HomeMy WebLinkAboutPK07-289 - Original - Sewall Wetland Consulting, Inc. - Lake Fenwick Park Wetland Analysis Report - 10/29/2007 . Records Manage'rne!I n t
KEN T
W.s„,N�roN Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: �P lA !` V V e�l�� ( 4Y1514
Contract Number: fl` y / - ag 9
Thie ie neei�neA by AA^ry Um ^ne
..l .....g� ..n.u..v.Qr"
Vendor Number: 0 u S
Project Name: Le h ilC1� o l k
Contract Effective Date:
Contract Termination Date: 1 2- ZQ '0 r
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: —T Yr`9 UCSY1Gt�'
Department:
Abstract:
ADCL7832 07/02
KENT
W.SHINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Sewall Wetland Consulting, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Sewall Wetland Consulting, Inc. organized under the laws of the State of
Washington, located and doing business at 1103 W. Meeker St , Kent, WA 98032-5751, 253-859-0515
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications-
Services includes delineation of all wetlands and streams along the western and northern lake
edge of the Park property, as well as all wetlands and streams within 200' of the Frisbee Golf
portion of the park. There will also be a Wetland Analysis Report for the area of the study at
Lake Fenwick Park. All work to be done is described in the consultant's proposal dated October
10, 2007 attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I within 60 days of the contract being
executed.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Five
Thousand Dollars ($5,000.00) for the services described in this Agreement This is the
maximum amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit A
CONSULTANT SERVICES AGREEMENT- 1
(Under$10,000)
B. The Consultant shall submit one invoice to the City for work performed, and a final bill upon
completion of all services described in this Agreement. The City shall provide payment within
forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an
invoice, it shall notify the Consultant and reserves the option to only pay that portion of the
invoice not in dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that 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
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
CONSULTANT SERVICES AGREEMENT-2
(Under$10,000)
VIiI. INSURANCE. The Consultant shall procure and mamtam for the duration of the Agreement,
insurance of the typeb and in the amounts described in Exhibit B attached and incorporated b� this reference
IX. EXCHANGE OF INFORIM ATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement
X. OWNERSHIP AND USE OF RECORDS AND DOCIPNIENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belon- to and
become the property ofthe City All records submitted by the City w to the Consultant ill be safeguarded by the
Consultant Consultant shall make such data, documents, and files available to the City upon the City's request
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant
Xi. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the"vork
XIH. 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
maybe available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees nicuried in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement
CONSULTANT SERVICES AGREEMENT-3
tUnder /0 000)
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 g11,en if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specs tied 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 terns
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement All of the above documents are hereby made a part of this Agreement
However, should any language to any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations
iN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By �5 By:
(aignnu e) (s'gnnnue/
Print Name: Edgar Sewall Print e Jeff Watling
Its President Its. Director
(Tale) (gale)
DATE -7 DATE:
CONSULTANT SERVICES AGREEMENT- 4
(Urines J/0,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Edgar Sewall Brian Levenhagen
Sewall Wetland Consulting,Inc City of Kent
1103 W Meeker St 220 Fourth Avenue South
Kent, WA 98032-5751 Kent, WA 98032
253-859-0515 (telephone) (253) 856-5116 (telephone)
253-852-4732 (facsimile) (253) 856-6050 (facsimile)
Lake Fenwick Park Se"all Wetland
CONSL'LTANT SERVICES AGREEMENT - 5
(t ndel S10,000)
DECLARATION
CiTY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to An affirmati,,e 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 duectives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement,
The questions are as follows
1. I have read the attached City of Kent administrative policy number 1 2
2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability
3 During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer
4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above
By signing below, I agree to fulfill the five requirements referenced above.
Dated this �/!' day of e<t: /IL4 2007.
Bv-
For - -�UJcf ,� C'G--S✓J,f"7
Title: e "d -A
Date ld — /1 - 07
ECO COMPLIANCE DOCUMENTS - I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER 1 2 EFFECTIVE DATE January 1, 1998
SUBJECT: MINORI"rY AND WOMEN SUPERSEDES April 1, 1996
CONTRACTORS APPROVED BY Jun White, Mayor
POLICY-
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to S10,000 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 nondhsernm nation and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1 2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement
Dated this day of 12007
By:
For
Title-
Date
EEO COMPLIANCI DOCL;MENTS -3
�.� Sewall Wetland Consulting, Inc.
_ 1103 W V6e*er st Rwe 253.-,c U51 s
- Kern WA96(W-5%71 Fax 25-6.52-4/,Q
October 10, 2007
Brian Levenhagen
City of Kent Parks Dept
220 Fourth Ave N
Kent WA 98032
RE: Wetland Services,Lake Fenwick Park
Dear Mr Levenhagen,
Thank you for considering Sewall Wetland Consulting, Inc to provide wetland services
on the property located at 25828 Lake Fenwick Pd, City of Kent, Washington. Per our
site visit and your request, our scope of services described ii this proposal includes
delineation of all wetlands and streams along the western and northern lake edge of the
Park property, as well as all wetlands and streams within 200' of the Frisbee Golf
portion of the park. As we discussed, this will cover critical areas in regards to any
project work you do on the parking areas, boat launch and Frisbee Golf site I have also
included time for preparation of a Wetland Analysis Report for the area of the study. If
any specific project is proposed during our work, we can address that in the report. All
other work will be completed under a separate affeement or will be an extra to this
proposal.
With receipt of the signed proposal, we will schedule the fieldwork date We look
forward to working with you. Please call if you have any questions.
Sincerely,
Sewall Wetland Consulting, Inc.
Edgar K.Sewall III
President
Enc Project Agreement
Former,y k m; as B-12 Wetland Consulting, Inc
A''y
Sewall Wetland Consulting, Inc.
-heap
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into on October 10, 2007, by SEWALL WETLAND
CONSULTING, INC (SWC),1103 West \leeker, Kent, WA 98032, (Phone 253-859-0515) and
Brian Levenhagen
City of Kent- Parks Dept
220 Fourth Ave N
Kent WA 98032
Protect Name City of Kent-Lake Fenw:ck P?rk
Jurisdiction City of Kent
Location: 25828 lake Fenwick Rd
For this Agreement,project boundaries are identified by the Client based on
Survey Known property corners
Adjacent development, fences, etc Site walk with Client or client's agent
Informal parcel map (_ }
1.0 SCOPE OF SERVICES:
1.1 WETLAND AND STREAM DELINEATION
1 1.1 Identify and locate the edges of wetlands on the site The edges will be located
according to the criteria and methodologv specified in Washington State Wetlands
Identification and Delineation, Dept of Ecology, Publication #96-91, March 1997 or as may
be specified by the local jurisdiction Client's surveyor will map survey stakes or suivev
flagging tape along the wetland edge Data forms will be prepared for wetland and upland
areas to establish probable classification and ratings of wetlands
1.1.2 Streams and drain courses wili be flagged Data will be collected to establish the
probable classification and rating of the stream This task is intended only to identify the
presence of a stream on the site or adjacent to the site. This report will address only Level 1
analysis of the stream and its characteristics. The stream mveshgation will be limited to a
single site observation and review of publicly available agency information A detailed
study of the sheam (Level 2 or 3 or a Biological Assessment) including population analysis,
electro shocking, stream profile and cross section, fisheries habitat, and endangered,
threatened, or priority species inventory or impact can be completed as an Extra Service to
this Agreement
1.1.3 As access allows,investigate properties adjacent to project site to determine probable
extent or impact of buffers from offsite wetlands or streams.
RE LakeFcn%%icK Part.
Sewall Wetland Contiulhng,Inc
Ottobei Ill, 2W
Page 2 of 5
1 14 Attend one meeting with client or client's agent to discuss findings and review site
development constraints relative to the wetlands, streams and buffers Discuss the proposed
impact to wetlands, streams, and buffers from the proposed site plan and review probable
mitigation and permit requirements.
Unless specifically identified elsewhere in this Agreement, preparation of a Concept
Mitigation Plan will be an Extra Service to this Agreement.
115 Compile field data for future report preparation.
116 Survey and plotting of the wetland edge is not included in Sewall Wetland
Consulting Inc scope of services
1.2 WETLAND AND STREAM ANALYSIS REPORT
121 Prepare a Wetland and Stream Analysis Report in accordance with agency
guidelines. The report will include a description of the vegetation, soils and hydrology of
the site; a discussion of the functions and values of the wetland; and a discussion of the
general stream chaiacteristics Piobable classifications, ratings and buffet widths of the
wetlands and streams will be discussed Pertinent Federal, State and Local regulations will
be included If a proposed site development plan is provided by the client, the report will
describe potential impacts to the wetlands, streams, and buffers (Unless specifically
identified elsewhere in this Agreement, preparation of a Concept 1�htigation Plan will be an
Extra Service to this Agreement.)
1.2 2 Review report with client and make minor revisions as required.
123 Coordinate by telephone with agency staff regarding report findings, if requested by
client.
1.2.4 Walking the site with the agency staff to verify wetland delineation can be completed
as an Extra Service to this Agreement
2.0 PAYMENT
21 All work will be billed on an hourly basis according to the standard hourly rates in
effect at the time the work is performed, plus expenses Fees identified below are estimates
and do not imply a "not to exceed" fee.
21.1 Estimated Fees:
1.1 WETLAND AND STREAM DELINEATION
1.2 WETLAND AND STREAM ANALYSIS REPORT
ESTIMATED PROJECT FEE- Hourly Plus Expenses $4,000 - 5,000
RE Lake Fem%tck Pai k
Sex all Weiland consulting,Inc
Vc tober I o,2007
Page I of 5
2 2 The attached covet letter dated October 10, 2007 is considered part of this contract
2 3 Pavment is due with Berm-monthly progress invoices Retailer,if any, will be applied to
first invoice All pay meats shall be due on receipt of invoice A late payment fee of 15% per
annum will be charged on the balance more than 30 days past due calculated from the date
of invoice
2 4 This Project Agreement is with the client payment is not dependent upon fee payment
by others or other financial agreements between the client and another party.
2 5 In the event that the client suspends or terminates work prior to completion of this
agreement, client shall pay Sewall Wetland Consulting, Inc. for work performed through the
date of writteii notification of suspension or terinmauon of work at the standard hourly rates
in effect at the time the work was performed
2.6 If the Client does not provide payment for services in 90 days, Sewall Wetland
Consulting, Inc will be forced to take legal action Client will reimburse SWC for any legal
expenses proaued in the collection of monies past due
3.0 EXTRA SERVICES
Services, which will be performed on an hourly basis,include:
• Additional meetings with agency or with client, including on-site meetings to discuss
findings, methodology of approach to project design beyond the initial ieview with
client or agent
• Revision of the report due to client's alteration of scope of work
• Additional woi k as required by client and not covered under separate contract
• Sewall Wetland Consultuig is available for additional services including
Coordination with client or client's agent regarding site design.
Coordination with the COE to determine development feasibility
Preparation of permits,mitigation plans or other wetland
4.0 ADDITIONAL AGREEMENTS
4.1 Sewall Wetland Consulting does not guarantee approval of the determination or
delineation by any governmental agency Wetland delineations are performed in accordance
with the information and agency criteria and policies in place at the time of the study.
Piofessional interpretation may vary depending on held indicators, time of year, long-term
chmahe conditions, and accuracy of supporting technical data from other professions (Sods,
engineering, survey, etc ) The delineation will be perfoimed in accordance with Federal
guidelines and local agency guidelines in effect at the time the work is performed. The U S.
Army Coips of Engineers and the local agency will certify the accepted wetland edge
according to its interpretation of its criteria.
RF Lake Fenwick Park
Se%+all Wetlald(OTISultig, Inc
iA tobei 10,20117
Page tot 5
4 2 The agency requires that Sewall Wetland Consulting confirm that it has seen the entire
property proposed for development by the Client in his development application This
Project :agreement assumes that the property identified for investigation by the client
encompasses the entire property proposed for development by the Client Further, this
Agreement assumes that the Client can clearly identify the project boundaries to Sewall
Wetland Consulting, Inc If the property boundaries have not been surveyed or are not
clearly apparent by fences, ditches,roads or adjacent developments, SWC makes no warrant
as to the accutacv or completeness of its field investigation
4.3 The agency requires that off-site wetlands or streams whose buffers may extend onto the
project site be identified and classified. If the Client supplies SWC with written or verbal
permission from off-site landowners to investigate their property, SWC will conduct an
investigation of the off-site property, documenting findings for' the distance required by the
agency Data will be collected to establish the probable rating of the off-site wetland or
sb earn No flag,;mg or permanent marking voll be placed on the off-site property. The off-
site stream investigation will be limited to a single site observation and a review of publicly
available agency information
It permission to enter the off-site properties is not gained by the client, SWC will make visual
observations from the client's property and any other public access points, which may be
available to SWC Sewall Wetland Consulting, Inc will document its methods for off-site
vetlands or streams, the piobable rating and buffei width of the wetland or stream, and the
possible impact of buffer on the client's property. SWC makes no warrant as to the accuracy
or completeness of determinations made without being physically present on the oft-site
properties
4.4 The Client is responsible for providmg Sewall Wetland Consulting, Inc a description of
the property, its locations, and site conditions,which could impact our work The Client also
must advise Sewall Wetland Consulting, Inc of the location and nature of any known or
suspected hazards that may exist on the property The Client must advise Sewall Wetland
Consulting, Inc , prior to commencement of our work, of any special requirements for site
entry or anv other required permission. If the Client does not own the property, the Client
will obtain
I pcYm1SS1oP, for rlgnt-Ui-E'ntTy :OI' tl'iif purpose of aCCClmpll,nlllg oar SeT.'1Ce,S.
Sewall Wetland Consulting, Inc will take reasonable precautions to mrnirruze damage to the
property In the normal course of exploratory work some surface or vegetation disruption
may occur Restoration of the site is not part of this agreement, unless specifically indicated
in the scope of services for our work.
The Client will notifv SWC at the time of contract agreement of any livestock or pets, which
may be at the project site The livestock or pets will be removed from the study area, or
securely controlled by the Client. Sewall Wetland Consulting, Inc. will provide the Client
twenty-four hours advance notice of fieldwork to enable the Client to control the animals.
4.5 SWC does not guarantee approval of the mitigation plan by any governmental agency
Mitigation design standards have not been adopted by the reviewing agency (ies); therefore
mitigation design plans are developed in accordance with the information and agency
PE Lake Fem+ilk Park
Sewall Wetland ConSulhng,Inc
CAtnbcr IU 2007
Page 3 o t 3
policies as they are available at the time of the design Individual agency plan reviewers
may apply personal standards for approval over which SWC has no control
4.6 The Client shall indemnify and hold harmless SWC Wetland Consulting, Inc and its
officers, directors, employees, and subcontractors from and against all claims and actions,
including reasonable attorney's fees, based on or arising out of damages or injuries to
persons of propeity caused by error, omission, or negligent act of the Client or any of its
agents, subcontractors, and employees in the performance of services hereunder, subject to
anv limitations, other indemnifications, or other provisions to which the client and Sewall
Wetland Consulting, Inc have agreed.
47 Neither party shall be responsible or be held liable to the other for consequential
damages, including but not hiruted to loss of profit, ;oss of investment, loss of product, or
business interruption The liability of Sewall Wetland Consulting, Inc to the Client shall be
limited to SWC's fee or to$50,000,whichever is less
48 SWC will not provide services with regard to the detection, removal, or disposal of
hazardous substances The Owner shall have the sole responsibility for investigating the
existence and location of hazardous substances at the project site and will furnish all tests,
inspections, reports, warnings, notices, or postings required by law regarding hazardous
substances
4 9 There are no other undeistandmgs or agreements between Client and Sewall Wetland
Consulting, Inc. except as herem expressly stated
SEWALL WETLAND CONSULTING, INC.
EDGAR K SEWALL III City of Kent Parks Dept.
President
DATE:
File Jean/PAs October 2007/Lake Fenwick Park PA doc
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives,employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85 The City shall be named as
an insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using
ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident
2. Commercial General Liability insurance shall be written with limits no
less than$1,000,000 each occurrence, $2,000,000 general aggregate
and a$1,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions
EXHIBIT B (Continued)
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance.
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to receive a certified copy
of all required insurance policies The Consultant's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M. Best rating of not less than
AN IL
II.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Consultant.
ACORDn CERTIFICATE OF LIABILITY INSURANCE 88/22/200
PRODUCER (253)833-5140 FAX: (253) 939-9356 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HBT Insurance HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
201 Auburn Way North, Su1te C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Auburn WA 98002 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA Hartford Casualty 29424
SEWELL WETLAND CONSULTING, INC. INSURER B Hartford Fire Insurance 19682
dba:B-12 WETLAND CONSULTING,INC INSURER
1103 W MEEKER STREET INSURER
KENT WA 98032 INSURER
OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
AG,3REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INS&ADPL TYPE OF INSURANCE POLICY NUMBER DATEPOLICYMMIDDmE POLICY
DATE MMIDD/YY N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY PRMI ETOR.w Dnce $ 300,000
A CLAIMS MADE FxI OCCUR 52SHATL5908 7/1/2007 7/1/2008 MED EXP(Any oneperson) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000
X POLICY F
PRO- F LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $ 1,000,000
B ALL OWNED AUTOS 52UECTQ6615 7/l/2007 7/1/2008 BODILY INJURY
SCHEDULEDAUTOS (Per person) $
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANYAUTO OTHER THAN EA AC $
AUTO ONLY AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $
STATU-
WC OTH-
A WORKERS COMPENSATION AND WA STOP GAP y
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000
OFFICERIMEMBER EXCLUDEDI 52SEATL5908 7/1/2007 7/1/2008 EL DISEASE-EA EMPLOYEE$ 1,000,000
If yes,descnbe under 1,000,000
SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate Holder is named as Additional Insured, per attached Endorsement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
220 Fourth Ave. S 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
Kent, WA 98032 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZEDREPRESENTATIVE
ACORD 25(2001/08) ACOOCQW61RATION 1988
INS025(0108)08a Page 1 of
A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
C. Who is an insured In the BUSINESS LIABILITY For losses covered under the BUSINESS LIABILITY
COVERAGE FORM is amended to include as an COVERAGE of this policy this insurance is primary
insured the person or organization shown in the to other valid and collectible insurance which is
Declarations but only with respect to liability ansing available to the person or organization shown in the
out of the operations of the named insured. Declarations as an Additional Insured.
Form SS 04 49 05 93 Printed in U.S.A. (NS)
Copyright, Hartford Fire Insurance Company, 1993