will not exceed the maximum fee unless authorized in writing. EXHIBIT A(Continued) 1.0 Construction Administration 1.1 Pre-Construction Meeting: Prepare for and attend pre-construction meeting, 1.2 Construction Administration Services: Provide services, as specific to City requests, that include submittal review/approval, RAM approvals, RFI response, change order proposals and requests, and pay request review/approval. Design updates and/or revisions as requested by the City. 1.3 Perodic Construction Progress Meetings: Prepare for and attend periodic construction meetings as requested by the City. Review project items as outlined by the City and provide input as requested. 1.4 Punch Lists: Prepare for, attend preliminary and final walk-throughs, and record preliminary and final punch lists. This work is likely completely included in the Consultant's contract with the YMCA, however any City-generated work items associated with this effort will be assigned to the City contract. 1.5 Record Drawings: Provide (1)final set of record drawings based on contractor markups. No field verification included. This work is likely completely included in the Consultant's contract with the YMCA, however any City-generated work items associated with this effort will be assigned to the City contract. Deliverables: CA Services response, Construction reports as related to City-requested services. Site Visits: Site visits as specifically requested by the City. 2 `o m rn m 2 0 o a o 0 r O ro O m O N O M co _ o _ o v a C rn n N o�i I w y, ri m r OCT v N N o N U N N N e- N Q m to U � Iri m m o o v co m m W a N N N 10 m m 01 O O O O O O V a `m = U S r 3 c o 0 o m m ro o a u a C m � M r � � C � ro 'V o - T 0 J y U r .T w G g � o0 0o m o E o 0 0 o md m v v J 0 rn r co_ o N N U a p ri m ro o a d o ¢ IA o v 6. o m u .• O E `� E ..,.E U w s 9 _O m y N c > ¢ a r E CD s v > c Z. b o a o Q v '.z U E a a a o N u a 0 O 0 a M > c w o ui o Z ',,� m E m � y 4 c o 0 70 G « m CL F d cui Z b' of p U. Z .Y. o _p LL ❑ V h *J' r� to N of pu U x Q 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: I. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (continued ) 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. AC ili CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD YYn 12/28/2018 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 have ADDITIONAL INSURED provisions or 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' Jeffrey Westphal Insurance Agency PHONE 425-330-1148 IFAx 888-265-5038 2829 Rockefeller Ave LAID, en0 -. _. ... lac Nop_, APDRE$9;,jWestphalQfarmersagent.com Everett WA 9B2D1 INSURERISI AFFORDING COVERAGE NAIC6 INSURERA Mid Century Insurance Company 21687- INSURED - - INSURER AXISInsurance Company 37273- Macleod-Reckord, PLLC -` ---- ---- ---- --- ' INSNRER C 110 Prefontaine PL.S, Ste 600 -- ---- -- INSURER 0 Seattle WA 98104 ..._.. INSURER E: ' N_C_1_IRF_R_E- -... ----. -- --.-- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES..LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ---- ---- -TAOOL Suank POLICY EFF POLICY E%P LTR TYPE OF INSURANCE IN[n wqn POLICY NUMBER IMMIORIWVVI (MMIDnIVYV_VII LIMITS COMMERCIAL GENERAL LIABILITY © EACH OCCURRE DUE $ 2,000,000 i CLAIMS MADE © OCCUR DAMAGE TOOENIO) E 500,000 _1 PRFMIgES A ! SPED EXP IAnv one oerson) ,.�.S 5,000 1606296699 09/01/2018 '',9/0112/119 1 PERSONAL BADS INJURY �s 2,000,000 GENT.AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE S 2,DOD,DDD POLICY❑y1 L° ❑ LOC PRODUCTS COMPK)P Acc.�s 2,000,000 OTHER $ AUTOMOBILE LIABILITY L MEINEIrb NCLB .OMIT s2,DOQD00 fEa acrmant) ANY AUTO BODILY INJURY(Per p r on) $ A OWNED SCHEDULED 606296699 �09/01/2018 0910112019 BODILY INJURY(Per accidi AUTOS ONLY AUTOS HIRED NON-OWNED PROPEnTY DAMAGE AUTOS ONLY AUTOS ONLY (Por dpcdmntp-. -a.$I$ UMBRELIALIAB fC OCCUR EACH OCCURRENCE 1 EXCES9 LIAB CLAIMS MADE AGGREGATE I S i. IN 0 RFTFNTIONE ( lS WORKERS COMPENSATION STOP GAP PER OI11 ANDE YIN MPLOYERS LIABILITY STATUTEt—i FR ANYPROPRIETORIPARTNERIExECUTIVE EL EACH ACCIDENT $ 1,000,000 A OFFICEWMEMBER EXCLUDED' `N I NIA (Mandatory in NHl 1606296699 109/0112018 09/01/2019 EL DISEASE-EA EMPLOYEEI$ 1,000,000 If yes describe under 1,DDD,ODD DESCRIPTION OE OPERATIONS below EL DISEASE-POLICY LIMIT $ 1 EACH OCCURANCE $2,000,000 B .Professional Liability JQCJ AEA001359-03-20'IB "...8130/2018 OBl3012019 ',. AGGREGATE I.. $2,000,000 ocf Retire Active Date 0810111968 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Sche d ale,may be attached It more space is required) City of Kent is named as additional insured on the policy. Insurance 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 of Kent. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Ave.S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE Jeffrey Westphal I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web Sof nvare.vAW,Fomis Boss.com(c)Impressive Publishing BOU-208 1977 POLICY NUMBER: 606296699 BUSINESSOWNERS BP 04 48 01 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: City of Kent. Coverage is primary and non-contributory.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. Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form. 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. 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