HomeMy WebLinkAboutPW10-132 - Original - The Watershed Company - Meridian Valley Creek - 04/26/2010 T Records Man a. 5 e m e-r -t.am
KEN
WASHINGTON Document
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 City Clerk's Office.
Vendor Name: The Watershed Company
Vendor Number:
JD Edwards Number
Contract Number: loci 10 - 13A
This Is assigned by City Clerk's Office
Project Name: Meridian Valley Creek
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
z1.-6- 10
Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/11
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Joe Fielding Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide a wetland delineation, archaeological survey, biological evaluation, design plans_
for construction, construction cost estimate, and project management.
S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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KENT
WAS HII.GTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
The Watershed Company
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and The Watershed Company organized under the laws of the State of
Washington, located and doing business at 750 Sixth Street S., Kirkland, WA 98033, Phone:
(425) 822-5242/Fax: (425) 827-8136, Contact: A. William Way (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:
The Consultant shall provide the following services: a wetland delineation,
archaeological survey, biological evaluation, design plans for construction,
construction cost estimate and project management for the Meridian Valley Creek
Project. For a description, see the Consultant's Scope of Work which is attached as
Exhibit A and incorporated by this reference.
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. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
June 30, 2011.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Eight Thousand, Three Hundred Ninety One Dollars ($68,391.00) 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
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT- 2
(Over$10,000)
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.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The 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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
9 9 9
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
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By: By.
(signature (signature)
Print Name: Ids! /` .✓ s P int e: Suzette Cooke
Its S40,;ry Eia/0ri.304 I Mavor
(bile)
DATE: f�ph L -zw p DATE: /D
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
A. William Way Timothy ]. LaPorte, P.E.
The Watershed Company City of Kent
750 Sixth Street S. 220 Fourth Avenue South
Kirkland, WA 98033 Kent, WA 98032
(425) 822-5242 (telephone) (253) 856-5500 (telephone)
(425) 827-8136 (facsimile) (253) 856-6500 (facsimile)
ROVED KS TO FORM:
VI
jn Vlartment
Watershad Co-Meridian Valley Crk/Plelding
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. 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 1 f' day of 4QYY,,l 120 o.
By: - �2Z,<
For: 77kk wi✓qr-y5k.� re- h uDe v
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Title: .�N i�&V IE� CaCoC/fT
Date: Alas / 10 ZOZCC
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of The Watershed Company Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as Meridian Valley Creek Project that was entered into on the April 26,
2010, 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 201 'F_ .
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
Tl 11 SCIENCE 6 DESIGN
WATERSHED
C0101"AN Y
EXHIBIT A
Proposal to the City of Kent
MERIDIAN VALLEY CREEK RESTORATION DESIGN
AND PERMITTING SCOPE OF WORK
During the term of this Agreement, The Watershed Company, (TWC) shall perform
professional services for the City of Kent (CITY) in connection with the Meridian Valley
Creek Restoration Design and Permitting Project (PROJECT) This Scope of Work
document (SCOPE) shall be used to plan, conduct, and complete the work on the
PROJECT as described herein or as amended by written Agreement between TWC and
CITY Specific tasks and work items are outlined within this SCOPE
BACKGROUND AND PURPOSE
This project is located on Meridian Valley Creek within the Meridian Valley Country Club
property The STUDY AREA begins just south of the SE 234th Place culvert and extends
approximately 600 feet along the creek to about 150'downstream of the first golf cart bridge
The STUDY AREA is bounded on the east by the private residences and on the west by a
series of tee-off"boxes " The purpose for this protect is to provide a restoration plan and
permitting for creek realignment The project goals include
• Reduce or alleviate flooding along the study reach, particularly with respect to
nearby residences,
• Move the channel away from the sewer line and manhole, currently mid-channel,
and
• Restore suitable channel elements and native riparian vegetation
TIME AND PERFORMANCE
TWC will begin work on implementing the below SCOPE as soon as authorized by CITY
and will make every reasonable effort to complete the Services with the goal of
constructing the PROJECT summer 2010 Actual time may vary depending upon
permitting agency responsiveness and permitting conditions
750 Sixth Street South Kirkland,WA 98033
p 425 822 5242 ! 1 425 827 8136 1 watershedco corn
TWC will not be held responsible for delays, occasioned by factors beyond their control,
which could not reasonably have been foreseen at the time of the execution of the
Agreement
Task 1 — Preliminary Construction Cost Estimate
The preliminary construction cost estimate will include the following elements*
1 TWC will work with the CITY to develop basic project assumptions as a basis
for the preliminary cost estimate
2 TWC will develop a cost estimate spreadsheet based on gross project
dimensions (earthwork, structures, gravel, planting)
Task 1 DELIVERABLES
• Spreadsheet of Preliminary Cost Estimate furnished electronically
Task 1 ASSUMPTIONS
■ Estimate based on best professional judgment and experience on recent
similarly sized projects
■ Estimate will not include permit fees, additional studies that may be
required by permit agencies, plan redesign, mitigation monitoring, or
mitigation maintenance
Task 2 — WETLAND AND STREAM DELINEATION STUDY
The wetland and stream delineation study will include the following elements
3 TWC will delineate and flag the wetland boundary and stream OHWM within
the STUDY AREA.
4 TWC will classify/rate wetland using the Washington Department of Ecology
Wetland Rating System for Western Washington
5 TWC will prepare a sketch of approximate flag locations for use in surveying
flags by CITY surveyors
6. TWC will prepare a wetland delineation report that includes study methods,
results, findings and summarizes regulatory requirements
7 TWC will prepare an 11"X17-format map of wetland boundary and stream
OHWM with the STUDY AREA based on survey data provided electronically
in AutoCAD format by the CITY
8. Delineation report to contain a summary of local, state and federal regulations
pertaining to wetland modification for stream restoration/realignment
Task 2 DELIVERABLES
• Field flagging
• Flagging sketch for surveyor use
• Delineation report for Inclusion In permitting submittals
Meridian Creek Restoration Design and Permitting
City of Kent
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Task 2 ASSUMPTIONS
• Right of Entry Permission is secured by CITY to delineate and flag
features
■ All delineation flags to be located by survey and the resulting data
provided electronically in AutoCAD format by the CITY.
Task 3 — STREAM FLOW AND SEDIMENT ANALYSIS
City to provide
Task 4 — CULTURAL RESOURCES ASSESSMENT
The cultural resources assessment provided by Northwest Archaeological Associates,
Inc (NAA) will include the following elements
Task 4.1 Background Research
The records at the Department of Archaeology and Historic Preservation (DAHP)will be
checked for sites recorded, projects, and reports in the vicinity of the project prior to any
field activity Other information will be collected from ethnographic and historic
accounts, previous regional cultural resource investigations, local historical societies and
informants, maps, photographs, and from environmental sources The Muckleshoot
Tribe will be contacted about the project to solicit any additional concerns about heritage
resources and to inform them when field investigations will take place This
communication is a technical inquiry and does not constitute any formal consultation that
may be needed All of this information will be used to develop expectations for discovery
of archaeological remains along the alignment
4.2:Field Study
The field visit will be completed by a NAA Project Archaeologist The Project
Archaeologist will examine any available sub-surface exposures, and may excavate up
to 6 shovel/auger probes to explore the depth of deposits and possibly identify cultural
material Spoils from the probes will be screened through 1/4-inch mesh Any artifacts
will be described, photographed and returned to the probe of origin and re-buried Notes
about content and sediments encountered will be kept on a standard data sheet All
probe locations will be recorded with GPS The survey is intended to verify field
conditions including the relationship of any previously recorded sites to the project
boundaries, the extent of historic disturbance, and to document the specific location of
any newly discovered cultural resources
Task 4.3: Analysis & Site Form Preparation
Results of the survey will be summarized and all shovel probes will be examined for
information on possible cultural content Newly identified sites will be recorded on
Washington Archaeological Inventory forms that include written description of the site
and its setting, sketch maps, location on USGS 7 5 minute maps using GPS, and
photographs
Meridian Creek Restoration Design and Permitting
City of Kent
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Task 4.4: Report Preparation
The results of these investigations will be presented in a technical report suitable for
submission to USACE, DAHP, the CITY, the Muckleshoot Tribe, and other concerned
parties The report will present the results of archival and field investigations and include
recommendations for ways to avoid or minimize damage to archaeological sites
discovered or to complete evaluation of any newly discovered properties Due to
confidentiality requirements for archaeological site location, distribution of the report may
be restricted
Task 4.5: Project Management
NAA will coordinate with the Watershed Company and the CITY to receive project
materials, prepare progress reports and invoicing and transmit correspondence NAA
will maintain project files to include necessary supporting materials as required
Task 4 DELIVERABLES
• Draft Report, 1 electronic version
• Final Report, 5 hardcopies, 1 PDF version on CD
Task 4 ASSUMPTIONS
■ No buildings or historic structures on the property require inventory or
evaluation
■ The cost proposal allows for recording one site
■ Discovery of an archaeological site may require additional work beyond
the present scope to evaluate its significance and arrive at appropriate
assessments of adverse effects and treatment measures
Task 5 — BIOLOGICAL ASSESSMENT/EVALUATION
Development of the Biological Assessment will include the following elements
1 Order and review Priority Habitat and Species Data
2 Consult with WDFW Area Habitat Biologist and other relevant local experts,
including hatchery staff
3 TWC will prepare a report that meets the U S Army Corps of Engineers
criteria for Endangered Species Act assessments
Task 5 DELIVERABLES
• Biological Assessment/Evaluation report
Task 6 —60% DESIGN AND SUBMITTAL
The 60% design will follow from communication with the CITY on the overall design
parameters The drawing set will include the following elements
1 Sheet setup
2 Wetland impacts plan showing wetland loss and replacement areas
Meridian Creek Restoration Design and Permitting
City of Kent
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3. Grading plans showing realigned channel in plan view, profile and cross
sections
4. Conceptual vegetation plan showing planting locations and candidate species
5. Compensatory mitigation goals, performance standards, monitoring and
maintenance plans necessary for JARPA submittal (Task 6)
6. Preliminary construction sequencing and stream diversion instructions.
Task 6 DELIVERABLES
• 60% design set furnished electronically. Paper copies available upon request
Task 6 ASSUMPTIONS
■ CITY to provide electronic AutoCAD format topographic survey of STUDY
AREA at 1-foot contour intervals
• CITY survey to include stream bottom profile and up to 10 cross sections
at specific field or map-identified locations
■ All delineation flags to be located by survey and the resulting data
provided electronically in AutoCAD format by the CITY
Task 7 —60% JARPA FORM AND SUBMITTAL
■ City to perform
Task 8 —CITY OF KENT CLEAR AND GRADE PERMIT
• City to perform
Task 9 — 95% DESIGN AND SUBMITTAL
The 95% design will follow from communication with the CITY on the overall design
parameters The drawing set will include the following elements:
1 Review comments from 60% submittal
2 Incorporate comments into design
3 Finalize plans to 95% level
Task 9 DELIVERABLES
• Response, clarification and communication on 60% set comments from CITY
• 95% design set furnished electronically Paper copies available upon request
Task 9 ASSUMPTIONS
• CITY comments to be consistent amongst reviewers and provided in one
document
Task 10 — Final design, cost estimate and special provisions
Task 9 will include the following elements
1 Review comments on 95% submittal
2 Prepare final design set incorporating final comments and changes
Meridian Creek Restoration Design and Permitting
City of Kent
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3 Prepare cost estimate based on final design
4 Define special provisions in plan set not defined in standard construction
specifications
Task 10 DELIVERABLES
• Final design set furnished electronically Paper copies available upon request
• Cost estimate furnished electronically Paper copies available upon request
• Special provisions furnished electronically Paper copies available upon request
Task 10 ASSUMPTIONS
■ CITY comments to be consistent amongst reviewers and provided in one
document
■ CITY to provide formal bid specifications
Task 11 — Meetings and communication with CITY staff
Up to two meetings are planned with CITY staff. No additional meetings are included in
this scope, it is assumed that all other necessary communication and coordination with
the CITY will be by telephone or email
Task 11 DELIVERABLES
• Attendance at up to two meetings
Task 11 ASSUMPTIONS
■ CITY meetings to be at CITY Hall or STUDY AREA
• A planner from the Kent Planning department will attend one early project
meeting
Task 12 — Meeting and communication with neighborhood and
Country Club
One meeting is planned with neighborhood representatives and Meridian Valley Country
Club staff It is assumed that all other necessary communication and coordination will be
by telephone or email
Task 12 DELIVERABLES
• Attendance at one meeting
Task 12 ASSUMPTIONS
■ CITY meeting to be at CITY Hall, STUDY AREA or the Country Club.
■ At least one CITY staff shall attend meeting
Meridian Creek Restoration Design and Permitting
City of Kent
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Task 13 — Agency Coordination
One site meeting plus additional phone or email communication with permitting agencies
is expected for the purposes of permit requirement clarification
Task 13 DELIVERABLES
• Attendance at one site meeting
• Emads and phone calls as necessary to support permit effort and tracking
• CITY will be copied on all relevant emads
Task 14 — Project Management
Assure that all parties are communicating and that milestones are being anticipated and
achieved
Task 15 - Expenses
Vehicle mileage, photocopying, plotting, PHS data fees, and other routine expenses will
be billed at cost
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Attachment A
Fee Schedule for Meridian Valley Creek Restoration Design and Permitting
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Itll $U 11 u G $n i 8 `_ tit Total Cost
T10 tionco to $165 5150 - $1$0r'- $130 "$120= $120 b11D- f85 $96 j86 Y $76
1 0 Preliminary construction cost aslbnab -
i t Develop design assumptions 1 - 1 4 $775
1 2 Prepare P.1mul ary cost estimate 1 _ 1 - 12 $1,735
1 3 Casts research and internal discussions 1 2 - 2 4 $1,145
r.5?i - Subtotal SS,655
2.0 Wetland Delineation study
21 Flag boundary and OtIM&A arrange cry survey 2 _ - 6 8 $1,610
22 Sketch&survey mstmchons `h 2 _ 2 2 $870
23 Delnealmn data forms e =
6 f0
24 Delineation report 2 3 ' ' � 12 $1 74710
25 Reconfigure survey mapping € 2 Yr 4 $800
+ SublMat $k130
30 Stream flow and sediment analysis 7
31 Cry will provdc $0
M Subtotal $0
40 Archaeological survey and coordination As
41 Survey fmm Subconsutiant dump sum) _ $6 200
42 Coordination and review 2 e - 2 2 - - - $720
'Sublow $6,920
[•. -? ...
50 Biological Evalua0 dataessment "
51 Drft and renew PHS data 2
52 Draft taxi ` n s fi-`24 SIBUD
53 Review 2 5 -`t 2 $1260
54 Final laid - 2 =a '--8 $660
'Sobbbl $4"0
6 0 6D%design for permil use tin 10) --
61 Street setup r - 2 10 -a.. $114C
62 Sketches to IA IA do drawings(Ste vise �,) 4 8 c 1D 8 24 46 f f10 860
63 Notes and specrlcabons e - ', 6 8 a 13 $2 040
6 4 Renew 2 _ 2 -�,� 2 4 $t 670
65 Internal review,&cherd communication transmr0al P- 2 4 $690
70 JARPA = Subtofdl 516,100
2
a wx �
_71 City wtli provide
xa t,a Subtotal $0
80 Kent clear and grade permit SEPA
_at City will p.,do _ - t, s. - so Subtotal $n
90 95%desrnn "
91 Review comments on 60%set 2 _ 2 2 - 3 di I 2 4 r i � - $1 5Internal92 Internal discussions and revisions ,'" 2 2 6 6 `{ 2 $265D
93 rawm0 reunions s 2 4 _ 4; 2 24,1s $37D0
94 Transmittal = `-` - 4 -- 5440
Tre
Subtotal $8,320
4R
too Final deal acast estimate
101 Review comments an 95%set 2 2 r 2 2 $1 070
102 Internal decussmns 2 c„ 2 2 $730
101 Drawing revisions 2 4€a 4 - 12" $2 310
104 Cost estimate&review 2 4 4 ^t' 16 2 €- $3 470
105 Transmittal 2 b220
11 0 Meetings with CM Staff - Su0lom/ $7,830
11 1 Kent meetings(2) 6 6 6 .. $2 370
11 2 Synopsis of meetings 2 - 4 $770
sgbroa3 $3,140
12 D Meeting with Country Club ,t -
121 NeighbomDod meeting(1) r, 4 - 4 r $1 100
122 Svnopsa of meetings - 2 - 4 5770
13D Coordmabonwrth Agencies s - ss Subtotal $1,d70
131 Corps - 2 - 1
13 W9FW $370
3 1 Z ` 1 ,t $535
1]3 Ecology - 2 "�' 1 -i
134 Muckleshoot Tribe i 535
2 +hr , 1 4 ll 5 Agency site visit $740 2 � 2 2 $740
Subtotal $2,550
140 Protect mdlkgement
141 Protect management 30 _ of - p950
142 Gonutna administration 2 6 _ $840
14 3 Cnboal Pam 6 2 $1 000
« Subhr6! $6,790
E EscenaesE Pnce�
E1 Mileage(Cunem Standard Rate set by IRS) $050 612 $30600 -
E2 Equipment Usage see Num,rate sheet
E3 colorcopies $100 200 520000
E4 Plotting $1000 80 S80D 00
ES GPS antenna rental $1500 $000
'12 site visits(2?51 miles each Subtotal $1,30600
TOTAL $68,39100
The Watershed Company 3/26/2010 Page 1
Thl
WATERSHED
Hourly Rates Effective January 2010*
A. William Way, PWS President $165
Ed McCarthy,P E ,PhD Water Resource Engineer $150
Greg Johnston, EIT, CFP Senior Fisheries Biologist $130
Hugh Mortensen, PWS Senior Ecologist/PWS $130
Jennifer Creveling, PWS Senior Wetland/ Wildlife Biologist $130
Amy Summe Environmental Planner $130
Dan Nickel Environmental Engineer/GIS Specialist $130
Mark Garff, ASLA,RLA Senior Landscape Architect $120
Mark Indrebo, LG Fluvial Geomorphologist $120
Matt Stevenson Planner,GIS Specialist $120
Kenny Booth, AICP,APA Associate Planner $110
Suzanne Tomassi Wetland/Wildlife Biologist $110
Margaret Hayes, RLA Landscape Architect $100
Nancy Way Technical Writer $120
Courtney Landoll,ASLA,RLA Landscape Architect $90
Grace Bergman Landscape Designer $90
Christi Hallman Contract Administrator/IT $85
Nell Lund Ecologist $85
Meagan McManus Ecologist $75
Ryan Kahlo Ecologist $70
Tracy Durnell Administrative/Graphic Design $70
Acronym Key:
CFP=Certified Fisheries Professional as certified by the American Fisheries Society
PE=Professional Engineer
EIT=Engineer In Training
GIS =Geographic information System
LG=State of Washington Licensed Geologist
PWS=Professional Wetland Scientist as certified by the Society of Wetland Scientists
ALSA=American Society of Landscape Architects
RLA =State of Washington Registered Landscape Architect
AICP=American Institute of Certified Planners
APA=American Planning Association
Direct Costs:
Auto Mileage Maximum standard rate allowable by IRS
Duplicating $0 10/page b/w, $1/page color, $10/page b/w
plot,$30/page color presentation plot
Electrofishing Equipment Rental $100 00/day
Trimble GEO XT- GPS Equipment Rental $50 00/day
Solomat Water Quality Testing Equipment Rental $50 00/day
Other Direct Costs At Cost
*Rates for 2010 only,escalator clause for cost of living may apply in future years
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,
Fired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
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.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
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.
q CORD"
�a DATE(MM/DDIYYW)
I`TIIII i CERTIFICATE OF LIABILITY INSURANCE 0411 912 01 0
PRODUCER Phone (360)598-37CD Fax ;360)`,98 3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MICHAEL J.HALL&COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HALL&COMPANY HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
19660 10TH AVENUE WE ALTER THE COVERAGE AFFORDED BY THE P LICIES BELOW
POULSBO WA 98370
INSURERS AFFORDING COVERAGE NAIC it
INSURED INSURER A LLOYD'S OF LONDON
THE WATERSHED COMPANY INSURER B HARTFORD CASUALTY INS.CO.
750 6TH STREET SOUTH INSURER C
KIRKLAND WA 98033
INSURER D
INSURER E
COVERAGES
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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EKPIRATION LIMITSLTR INSR DAtE MMTDIYY DATE MMIDD/1"/
GENERAL LIABILITY 62SBALG6505 09/30109 09/30/10 EACH OCCURRENCE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000
PREMISES Es oca.mr,ce
CLAIMS MADE OCCUR MED EXP(Anyone person) $ 10,000
B X OCP XCU BFPD PERSONAL&ADV INJURY S 2,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGO $ 4,000,000
PRD-
PCLICY X LOC $
AUTOMOBILE LIABILITY 52UEJR6117 09MS109 09/15/10
COMBINED X ANY AUTO Ea aoode )INGLE LIMIT
$ 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Demon) $
B X HIRED AUTOS
BODILY INJURY $
X NON-OWNEDAUTOS (Per amldent)
PROPERTY DAMAGE
(Per amident) $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO $
OTHER THAN EA ACC
AUTO ONLY AGG $
E%CESS l UMBRELLA LIABILITY EACH OCCURRENCE $
OCCURCLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION$ $
WORKERS COMPENSATION AND 52SBALG6505 09/30/09 09/30/10 TORY,ATW, I X7 OTHER Stop Gap
EMPLOYERS'UABILITY YIN EL EACH ACCIDENT $ 1,000,000
B ANY PROPRIETORWARTNERIEXECUTIVE
OF ❑
FICERIMEMBER EXCLUDED? EL DISEASE EA EMPLOYEE $ 1,000,000
(ManCatory in NH)
"yes aasc�iw,antler
SPECAL PRO ASIONS xIm EL DISEASE-POLICY LIMIT $ 1,000,000
OTHER Professional Liability 1123871942/002 09130/09 09/30/10 $1,000,000 Per Claim
A Claims Made Form $1,000,000 Aggregate
Retro.Sept.30,1993
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Pro)ect Name*Meridian Valley Creek
The City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written
contractor agreement regarding activities by or on behalf of the Named Insured This Insurance is primary Insurance and any
other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABCVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Of Kent EXPIRATION DATE 1HhRECF THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN
tY NOTICE TO THE CENT FICATE HOLDER NAMED TO THE LEFT
400 W Gowe St
Kent,WA 98032-6019
AUTHORIZED REPRESENTATIVE
Attention, NancyYoshltake L�shleyLHUrdz___C
ACORD 25(2009101) Certificate# 113881 ®198B-2009 ACORD CORPORATION All rights reserved
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon
ACORD 25(2009101; Certificate#113881
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any
purpose by you, any of your (1) "Bodily injury" or "property damage'
"employees", "volunteer workers", that occurred;or
any partner or member(if you are (2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company), organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person(other than your"employee"or With respect to"mobile equipment"registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. taw, any person is an insured while driving such
a Temporary Custodians Of Your equipment along a public highway with your
Property perinisson. Any other person or organization
Any person or organization having proper responsible for the conduct of such person is
temporary custody of your property if you also an insured, but only with respect to liability
die,but only: arising out of the operation of the equipment,and
only if no other insurance of any kind is available
(1) Wit respect to liability arising out of the to that person or organization for thps IiabTty.
maintenance or use of that property;and However,no person or organization is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co"employee" of the
d. Legal Representative If You Die person driving the equipment;or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance, an insured under this provision.
e, Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part your permission. Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only vdth
as a named insured does not apply to respect to liability ansing out of the operation
injury or damage with respect to which an Of the watercraft, and only if no other
insured under this insurance is also an insurance of any kind is available to that
insured under another policy or would be person or organization for this liability.
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of Its insured with respect to:
limits of insurance. a. "Bodily injury to a co"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft;or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under tnis provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However pew
it
a. Coverage under this provision is afforded The person(s) or organization(s) Idenufied in
only until the 1 Both day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy penod,whichever is earlier,and
Form SS 00 OB D4 05 Pagel 1 of 24
The Hartford
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (ef Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement,or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit, except such operations performed
However, no such person or organization is an at the vendors premises in
fion with the sate of the
additional insured under this provision if such produc
t
person or organization is included as an product
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages, the vendor,or
a. Vendors (h) "Bodily injury" or "property
Any person(s)or organizations) (referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
"bodily Injury" or "property damage" arising own acts or omissions or those of
its employees or anyone else
out of "your products" which are distributed acting on its behalf. However,this
or sold in the regular course of the vendor's exclusion does not apply to-
business and only if this Coverage Part
provides coverage for 'bodily injury" or (1) The exceptions contained in
"property damage" included wtttun the Subparagraphs(d)or(f);or
"products-c:ompleted operations hazard'. (ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
This insurance does not apply to: course of business, inconnection with the distribution
(a) "Bodily injury" or 'property or sale of the products,
damage" for which the vendor is
obligated to pay damages by (2) This insurance does not apply to any
insured person or organization from
reason of the assumption of whom you have acquired such products,
lability in a contract or agreement. or any ingredient, part or container,
This exclusion does not apply to entering into, accompanying or
Viability for damages that the containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment, but only
(c) Any physical or chemical change with respect to their liability for"bodily
in the product made intentionally injury", "property damage" or
by the vendor, "personal and advertising injury'
caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you b such
inspection, demonstration, testing, y
i� � ng� person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality;or
(a) Any "occurrence" which takes (b) "Bodily injury"or"property damage"
piece after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises;or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e, above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury"caused, in whole or
(1) Any architect, engineer,or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury"caused, in whole (a)-In the performance of your
or in part, by your acts or omissiors or ongoing operations;
the acts or omissions of Grose acting on (b) in connection with your premises
your behalf: owned by or rented to you,or
(a) in connection with your premises; (c) In connection with"your work"and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf.
() The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured;and
This insurance does not apply to (0) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
ansing out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you,including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodilyin u
reports, surveys, field orders, " J ry", property damage" or
personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications,or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services,Including:
activities
Form SS OR 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications;or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or '`engineering Subject to 2.a. or 2.b above, whichever
activibes. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E.—Liability And Medical Expenses because of 'bodily injury" sustained by any
General Conditions one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above,the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. °personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You
we will pay regardless of the number c* Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; " °property damage"to any one premises,while
b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing"suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for. In the case of damage by fire, lightning or
explosion,the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard"is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of.
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision;or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad
Page 14 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or "suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit";
single highest limit of Lability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above. (3) Cooperate with us in the Investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the enforcement of any right against any
person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
deemed part of the last preceding period for purposes may also apply
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
GENERAL CONDITIONS cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent
Bankruptcy or insolvency of the 'insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties in The Event Of Occurrence, by other insurance available to an
Offense,Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and indemnity.
it- that we are notified as soon ass You or any additional insured must see to
However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim. To written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
(1) How,when and where the "occurrence" insured's own insurance.
or offense took place; f. Knowledge Of An Occurrence,Offense,
w (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b, apply to you or to
(3) The nature and location of any injury any additional insured only when such
or damage ansing out of the "occurrence", offense, claim or "suit" is
"occurrence"or offense. known to:
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought an individual,-
against any insured, you or any additional (2) Any partner, if you or an additional
insured must, insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional
claim or "suit and the date received; insured is a limited Lability company;
and
(2) Notify us as soon as practicable. (4) Any "executive officer" or insurance
manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the
claim or"suit as soon as practicable. (� Any trustee, if you or an additional
insured is a trust;or
c. Assistance And Cooperation Of The (6) Any elected or appointed official,if you
Insured or an additional insured is a political
You and any other involved insured must subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7, Other Insurance
insurance required by that law. If b. With respect to "mobile equipment" to available for loss we cover under this
other valid and collectible insurance is
which this insurance applies, we will a
provide any liability, uninsured motorists, Coverage Part our obligations are limited as
underinsured motorists, no-fault or other follows:
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages, below applies, if other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
this Coverage Form: below.
a. To loin us as a party or otherwise bring us b. Excess Insurance
into a "sutt" asking for damages from an This insurance is excess over any of the
insured,or other insurance, whether primary, excess,
b. To sue us an this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work";
against an insured; but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion
applicable (meat of insurance. An agreed insurance for premises rented to you
or temporarily occupied by you with
settlement means a settlement and release of
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage" to premises rented
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies. with permission of the owner,
a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named insured;and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to
a claim is made or"suit"is brought. the extent not subject to Exclusion g.of
S. Representations Section A.—Coverages.
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A.—
representalions you made to us, and Coverages.
Page 16 of 24 Form SS 00 08 04 05
SUSINESS LIABILITY COVERAGE FORM
p
(6) When You Are Added As An When this insurance is excess over other
Additional insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of.
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations,or products and completed absence of this insurance;and
operations, for which you have been (2) The total of all deductible and self-
added as an additional Insured by that Insured amounts under all that other
insurance;or insurance. '
(T) When You Add Others As An We will share the remaining loss,If any,with
Additional Insured To This any ocher insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who Is an if all the other insurance parmifs
additional insured under this Coverage contribution by equal shares,we mall follow
Part this method also. Under this approach,
(a) Primary Insurance Whan each insurer contributes equal amounts
Required By Contract until A has paid its applicable limit of
This insurance Is primary If you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first
written agreement or permit that If any of the other eisuance does not permit
this insurance be primary, If other contnbution by equal shares, we will
insurance is also primary, we will confribute by iimts. Under this method,each
share with all that other insurance insurers share is based on the ratio of its
by the method described in c. applicable-1'unit of Insurance th the total
below. applicable limb of insurance of all insurer;_
" (b) Primary And ton-Coni3ibutory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed it a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contntutory with under this Coverage Part,Those rights are
the additional insureds own I ansferrad to us. The insured must do
insurance, this Insurance is nothing after loss to impair them. At our
primary and we wHI not seek request, the insured will bring `suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs(a)and(b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additions! 'b. Waiver Of Rights Of Recovery (Waiver
Insured nas been added as an Of Subrogation)
.additional insured.
When this insurance is excess, we will if the insured has waived any rights of
have no duty under this Coverage Part to recovery against any person or
organization for all at part of anypayment
defend the insured against any"suit"if any ernsincluding Supplementary Paymerrts, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". if no other also waive that right,provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we wilt be entitled to the insured's such person or organization in a contact,
I
ights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page i7 of 24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
A Any person or organization whom you are required by contract to name as additional insured is an
"insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an
"insured"under the WHO iS AN INSURED provision of Section 11 -LIABILITY COVERAGE,
B For any person or organization for whom you are required by contract to provide a waiver of subrogation,
the Loss Condition-TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable
Form HA 99 13 0187 Printed in U S A
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KETI7' This form must he printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Joe Fielding Phone (Originator) 5518
Date Sent 4/26110 Date Required- 513/10
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30111
VENDOR NAME: The Watershed Company DATE OF COUNCIL APPROVAL: 4/20i10
Brief Explanation of Document
The attached agreement is for The Watershed Company to provide a wetland delineation, archaeological survey,
biological evaluation, design plans, cost estimate, and project management for the Meridian Valley Creek Project For
a summary, please see the attached prepared by Joe Fielding
(~e _ 4 A 3"'?1 . -
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received:
Approval of Law Dept Cl-
Law Dept Comments APR 2 6 2010
Date Forwarded to Mayor a-lab
Shaded Areas to Be Completed by Administration Staff
Received.
Recommendations & Comments:
Disposition: lz�7 6a l ` j.
Date Returned:
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