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HomeMy WebLinkAboutCAG2021-255 - Original - MENG Analysis - FCA and Master Plan - 05/26/2021May 26, 2021 Original OK to sign 5/26/2021. CAG2021-255 05/26/2021 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and EGM Inc, dba MENG Analysis THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and EGM Inc, dba MENG Analysis organized under the laws of the State of Washington, located and doing business at 2001 Western Avenue, Suite 200 Seattle, WA 98121-2114 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Scope and Fees Proposal for FCA and Master Plan, which is attached and incorporated as Exhibit A. This includes meetings, project management and coordination, facility condition assestment, financial review and analysis which includes establishing financial models-20- year financial forecast, operational work planning, and compilation of unified master plan. The 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. The Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $223,116.30 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the 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 the 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 the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 negligent 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 the 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 the 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 INSURANCE, TITLE 51 RCW as an employer, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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 the 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 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. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) 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: By: _______________________________ Print Name: _________________________ Its: _______________________________ DATE: _____________________________ CITY OF KENT: By: _______________________________ Print Name: Dana Ralph ________________ Its: Mayor ___________________________ DATE: _____________________________ NOTICES TO BE SENT TO: CONSULTANT: Attn: Sarah Partap EMG Inc, dba MENG Analysis 2001 Western Avenue, Suite 200 Seattle, WA 98121-21141 (206) 838-3797 (telephone) (206) 587-0588 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Attn: Brian Levenhagen City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5116 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: _________________________________________ Kent Law Department ATTEST: _________________________________________ Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] 05/26/2021 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1.I have read the attached City of Kent administrative policy number 1.2. 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3.During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4.During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5.Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By:__________________________________________________ For: _________________________________________________ Title:________________________________________________ Date:________________________________________________ EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: ________________________________________ Brian Levenhagen City of Kent Project Manager Subject: Scope & Fee Proposal for FCA & Master February 23, 2021 Dear Brian, Per our conversation this morning, here is our updated fee proposal. This version includes the corrections to task 5 (previously called task 6) and task 2, and eliminates the ADA transition plan from this scope of work. We propose the following tasks and subtasks for each piece of project scope. Task 1. Meetings, Project Management, & Coordination 1.1 Initial Meeting/ Project Kickoff (including prep) 1.2 Create Project Plan, Schedule, & Security Clearance 1.3 Engagement/Understanding Meeting with City Stakeholders 1.4 Weekly Update Meetings to City (assume 26) Total Fee $15,630 Task 2. Facility Condition Assessment 2.1 Facility Condition Questionnaires & Interviews 2.2 Organize and Review Energy Use Data (Power, Gas, Water) 2.3 Confirm Facility Inventory and Naming 2.4 Set up Database Cost Models & Custom Deficiency Categories 2.5 Onsite Pilot Field Assessment 2.6 Condition & Inventory Documentation 2.7 Draft Condition Report 2.8 Discussion with City/ Edits 2.9 Condition Assessment 2.10 Onsite Field Assessment 2.11 Documentation of Conditions 2.12 Data Consolidation & QC 2.13 Deficiency Cost estimates, predictive cost models, & facility replacement values 2.14 Draft Condition Assessment Report 2.15 Meeting to Discuss Report 2.16 Edits & Final Condition Assessment Report 2.17 Presentation of Findings Mileage cost estimate: $903 (not broken into priorities) Total Fee $108,658 breakouts by priority below Priority 1 = 83% or about $91,927 Priority 2 = 11% or about $12,183 Priority 3 = 4% or about $4,430 Priority 4 = 2% or about $2,215 Mileage = $903 Task 3. Financial Review & Analysis 3.1 Facilities Maintenance Fund Evaluation Prepare for and meet with City staff to review and understand FF Evaluate City's existing FF financial models, funding sources, and financial policies Determine City's goals, objectives and what they would like to see changed 3.2 Research/survey funding sources Research available and alternative sources of funding Identify source, availability, and funding rules/regulations/limitations Document sources of funding, including assessment of probability and administrative/policy considerations of each source Prepare for and meet with City staff to review alternative and preferred funding sources 3.3 Establish financial models 20-year financial forecast Develop financial models with multi-level modeling capabilities for each facility based upon City preferences/direction Incorporate FCA deficiencies Develop long-term facility renewal/replacement rates and reserve strategies Prepare facility specific and citywide financial dashboards to facilitate decision making and comparison of alternatives 3.4 Facilitate financial workshop with City staff Prepare for and meet with City staff to review financial models and strategies Determine preferred scenarios and alternatives Prepare for and meet with City staff to review final financial models, revise models as needed Finalize financial models and preferred funding strategies Total Fee $47,320 Task 4. Operational Work Planning 4.1 Field spot check and update major equipment (boilers, chillers, large pumps, water heaters, air handling units, generators, etc.)$2,050 4.2 Update facility maintenance standards (e.g., delete non-existent systems and add missing systems, including fire sprinkler). $2,600 4.3 Pictures of major equipment for use in CMMS. $1,425 4.4 Inventory major electrical equipment (switchgear, large transformers, large UPS/inverters, etc.). $2,050 4.5 Develop "inventory" for MEP distribution (piping, ductwork, control wiring, etc.) $1,000 4.6 Develop "inventory" for general non-equipment maintenance items such as site, paving, structures, finishes, and roofing. $2,050 4.7 Assess existing PM program including training, shops, warehouse, safety, etc. $2,600 4.8 Estimate date of original installation and score condition of major equipment. $2,600 Task 5. Compilation of Unified Master Plan 5.1 Review all previous deliverables for consistency/harmonization 5.2 Stakeholder Engagement/Workshops 5.3 Draft Master Plan 5.4 Edits & Final Master Plan 5.5 Final Presentation(s) Total Fee $14,850 Contingency: The 10% contingency is added to cover unplanned additional work that may arise, or for additional financial scenarios to be analyzed if requested by the finance group. This fund would only be accessible with written approval from the City before using it. Total Contingency 20,283.30 This table summarizes the costs per task and adds a 10% contingency allowance. Task 1 $ 15,630 Task 2 $ 108,658 Task 3 $ 47,320 Task 4 $ 16,375 Task 5 $ 14,850 Subtotal $ 202,833 10% Contingency $ 20,283.30 Total $ 223,116.30 After reviewing this proposal, please call me with any questions or to discuss further. Signed, Sarah Partap Project Manager MENG Analysis 206-838-9797 EXHIBIT BINSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 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, $2,000,000 general 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 A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) The ACORD name and logo are registered marks of ACORD 3/31/2021 License # 0C36861 (206) 204-9140 (206) 204-9205 25658 EGM Inc., dba: Meng Analysis 2001 Western Ave., Suite 200 Seattle, WA 98121-2114 25674 31194 A 2,000,000 X 680-6R873270 12/2/2020 12/2/2021 1,000,000 5,000 2,000,000 4,000,000 4,000,000 2,000,000A X 680-6R873270 12/2/2020 12/2/2021 3,000,000B CUP-6R873350 12/2/2020 12/2/2021 3,000,000 10,000 C Professional Liab 107350135 12/2/2020 Per Claim/Aggregate 2,000,000 A WA Stop Gap 680-6R873270 12/2/2020 12/2/2021 Employers Liability 1,000,000 Re: FAC-Master Plan Facilities The City of Kent is an additional insured as respects the General Liability and Auto Liability per the attached forms. Primary and Non-Contributory coverage applies on the General Liability and Auto Liability per the attached forms. City of Kent 220 Fourth Avenue South Kent, WA 98032 EGMINCM-01 MKELLY Seattle-Alliant Insurance Services, Inc.1420 Fifth Ave 15th FloorSeattle, WA 98101 Melanie Kelly Melanie.Kelly@Alliant.com Travelers Indemnity Company Travelers Property Casualty Company of America Travelers Casualty and Surety Company of America 12/2/2021 X X X X X X X X BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of 'your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission BUSYNESS LICENSE 40 LICENSE MUST BE PAID ANNUALLY BY JANUARY 1st TO AVOID PENALTY KIssuance of License Does Not Imply Licensee's E N T WASHINGTON Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF .BUSINESS BLOC-22-10091 MENG ANALYSIS 2001 WESTERN AVE STE 200 SEATTLE, WA 98121 Tax Registration Endorsement Per RCW 82.14 local sales and use tax must be coded No. 1715 for all qualified sales within the city of Kent. 2021 MAYOR The City of Kent At 220 4TH AVE SO KENT, WASHINGTON 98032 Signature: /��� Signature: Brian Lage(May 24, 202117:O1 PDT) Email: rlashley@kentwa.gov Email: bjlevenhagen@kentwa.gov FAC-Master plan and FCA Conract Final Audit Report 2021-05-25 Created: 2021-05-24 By: Diana lazouski (Dlazouski@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAeNris28DXGOjk7gRDnm99bfPwKL2b_i2 "FAC-Master plan and FCA Conract" History Document created by Diana lazouski (Dlazouski@kentwa.gov) 2021-05-24 - 7:06:09 PM GMT- IP address: 146.129.252.126 Document emailed to Sarah Partap (sarah@menganalysis.com) for signature 2021-05-24 - 7:25:22 PM GMT Email viewed by Sarah Partap (sarah@menganalysis.com) 2021-05-24 - 7:33:56 PM GMT- IP address: 24.18.144.240 E� Document e-signed by Sarah Partap (sarah@menganalysis.com) Signature Date: 2021-05-24 - 7:37:17 PM GMT - Time Source: server- IP address: 24.18.144.240 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-05-24 - 7:37:20 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-05-24 - 11:28:21 PM GMT- IP address: 146.129.252.126 `E? Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-05-24 - 11:35:54 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-05-24 - 11:35:56 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-05-25 - 0:00:45 AM GMT- IP address: 146.129.252.126 E� Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-05-25 - 0:01:27 AM GMT - Time Source: server- IP address: 146.129.252.126 CO Agreement completed. 2021-05-25 - 0:01:27 AM GMT Adobe Sign 1 Reyes-Selden, Tania From:Hills, Chris Sent:Wednesday, May 26, 2021 12:26 PM To:Reyes-Selden, Tania Cc:White, Tammy; Finn, Kelly; Lazouski, Diana Subject:RE: Facilities Master plan and FCA contract Well, that circumstance is probably going to be the case for some of our contracts. I will say this is acceptable, with, however, the understanding that the City will rely on Indemnification in the contract in the event that one of the consultant’s employees, driving their own vehicle, gets into an at-fault auto accident that evolves into an action against the City. Not very likely, but a possibility nonetheless. Chris Chris Hills, ARM-P, CRM, Risk Manager  Risk Management Division | Human Resources Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5285 | Fax 253-856-6270 chills@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Reyes‐Selden, Tania <TRSelden@kentwa.gov>   Sent: Wednesday, May 26, 2021 12:00 PM  To: Hills, Chris <CHills@kentwa.gov>  Cc: White, Tammy <TWhite@kentwa.gov>; Finn, Kelly <KFinn@kentwa.gov>; Lazouski, Diana <DLazouski@kentwa.gov> Subject: FW: Facilities Master plan and FCA contract   Hi Chris, Following up on this one – please see the response from the vendor below regarding use of autos; sounds like the surveyors will be using their own personal vehicles. Based on that, can you let us know if what has been provided here is acceptable or if any changes are needed? Please let us know if any further information is needed. Thank you! Tania Reyes-Selden, Paralegal Civil Division | Office of the City Attorney 2 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5791 | Fax 253-856-6770 trselden@KentWA.gov  CITY OF KENT, WASHINGTON  KentWA.gov  Facebook  Twitter  YouTube  PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E‐MAIL  THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR  SEND IT TO ANYONE ELSE.   From: Lazouski, Diana <DLazouski@kentwa.gov>   Sent: Wednesday, May 26, 2021 11:06 AM  To: Reyes‐Selden, Tania <TRSelden@kentwa.gov>  Cc: Sarah Partap <sarah@menganalysis.com>  Subject: RE: Facilities Master plan and FCA contract   Tania, Please see Sarah’s response below. Is this what you looking for? Because I am not exactly sure what is it you need. Thanks, Diana Lazouski, Operations Analyst Facilities Management | Parks, Recreation and Community Services 400 West Gowe, Kent, WA 98032 Main 253-856-5080 | Direct 253-856-5083 DLazouski@kentwa.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Sarah Partap <sarah@menganalysis.com>   Sent: Wednesday, May 26, 2021 11:02 AM  To: Lazouski, Diana <DLazouski@kentwa.gov>  Subject: Re: Facilities Master plan and FCA contract   EXTERNAL EMAIL Hi Diana, honestly I’ve never got this question before. Typically the surveyors drive themselves in their own car to the sites. Will that not be acceptable?   3 Sent from my iPhone On May 26, 2021, at 10:35 AM, Lazouski, Diana <DLazouski@kentwa.gov> wrote:   Hi Sarah, Our legal department is having a question about Insurance coverage. Can you confirm that when you come to Kent for this project, you are using either a “hired auto” or a “non-owned auto.” Thanks, Diana Lazouski, Operations Analyst Facilities Management | Parks, Recreation and Community Services 400 West Gowe, Kent, WA 98032 Main 253-856-5080 | Direct 253-856-5083 DLazouski@kentwa.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL