HomeMy WebLinkAboutCAG2021-411 - Original - Mackenzie Engineering - Advanced Technical Charettes for Small Businesses - 09/20/2021Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's signature and contract cover
Sheet forms. (Print on pink or cheny colored paper)
FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Dir Asst:
DirlDep:
KENT (optional)
WaSHtNGToN
G
oLo.0.
Originator:
Rhonda Bylin
Department:
ECD
Date Sent:
09/20/202r
Date Required:
9/22/2021
Authorized to Sign:
7,tvl^yo, or Designee
Date of Council Approval:
n/a
Budqet Account Number:
10004115,64190.6115
Budset? fivesE*o
Grant?No
Type: l\/ff
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P
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Pco
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Vendor Name:
Mackenzie Engineering
Category:
Contract
Vendor Number:
865036
Sub-Category:
Original
ProjectName: 46yanced Technical Charettes for Small Businesses
ProjectDetails: Contract for Kurt's signature - please review before I send to
Mackenzie for execution,
Agreement Amount: 1 6r000
start Date: q lr+Zp^execution
Basis for Selection of Contractor: DireCt NegOtiatiOn
4 Memo to Mayor must be attached '
Termination Date: 12-31-2021
Local BusinessZf|Yes flNo*,tr."rr."quirementsperKcc3.T0.l00,pteasecomplete"vendotPurchase-LocolExceptions'formoncityspace.
Business License Verificatio; [Z Yes! ln-Pro."rrl_lexempt (KCc 5.ol '045)
Notice
nv"t
required prior to disclosure?
Z*o
Contract Number:
cR&2071 - 4 tl
utoL)v6uttrColEa33E
.g
ot
Comments:
City Clerk's Office !Date Received: CitY AttorneY:Date Routed: Mayor's Office 2
adccW22373-l_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev. 2021 051 3
KENT
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 500 Union Street, Ste. 410, Seattle, WA 98101 (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:
Potential Naden Tenants Technical Charette Group A - Advanced Manufacturing Education.
Potential Naden Tenants Technical Charette Group B - Advanced Manufacturing Outreach'
More detail provided in Mackenzie proposal, attached and incorporated herein as Exhibit A'
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, 2O2t.
III. COMPENSATION.
B.
The City shall pay the Consultant, based on time and materials, an amount not to exceed
sixteen thousand dollars ($16,000), 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.
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 pottion.
Card Pavment 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 - 1
($20,000 or Less)
A.
c
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 ngreement. 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 pafty. Both pafties 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 maieure 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 - 2
($20,000 or Less)
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 disastei 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 fo.ce majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective onty 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 Consultantshall 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 - 2
($20,000 or Less)
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
aris-ing from a direction by the City under this clause will be dealt with as a change order, except to the
exten[ 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 quaiifieO 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 L.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 legll costs and attorney fees, arising out of or in connection with the Consultant's
performance o1 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'Lt5,
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, 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 shail 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, repofts, or any other records developed or created under this Agreement shall belong to and
CONSULTANT SERVICES AGREEMENT. 3
($20,000 or Less)
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 Governino Law, This Agreement shall be governed by and
construed in aiCordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, diflerence or claim arising from the parties' performance of this Agreement, the exclusive means
of iesolving 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
partiel' 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 provlded by liwf 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 - 4
($20,000 or Less)
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attachE trereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such staiements 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 paft of this
Agreemenl. 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. Comoliance 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. Citv Business License Required, Prior to commencing the tasks described in Section I,
Contractor agrees to prwiAe proof of a current city of Kent business license pursuant to Chapter 5'01 of the
Kent City Code.
K. Counteroarts and Signatures bv 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.
IN WITNESS, the pafties below execute this Agreement, which shall become effective on
the last date entered beiow. All acts consistent with the authority of this Agreement and prior
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
CONSULTANT:
By
Print Name:
Its ,\
.1r 2oDATE
CITY OF KENT:
By
Pri
Its
nt ame: Kurt Hanson
Director, Economic & CommunitY
Development
DATE:
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
[In thls fleld, you may enter the electronic fllepath where the contract has been savedl
CONSULTANT SERVICES AGREEMENT - 6
($20,000 or Less)
NOTICES TO BE SENT TO:
CONSULTANT:
Brett Conway
Mackenzie Engineering, Inc
500 Union Street, Ste. 410
Seattle, WA 09101
(206) 7 49-9993 (telephone)
503 228-t285 facsimile
NOTICES TO BE SENT TO:
CITY OF KENT:
William Ellis
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-57 07 (telephone)
(253) 866-5699 (facsimile)
ATT
Kent Citv Clerk
DECLARATION
crTY oF KENT EQUAL EMPLOYMENT OPPORTUNTW POLTCY
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.
Z. 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
trglh
Date:l.t 1l_oLl
By:
For
Title:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
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.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
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,theundersigned,adulyrepresentedagentof
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 L.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement'
For:
Title:
Date:
By
EEO COMPLIANCE DOCUMENTS . 3
MACI<ENZ)E.
Exhibit A - Scope of Work
August 3L,202t
City of Kent, Economic and Community Development
Attention: William Ellis, Chief Economic Development Officer
220 Fourth Avenue South
Kent, WA 98032
Naden Avenue Site
Advonced Technology Center- Charettes
Project Number 22t0334.00 - Group A
Project Number 22L0334.0I - Group B
Dear Bill:
Mackenzie appreciates this opportunity, and we are pleased to present to City of Kent ("Client") the following Scope of
Services and fee proposal for the Design Charettes for an Advanced Technology Center at the Naden Avenue Site'
Mackenzie's integrated team of design professionals will provide architecture services for the above project.
Our Basis of Design along with our detailed Scope of Services by phase is as follows:
Basis of Design
The Naden Avenue Site is bordered by Meeker to the North and Willis to the south in Kent, WA. The site is under
control of Avenue 55 through a Memorandum of Understanding with the City of Kent to develop the site.
The Client is continuing to explore opportunity to benefit the community as a whole with a portion of this site by
expanding education and entrepreneurial environments in the advance technology sector. The sector is very
strong with numerous entities from Boeing, Blue Origin, Green River College, and others. The Client is working to
attract robotics, satellite, aerospace, and advance technology users to this site. This includes incubator facilities,
labs, educational, vocation/tech education and maker spaces and facilities. Two (2) potential user groups have
been identified by the Client. These tenants may only occupy tO% of the site and the balance Avenue 55 would
develop. An initial understanding suggests these groups may only need L0,000-15,000 SF each for their program,
The Client is seeking to facilitate these groups to visualization a joint facility and bring these ideas to life and to
the Community. Mackenzie's role would be to manage and choreograph a conceptual design charette envisioning
process to create a document that captures the goals real and aspirational, facility requirements-broadly
understood, that will guide the Sroups to the next stage of consideration'
A charette can be structured to develop full conceptual building design solutions. This initial charette effort does
not include developing full building concepts.
To be explored in the charette:
A. lt is not clear that both groups would come to this site'
B. Programmatic overlaps can be seen for some elements in these two (2) groups. The depths of these
overlaps will need to be explored. Elements may be "co-mingled" by the two groups, but some elements
will require strong separation for security, safety, and intellectual property.
T
2
3
4
5.
p 206.74g.ggg3 . F 5O3.22A.1285 . W MCKNZE.COM . Logan Building,50O Union Street, #4'lO, Seattle, WA 98101
ARCHITECTURE . INTERIoRs T STRUCTURAL ENGINEERING T cIVIL ENGINEERING . LAND USE PLANNING . TRANSPORTATION PLANNING T LANDSCAPE ARCHITECTURE
Portland, Oregon . Vancouver, Washington . Seattle, WashingtonM.
City of Kent, Economic and Community Development
Naden Avenue Site
Project Number 22L0334.00
Page 2
C. Unique spaces may be needed. For example, Satellite Testing and, SCIF Room(s) which may require a 50-
foot clear height. These may provide a unique asset within the advance technology community'
The two groups are as follows:
Group A: Advonced Manufocturing Education
WA First Robotics, https://firstwa.org: Group that acquires and distributes robotic materials to school districts around the
state. Our vision is to empower more young people from diverse backgrounds to become leaders and innovators in STEM'
Our mission is to inspire diverse young people to participate in team-based STEM programs supported by a knowledgeable
volunteer community. Erica Beckstrom - Washington First Robotics'
Green River Cotlege: Their mechatronics facility/classroom may be obsolete and needing a reboot and this site might
provide that opportunity. Sarah De Witt - Green River College'
Seattle Makers: A makerspace in South Lake Union. A private enterprise providing makerspace for
inventors/entrepreneu rs. Jeremy Ha nson - Seattle Ma kers.
AJACs Aerospace Joint Apprenticeship Committee: The development, implementation, and maintenance of thriving
apprenticeship and pre-apprenticeship programs for the purpose of creating the next generation of highly skilled
manufacturing workers in Washington State. Chris Pierson - Director of Grants and Strategic Partnerships - AJAC.
Group B: Advonced Monufacturing Outreoch
wssclcAP
Washington State Space Coalition (WSSCI: A broad manufacturing service than interfaces with industry ranging from
seafood to Blue Origin.
lCAp: lnternal governmental asset interfaces with grant applications that, once won, unlocks governor office support for
a second federal level of grants. WSSC is a subset of Aerospace Futures Alliance (AFA)'
ADDITIONAL PARTICIPANTS
Emily Wittman - President of Aerospace Futures Alliance (AFA).
Kristi Morgansen - University of Washington Director of Aeronautics and Astronautics.
William Ellis - Kent Chief Economic Development Officer, Economic and Community Development'
Drew Zaborowski - Avenue 55.
Nicholas Yawman - Avenue 55.
Design Team - Mackenzie.
Scope of Services
Charette Time Duration: 4 weeks
Choreography, conduct and provide a summary document capturing the findings that emerge from the charette process'
The efforts and the documents will be developed based on the mutually agreed-upon program and schedule
L. Mackenzie will, in collaboration with the Client, provide guidance in defining the project vision, goals and design
objectives that will drive the subsequent charette process.
2. Mackenzie will, in collaboration with the Client, bring the group of participants together, map out the charette
process, schedule the session, prepare the attendees, and articulate the deliverables.
3. Mackenzie will undertake limited precent review of similar facilities.
M.
City of Kent, Economic and Community Development
Naden Avenue Site
Project N u m ber 2270334.00
Page 3
4. Mackenzie will lead the charette sessions. A separate charette session is envisioned with each group. The
charrette will be approximately three (3) hours in length and be held at a City of Kent facility.
5. Approximately two (2) weeks after the charette, Mackenzie will deliver the final document. The document will
conta i n:
A. Lists of goals/objectives/qualities.
B. An image board of precedent research'
C. lmages and descriptions of space types (interior uses).
D. Architect synthesis of charette sketches into diagrams with pros and cons.
6. The document will be approximately five (5) pages in length with a separate report per group.
7. Schedule: The charrette is to be held in September and final document delivered prior to the end of September.
Deliverables
t. Each group will receive a separate deliverable formatted with the same underlining format' Ars€pa+ate
FEE SUMMARY
Our lump sum-fixed fees for the disciplines and related design services described above are as follows:
Project Nu m ber 2210334.00
Group A: Advanced Manufacturing Education 57,500
Reimbursable Expenses:Ssoo
TOTAL S8,ooo
Project Number 2270334.0t
Group B: Advanced Manufacturing Outreach
Reimbursable Expenses:
s7,500
Ssoo
TOTAT $8,ooo
Reimbursable expenses (printing, copying deliveries, ride share vehicles, application-based transportation, mileage, etc.)
are included in the fee outlined above and will be invoiced alt,72 times cost'
ASSUMPTIONS
please review and notify Mackenzie if Client believes that any of the Assumptions listed here are either inaccurate or
unreasonable prior to project commencement. Please also notify Mackenzie if any additional clarity is needed for the
Client to fully understand these Assumptions. ln addition to the Scope of Services outlined above, we have assumed the
following:
t. Scope and fee are based on Client not hiring a third party Client Representative to act on their behalf during any
phase(s) of the project. lf a third-party PM is hired by the Client, Mackenzie reserves the right to estimate scope
and fee impacts that will result in additional services.
M.
City of Kent, Economic and Community Development
Naden Avenue Site
Project N u m ber 2270334.00
Page 4
Z. The Client will approve the Documents at the conclusion of each phase prior to proceeding with the next phase.
Redesign efforts after prior Client approvals, including but not limited to Client-driven design modifications, value
engineering, cost reduction alternatives to the approved design, or other such changes, will be provided as an
additional service, with scope, schedule, and fees to be evaluated on a case-by-case basis.
3. Mackenzie Scope of Service and fees are based on project running in sequential order without delay, pause or
project being put on hold for any reason between phases.
4. Client is responsible for all fees paid to public bodies having jurisdiction over the project.
5. The Client acknowledges that in order to construct the Work, the Client's contractor will provide additional
information stipulated in the Construction Documents that include shop drawings, product data, samples and
other similar submittals, which the Architect and other disciplines included herein shall review to the extent of
confirming consistency with the design intent depicted in the Construction Documents'
EXCTUSTONS
please review and notify Mackenzie if Client believes that any of the Exclusions listed here are to be included in
Mackenzie's Scope of Services prior to project commencement. Please also notify Mackenzie if any clarity is needed for
the Client to fully understand these Exclusions. ln addition to any Exclusions outlined within the proposal above, we have
also excluded the following from our proposed scope of services.
Client provided consultant services
t.a. Constructioncostestimating.
1.b. Coordination of Client provided consultants and participants identified and not identified at the date of
this proposal.
Land Use Process/Permitting
2.a. Meetings with public agencies or other meetings other than those specifically identified in Scope of
Services above.
Other Design Disciplines
3.a. Space Planning.
Graphics/BlM
4.a. Presentation-level3D renderings otherthan conceptualstudies to describe design intent oras utilized as
part of Mackenzie's design process unless specifically noted within our Scope of Services above'
Expenses/Billing
5.a. Special billing requirements required by Client outside of Mackenzie's standard billing procedures.
5.b. Building permit fees, design review fees, or any otherfees paid to public bodies having jurisdiction over
the project.
It is our understanding the project will start in September of 202t.lf the proposal is agreeable to you, please prepare a
City of Kent work order. Please note that this proposal is valid for 90 days'
I
2
3.
4.
5.
M.
City of Kent, Economic and Community Development
Naden Avenue Site
Project Num ber 22tO334.00
Page 5
We look forward to working with the City of Kent on this new project. lf you need additional information or have any
questions, please do not hesitate to call.
Sincerely,
Brett Conway
Associate Principal
Enclosure(s): ReimbursableRatesSchedule
c: Dietrich Wieland, Monty Hill, Michael Chen - Mackenzie
M.
MACI(ENZIE.
P 206,749.9993 r F 503,228.12A5 r W MCKNZE'COM
Losan Building, 5OO Union Street, #41O, Seattle, WA 98101
Portland, Oregon ' Vancouver. Washington r Seattle, Washington
REIMBURSABLE CHARGES
Mackenzie will charge the following standard, cost-based rates for in-house reimbursable items listed
below:
IN-HOUSE PRINTING
Scdnning-Block&White
Small Format: S0.25/sheet
(8-L/2 x 11 - 11x 17)
Large Format: S1.OO/sheet
(lncluding Half Size)
Scanning - Color
SmallFormat: So.so/sheet
(8-1,/2x 77 - IIx t7l
Large Format: S3.oo/sheet
(lncluding Half Size)
Di g ita I P h oto Docu me ntotio n
S15.00/download
Check Generation Fee
s2s.00
Printing/Copying' AII Sizes
Black & White: S0.21lsq. ft.
FullColor: S+.oo/sq. ft.
Fax
OTHER IN-HOUSE REIMBURSABLE ITEMS
Local:
Long distance
Report Binder
Without tabs
With tabs:
S1.00/sheet
S1.30/sheet
$3.00/book
s4.00/book
$4.25lsheet
Data Supplies
CDdocumentation: S15.00
DVD documentation: 530.00
Automobile Mileage
Billed according to IRS guidelines
Foamcore:
Delivery Seruice
Fixed rates: $z.zs to $s+.+o
(depending on mileage)
O:\Wp\Wp Library\ADMIN-GENERAL OFFICE\Rate and Reimbursable Schedules\Reimbursables-SEA'docx April 2018 M.
EXHIBIT B
TNSURANCE REQUTREMENTS FOR
CONSULTANT SERVICES AGREEM ENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or dama-ge to pro.perty which
may arise f6m or in connectioh with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum ScoPe of Insurance
Contractor 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 lia bilitY 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,
produtts-completed operations, personal inj.ury and
bdvertising injury, and liability assumed under an insured
contract. tne-Cohimercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85 or a substitute endorsement
providing equivalent coverage' The City shall b-e named as
bn insur6d rinder the Contractor'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 6r a substitute endorsement providing equivalent
coverage.
3. Workers'Compensation coverage as required by the
tnaustriat Insurance laws of the State of Washington'
4. Professional Liabilitv insurance appropriate to the
Consultant's Profession'
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
B
EXHIBIT B (continued)
Automobile Liability insurance with a minimum combined
s'llgielim'tt for bodily injury and property damage of
$1,000,000 per accident.
commercial General Liability insurance shall be written with
lrrn'rts no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. professional Liability insurance shall be written with limits no
less]han $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 Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, _or ins_urance pool.coverage
maintaineO Oy ttre City shall be excess of the Contractor's insurance and
shall not contribute with it,
2, The Contractor'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 c'ertified mail, return receipt requested, has been given
to the City,
1
2
3. The City of Kent shall be named as an additional insured on all poli
(except Professional Liability)as respects work performed bY or on
of the contractor and a coPY of the endorsement nami the City a
additional insured shall be attached to the
City reserves the right to receive a certified copy of.all required insurance
policies, The Contr-actor's Commercial General Liability insurance shall
blso 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'
Acceptability of Insurers
Insurance is to be placed with insurers with a currentA,M, Best rating of not
less than A:VIL
cres
behalf
s
The
D
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a gopy.of the
amendatory endorsements, including but not necessarily limited to the
EXHIBIT B (Continued )
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor 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 Contractor'
CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)
9112t2021
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER'
ALTERTIVELYNEGATIVELCERTIFICATE
TECERTIFICA THISHOLDER.FERScoN oN UPONRIGHTS THENFOoRMATIONYNLANDTEFICAtssursASEDMATTERAOFcTHISERTI POLtCtESTHEOVERAGEcBYAFFORDEDOREXTENDTHEORYAMENDOESAFFIRMAND'OT THORIZEDAUTHEISSUINGBETWEENtNsuRER(S),CONTRACTA
If SUBROGATION IS WAIVED,
this certificate does not confer
IN or behavemustADDITIONALprovisionsNSUtheantsRED,holderthecertificate A onstatementtctesnaendorssment.theof certainthetoandtermsconditions pol may requireicypolubject
to the certificate holder in lieu of such
Certiflcate
404-439-8000
1of AmericaTravelers
PRODUCER
Edqewood Partners lnsurance Center
On6 California Street, Suite 400
San Francisco C494111
& AFFILIATESTRAVELERSINSURED
Mackenzie Engineering, lnc.
151 5 SE Water Ave, Suite 100
Portland OR97214
COVERAGES GERTIFICATE REVISION NUMBER:
THIS S TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOW HAVE BEEN ISSUED TO TH E INSU RED NAMED ABOVE FOR THE POLI CY PERIO D
NDICATED.NOTWTHSTANDI NG ANY REOU REM ENT TERM OR COND ITION OF ANY CONTRACT OR OTHER DOC UMENT WTH RESPECT TO WHICH THIS
CERTIF ICATE MAY BE ISSUED OR MAY PERTAIN THE NSURANCE AFFORDED BY TH E POLTCtES DESCRIBED HEREIN ts SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION s OF SUCH POLIC ES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFIMM'DN/YYYYI LIMITS
B X COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY t5""i f--lro"
X
X
P -630-0L1 27 31 I -T lL-21 9t1t2021 9t1t2022 EACH OCCURRENCE $ 1,000,000
$ 100,000TJAMAGE IO I{EN I EU
PRFMIRFS /Fe n.fi rrance\
$ s,000MED EXP (Any one person)
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2.000,000
PRODUCTS . COMP/OP AGG $ 2.000.000
$
B AUTOMOBILE LIABILITY
ANY AUTO
o\ n{ED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-O\^AED
AUTOS ONLYXX
BA-4N 1 1 6'1 1 8-2'l -43-G 9t112021 91112022 $ 1,000,000
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
B UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS-IUADE
EX-1 164048A-21-43 9t1t2021 9t112022 EACH OCCURRENCE $ 5.000,000
X AGGREGATE $ 5.000.000
DED RETENTION $$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRI ETOR/PARTN EFYEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
lf ves. describe under
DFscRrPTroN oF oPERATtoNS betow
E N/A
Ptt(
STATUTE
utH-FR
E.L, EACH ACCIDENT $
E,L, DISEASE - EA EMPLOYEE $
F I DISEASE - POLICY LIIUIT $
A&E Profossional Liability 106970374 9t1t2021 9t1t2022 Limit 5,000,000
DESCR|PT|ONOFOPERAT|ONS/LOCATTONS/VEHICLES (ACORDlOl,AdditionalRemarksschedule,maybeattachsdifmorespaceisrequired)
RE: Consultant Services Agreement
Citv oirentG inifuoeo ls lb-oiiio-nii insureo (except Professionat Liability) where required by written contract with the Named lnsured. Coverage is primary and
noncontributory.
CAN
@ 1988-2015 ACORD CORPORATION. All rights reserved'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE W|LL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
/S.""-r,(-fuD,
AUTHORIZED REPRESENTATIVE
City of Kent
400 West Gowe
Kent WA 98032
ACORD 25 (2016/03)The AGORD name and logo are registered marks of AGORD
Policy #630-01127311
9t112021 - 91112022
1. The following is added to SECTION ll - WHO lS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. lf, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization'
The insurance provided to such additional insured
is limited as follows:
c. ln the event that the Limits of lnsurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance"'
This endorsement shall not increase the limits
of insurance described in Section lll - Limits
Of lnsurance.
d. This insurance does not apply to the render-
ing of or failure to render any "professional
services" or construction management errors
or omissions.
e. This insurance does not apply to "bodily in-
jury" or "property damage" caused by "your
work" and included in the "products-
completed operations hazard" unless the
"written contract requiring insurance" specifi-
cally requires you to provide such coverage
for that additional insured, and then the insur-
ance provided to the additional insured ap-
COMMERCIAL GENERAL LIABILIry
plies only to such "bodily injury" or "property
damage" that occurs before the end of the pe-
riod of time for which the "written contract re-
quiring insurance" requires you to provide
such coverage or the end of the policy period,
whichever is earlier.
2. The following is added to Paragraph 4.a. of SEC'
TION IV - GOMMERCIAL GENERAL LIABILITY
GONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible "other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured for a loss we cover. However, if you
specifically agree in the "written contract requiring
insurance" that this insurance provided to the ad-
ditional insured under this Coverage Part must
apply on a primary basis or a primary and non-
contributory basis, this insurance is primary to
"other insurance" available to the additional in-
sured which covers that person or organization as
a named insured for such loss, and we will not
share with that "other insurance". But this insur-
ance provided to the additional insured still is ex-
cess over any valid and collectible "other insur-
ance", whether primary, excess, contingent or on
any other basis, that is available to the additional
insured when that person or organization is an
additional insured under any "other insurance".
3. The following is added to SECTION lV - COM-
MERCIAL GENERAL LIABILITY CONDITIONS:
Duties Of An Additional Insured
As a condition of coverage provided to the addi-
tional insured:
a. The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED - WRITTEN
GoNTRACTS (ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
cG D4 14 04 08 @ zo08 tne Travelers Companies, lnc.Page I of 2
Policy #630-0L127311
9t1t2021 - 91112022
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. lf a claim is made or "suit' is brought against
the additional insured, the additional insured
must:
i. lmmediately record the specifics of the
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c. The additional insured must immediately send
us copies of all legal papers received in con-
nection with the claim or "suit", cooperate with
us in the investigation or settlement of the
claim or defense against the "suit", and oth-
envise comply with all policy conditions.
d. The additional insured must tender the de-
fense and indemnity of any claim or "suif' to
any provider of other insurance which would
cover the additional insured for a loss we
cover. However, this condition does not affect
whether this insurance provided to the addi-
tional insured is primary to that other insur-
ance available to the additional insured which
covers that person or organization as a
named insured.
4. The following is added to the DEFINITIONS Sec-
tion:
"Written contract requiring insurance" means that
part of any written contract or agreement under
which you are required to include a person or or-
ganization as an additional insured on this Cover-
age Part, provided that the "bodily injury" and
"property damage" occurs and the "personal in-
jury" is caused by an offense committed:
a. After the signing and execution of the contract
or agreement by you;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
Page2 of 2 @ zooa rne Travelers Companies, lnc.cG D4 14 04 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
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
exiluded 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 Coverage description only. Read all the provisions of this endorsement and the rest of your policy
carefully to determine rights, duties, and what is and is not covered.
Policy #630-01127311
9t1t2021 - 9t112022
A. Non-Owned Watercraft - 75 Feet Long Or Less
B. Who ls An lnsured - Unnamed Subsidiaries
C. Who Is An lnsured - Retired Partners, Members,
Directors And Employees
D. Who ls An lnsured - Employees And Volunteer
Workers - Bodily lnjury To Co-Employees, Co-
Volunteer Workers And Retired Partners,
Members, Directors And Employees
E. Who ls An lnsured - Newly Acquired Or Formed
Limited Liability Companies
F. Blanket Additional lnsured - Controlling lnterest
G. Blanket Additional lnsured Mortgagees,
Assignees, Successors Or Receivers
PROVISIONS
A. NON.OWNED WATERCRAFT 75 FEET
LONG OR LESS
1. The following replaces Paragraph (2) of
Exclusion 9., Aircraft, Auto Or Watercraft,
in Paragraph 2. of SECTION | -
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERW DAMAGE
LIABILITY:
(2) A watercraft you do not own that is:
(a) 75 feet long or less; and
(b) Not being used to carry any person
or property for a charge;
2. The following replaces Paragraph 2'e. of
SECTION II-WHO IS AN INSURED:
e. Any person or organization that, with
your express or implied consent, either
COMMERCIAL GEN ERAL LIABI LITY
Blanket Additional lnsured Governmental
Entities - Permits Or Authorizations Relating To
Premises
Blanket Additional lnsured Governmental
Entities - Permits Or Authorizations Relating To
Operations
lncidental Medical Malpractice
Medical Payments - lncreased Limit
Amendment Of Excess lnsurance Condition -
Professional Liability
Blanket Waiver Of Subrogation - When Required
By Written Contract Or Agreement
Contractual Liability - Railroads
H
J.
K.
L.
M
N
uses or is responsible for the use of a
watercraft that you do not own that is:
(11 75 feet long or less; and
(2) Not being used to carry any person
or proPertY for a charge;
B. WHO IS AN INSURED UNNAMED
SUBSIDIARIES
The following is added to SECTION ll- WHO lS
AN INSURED:
Any of your subsidiaries, other than a partnership
or joint venture, that is not shown as a Named
lnsured in the Declarations is a Named lnsured
if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period; and
@ 2017 The Travelers lndemnity Company. All rights reserved.
lncludes copyrighted material of lnsurance Services Office, lnc. with its permission
cG D3 79 0219 Page 1 of 6
COMMERCIAL GEN ERAL LIABI LITY
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily
injury" or "property damage" that occurred, or
"personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b, After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section ll - Who
ls An lnsured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b, An organization other than a partnership,
joint venture or limited liability company; or
c, A trust;
as indicated in its name or the documents that
govern its structure.
C. WHO IS AN INSURED - RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2' of
SECTION II-WHO IS AN INSURED:
Any person who is your retired partner, member,
director or "employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or "employee" is an
insured for:
(1) "Bodily injury":
(a) To you, to your current partners or
members (if you are a partnership or
joint venture), to your current members
(if you are a limited liability company) or
to your current directors;
(b) To the spouse, child, parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
Policy #630-01127311
9t1t2021 - 91112022
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1Xa), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
"employees", other than a doctor. Any such
retired partners, members, directors or
"employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
(2) "Personalinjury'':
(a) To you, to your current or retired
partners or members (if You are a
partnership or joint venture), to your
current or retired members (if you are a
limited liability company), to your other
current or retired directors or
"employees" while in the course of his or
her employment or performing duties
related to the conduct of your business,
or to your other "volunteer workers"
while performing duties related to the
conduct of your business;
(b) To the spouse, child, parent, brother or
sister of that current or retired partner,
member, director, "emPloYee" or
"volunteer worker" as a consequence of
Paragraph (2Xa) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (2Xa)
or(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
(3) "Property damage" to property:
(a) Owned, occupied or used bY; or
(b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any PurPose bY;
you, any of your retired partners, members
or directors, your current or retired
"employees" or "volunteer workers", any
current partner or member (if you are a
partnership or joint venture), or any current
member (if you are a limited liability
company) or current director.
@ 2017 The Travelers lndemnity Company. All rights reserved.
Includes copyrighted material of lnsurance Services Office, lnc. with its permission.Page 2 of 6 cG D3 79 02 19
Policy #630-01127311
9t1t2021 - 91112022
D. WHO IS AN INSURED - EMPLOYEES AND
VOLUNTEER WORKERS - BODILY INJURY
TO CO.EMPLOYEES, CO.VOLUNTEER
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2.a.(f ) of
SECTION II- WHO IS AN INSURED:
Paragraphs (lXa), (b) and (c) above do not
apply to "bodily injury" to a current or retired co-
"employee" while in the course of the co-
"employee's" employment by you or performing
duties related to the conduct of your business, or
to "bodily injury" to your other "volunteer
workers" or retired partners, members or
directors while performing duties related to the
conduct of your business.
E. WHO IS AN INSURED. NEWLY ACQUIRED
OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION II- WHO IS AN INSURED:
3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or in which
you maintain an ownership interest of more
than 50%, will qualify as a Named lnsured if
there is no other similar insurance available
to that organization. However:
a. Coverage under this provision is
afforded only:
(1) Until the 180th day after you acquire
or form the organization or the end
of the policy Period, whichever is
earlier, if you do not rePort such
organization in writing to us within
180 days after you acquire or form it;
or
(2) Until the end of the policy period,
when that date is later than 180 days
after you acquire or form such
organization, if You rePort such
organization in writing to us within
180 days after You acquire or form it;
b. Coverage A does not apply to "bodily
injury" or "property damage" that
occurred before you acquired or formed
the organization; and
c. Coverage B does not apply to "personal
and advertising injury" arising out of an
offense committed before you acquired
or formed the organization.
For the purposes of Paragraph 1. of Section
ll - Who ls An lnsured, each such
COMMERCIAL GEN ERAL LIABI LITY
organization will be deemed to be
designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govern its structure.
F. BLANKET ADDITIONAL INSURED
CONTROLLING INTEREST
1. The following is added to SECTION ll -
WHO IS AN INSURED:
Any person or organization that has financial
control of you is an insured with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" that
arises out of:
a. Such financial control; or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by you.
The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.
2. The following is added to Paragraph 4. of
SECTION II-WHO IS AN INSURED:
This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.
G. BLANKET ADDITIONAL INSURED
MORTGAGEES, ASSIGNEES, SUCCESSORS
OR REGEIVERS
The following is added to SECTION ll - WHO lS
AN INSURED:
Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only with
respect to its liability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or "personal and advertising injury"
that:
a. ls "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
@ 2017 fhe Travelers lndemnity Company. All rights reserved.
lncludes copyrighted material of lnsurance Services Office, lnc. with its permissioncG D3 79 02 19 Page 3 of 6
COMMERCIAL GEN ERAL LIABI LITY
subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a, The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not aPPIY to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "Personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
(2) Any "bodily injury", "property damage" or
"personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES - PERMITS OR
AUTHORIZATIONS RELATING TO PREM ISES
The following is added to SEGTION ll - WHO lS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
Policy #630-01127311
9t1t2021 -91112022
openings, sidewalk vaults, elevators, street
banners or decorations.
I, BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES - PERMITS
OR AUTHORIZATIONS RELATING TO
OPERATIONS
The following is added to SECTION ll - WHO lS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" arising out of such
operations.
The insurance provided to such governmental
entity does not apPly to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the
governmental entitY; or
b. Any "bodily injury" or "property damage"
included in the "products-completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b' of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a.(11 of SECTION ll - WHO lS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1Xa), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide:
(a) "lncidental medical services" by any of
your "employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
@ 2017 The Travelers lndemnity Company. All rights reserved.
lncludes copyrighted material of lnsurance Services Office, lnc. with its permission.
Page 4 of 6 cG D3 79 0219
Policy #630-01127311
9t1t2021 - 91112022
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language Pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an emPloYed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their emPloYment bY You or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION lll - LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
"lncidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess lnsurance, of SEGTION lV
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
@ 2017 The Travelers lndemnitY
lncludes copyrighted material of lnsurance
COMMERCIAL GEN ERAL LIABI LITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(11 of Section ll -
Who ls An lnsured.
K. MEDICAL PAYMENTS - INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III- LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000;or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.
L. AMENDMENT OF EXCESS INSURANCE
CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess lnsurance, of SECTION lV
COMMERCIAL GENERAL LIABILITY
GONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION
WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION lV - COMMERCIAL GENERAL
LIABILITY GONDITIONS:
lf the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
Company. All rights reserved.
Services Office, lnc. with its permission.cG D3 79 02 19 Page 5 of 6
COMMERCIAL GEN ERAL LIABI LITY
N. CONTRACTUAL LIABILITY- RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
Policy #630-01127311
9t1t2021 - 911t2022
@ 2017 fhe Travelers lndemnity Company. All rights reserved.
lncludes copyrighted material of lnsurance Services Office, lnc. with its permission.
Page 6 of 6 cG D3 79 02 l9
www.saif.com
Mail to
MACKENZIE ENGINEERING INCORPORATED
PO BOX 14310
PORTLAND, OR 97293-031 0
saif Life.
Work,
Oregon.
Oregon Workers' Compensation
Gertificate of Insurance
Certificate holder:
CITY OF KENT
4OO WEST GROWE
KENT, WA 98032
The policy of insurance listed below has been issued to the insured named below for the policy period
indicated, The insurance afforded by this policy is subject to all the terms, exclusions and conditions of
such policy;this policy is subject to change or cancellation at any time.
lnsured
Mackenzie Engineering lncorporated
PO Box 14310
Portland, Or 97293-031 0
Producer/contact
SAIF Corporation
Nan F Angelo
503.673.5403 nanang@saif.com
lssued
Policy
Period
09t131202',1
753429
09101 12021 to 09101 12022
Limits of liability
Bodily lnjury by Accident
Bodily lnjury by Disease
Body lnjury by Disease
$1,000,000 each accident
$1,000,000 each employee
$1,000,000 policy limit
Description of operations/locations/special items
lmportant
This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policies above. This
certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the
certificate holder.
CANGELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN
ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE
WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE.
Authorized representativeel^U
Chip Terhune
President and CEO
400 High Street SE
Satem, 0R 97312
P: 800.285.8525
F: 503.584.981 2
Policy_OLCA_Certifi cateOfl nsurance