HomeMy WebLinkAboutPW11-039 - Original - Historical Research Associates, Inc. - Green River Leeve Certification Project - 12/17/2010 Records MamA -g`ern6
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KENT - = Document
WASHINGION
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: Historical Research Associates Inc.
Vendor Number:
JD Edwards Number
Contract Number: P<11- 03
This is assigned by City Clerk's Office
Project Name: Green River Levee Certification Projects
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/11
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.):
The_Consultant shall conduct a_Cultural Resources Assessment for the projects.
CM Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WASHINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Historical Research Associates Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Historical Research Associates Inc. organized under the laws of the
State of Washington, located and doing business at 1904 Third Ave., Suite 240, Seattle, WA
98101, Phone: (206) 343-0226/Fax: (206) 343-0249, Contact: Brent Hicks (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 conduct a Cultural Resources Assessment for the Green River
Levee Certification Projects. For a description, see the Consultant's November 23,
2010 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
December 31, 2011.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Two Thousand, Eight Hundred Fifty Nine Dollars ($62,859.00) 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
P 9 P
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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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 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
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
n number of counterparts,
I. Counterparts. This Agreement may be executed in any p ,
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:
By: By:
(signature) (signature)
Print Name: Pr t N Suzette Cooke
Its L/�:r Y re-lsl' P"),- I Mayor
(title)
DATE: /2-�/3//6 DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Brent Hicks Timothy J. LaPorte, P.E.
Historical Research Associates, Inc. City of Kent
1904 Third Ave., Suite 240 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 343-0226 (telephone) (253) 856-5500 (telephone)
(206) 343-0249 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
t
KeA Law Department
XRA-GA L9vees{Fie1ding
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 fulfiilll the five requirements referenced above.
77-
Dated this day of J)rrEw4f4to- 12016 .
By:
For
Title:
Date: �/V
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
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 , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
IF `
e
SEAT]LF
MMO 1LA
PORTLAND
November 23, 2010
Joe Fielding
Environmental Engineering
Public Works Department,City of Kent
220 rowrth Avenue South
Kent, WA 98032
RE Revised Proposal for Cultural Resources Assessment for Green River Levees FEMA Project
Dear Mr. Fielding:
Historical Research Associates, Inc. (HRA)is pleased to offer a proposal to conduct the above referenced
project for the City of Kent(City) This letter includes a proposed Statement of Work(SOW)for the
project as currently defined, and a Cost Estimate is attached.
As you have noted,the project is to be at least partially funded with federal funds and,therefore, must
meet the requirements of Section 106 of the National Historic Piesel-Nation Act This SOW provides
coin phance with all Section 106 requirements that can be anticipated at this time It does not provide for
formal consultation with the Native American tribes that may have an interest in the project; it is expected
that FEMA of the City will conduct formal S.106 consultation,Instead,this SOW includes assistance to
the City in defining an appiopi iate Area of Potential Effect,contacting the affected tribes to notify them
of the field survey, and, if approved by the City, inviting the tribes to observe the fieldwork. HRA also
will prov ide copies of the di aft report for the City to submit to FEMA, the affected ti ibes,and the
Washington State Department of Archaeology and Histoi is Preservation for their review.
1.0 PROJECT APPROACH
The City's Gteen Rivet Levees Project(Project)addresses the inventory requirements(Phase I) for
cultural resources compliance with Section 106 of the NHPA, The initial phase ofNHPA compliance
includes definition of the Area of Potential Effect(APE)foi the proposed project, identification of any
cultural resources within the APE that are potentially eligible for inclusion in the National Register of
Historic Places(National Regnstei), and consultation with potentially affected Native American tribes and
the State Histun is Preservation Officer(SHPO) This SOW provides for these tasks to the extent the
Project is known at this time
1904 Third Avenue
Suite 240
Seattle,WA 98101
(206)343-0226 Since 1974
FAX(206)343-0249 Researching the Past for Today's Solutions
Page 3
following their termination and recot ding,and the turf replaced.The location of shovel probes will be
documented using a Global Positioning System(GPS) instrument
5. If archaeological mates ials are found,the location and nature of cultural materials found will be
documented on a Washington Archaeological Site Inventory form Photographs will be taken to
accompany the form and a sketch map will be prepared showing any mtrasite resource patterns and
the site in relation to the surrounding topography and developments A GPS teadurg also will be
collected at an approximate center point of the site or along the boundaries of the site,where possible.
6 HRA architectural historians will conduct an inventory of potentially histoi ie buildings and structures
that are 50 years of age and older that are located in the Project area or within a one-tax-parcel-width
adjacent to the Project area This proposal and cost estimate assumes that up to 10 historic buildings
or struchnes are present that will require inventory at a reconnaissance level and assessment
according to the National Register of Historic Places or Washington I lei itage Register ci rteria.
Buildings determined to be hrstoi is will be recorded on Washington Historic Property Inventory
fours,a pielunmaiy determination of then eligibility for inclusion in the National Register of
Historic Places of Washington Heritage Register will be made,and an assessment of potential effects
to eligible properties will be made in the survey report.
7. Following the completion of the fieldwork, HRA will notify the City of the results by email. HRA
will piepaie a Cultutal Resources Technical Report summarizing the results of the protect This report
will reflect ptofessional standards foi format and content as eapiessed in the guidelines prepared by
DAHP The draft report will be submitted to the City for comment in electronic format(pdf) HRA
will make any necessary revisions to the Draft report and submit five hard copies and an electronic
version of a Final report The report will include,
• A description of the project and applicable laws and regulations,
• A swnmaty of the results of the background literature and records research,
• The methods used during the fieldwork and the results,
• A desciiption of any cultural materials found,
• A Summary assessment of potential effects to identified archaeological resouices based on our
knowledge of the resource type, soil conditions, and extent to which the proposed project may
affect the resource,
• Recommendations for completion of any additional cultural tesources compliance obligations
stenimutg fiom the results of out study,
• A section Outlining what steps the project should follow to the event of an unanticipated
discovery of Buried cultural mateiials or human remains during construction,and
• References cited
The tepott will include such tables,maps, photographs,and other graphics as are needed to depict the
full scope of the study and results. Foinis foi any iecoided tesources will be included in an appendix
to the report.
8 HRA staff will be available for telephone consultations with the City, FEMA, and DAHP,as
necessary,iegarding the project and our findings.
2.0 SCHEDULE
HRA staff can initiate the first tasks of the Project(background research, APE definition and notification
letters)within two business days of ieceipt of a written notiec to proceed (N IT) fhe fteldwoik will be
Scheduled aftci the background isearch Analysis ofthe field results and completion ofiecoided iesouicc
foims will be completed within Mo weeks of the fieldwork Submittal of a draft pioject repoit would be
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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.
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.
C I lent#:25956 HRAH ISTO
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE
snDNY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s)
PRODUCER CONTACT
NAME
Payne Financial Group,Inc. PHONE FAX
A/C No Ext A/C,No
P O Box 3327 MAIL
ADDRESS
145 West Front Street
CUSTOMER ID
Missoula, MT 59806-0638
INSURERS)AFFORDING COVERAGE NAIC#
INSURED INSURER Travelers Indemnity Co of Conne
HRA-Historical Research Associates INSURER B The Travelers Indemnity Co
P.O Box 7086 Y INSURER C Lloyds of London
Missoula, MT 59807
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER REVISION NUMBER
THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE L BR POLICY EFF POLICY EXP LIMITS
LTR N R D POLICY NUMBER MMIDDNYYY MMIDD/YYYV
A GENERAL LIABILITY X 1680475F1 632TCT1 0 1/01/2010 01/0112011 EACH OCCURRENCE $1 000 000
r DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000
CLAIMS-MADE FX OCCUR MED EXP(Any one person) $5,000
PERSONAL B AOV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $2,000,000
POLICY PRO LOC $
B AUTOMOBILE LIABILITY BA3635W36510SEL 1/01/2010 01/01/2011 COMBINED SINGLE LIMIT
(Ea accident) $1,000,000
ANY AUTO
BODILY INJURY(Per person) $
X ALL OWNED AUTOS
8001LY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS (Per accident) $
X NON-OWNED AUTOS $
$
B UMBRELLA LIAB X OCCUR ISMCUP703W52581ND1 1/01/2010 01101/2011 EACH OCCURRENCE $1 000000
EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DEDUCTIBLE $
X RETENTION 10000 $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNER/EXECUTIVE❑ E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) EL DISEASE-EA EMPLOYEE $
If yes describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT I$
C Professional AHJM107904 1/01/2010 01/011201ll $1,000,000 each claim
Liability $1,000,000 aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD III Additional Remarks Schedule,if more space is required)
Washington State Employers Overhead Liability-Policy#1680475F1632COF10 Effective
01/01/10 to 01101/11 $1,000,000 Each Accident,$1,000,000 Disease per Employee,
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Kent ACCORDANCE WITH THE POLICY PROVISIONS
220 Fourth Avenue South
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
®1988-2D09 ACORD CORPORATION.All rights reserved
ACORD 25(2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S577810/M577808 TH W 1
DESCRIPTIONS (Continued from Page 1)
$1,000,000 Disease Policy Limit.
RE: Cultural Resources Assessment for the Green River Levee Certification Projects
AMS 25.3(2009109) 2 of 2
#S577810/M577808
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies Insurance :provided under the following:
9
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY— CONTRACTORS COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended c) This Insurance does not apply to "bodily in-
to include any person or organization you are re- jury" or 'property damage" caused by "your
qulred to Include as an additional insured on this work" included in the "products-completed
policy by a written contract or written agreement operations hazard" unless you are required to
In effect during this policy period and signed and provide such coverage for the additional In-
executed by you prior to the loss for which cover- sured by a written contract or written agree-
age is sought. The person or organization does ment In effect during this policy period and
not qualify as an additional Insured with respect to signed and executed by you prior to the loss
the Independent acts or omissions of such person for which coverage is sought and then only
or organization. The person or organization is for the period of time required by such con-
only an additional insured with respect to liability tract or agreement and In no event beyond
caused by "your work"for that additional Insured. the explration date of the policy,
2, The insurance provided to the additional Insured 3. Subpart (1)(a) of the Pollution exclusion under
Is limited as follows: Paragraph Z, Exclusions of Bodily Injury and
a) In the event that the limits of liability stated In Property Damage Liability Coverage (Section I —
the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily
by a written contract or written agreement In Injury" or "property damage" arises out of "your
effect during this policy period and signed and work" performed on premises which are owned or
executed by you prior to the loss for which rented by the additional Insured at the time "your
coverage is sought, the insurance provided work" Is performed.
by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an
limits of liability required by such contract or additional Insured shall be excess over any other
agreement. This endorsement shall not in- valid and collectible insurance available to the
crease the limits stated In Section III— LIMITS additional Insured whether primary, excess, con-
OF INSURANCE tingent or on any other basis unless a written
b) The Insurance provided to the additional in- contract or written agreement In effect during this
sured does not apply to "bodily injury", "prop- policy period and signed and executed by you
erty damage", "personal injury"or"advertising prior to the loss for which coverage is sought
injury" arising out of an architect's, engineer's specifically requires that this Insurance apply on a
or surveyor's rendering of or failure to render primary or non-contributory basis. When this In.
any professional services Including: surance Is primary and there Is other insurance
available to the additional Insured from any
1. The preparing, approving or failing to source, we will share with that other insurance by
prepare or approve maps, shop drawings, the method described In the policy,
opinions, reports, surveys, field orders, 5. As a condition of coverage, each additional
change orders, or drawings and specifi- a g
cations; and insured must:
II. Supervisory or inspection activities per- a,) Give us prompt written notice of any "occur
formed as part of any related architectural rence" or offense which may result In a claim
or ongineedrg activities. and prompt written notice of"suit"
CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 Page 7 of 2
COMMERCIAL GENERAL LIABILITY
b.) Immediately forward all legal papers to us, requirement, the term 'insures against" refers
cooperate In the Investigation or settlement of to any self-insurance and to any insurer which
the claim or defense against the "suit," and issued a policy of insurance that may provide
otherwise comply with policy conditions. coverage for the loss, regardless of whether
c.) Tender the defense and Indemnity of any the additional Insured has actually requested
claim or"suit" to any other insurer which also that the insurer provide the additional insured
Insures against a loss we cover under this with a defense and/or Indemnity under that
endorsement, This includes, but is not limited policy of insurance
to, any Insurer which has Issued a policy of d.) Agree to make available any other Insurance
Insurance in which t-ie additional insured that the additional Insured has for a loss we
qualifies as an Insured. For purposes of this cover under this endorsement.
it
N
Page 2 of 2 Copyright,The Travelers Indemnity Company, 2002 CG D2 46 10 02
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life
ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability
unless modified by the endorsement. Insurance purchased with the loan or
lease; and
A. PERSONAL EFFECTS COVERAGE
SECTION III — PHYSICAL DAMAGE COVER- (e) Carry-over balances from previous loans
AGE, A. Coverage, 4. Coverage Extensions Is or leases
amended by adding the following; C. COVERAGE EXTENSION — AUDIO, VISUAL
Personal Effects Coverage AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
We will pay up to $400 for "loss" to wearing ap- OF SOUND
parel and other personal effects which are: SECTION III — PHYSICAL DAMAGE COVER-
(1) owned by an"insured";and AGE, B. Exclusions, exception paragraph a. to
(2) In or on your covered "auto"; exclusions 4,c & 4.d Is deleted and replaced with
In the event of a total theft "loss" of your covered the following
"auto" a. Equipment and accessories used with such
No deductibles apply to Personal Effects Cover- equipment, except tapes, records or discs,
age provided such equipment is permanently in-
B. AUTO LOAN LEASE GAP COVERAGE stalled in the covered "auto" at the time of the
"loss" or is removable from a housing unit
SECTION ill — PHYSICAL DAMAGE COVER- which Is permanently Installed in the covered
AGE, A. Coverage, 4. Coverage Extensions is "auto" at the time of the "loss", and such
amended by adding the following- equipment is designed to be solely operated
Auto Loan Lease Gap Coverage for Private by use of the power from the "auto's" alectri-
Passenger Type Vehicles cal system, in or upon the covered "auto"; or
In the event of a total "loss"to a covered "auto" of D. WAIVER OF DEDUCTIBLE—GLASS
the private passenger type shown in the Schedule SECTION III — PHYSICAL DAMAGE COVER-
or Declarations for which Physical Damage Cov- AGE, D. Deductible Is amended by adding the
erage is provided, we will pay any unpaid amount following:
due on the lease or loan for such covered "auto" No e "deductible for a covered auto will apply to
less the following, glass re damage If the lass is aired rather than
9 p
(1) The amount pal6 under the Physical Damage replaced.
Coverage Section of the policy for that"auto"; E. HIRED AUTO PHYSICAL DAMAGE COVER-
and AGE '
(2) Any: SECTION III — PHYSICAL DAMAGE COVER-
(a) Overdue lease/loan payments at the time AGE, A. Coverage, 4. Coverage Extensions Is
of the "loss"; amended by adding the following:
(b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten-
lease for excessive use, abnormal wear sion
and tear or high mileage, If hired "autos" are covered "autos" for Liability
(q) Security deposits not returned by the les- Coverage and this policy also provides Physical
sor, Damage Coverage for an owned "auto", then the
CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office,Inc with Its permission. Page 1 of 2
Includes the copyrighted material of The St Paul Travelers Companies, Inc.
COMMERCIAL AUTO
I
i Physical Damage Coverage is extended to tent required of you by a written contract exe-
"autos" that you hire, rent or borrow subject to the cuted prior to any "accident" or"loss", pro-
following, vided that the "accident" or"loss" arises out of
(1) The most we will pay for"loss" in any one the operations contemplated by such con-
"accident" to a hired, rented or borrowed tract.The waiver applies only to the person or
"auto"is the lesser of: organization designated In such contract.
(a) $50,000; G. BLANKET ADDITIONAL INSURED
(b) The actual cash value of the darn- SECTION II — LIABILITY COVERAGE, part A. 1.
aged or stolen property as of the time Who Is An Insured, paragraph c. is amended by
of the"loss"; or adding the following:
(c) The cost of repairing or replacing the Any person or organization that you are required
damaged or stolen property with to Include as an additional insured on this Cover-
other property of like kind and quality. -age Form in a written contract or agreement that
is signed and executed by you before the "bodily
(2) An adjustment for depreciation and injury" or"property damage" occurs and that is in
physical condition will be made In deter- effect during the policy period is an "Insured" for
mining actual cash value in the event of a Liability Coverage, but only for damages to which
total "loss". this insurance applies and only to the extent that
(3) If a repair or replacement results In better person or organization qualifies as an "insured"
than like kind or quality, we will not pay under the Who Is An Insured provision contained
for the amount of betterment. in Section ll.
(4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS
Damage deductible applicable to any SECTION N — LIABILITY COVERAGE, A. Cov-
owned covered "auto". erage, 1.Who Is An Insured is amended by add-
(5) This Coverage Extension does not apply ing the following:
to: An "employee" of yours Is an "Insured" while op-
(a) Any"auto"that Is hired, rented or bor- erating an "auto" hired or rented under a contract
rowed with a driver; or or agreement in that "employee's" name, with
(b) Any"auto"that is hired, rented or bor- your permission, while performing duties related
rowed from your"employee". to the conduct of your business.
F. BLANKET WAIVER OF SUBROGATION I. COVERAGE EXTENSION—TRAILERS
SECTION IV— BUSINESS AUTO CONDITIONS, SECTION I — COVERED AUTOS, C. Certain
A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary
Recovery Against Others To Us Is deleted and Substitute Autos, paragraph 1. is deleted and
replaced by the following: replaced by the following:
5. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000
Others To Us pounds or less designed primarily for travel
We waive any right of recovery we may have on public roads.
against any person or organization to the ex-
Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc with Its permission. CA T4 20 07 06
Includes the copyrighted material of The St,Paul Travelers Companies, Inc
REQUEST FOR MAYOR'S SIGNATURE
• Please FIII in All Applicable Boxes
KENT uJAS H I h GTON This farm 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 12/16/10 Date Required 12/23/10
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11
VENDOR NAME: Historical Research Associates, Inc DATE OF COUNCIL APPROVAL: 12/14/11
Brief Explanation of Document
The attached agreement is for Historical Research Associates to conduct a Cultural Resources Assessment for the
Green River Levee Certification projects For further explanation, see the attached summary from Alex Murillo
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received: DEL 1 7 2010 RECEIVED
Approval of Law Dept =-�`�•-•� _ ��� 1 � �� ��
1 � u _ -
Law Dept Comments / ,
tJlty of Kent
Office Of the Mayor
Date Forwarded to Mayor:
Shaded Areas to Be Completed b Administration Staff
P Y
Received: _
11
� I D-i-
Recommendations & Comments, ' I
t
0 �r KueT
Disposition:
Date Returned:
Iage5870_templatebase • 2/07