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HomeMy WebLinkAboutEC12-215 - Original - Theresa R. Dusek - Critical Area & Wetland Consultant - 10/04/2012 - ,M* Records Manageme' n� m KENO Document W ASHINGTON = 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 Clerks Office. Vendor Name: Theresa R. Dusek Vendor Number: JD Edwards Number Contract Number: V/,5� This is assigned by Deputy City Clerk Description: Critical Area & Wetland Consultant Detail- Review Wetland Delineations and final mitigation plans and other consulting service related to Critical Areas Project Name: Contract Effective Date: Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brennan Taylor Department: ECD Abstract: S Public\RecordsManogement\Forms\ContractCover\ADCL7832 07/02 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Theresa R. Dusek THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Theresa R. Dusek organized under the laws of the State of Washington , located and doing business at 3910 North Defiance, Tacoma, WA 98407, 253 861- 3355 (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: Review and Confirmation of Wetland Delineations Review of Conceptual & Final Mitigation Plans Inspection of initial plantings Inspection, comment and approval of monitoring reports Other consulting service related to the Critical Areas review and inspection of development permits Other consulting service related to environmental code enforcement of violations As attached and described in Exhibit A Scope of Work 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, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $9,999.99, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) B. The Consultant shall submit 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 (Under$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. 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 (Under$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 (Under$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. 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 ENT: ����✓�/"L B c By: y: (signature) (Sig atur ) Print Name: 7E,e r es v,- tZ 3) tks e 6z Print Name: Ben Wotters Its: s ns Its: Econ. & Comm. Development Dir. (title) f DATE:-1 0- 4- 1 '�,-- DATE: ) O / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Theresa R. Dusek Brennan Taylor, Development Engineering Mgr. City of Kent 3910 North Defiance 220 Fourth Avenue South Tacoma, WA 98407 Kent, WA 98032 253 861-3355 (telephone) (253) 856-856-5591 (telephone) facsimile (253) 856-6545 (facsimile) [In this field,you may enter the electmma flepath where the contract has been saved] '. CONSULTANT SERVICES AGREEMENT - 5 (Under$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 day of OcAol e t— , 20 1SL. By: For: Title: to�5wl`1�vtb- Date: to- I- I -L 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 R 1��se1c Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as DV\-cc_11 u3e�"cLVZA coV(5 that was entered into on the 10—q_)- (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 ©U�4ob�+� , 20 1 Z. For: Title: 5_n v • Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A THERESA R. DUSEK Assessment, 4lanagement and Regulatory Permitting 3910 North Defiance Tacoma,WA,98407 (253) 861-3355 October 1, 2012 Attn: Brennon Taylor City of Kent Economic and Community Development 220 4"' Avenue South Kent, Washington 98023-5838 RE- Critical Areas Review Consulting for City of Kent Dear Brennon, In response to your request, Theresa R. Dusek, is pleased to submit this scope of services and cost estimate for services supporting the City of Kent Critical Areas Review This scope of services and cost estimate is based on information provided by you The following scope of work would be completed as requested by the City of Kent. 1 Review and confirmation of Wetland Delineations. Typically, 8 hours for a five acre or less site at $100 per hour-for an estimated cost of$800 2. Review of Conceptual and Final Mitigation Plans Typically, 10 to 12 hours at$100 per hour for an estimated cost of$1,000 to 51,200 3. Inspection of initial plantings Typically, 8 hours for a five acre or less site at$100 per hour for an estimated cost of$800 4. Inspection, comments and approval of monitoring reports Typically, 10 to 12 hours at$100 00 per hour for an estimated cost of$1,000 to$1,200 5 Other consulting services related to the Critical Areas review and inspection of development permits 6 Other consulting services related to environmental code enforcement of violations to KCC 1106 Depends on the code enforcement issue but initial review, site visit and memorandum related to the potential enforcement action would typically require 8 to 10 hours at$100 00 per hour for an estimated cost of$800 to$1,000 If court time is required the fee would be at$150 per hour The above scope of work would be completed by Theresa Dusek at the fee of$100 per hour on a time and expense basis (except for court time, as noted in Item 6 above) We understand that the City of Kent contiact is on a time and expense,not to exceed $9,999 99 for the iemainder of 2012 Qualifications for Theresa Dusek are located in the attached resume. We anticipate that once the City requests a task in writing 1 14P-2012-10 via letter or email (with supporting documents),work would be started within two working days and would be completed within five working days, depending on the nature of the work. If you have any questions or would like to discuss this proposal in further detail, please feel free to contact me. This proposal will be valid if executed within 90 days of the date of this letter We appreciate the opportunity to provide our services to you and look forward to working with you on this project. If you have further questions my cell number is 1-253-861-5533. Sincerely, THERESA R. DUSEK Theresa R. Dusek Natural Resource Ecologist Enclosures: Agreement for Professional Services FY-12 (7/12) 1 accept the above conditions and authorize the work to proceed. By Signature (print) Date Organization 2 HP-2012-10 THERESA R. DUSEK PROFESSIONAL SERVICES AGREEMENT 1. PROFESSIONAL SERVICES Fees for services are based on the time expended on the project,including travel The fee will be computed by multiplying the number of hours worked by my hourly rate of$100 When subconsultants andlor subcontractors are used,the total cost of their services will be marked up 10 percent 2. REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to my professional services will be unvoiced at cost plus 10 percent Examples include but are not limited to expenses for out-of-town travel and living information processing equipment,instrumentation and field equipment rental,special fees and permits,premiums for additional insurance where required local mileage and parking,use of rental vehicles,taxi, reproduction,local and out-of-town delivery services,express mail and job related shipping charges and supplies 3. PAYMENT TO CONSULTANT Invoices will be submitted periodically for prior services Payment will be due upon receipt of invoice An account will become delinquent 30 days after date of billing It is agreed that a late charge will be added to delinquent accounts at the rate of three percent(3%)for each 30 days from the date of billing(provided the rate of such late charge shall not exceed the maximum allowable by the laws of Washington State,and in that case,then the highest legal rate) If you fail to make payment within 30 days of receipt,I may,after giving seven days written notice to you, suspend services 4. STANDARD OF CAREIABSENCE OF WARRANTIES Theresa R Dusek agrees that it will perform its services in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions,and in accordance with sound and generally accepted principles consistent with normal consulting practices Theresa R Dusek provides professional services,however,and nothing in this contract shall be construed to constitute an express or implied warranty,including(but not limited to)any warranty or merchantability or fitness for a particular use 5. OTHER PROVISIONS It is agreed that this contract is entered into by partied for the sole benefit of the parties to the contract,and that nothing in the contract shall be construed to create a right or benefit for any third party It is agreed that no action may be commenced by you against the Theresa R Dusek on any claim arising out of Theresa R Dusek's services under this contract,whether based on negligence or breach of contract,more than one year after the date that Theresa R Dusek has performed services under this contract Neither party shall hold the other responsible for damages or delay in performance caused by weather and other acts of nature,strikes,lockouts accidents,or other events beyond the control of the other or the others agents This agreement shall be construed pursuant to the laws of the state of Washington If any provision of this agreement is found to be unenforceable,illegal or contrary to public policy,the remaining portions of this agreement shall remain in effect and shall be enforceable One or more wavers by either party of any provision,term,condition-or covenant shall not be construed by the other party and a waiver of a subsequent breach of the same by the other party If there is a dispute between Theresa R Dusek and you concerning the performance of any provision in this agreement,the losing party shall pay the prevailing party all reasonable costs incurred in connection with the dispute,including staff time,court costs,attorneys'fees,and other dispute-related expenses If any other dispute occurs and Theresa R Dusek provides expert or fact witness testimony arising out of the performance of any provision in this agreement,whether at your request or that of any other party,you will be responsible and pay for all of our reasonable related costs,including staff preparation and testimony time,at the rates stated on page 1 Opinions of probable construction cost prepared by us are made on the basis of our experience and qualifications and represent our best judgment as an experienced and qualified professional generally familiar with the industry However,since we have no control over the cost of labor,materials,equipment,or services furnished by others,or over a contractor's methods of determining prices,or over competitive bidding or market conditions,we cannot and do not guarantee that proposals,bids,or actual construction cost will not vary for opinions of probable construction costs prepared by me if you wish greater assurance as to probable construction cost,you may employ an independent cost estimator 6. TERMINATION This agreement may be terminated by either party by seven days'written notice If this agreement is terminated,it is agreed that]shall be paid for the total charges for labor performed through the termination notice date,plus reimbursable charges,plus reasonable termination expenses to account for our cost of rescheduling adjustments,and related costs incurred due to termination 7. TOTAL AGREEMENT Our agreement with you,consisting of this Professional Services Agreement,together with our proposal and any exhibits thereto,constitute the entire agreement between Theresa R Dusek and you and supersedes all prior written or oral understandings This agreement may be amended, supplemented,modified,or canceled only by a duly executed written instrument FY 12(7/I2) 3 HP-2012-10 AMEML Ed—u—CAMry Theresa R. Dusek Mazama Pocket Gopher Training by Natural Resource Ecologist Washington Fish and Wildlife, 2011 Theresa has over 22 years of experience in critical areas protects related to wetlands, Wetland Delineation streams, wildlife,wildlife habitat, floodplams, violations, expert witness for court cases, and Manual Regional federal, state and local permitting including the City of Kent Code requirements. She has Supplement Training, worked in the public and private sectors completing the following types of projects. US Army Corps of • Wetland delineations and inventories • Regulatory review Engineers, 2008 ■ Critical areas impact assessments ■ Federal, state and local ■ Conceptual and final mitigation plans permitting Remeunng Wetland 0 Wildlife, fish and stream surveys MBiological evaluations Mitigation Plans, Coastal Training Theresa work for the City of Tacoma as a consultant and as City staff as a senior Institute, 2007 environmental specialist for five years. During this time she was responsible for technical review and writing permit decisions for approval of the Land Use Administrator Strategies for Dealing and or staff decisions associated with environmental reviews including SEPA, Shoreline unth Sensitive Areas Code, and Critical Areas Code. She was also responsible for responding to potential and Regulations, violations and guiding property owners into resolution of confirmed violations or 1993 providing assistance to City legal staff if property owners were uncooperative. Masters of Recent Project Experience Environmental Yu Violation Resolution and Permitting—Assisted a property owner in resolving a Studies, The wetland fill violation the tenants implemented. Prepared technical documents and perrmt fEvergreen State applications and acquired approvals from the City of Auburn, Fish and Wildlife, Ecology and College, 1992 U S Army Corps of Engineers. Assisted with selection of the contractor, restoration monitoring, and will write the construction complete letter in September 2012 and complete Wetland Delineation, five year of monitoring. Soils and Hydrology, and Wetland Totem Ocean and Trailer Express Armored Shoreline Maintenance—Prepared Distrubed and environmental checklist, DARPA, and biological evaluation for maintenance of an armored Problem Areas, shoreline in the Blair Waterway at the Port of Tacoma. Acquired permits from the Port of Wetland Training Tacoma (SEPA lead), City of Tacoma for shoreline and critical area exemption, Fish and Institute, 1991 Wildlife HPA, and Nationwide Permit from the U.S. Army Corps of Engineers. Bachelors of Science Titlow Park Improvements—Prepared wetlands, streams, shorelines, Fish and Wildlife in Geology, Western Habitat Evaluation, Forestry Study, Mitigation and Stewardship Plan, and permit assistance Washington University, 7 986 for Tacoma Metro Parks. Registrations City of Des Moines Permit Assistance—Completed review of a complicated project with multiple layers of permitting,violations and safety issues Clearing of steep slope resulted in Pierce County violations of clearing and grading codes, SEPA, critical areas and shoreline codes The Wetland, Wildlife and project became complicated by slope instability that threatened the onsnte residence and Rshenes Specialist surrounding area Reviewed all documents from the posting of the violation through draft staff reports to issue permits to stabilize the slopes; thereby, protecting the residence and Professional surrounding area. Once the safety issues were resolved through permit issuance and Affiliations construction by the property owner I was retained to review staff process,procedures, technical reports submitted by the property owner and regulation changes where the project Planning was not vested. Prepared an expert witness technical report for use in court by the City, Commissioner City of and provided a deposition which resulted in resolution of the case out of court Tacoma Society of Wetland Kentridge Parking Lot Improvements— Completed wetland delineation, buffer Scientists averaging plan and buffer restoration due to over 50 percent of the buffer being Tahoma Audubon composed of invasive species Monitored construction and acquired City approval for Board Member construction changes due to concrete slabs and debris in the buffer impeding planting of the buffer. Past Project Experience Department of Transportation SR-16 Sprague Avenue Westbound Improvements — As the City Senior Environmental Specialist, Theresa, reviewed the application materials and issued comments and a technical memorandum to the staff lead regarding critical areas code compliance for wetland impacts and mitigation. Start Grad Short Plat— As the City Senior Environmental Specialist, Theresa, reviewed the application where the short plat proposed extension of utilities across steep slopes, wetlands, and a stream As the responsible staff she prepared the SEPA determination, and critical areas permit draft decision routed the determination and draft decision for comments to agencies and the public, fmahzed and issued the SEPA determination and critical area permit with conditions. As the technical staff she also reviewed the wetland delineation for accuracy, and the mitigation plan for consistency with code requirements and ability to be constructed successfully. Haley Violation—As the City Senior Environmental Specialist, Theresa, investigated the violation, prepared the violation letter after the City compliance officer posted the stop work order at the property. The property owner scheduled a meeting and finally applications for SEPA, and critical areas permit for resolution of a violation that filled wetland and a channel that caused local flooding The applications were approved with conditions to restore the channel, wetland and wetland buffer Yellowtail Wetland Impacts—As the City Senior Environmental Specialist, Theresa, met with the property owner who proposed to expand a residence located totally in a Category I wetland buffer Assisted the property owner in understanding code requirements and clarifying that removal of a storage building and planting the area with native vegetation would be acceptable but would need to be prepared by a qualified biologist. Accepted and processed the applications for critical area permit Sound Transit Tacoma to Lakewood—As the City Senior Environmental Specialist, Theresa, reviewed the wetland and stream delineation report and verified the wetland boundaries and stream ordinary high water mark Once the wetland was verified Sound Transit submitted application for a critical areas permit with mitigation offsite and outside of the City of Tacoma She reviewed the application materials, prepared the public and agency comment document, forwarded the comments to the applicant and received and reviewed the responses and issued the draft critical areas permit for the Land Use Administrators approval and signature. Coordination with the stormwater division was significant and required the project to meet the storm manual and critical areas hydrologic conditions requirements EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ' Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate 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. ACC>RV CERTIFICATE OF LIABILITY INSURANCE DATE(MM DD YYYY) �� 10/03/2012 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(ies)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 endorsements. PRODUCER NAME Shelly Relten PHOAmerican Underwriters (A(C N 253 73-1415 N 253 73.8862 6429 South Tacoma Way E-MAIL shell merican-underwdters.com Tacoma,WA 98409 INSURE S AFFORDING COVERAGE NAICC INSURER Rockhill Insurance Company INSURED INSURER B: Theresa Dusek INSURER 3910 N Defiance St INSURER D Tacoma,WA 98407 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER, 00005592-0 REVISION NUMBER 1 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 1 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POUCYNUMBER MM/DD MMIOD A GENERAL LIABILITY Y N RPKGE00707500 10/01/2012 10101/2013 EACH OCCURRENCE $ 1 000 000 _x1 COMMERCIAL GENERAL UABILITY DAMAGE ORIENTED $ 50,000 CLAIMS-MADE O OCCUR MED EXP(Any ono Person E 5,000 PERSONAL&ADV INJURY $ 1 00O 000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPUUEES PER PRODUCTS-COMPIOP AGG $ 2000000 X POLICY cT r ILOC $ B AUTOMOBILE LIABIUTY N N COMBINED SINGLE LIMIT NO CV ANY AUTO BODILY INJURY(Per Person) $ NO CV ALL OWNED AUTOS AUTOSSCHEDULED I BODILY INJURY(Per amdenl) S NO CV HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS w S No Cv $ B X UMBRELLA LIAR OCCUR N N EACH OCCURRENCE 1$ No CV EXCESS LIAR I X CLAIMS•MADEI AGGREGATE I$ No Cv DED N E B WORKERS COMPENSATION N X WC STATU- IOTH- AND EMPLOYERW LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ELEACH ACCIDENT S No CV OFRCERMEMSER EXCLUDED? NIA (Marida"InNH) N EL DISEASE-EA EMPLOYE S No CV If yes.des cribe under DESCRIPTION OF OPERATIONS Cebu EL DISEASE•POLICY LIMIT $ No CV A Professional Liabili N N RPKGE00707500 10101/2012 10/0112013 Aggregate 1,000,000 A Pollution Liability I N N RPKGE00707500 10/0112012 10/01/2013 Aggregate j 1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AddMonsl Remarks Schadule,If mom spx Is rowtrad) City of Kent is an additional insured perform CG 20 10 07 04,attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Economic&Community Development ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE SRR ©1988-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Printed by SRR on October 03,2012 at 1104AM POLICY NUMBER RPKGE00707500 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izatio n s : Locations Of Covered Operations City of Kent All work performed by the named insured. Economic&Community Development 220 4'Ave S Kent,WA 98032 Information required to complete this Schedule, if not shown above,will be shown in the Declarations A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after caused, in whole or in part, by. 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed, or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project CG 20 10 07 04 ©ISO Properties, Inc, 2004 Page 1 of 1 ❑