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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 co P G ELorF E Pco EooLut 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