HomeMy WebLinkAboutEC12-241 - Original - Raedeke Associates, Inc. - Critical Area Consultant - 09/05/2012 8 _ 4141111 s
Records Man.agemen-t -
* T 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: Raedeke Associates Inc Vendor Number: JD Edwards Number
Contract Number: eC 1 a - 2 y '
This is assigned by Deputy City Clerk
ti
Description: Critical Area Consultant
Detail:
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:
5 Pubhc\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
KENT
Was Hircror.
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Raedeke Associates, Inc
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Raedeke Associates, Inc. organized under the laws of the State of
Washington, located and doing business at 9510 Stone Avenue N., Seattle, WA. 98103, 206-
525-8122 (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:
Raedeke Associates, Inc. will provide on-call consulting services for review of
wetland and wildlife field investigations and documentation prepared per
requirements of City of Kent environmental regulations. Expected costs for various
listed services are listed in the attached Exhibit A. Expected average turnaround
time for completion of our initial review and written comments will be 5 to 10
working days from date of receipt of maps and other technical reports or
documents that may be necessary for conducting our evaluation.
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.
CONSULTAl CITY OF KENT:
By: By: Rto,—
(signa ure) (sf nature)
Print Na e: Print Name: Ben Wolters
Its: Its: Econ. t Comm. Dev. Depart. Dir.
(title)
DATE: I7itJ y' DATE: 91 )
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Emmett Pritchard Brennan Taylor, Dev Eng. Mgr
Raedeke Associates, Inc. cc: Julie Pulliam
9510 Stone Ave. N. City of Kent
Seattle, WA 98103 220 Fourth Avenue South
Kent, WA 98032
(206) 525-8122 (telephone)
(facsimile) (253) 856-5591 (telephone)
253 856-6754 facsimile
[In this field,you may enter the eleotronk f lepath where the contract has been saved]
1
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 t fulfill the five requirements referenced above.
Dated this day f NJ , 20 �!
By:
For: U —
Title:
Date:
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 FAMd-K-C A SSc�Cr�T � �il(C
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
� 4t v)�-
Wetland Science
Wildlife Ecology
Landscape Architecture
August 31, 2012
Mr. Brennan Taylor, P.E.
City of Kent
Development Engineering/Economic & Community Development
400 West Gowe Street
Kent, WA 98032
RE: Agreement for Professional Services
City of Kent On-Call Consulting Services—Wetlands and Wildlife
(R.A.I. Project 92012-042-001)
Dear Mr. Taylor:
We are pleased to submit the following time and materials agreement for biological
consulting services for the above-named project.
The Scope of Services portion of this Agreement is based upon discussions with you and
our understanding of the work needed as of the date of this document. If this scope has
changed, please notify our office immediately so that we can update this Agreement to
reflect the services needed
In order to authorize work to begin, please provide us with the appropriate contract
documents for signature along with a list of other items required,as applicable.
Thank you for the opportunity to submit this proposal. We look forward to working with
you on this project. If you have any questions,please contact me directly at(206) 525-
8122
Respectfully submitted,
RAEDEKE ASSOCIATES, INC.
Emmett Pritchard
Principal
Wetland Ecologist
Cc. Ms. Julie Pulliam, City of Kent Economic and Community Development
Attachments
9510 Stone Avenue N. Seattle, WA 9810E 206-525-8122 www.raedeke.com
RAEDEKE ASSOCIATES, INC.
9510 STONE AVENUE NORTH
SEATTLE,WASHINGTON 98108
(206)525-8122
FAX (206)526-2880
Professional Services Agreement
Scope of Services
This document shall serve as an Agreement for Professional Seances between Raedeke
Associates, Inc and The City of Kent for the project known as
City of Kent On-Call Consulting Services—Wetlands and Wildlife
R.A.I. Project#2012-042-001
PROJECT SUMMARY
This Agreement authorizes Raedeke Associates, Inc to provide on-call consulting services rto
provide third-party peer review of wetland and wildlife field investigations and documentation
prepared per requirements of City of Kent environmental regulations Expected costs for various
listed services are listed below Expected average turnaround time for completion of our initial
review and written comments will be 5 to 10 working days from date of receipt of maps and other
technical reports or documents that may be necessary for conducting our evaluation
SERVICES TO BE PROVIDED
Project initiation, including initial correspondence and scoping with client and project
consultants,
Review and confirmation of wetland delineations Expected cost $800 00 to
$1,500 00,
• Review of Conceptual and Final Mitigation Plans Expected cost $500 00 to
$800 00,
Inspection of initial mitigation plantings Expected cost $700 00 to$1,000 00
Inspection, comments and approval of monitoring reports Expected cost $800 00 to
$1,500 00,
• Other consulting services related to the Critical Areas review and inspection of
development permits Expected cost $500 00 to$800 00,
• Other consulting services related to environmental code enforcement of violations to
KCC 11 06 $800 00 to$1,500 00,
• Associated project administration,
Project expenses, including costs for travel, mileage (federal rate), faxes,
reprographics, courier services and other supplies
Raedeke Associates, Inc August 31, 2012
Professional Services Agreement—Scope of Services Page 1
City of Kent On-Call Consulting Services— Wetlands and Wildlife 2012-042-001
CLIENT RESPONSIBILITY
Completion of the services described above is based upon timely receipt from the City of Kent or
their consultants of maps and other technical reports or documents that may be necessary for
conducting our evaluation
COMPENSATION
Raedeke Associates, Inc will invoice for services on a Time and Materials basis at the rates in
effect at the time of this Agreement
Estimated cost of providing services as described in this Agreement is $10,000.00 Invoices will
reflect costs for actual hours and expenses incurred
We expect consulting tasks to be performed by Emmett Pritchard, Chris Wright, and Rick
Lundquist which range from Staff Scientist to Associate level, depending on specific expertise
required See attached Statement of Qualifications for their qualifications and experience Other
technical and support staff may be involved as appropriate
Hourly Rates
Principal $195 00
Associate/Sr Scientist $153 00
Sr Scientist/Planner $125 00
Staff Scientist/Planner $110 00
Technical Staff III $95 00
Technical Staff II $87 00
Technical Staff 1 $65 00
Project/Contract Administrator $85 00
Technical/Adman Support Staff $65 00
Field Technician $55 00
Expenses
Vehicle Mileage $0 55 per mile
Fax $0 50 per page
Photocopies(black&white) $0 10 per page
Pnnts/plots (8-1/2 x 11, color) $2 00 per page
Prints/plots (11x17, color) $3 00 per page
Prints/plots (24x36, color) $12 00 per page
The estimated cost is valid for tasks specifically described above To ensure that needed tasks
are included, please carefully review the Exclusions, Additional Services, and Change Order
sections of this Agreement, if provided Request to perform tasks not included in this Agreement
will result in production of a Change Order for extra fees associated with the completion of the
additional requested tasks and may result in project documents being held until such Change
Order and associated retainer are received The Client Responsibility section provides details of
documents or files to be supplied before services can be completed, please review to ensure
compliance with these requirements
Raedeke Associates, Inc August 31, 2012
Professional Services Agreement—Scope of Services Page 2
City of Kent On-Call Consulting Services— Wetlands and Wildlife 2012-042-001
Wetland Science
Wildlife Ecology
o Landscape Architecture
August 31,2012
Mr. Brennan Taylor, P.E.
City of Kent
Development Engineering/Economic&Community Development
400 West Gowe Street
Kent, WA 98032
RE: RFQ for City of Kent On-Call Consulting Services—Wetlands and Wildlife
Dear Mr.Taylor
We are pleased to submit the enclosed Statement of Qualifications for your consideration for the on-call
consulting services
We have a multi-disciplinary staff of scientists skilled in a variety of biological and ecological fields
relating to natural terrestrial and aquatic systems,natural resource management and restoration,wildlife
ecology, and landscape architecture. In particular,we have a wealth of experience in addressing
wetland and wildlife-related issues in the Puget Sound lowlands.
As the attached Statement of Qualifications shows,we have developed extensive experience in the
Pacific Northwest over the last 30 years on projects ranging in size from less than one acre to several
thousand acres for public and private clients. The enclosed package includes a brief company profile
and description of our wetland-related services, summaries of representative projects,resumes of key
staff, and company references. Key staff for this project includes
G Emmett Pritchard,Wetland Ecologist
Christopher W. Wright, Soil and Wetland Scientist
Rick Lundquist, Wildlife Biologist
We appreciate the opportunity to present this information to you and look forward to working
with you and addressing your environmental services needs If you have any questions or need
additional information please contact me at(206) 525-8122 or via email at
rwlundquist ,redeke com
Sincerely,
Richard W. Lundquist,M.S
Vice President,Principal-m-Charge
Raedeke Associates, Inc.
Ph. 206-525-8122
Email: rwlundquistna,raedeke.com
9510 Stone Avenue N. Seattle, WA 9s1o8 206-525-8122 www.raedeke.com
Wetland Science
Wedeke;,.,, Wildlife Ecology
Landscape Architecture
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Statement of Qualifications
9510 Stone Avenue North Seattle, WA 981o8 206-525-8122 www.raedeke.com
Statement of Qualifications
Wedeke! I iHn
Company Profile
Raedeke Associates, Inc. was started in 1979 to provide unbiased scientific assessments of complex
natural resource issues We have a multidisciplinary team skilled in environmental analyses, sensitive
areas identification, wetland delineation, assessment, pernutting, and mitigation, plant and animal
community studies, and landscape architecture design and implementation Our founder and senior
Principal,Dr Kenneth Raedeke, is on the faculty at the University of Washington Association with the
Umversrty enables us to utilize faculty and associated resources, as needed, for expert consultation and
field assistance,and ensures that our staff members are up-to-date on the latest environmental issues and
scientific methodologies
Our character, integrity and objectivity have allowed us to become a well-respected member of the
consulting community We are strongly committed to including these qualities in every aspect of the
work we perform Our reports convey the professional, objective, scientific approach we use in our field
studies and data analyses These reports clearly identify resource issues and options for the client and
are designed so that information is readily accessible, understandable, and formatted to meet the
requirements of federal, state, and local agencies
Our clients include government agencies,public utilities,tribes,conservation and environmental groups,
private landowners and developers, and the resource industry We maintain strong contacts with a
range of environmental agencies and do not hesitate to seek the guidance of these agencies in resolving
issues or for additional technical assistance We have continuing relationships with clients that have
spanned nearly the entire history of our company As wetland, wildlife, and green design specialists, it is
our goal to assist the client in determining their information needs and providing cost-effective options
to achieve the desired results
For the City of Kent on-call wetland and wildlife consulting,key staff include
—Richard W Lundquist,Vice President, Principal-in-Charge(email rwlundquistCa�raededeke com)
—Christopher W Wright, Soil and Wetland Scientist
—G Emmett Pritchard,Wetland Ecologist
Our experienced staff, with their diverse skills, can provide an integrated approach to wildlife, fish,
wetland,and habitat issues throughout the Pacific Northwest
• Wetland Inventory,Assessment,&Mitigation
• Aquatic Habitat Inventory&Assessment
• Environmental Documentation&Permitting
• Plant Community Inventory&Assessment
• Wildlife Inventory and Assessment
• Wildlife Management &Habitat Conservation Plans
• Habitat Monitoring
• Landscape Design&Implementation
• Interpretive&Educational Services
9610 Stone Avenue North Seattle,WA 9810E 206-525-8122 www.raedeke com
Statement of Qualifications
Technical Services
WETLAND INVENTORY,ASSESSMENT,&MITIGATION
Wetlands are a key resource issue in the Pacific Northwest They are a focus of heightened
environmental concern and have been the subject of considerable regulation and legislation We are one
of the Pacific Northwest's most experienced wetland consulting firms,having performed approximately
4,000 individual wetland assessments on over 1,500 projects in the Puget Sound region We stay
current on wetland regulations and management trends across a broad range ofjurisdictions, and
deliver detailed, unbiased assessments Our wetland services include the following
• Wetland and stream identification,delineation,categorization, &mapping
• Evaluation of wetland functions &values
• Hydrologic monitoring of wetlands
• Assessment of impacts on wetland systems,including quantitative analysis of hydrologic modeling
• Wetland permitting issues at the local, state,&federal levels
• Wetland mitigation,enhancement,&restoration design and implementation
• Wetland mitigation monitoring&contingency implementation
• Interpretive &educational materials
AQUATIC HABITAT INVENTORIES AND ASSESSMENTS
Raedeke Associates, Inc.has conducted ecological inventories of aquatic habitats and prepared
assessments of potential project impacts Our studies have focused on stream habitat inventories,
environmental assessments and review of regulatory issues,project permitting, and habitat restoration
and habitat management plans We have conducted numerous surveys of aquatic and terrestrial
habitats for amphibians and assessed project impacts on aquatic habitat conditions For specific surveys
of fish use and impact assessment, we often team or subcontract with fisheries biologists, as needed
given project requirements and objectives We have also prepared documentation and permit
applications for Hydraulic Project Approvals (HPA), as well as Biological Evaluations and Assessments
(BEs and BAs) for the U S Army Corps of Engineers and National Marine Fisheries Service pernuttmg
process for projects potentially affecting habitat of listed species Examples of services offered include
• Evaluations of existing conditions to determine stream classifications&buffers
• Systematic searches of aquatic and terrestrial habitats for occurrence of amphibians
• Stream surveys to determme suitability for use by salmomds
• Restoration of riparian habitats to improve fish passage and habitat conditions
• Preparation of hydraulic project approval(HPA)documentation
9510 Stone Avenue North Seattle,WA 98103 206-525-8122 www.raedeke.com
� Statement of Qualifications
. i .
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Technical Services
ENVIRONMENTAL DOCUMENTATION AND PERMITTING
Raedeke Associates, Inc.has served as both a team member and as the lead consultant on many types
of environmental documents at the national, state, and local levels We have prepared SEPA checklists,
Environmental Impact Statements (EIS) directed under SEPA and NEPA, Biological Assessments
(BAs)and Biological Evaluations(BEs) for threatened and endangered species, and technical appendices
to EIS documents
We have prepared Hydraulic Project Approvals (HPAs) and Forest Practice Applications (FPAs) for
timber management and development projects,Joint Aquatic Resources Permit Applications (JARPAs)
for projects affecting wetlands and streams, and Section 404 wetland fill and nutigation permits, and
other permit applications for habitat management actions on private lands
PLANT COMMUNITY INVENTORY AND ASSESSMENT
Raedeke Associates, Inc.has conducted inventories of plant communities and wildlife habitat for
projects throughout Washington and the Pacific Northwest Our studies have focused on plant
community inventories,cover type mapping and characterization,impact assessments, threatened and
endangered plant species inventories under the guidance of the Endangered Species Act(ESA),and
monitoring and management of invasive or noxious species Investigations have involved both
qualitative and quantitative characterizations, including,where appropriate, multi-year monitoring of
plant community responses to changing conditions and multivariate analysis of observed patterns
Project sites have ranged from small plots for private landowners to thousands of acres as part of
Environmental Impact Statements for public utility projects as well as private mixed use developments,
to nearly half a million acres for Habitat Conservation Plans Our investigations are designed to help
the landowner avoid,mmmmize,rectify, or compensate for impacts to habitat and plant communities of
special interest or concern
WILDLIFE INVENTORY AND ASSESSMENT
Raedeke Associates,Inc.has conducted over 300 wildlife population and habitat evaluation studies
throughout the Pacific Northwest and Canada These studies have ranged from one-day wildlife
surveys on small parcels to multi-year, detailed studies of wildlife populations on large tracts of land.
Our staff has regionally and nationally recognized expertise in forest buds (including spotted owls,
marbled murrelets,and raptors),cavity nesting birds,large mammals (including deer and elk),and
colonially nesting seabirds Our wildlife services include the following
• Inventories of animal communities,including surveys of birds, mammals,reptiles,and amphibian
• Threatened and endangered species inventories &assessments
• Wildlife habitat&population assessments
• Evaluation of the behavior,physiology,&nutrition of wildlife populations
• Wildlife habitat use&movement studies
• Wildlife habitat impact&mitigation assessment using various quantitative evaluation techniques
9510 Stone Avenue North Seattle,WA 9s1os 206-525-8122 www.raedeke.com
Statement of Qualifications
eaedeke
Associate Technical Services
WILDLIFE MANAGEMENT PLANS
In addition to the need for wildlife habitat management plans to meet specific regulatory requirements,
private landowners often need assistance in the preparation of such plans to meet their land
management objectives There is an increased recognition of the potential for management of wildlife
on private lands and the need to incorporate wildlife considerations in overall land management
objectives Our staff has prepared a variety of management plans for our clients, including
• Bald eagle habitat management plans for public&private forest lands
• Wildlife management plans per the State's Private Lands Wildlife Management Act
• • Elk&deer population assessment&management plans for public and private lands
• Wildlife habitat restoration plans for parks, urban developments,&commercial forest
• Land stewardship plans for protection and management of open space to benefit wildlife
HABITAT CONSERVATION PLANS
The Endangered Species Act (ESA)has provisions for the development of Habitat Conservation Plans
(HCPs)for private lands to allow for increased protection of listed species while at the same time
providing for natural resource management
Raedeke Associates, Inc played a lead role in the development of several approved large scale multi-
species HCPs for private forest lands We have also assisted landowners in the monitoring and
evaluation of the land management practices under the approved HCP,and in development of site-
specific mitigation for approved impacts Our services provided include
• Field surveys&inventories of threatened or endangered species
• Preparation of technical appendices for the HCP documents
• Development of habitat enhancement&protection strategies
• Coordination of the actual HCP documentation process with regulatory agencies
HABITAT MONITORING
Raedeke Associates, Inc.has been active in monitoring many wetland mitigation and wildlife habitat
enhancement projects We have monitored or are still continuing to monitor numerous wetland
mitigation sites around the Pacific Northwest, including several large residential and commercial
developments in the greater Puget Sound area Monitoring efforts include quantitative evaluation of
performance standards and monitoring and management of invasive or noxious weed species, and where
necessary,development and implementation of contingency plans We are experienced in writing
technical reports documenting the progress of each mitigation site on a pre-determined schedule,which
may be as long as 10 years or more We have conducted spotted owl population and habitat monitoring
for a Habitat Conservation Plan on over 400,000 acres and a 17-year deer and elk population and habitat
monitoring study on private timber lands
9510 Stone Avenue North Seattle,WA 981os 206-525-8122 www.raedeke.com
. .
Statement of Qualifications
pe
Technical Services
LANDSCAPE DESIGN AND IMPLEMENTATION
Raedeke Associates, Inc.has extensive experience in landscape planning and design,including
development of planting plans for habitat restoration and mitigation projects We have a licensed
Landscape Architect on staff and who has been involved in all phases of project development, including
land use master planning,park and urban design,and urban development Our landscape architecture
services include
• Habitat mitigation&restoration plans for wetlands, streams,and disturbed areas
• Community workshops
• Parks,playgrounds,K-12 schools
• Master Planning
• Landscape and streetscape design for residential,commercial&mixed use
• Construction supervision and monitoring
• Low impact &green roof designs
INTERPRETIVE AND EDUCATIONAL SERVICES
Many of the natural resource assessments we perform are for residential and other developments in
urbanizing areas As part of the permitting process the proponents are often required to provide
information for the public on the natural resources of the site We have designed interpretive signs for
hiking trails,wetland preserves,and environmental learning centers
Our staff has working relationships with sign fabricators and can advise clients as to the material
choices and vandalism issues inherent to outdoor signs We have provided our clients with a variety of
mterpretn e and educational products to meet these needs,including
• Interpretive signs describing unique wildlife&habitat features
• Interpretive displays describing wetland mitigation projects
• Brochures explaining wetland&wildlife habitat functions
9510 Stone Avenue North Seattle, WA 9s ios 206-525-8122 www.racdeke.com
Statement of Qualifications
0aedeke. , i
OV Associates,
1341 Qualifications Summary
Years of Professional
Name Education Experience Specialties
Ken Raedeke Ph.D.,Wildlife Ecology, 42 Wildlife population dynamics;
1979 conservation of endangered
B.S ,Wildlife Biology, species; international wildlife
1970 conservation
Rick Lundquist M.S.,Wildlife Science& 32 Avian ecology;wetland ecology,
Forest Management, restoration, and monitoring;forest
1988 wildlife management, ecology of
B.S.,Wildlife old-growth forests
Management &
Recreation, 1980
Dale Herter M.S.,Wildlife 34 Endangered species management;
Management, 1982 avian biology; marine mammal&
B.S., Wildlife Biology, seabird ecology;wildlife census
1978 techniques
Chris Wright B.S.,Soil&Water 21 Wetland ecology;wetland
Sciences, 1991 restoration and monitoring;
wetland creation&mitigation;
hydrologic monitoring; sensitive
area permitting
Anne Cline B.S.,Wildlife Biology, 4 Environmental design; computer-
1998 aided drafting;landscape
M.L.A.,Landscape architecture;reclamation plans
Architecture, 2004
Emmett B.S.,Forestry, 1984 18 Wetland delineation;wetland
Pritchard impact analysis;wetland
mitigation and monitoring
Sharon Wright B.A.,History 27 Business management
A.A.,Business, 1999
9510 Stone Avenue North Seattle,WA 981o3 206-525-8122 www.raedeke.com
Statement of Qualifications
iWedeke,, agi
Associates Partial Client List
PUBLIC AGENCIES PRIVATE INDUSTRY
US Forest Service enXco
U S Fish&Wildlife Service Quadrant Homes
U S Army Corps of Engineers Lowe Enterprises
Bureau of Land Management Pacific Properties, Inc
National Park Seri ice Olympic Property Group
Bureau of Indian Affairs Jenamar Communities LLC
Washington Dept of Fish&Wildlife Cascadia Project LLC
City of Auburn Members Club at Aldarra
City of Bellevue Trendwest, Inc
City of Bothell Port Blakely Communities
City of Everett
City of Fife
City of Seattle FOREST&MINERAL PRODUCTS INDUSTRY
Metro Parks Tacoma
Tacoma Public Utilities Plum Creek Timber Company
King County Facilities Management Hancock Forest Management
King County Housing Authority The Campbell Group
Weyerhaeuser Corporation
Snohomish County Public Works
Edmonds School District Olympic Resource Management
Mukilteo School District Port Blakely Tree Farms
Northshore School District Merrill & Tree Farm
British Columbia Fish and Wildlife Service Cadman, Inc
Kenya Wildlife Service Rio Tinto
CONSERVATION&NON-PROFIT GROUPS TRIBAL ORGANIZATIONS
The Nature Conservancy Muckleshoot Tribe
The Trust for Public Lands Quwnault Indian Nation
The Brainerd Foundation Yakama Indian Nation
Rocky Mountain Elk Foundation Suquamish Tribe
Evergreen Legal Services Klamath Tribes
East King County Habitat for Humanity Coeur d'Alene Tribe
Sealaska Corporation
9510 Stone Avenue North Seattle,WA 9s 109 206-525-8122 www.raedeke.com
I • Statement of Qualifications
Example Projects
Recent Projects (active within the last 5 years):
Sunset Drive Commercial Development, Bellingham,WA. Raedeke Associates,Inc completed
wetland delineations and impact assessment, and developed and implemented wetland mitigation plans,
which were approved by federal, state, and local agencies for this 22-acre commercial project in
Bellingham,Washington We obtained Section 404/401 wetland permits and approvals from federal
and state agencies for the project We also conducted 5 years of a 10-year long-term monitoring
program of the wetland mitigation site and obtained early release of the site from further monitoring
due to its success
Ash Way Urban Center, Snohomish County,WA. RAI delineated wetlands and streams, deternuned
wetland ratings using the WDOE wetland rating system for western Washington and required buffers
under the Snohomish County Critical Areas Regulations (SCC 30 62) on this 9-acre site in Snohomish
County We evaluated project impacts,prepared applications to obtain Section 404/401 permits, and
completed a biological evaluation of project impacts on listed fish and wildlife species In addition, RAI
provided landscape architectural design services for a wetland and stream restoration/mitigation plan
integrated with an overall site landscape plan This site is pedestrian-oriented to take advantage of an
adjacent regional Park and Ride transit station Work to date includes design of a wetland trail,
interpretive signage,all wetland restoration and mitigation planting, roadway plantings, and urban
space design for all outdoor public areas
City of Seattle Meyers Way Remainder Property. Under contract with the City of Seattle,RAI
completed wetland delineations for this 38 5-acre property for submittal to the U S Army Corps of
Engineers We also prepared an interpretive sign for wetlands and wildlife within the property
121"Avenue Sidewalk Improvements, Kirkland,WA. As part of a consultant team under contract
with the City of Kirkland, RAI completed a wetland and buffer impact assessment, and developed
wetland buffer mitigation plans and construction documents,which have all been approved by the City
of Kirkland, for this road improvement project Additional tasks include compliance monitoring for
implementation of the buffer mitigation plan and preparation of an interpretive sign for the City
Quendall Terminals Redevelopment EIS,Renton,WA. As part of a consultant team under contract
with the City of Renton, RAI prepared an assessment of wetlands and riparian habitat for a SEPA EIS
for redevelopment of this 22-acre site along the shoreline of Lake Washington in the City of Renton As
part of our assessment,we reviewed a wetland assessment prepared by the applicant's consultant Our
work was conducted as part of a team under contract to the City of Renton, and our report became a
technical appendix to the Draft EIS for the project We also prepared responses to public comments as
part of the Final EIS for the project
Rottler Manufacturing Building Expansion,Kent,WA. RAI conducted a wetland and stream
delineation and assessment for a proposed expansion of a manufacturing facility on this 4 3-acre
property within the Green River valley in Kent,Washington Studies included preparation of a
biological e,,aluation of impacts to listed fish and wildlife species We also prepared a buffer
enhancement plan and conducted compliance monitoring of the implementation of the plan
Morgan Kame Terrace Mine EIS,Black Diamond,WA. As part of a consultant team under contract
with the City of Black Diamond, Raedeke Associates, Inc assessed impacts of a proposed 56-acre
expansion of an existing sand and gravel mine for the City of Black Diamond, Washington, on plants
and animals As part of an EIS for the City, tasks included assessment of impacts on Rock Creek and its
associated wetlands, a nearby bald eagle nest,and the local elk population and habitat use
9510 Stone Avenue North Seattle,WA 98108 206-525-8122 www.raedeke.com
Statement of Qualifications
Saedekei!.',im
qqV2� Associates,
Example Projects
Radiance Division IV Review,Fife, WA. At the request of the City, RAI conducted a third-party
review of a portion of a wetland boundary on this development site Tasks included wetland
delineation, deternunation of wetland rating using the revised WDOE rating system for western
Washington, analysis of buffer functions and conditions, meetings with the City and Puyallup Indian
Tribe staff,attendance at City Council meetings, and review of buffer restoration options
Tukwila South Commercial Development,Tukwila,WA. Raedeke Associates, Inc conducted
investigations of wetlands, wildlife, and plant communities on a 498-acre property along the Green
River in the City of Tukwila, King County,Washington as part of a SEPA EIS We delineated
wetlands and secured federal and state agency verification of boundaries, ratings, and functional
assessments Wildlife studies included investigations of the potential for use of the site and vicinity by
threatened and endangered species We prepared technical appendices for the project EIS and wetland
mitigation plan based on a wetland functional assessment of the existing wetland habitats on-site using
the Washington State Functional Assessment Methodology(INAFAM)to develop appropriate
mitigation for proposed impacts to wetlands In collaboration with project fisheries biologists,we
assisted in the de,,elopment of mitigation plans for off-channel salmomd habitat along the Green River
levee and stream channel restoration of the Johnson Creek ditch Incoordination with other project
team consultants, tasks included preparation of application packages for state and federal permits under
Sections 404 and 401 of the Federal Clean Water Act Current tasks include implementation of the
mitigation plans in coordination with the project landscape contractor
Hawks Prairie North,Lacey,WA. Raedeke Associates,Inc completed a wetland assessment and
developed wetland mitigation plans for this 267-acre residential project in Lacey,Washington This
included review and revision of wetland delineations prepared by others in response to City comments
We investigated wildlife use of the site and prepared a bald eagle management plan,which was
approved by the Washington Department of Fish and Wildlife, to address habitat needs of the bald
eagle nest site and territory found on site, with reference to proposed development In collaboration
with project fisheries biologists,we prepared a biological evaluation to assess impacts on endangered
and threatened fish and wildlife species We obtained Section 404/401 wetland permits and approvals
from federal and state agencies for the project,including a stormwater outfall at Puget Sound and two
stream and wetland crossings Recent efforts included securing Hydraulic Project Approval permits
from WDFW
Cascadia Employment-Based Planned Community,Pierce County,WA. Raedeke Associates, Inc.
conducted extensive investigations of wetlands and plants and animals for a SEPA EIS on a proposed
Employment Based Planned Community(EBPC) on 4,700 acres in Pierce County,Washington, near the
tow n of Orting Initial studies of raptors and priority species focused on forest stands proposed for a
Forest Practices Application We delineated and rated wetlands and secured confirmation of the
boundaries and ratings by Pierce County staff Wetland studies included hydrologic monitoring of
selected wetlands to establish baseline data and assess potential impacts Wildlife studies included
point-count surveys of breeding birds, scent-station surveys of mammals, and systematic searches for
reptiles and amphibians We also investigated a great blue heron rookery on site and developed
management recommendations in coordination with Washington Department of Fish and Wildlife
biologists Our wetland and plant and animal studies were published as technical appendices to the
Draft EIS We also prepared responses to public comments for the Final EIS and provided expert
testimony at public hearings Additional studies included wetland delineation updates and surveys for
priority species for additional Forest Practices permits and for on-site and off-site road and utility
improvements
9510 Stone Avenue North Seattle,WA 9slos 206-525-8122 www.raedeke.com
Statement of Qualifications
�t 5WedekegriN
'5' Associates,
Example Projects
Redmond Ridge East UPD,King County,WA. Raedeke Associates,Inc has provided professional
biological services since 2002 relating to wetlands and plants and animals for this 33;-acre Urban
Planned Development in King County, near Redmond Studies have included wetland delineation and
assessment,as well as wildlife and plant community inventories and impact assessment, as part of a
SEPA EIS We participated in all phases of the EIS process,including preparation of technical
appendices, response to public and agency comments, and expert testimony at public hearings We
assisted project engineers in preparation of a Master Drainage Plan for the site, which included analysis
of hydrologic monitoring and HSPF and KCRTS modeling to assess hydrologic impacts on wetland
resources Raedeke Associates, Inc coordinated the preparation of documents for submittal to the U S
Army Corps of Engineers and Washington Department of Ecology to obtain a Section 404 Nationwide
Permit Additional work has focused on assessment of wetland impacts and mitigation for off-site road
extensions and improvements associated with the development project We have developed,
implemented, and monitored wetland and buffer mitigation plans for the project,in close coordination
with the County UPD review team and the U S Army Corps of Engineers
Arborwood PBD Mixed Use Residential Project,Kitsap County,WA. Raedeke Associates,Inc.
delineated, classified, and assessed wetlands and streams and evaluated wildlife habitat use on this 380-
acre proposed residential development in Kitsap County, near Kingston We also participated in public
hearings for the proposed development In addition,RAI prepared a bald eagle management plan for a
nearby nest site,which was approved by the Washington Department of Fish and Wildlife
Northwest Landing,DuPont,WA. Since 1992, Raedeke Associates has provided ecological services
for this 3,000-acre master plan community in DuPont,Washington Ecological services include
wetland delineations, functional and impact assessment,development, implementation, and monitoring
of compensatory mitigation, stream studies, ecological assessment and management of Priority
(remnant) Oregon White Oak and western gray squirrel populations, and assessment of listed plant and
animal species We provided landscape architectural services for more than 13 miles of street tree
plantings and nearly 40 pocket parks for the nineteen phases of Northwest Landing in DuPont,
Washington
Suncadia(fka MountainStar) Master Planned Resort,Kittitas County,WA. Raedeke Associates,
Inc was responsible for the wetlands and plant and animal sections of SEPA and NEPA Environmental
Impact Statements for this 6,200-acre destination resort near Roslyn, `'Washington We reviewed and
updated wetland delineations by others, conducted wetland delineations, evaluated project impacts, and
designed wetland and buffer mitigation for project impacts We obtained concurrence on wetland
delineations from state and federal agencies, and prepared applications for and obtained Section 404/401
permits for impacts to jurisdictional waters, including a bridge over the Cle Elum River and roadway
impacts We have implemented and are currently monitoring wetland and buffer mitigation sites for
associated impacts Plant and animal studies included habitat mapping, a review of noxious weeds on
the site,point-count surveys of birds, scent station surveys for mammals,field observations and a radio-
telemetry study of elk, systematic searches for amphibians and reptiles, as well as surveys for potential
occurrence of listed plant and animal species Wildlife impacts were assessed quantitatively using the
US Fish and Wildlife Service HEP procedures We also prepared a land stewardship plan to guide the
management of over 3,500 acres of open space on this site
Lone Ranch Master Plan,Brookings, OR. Raedeke Associates, Inc delineated wetlands,evaluated
impacts,and designed conceptual wetland mitigation plans for this 500-acre nuxed-use master plan
development along the southwestern coast of Oregon We provided expert testimony for public
hearings for the master plan approval by the City of Brookings In addition,we have conducted two
rounds of two-year protocol surveys for spotted owls and marbled murrelets Our efforts have also
9610 Stone Avenue North Seattle,WA 9s103 206-525-8122 www.raedeke.com
, Statement of Qualifications We
s
Associates, lfticv;]' Example Projects
included three years of surveys of the endangered western lily distribution, abundance, and habitat
conditions on the property in order to develop management recommendations Based on these studies,
we have worked with the U S Fish and Wildlife Service to develop protection measures for western
lilies on the site in the context of development These will be included with the Section 404 nationwide
permit application to the U S Army Corps of Engineers as part of Section 7 consultation The initial
phase of the project is a site for the Southwestern Oregon Community College For this we prepared
and submitted application packages and obtained verification of the wetland delineations from the
Oregon Department of State Lands and Section 404/40l Nationwide Permit the U S Army Corps of
Engineers.
CEMEX Scappoose Gravel Mine, Scappoose, OR. RAI conducted a wetland delineation of the 650-
acre proposed gravel mine located on agricultural property on the dike protected floodplam of the
Columbia River near the town of Scappoose, Oregon We prepared a conceptual wetland mitigation
plan in accordance with the Oregon State regulations We are preparing the Oregon Rapid Wetland
Assessment Protocol materials, as well as a project permit application and mitigation plan for submittal
to the U S Army Corps of Engineers and Oregon Department of State Lands
Redmond Ridge UPD, King County,Washington. As part of the SEPA and land use permitting
process,Raedeke Associates, Inc prepared wetland inventories and delineations, habitat inventory and
mapping,extensive plant and animal studies, impact assessments, and mitigation plans for this 1,046-
acre Urban Planned Community in King County,near Redmond These included focused, systematic
studies of birds, mammals, and reptiles and amphibians,and potential occurrence of listed plants and
animals The wetland investigations included identification and classification of Sphagnum peat bogs on
site Other studies included investigating the influence of cycles of beaver activity on wetland
hydrologic and vegetative conditions over the course of 15 to 20 years, and design and management of
wetland mitigation in the context of beaver activity We assisted project engineers in preparation of a
Master Drainage Plan for the site,which included evaluation of hydrologic monitoring and HSPF
modeling of the larger wetlands to assess hydrologic impacts of the proposed development We assisted
in all phases of the EIS process,including preparation of technical appendices, response to public and
agency comments,and expert testimony at public hearings We prepared permit application packages,
secured Section +04/401 Clean Water Act permits,designed wetland mitigation plans,implemented and
monitored mitigation sites, and prepared interpretive materials as part of the open space and trail
system for the project
Trilogy at Redmond Ridge UPD, King County,WA. Raedeke Associates,Inc has provided
professional biological services since 1988 relating to wetlands and plants and animals for this 1,080-
acre Urban Planned Development in King County, near Redmond Studies have included wetland
delineation and assessment, wildlife and plant community inventories and impact assessment, as part of
a SEPA EIS We assisted in all phases of the EIS process, including preparation of technical appendices,
response to public and agency comments, and expert testimony at public hearings We collaborated
with project engineers in preparation of a Master Drainage Plan for the site,which included analysis of
hydrologic monitoring and HSPF modeling to assess hydrologic impacts on wetland resources We
coordinated the preparation of technical documents and application materials for obtaining Nationwide
Permits from the U S Army Corps of Engineers and deo eloped, implemented, and monitored wetland
and buffer mitigation plans for the project.
Snoqualmie Ridge II, Snoqualmie,WA. RAI conducted an assessment of the wetlands,wildlife,and
plant communities on this 50-acre planned community in the City of Snoqualmie as part of the EIS and
land permitting process RAI prepared technical appendices for the project EIS and wetland mitigation
Plans We prepared application packages to confirm the wetland delineations and obtain Section
9610 Stone Avenue North Seattle,WA 9slos 206-525-8122 www.raedeke.com
10 • e Statement of Qualifications
Week
Associates, I Example Projects
404/401 permits and approvals from the Corps of Engineers and the Washington Department of
Ecology Ongoing tasks include construction, compliance,and monitoring of the mitigation sites
Desert Claim Wind Farm Wetland Assessment and Permitting,Ellensburg,WA. Raedeke
Associates, Inc recently completed delineation of wetlands and streams for wind tower locations and
road access over an approximately 6,000-acre site for a proposed wind farm north of Ellensburg,
Washington The wetland boundaries have been confirmed by the U S Army Corps of Engineers We
also determined ratings of the wetlands via the current WDOE wetland rating system for eastern
Washington Current Tasks include preparing an application package for Section 404/401 permits for
impacts to Jurisdictional waters for a system of access roads,which will include a Biological Evaluation
of project impacts on listed species and a conceptual mitigation plan Future work will include
implementing and monitoring wetland, stream,and buffer mitigation for project impacts
Emerald Corporate Park Mitigation,Auburn,WA. Raedeke Associates, Inc designed and
implemented this six-acre off-site wetland rmtigation project for the Emerald Corporate Park in the City
of Auburn The goal of the mitigation was to convert the site from a monoculture of the invasive reed
canarygrass to a diverse habitat consisting of emergent, scrub-shrub, and forested wetland cover
Monitoring efforts entailed design of the monitoring protocols,annual field sampling and
documentation of the conditions in the mitigation wetland,evaluation of the mitigation status relative to
mitigation performance standards, active control of reed canarygrass in portions of the site, annual
reporting to the City and state and federal agencies,and coordination with the landowner and City staff.
After 7 years of a 10-year monitoring program,we recently secured early release of the site from further
monitoring by federal and state agencies due to the success of the mitigation In addition,on behalf of
the City of Auburn,we reviewed the on-site mitigation project(totaling approximately 0 5 acres) and
monitoring reports prepared by another consultant
South 277th Street Mitigation Review,Auburn, WA. Under a contract with the City of Auburn,
Raedeke Associates,Inc reviewed contingency plan options for a wetland mitigation site that was
implemented to compensate for wetland impacts resulting from a City road improvement project
Options under consideration included corrective measures at the wetland mitigation site in the context
of impacts from beaver activity, a fee-in-lieu program, and participation in a mitigation bank
St.Joseph Hospital Master Plan, Bellingham,WA. RAI investigated wetlands and plant and animal
communities as part of a SEPA review for a hospital Regional Institutional Master Plan on this 75-acre
site in the City of Bellingham, Washington We reviewed the wetland delineations of others,
determined ratings via the WDOE wetland rating system for Western Washington, documented
wildlife use, gathered information on special habitat features and priority species and habitats,assessed
project impacts, and discussed mitigation measures to protect critical areas and habitats Recent
li investigations include updates to wetland delineation and ratings per current code requirements
Wildlife Habitat and Water Rights Claims,Klamath Basin, Oregon. RAI was contracted by the
Bureau of Indian Affairs to conduct a study of the response of selected wildlife game species to changes
in water resource levels in the Klamath Tribal Treaty area in southern Oregon The purpose of the
study was to predict population levels and sustainable harvest rates for deer, elk for various time periods
and at the Claimed Water Levels A second objective was to test the validity of any apparent functional
relationships between deer and elk populations and water levels using mathematical models
Wildlife Use of Seeps and Springs, Klamath Basin, Oregon. RAI, in coordination with R2 Resource
Consultants for the Bureau of Indian Affairs and U S Dept of Justice,evaluated wildlife use of seeps and
springs in the Upper Klamath Basin in relation to on-going water rights adjudication for the Klamath
9610 Stone Avenue North Seattle,WA 9sios 206-525-5122 www.raedeke.com
I , Statement of Qualifications
Oekew i
WIVE AssociatestV Example Projects
Tribes RAI biologists visited over 160 spring sites and evaluated wildlife habitat quality and potential
for use by a host of wildlife species present and of importance to the tribes
Deer Habitat Modeling,Southeast Alaska. RAI was contracted by Sealaska Corporation and the US
Forest Service to assess the long-term status of black-tailed deer populations on forest lands in
southeast Alaska, and develop management options that would enhance the forest landscape for deer
Habitat modeling was based on forage conditions using two years of field data collected by the project
team We calculated deer capacity for a test watershed
Spotted Owl Habitat and Demography Studies—Mt.Rainier National Park,WA. RAI assisted in
the banding and conducted monitoring of spotted owl territories and population demography in Mt
Rainier National Park since 1997 The study was designed to provide information on the impacts to
spotted owls resulting from potential road and trail maintenance projects within the national park The
data also contributes to the long-term monitoring of the status of spotted owls throughout the Pacific
Northwest region
Spotted Owl and Murrelet Surveys,Washington Cascades, Oregon Coast Ranges. RAI has
conducted surveys for spotted owls and marbled murrelets following U S Fish and Wildlife protocols
for public and private landowners since 1991 Surveys have been conducted in the central and southern
Cascades of Washington,from King and Kittitas Counties south to Clark and Klickitat Counties, and in
the Oregon Coast Range in Lincoln, Coos, and Curry Counties Major clients have been U S Forest
Service U S Army Corps of Engineers, Plum Creek Timber,LLC,The Campbell Group, Champion
International, International Paper, Port Blakely Tree Farms,Green Diamond, Inc, City of Seattle,and
others The results of these surveys have been used for various timber sales, road construction, and
other permits
McCarver Park, Tacoma,WA. Raedeke Associates,Inc provided landscape architectural services for
Metro Parks Tacoma for this new playground honoring Zeta Lmnik Work includes public workshops
and presentations,cost-estimating,master planning through construction documents and construction
observation 3-D modeling was used in the early stages of the project to solicit valuable design input
from 2°a, 3,'i,and 41h graders as well as school professionals Work included coordination of all sub-
consultants (civil,electrical, irrigation) as well as acquisition of all City of Tacoma and Washington
State Department of Ecology permits Construction was completed in January 2011 and formally
opened to the public on May 20, 2011
Cedar Way Elementary School Playground and Landscape Master Plan,Mountlake Terrace,
WA. Raedeke Associates, Inc designed an addition to the existing play area as well as developing a
school property-wide educational trail system and outdoor learning center, as part of a master plan for
the site We worked with the Owner and the parent's group in developing the criteria necessary to
create an ethnobotanical learning experience based on traditional native American uses of plants
indigenous to Puget Sound
Other Past Projects:
Roche Harbor Resort—Roche Harbor Water Company—San Juan County. As part of a proposed
expansion of Briggs Lake, a water supply reservoir for the resort, RAI conducted wildlife surveys of the
area around the Lake, delineated the wetlands associated with the lake, and identified environmentally
sensitive areas on project lands We assessed wetland impacts and prepared a mitigation plan as part of
applications for Section 404/401 permits for the project, which includes reconstruction of the outlet
9510 Stone Avenue North Seattle, WA 98103 206-525-8129, www.raedeke.com
Statement of Qualifications
Saedekel,ltn'
l.'
Example Projects
control structure on Briggs Lake We also assessed wildlife habitat areas on the resort property with
regard to open space prov isions in the master plan for the project site.
Bellevue Botanical Garden—Wetland Delineation. RAI delineated wetlands on a 17-acre site
proposed as an addition to the Bellevue Botanical Garden for the City of Bellevue Parks&Community
Services Department We delineated wetlands and streams,determined ratings and probable buffers per
City requirements
Cadman Longview Mining Project,Snohomish County,WA. RAI conducted an assessment of the
wetlands,plants and animals for an Environmental Impact Statement(three-party agreement with
Snohomish County)for a 230-acre gravel mine project located near Gold Bar,Washington Our
assessment included wetland delineations, wildlife and ETS species surveys,plant and animal impact
assessment,and development of mitigation options Our initial studies were included as technical
appendices for the Draft EIS, and we prepared responses to public comments on the Final EIS
Cle Elum Urban Growth Area EIS. RAI prepared a quantitative analysis of the impacts of this
proposed 1,100-acre Urban Growth Area development near Cle Elum in Krttitas County on wildlife
habitat, as part of an Environmental Impact Statement We analyzed impacts on the habitat of selected
wildlife species from the proposed development and alternatives using a process consistent with the
Habitat Evaluation Procedure(HEP) guidelines developed by the U S Fish and Wildlife Service
The Highlands Wildlife Habitat Assessment, Chelan County,WA. RAI investigated wildlife
occurrence and habitat conditions on this 640-acre site near the Mission Ridge Ski Area in Chelan
County The primary focus was to determine possible patterns of elk use,occurrence of raptor nests,
and whether listed or other state priority species were present on the site or the immediate vicinity.
Bovill Sawmill, Latah County,ID. RAI conducted surveys for threatened and endangered plants and
prepared a compensatory wetland mitigation plan for this 36-acre property along the Potlatch River
near Bovril, Idaho, owned by the Potlatch Corporation Plans were submitted to the U S Army Corps
of Engineers for Section 404 permits and to the Idaho Department of Environmental Quality
Po
rt Ludlow Resort and Development,Jefferson County,WA. RAI conducted assessments of
wetlands and plants and animals as part of a programmatic and project level EIS for this 1,200-acre site
in Jefferson County,Washington We subsequently delineated and assessed wetlands on several
residential plats and a golf course expansion within the larger project area,including delineation of
shorelines and tributary streams We also investigated and monitored nesting activities of great blue
herons and ospreys to assess impacts of nearby development and recommend protection measures
Snoqualmie Ridge MPD, Snoqualmie,WA. Raedeke Associates,Inc investigated wetland and plant
and animal communities for all phases of environmental impact assessment and permtttmg for this
1,300-acre mixed use planned community in Snoqualmie, Washington Initial services included
wetland,wildlife and habitat inventories and impact assessments used in the Environmental Impact
Statement(EIS)for the overall project and annexation of the project lands into the City of Snoqualmie
These included delineation, rating, and functional analysis of wetlands on the property, as well as
vegetative cover type mapping and systematic surveys of vertebrate wildlife These studies were
updated for the Mixed Use EIS and Snoqualmie Parkway EIS, and we conducted a detailed wetland
impact assessment for a Master Drainage Plan for the project We prepared application packages and
secured Section 404/401 permits for the mixed use development and Snoquahme Parkway projects As
a condition of the permit for the mixed-use development, and in coordination with the City review team
and project consultants,Raedeke Associates, Inc designed and implemented a multi-near wetland
9610 Stone Avenue North Seattle, WA 981os 206-525-8122 www.raedeke.com
Statement of Qualifications
Wedeke'',X',,,,"P,',
SHIP Assoclate'41niAINB2�
Example Projects
monitoring program,part of an integrated natural resource post-construction monitoring effort,to
determine the impacts of development and effectiveness of mitigation measures designed to protect the
wetlands This included detailed monitoring of hydrologic conditions and vegetation communities at a
set of control wetlands compared with those likely to be impacted by portions of the development,with
detailed, multivariate statistical analyses of the data to determine whether any changes detected in
vegetation composition and hydrologic conditions could be related to the development In addition,we
designed, implemented, and monitored compensatory wetland mitigation at several sites
Thorndyke Bay and Toandos Peninsula Bald Eagle Management Plans,Jefferson County,WA.
RAI prepared bald eagle management plans for timber harvest permits near two active bald eagle nests
on the Olympic Peninsula The plans were based on site visits, and a review of State survey information
regarding recent breeding activity We formulated a management plan that were acceptable to the
State Department of Fish and Wildlife, and assisted with planning and negotiations with state
biologists
U.S. Navy Bangor Submarine Base, Silverdale,WA. Raedeke Associates, Inc.evaluated wildlife
habitats within wetlands on the Bangor Naval Submarine base,Silverdale, Washington We mapped
and characterized vegetation cover types and wildlife use of wetland habitats We made
recommendations to manage the wetlands to optimize their use by plants and animals and to pro\,ide
recreation for the public We prepared an enhancement plan to provide wildlife habitat within a
stormwater detention pond The pond was planted with wetland plants and an interpretive brochure
and sign were prepared for use by the public
U.S. Coast Guard Station Waterfront Expansion, Cape Disappointment,WA. RAI conducted a
survey of marine and terrestrial communities and associated wildlife at the U S Coast Guard Station,
Cape Disappointment, near the mouth of the Columbia River,for a proposed expansion of the marina
facilities The study focused on endangered, threatened, sensitive,and other priority species and
habitats
Greenbridge Housing EIS. RAI conducted studies on wetlands and plant and animals for a DEIS and
FEIS for this 70-acre HUD re-development project for King County Housing Authority We delineated
off-site wetlands and assessed direct and indirect impacts on wetlands, including hydrologic conditions,
and on plants and animals including ETS species Our technical reports were included in the DEIS
Westpark Redevelopment EIS RAI conducted studies on wetlands and plant and animals as part of
an Environmental Impact Statement on this 80-acre HUD re-development project for the Bremerton
Housing Authority We assessed direct and indirect impacts on downstream wetlands,including
hydrologic conditions, and on plants and animals,including ETS species We also provided responses
to public comments as part of the Final EIS
Howard Hanson Dam Additional Water Storage Project. Raedeke Associates,Inc was contracted
by Tacoma Public Utilities and the U S Army Corps of Engineers (COE) to assess impacts of a
proposed change in water management at the Howard Hanson Dam and reservoir on wildlife and
wildlife habitat and to identify potential habitat mitigation options The impact on wildlife was
accomplished through a revision of the HEP assessment The habitat enhancement plan was based in
field surveys of potential areas where conditions were conducive to improving habitat for selected HEP
evaluation species through manipulation of existing forest plant communities to meet mitigation needs
9510 Stone Avenue North Seattle,WA 98103 206-525-8122 www.raedeke.com
W • Statement of Qualifications
Associates:, n,3TV Example Projects
Howard Hanson Dam AWSP Bird Surveys. Raedeke Associates, Inc conducted surveys of the bird
communities on potential wildlife habitat mitigation sites in the Green River Watershed for the Army
Corps of Engineers and Tacoma Public Utilities The study sites are part of the Howard Hanson Dam
Additional Water Storage Project mitigation program, and were selected by Raedeke Associates, Inc in
a previous study for the TPU The project included the selection of the sample points, design of
sampling protocols,repeated censusmg of birds by visual and audio detections, data summary and
analysis, and report preparation
Chief Joseph Dam and Reservoir Wildlife Habitat Mitigation,Douglas County,WA
Under a U S Army Corps of Engineers contract with SAIL, Raedeke Associates, Inc reviewed wildlife
habitat mitigation sites along the shores of Rufus Woods Lake behind the Chief Joseph Dam and
developed a detailed outline of an approach for collecting field data that would achieve an accurate
assessment of current habitat/species composition, diversity,complexity, and health of the 16 wildlife
mitigation sites
Shorebird Ecology and Study Design, Grays Harbor,WA
Under a U S Army Corps of Engineers contract with SAIC, RAI conducted a detailed literature review
on shorebird habitat use patterns and impacts of habitat changes on shorebird populations, and prepared
a study design for assessing shorebird use of the Grays Harbor area near Westport
Plum Creek Timber Habitat Conservation Plan and EIS,Washington Cascades. RAI was the lead
consultant in a scientific team that prepared a multi-species HCP and NEPA Environmental Impact
Statement for 440,000 acres of commercial forestland in the central Washington Cascades A wildlife
habitat and use inventory was conducted to identify species protected by the Endangered Species Act,
including spotted owls, marbled murrelets,grizzly bears, gray wolf,breeding birds, reptiles and
amphibians Management plans were developed for protected species
U.S.Forest Service Access Project EIS,Washington Cascades. RAI was the lead firm in the
preparation of an EIS under NEPA for two separate assessments of the impacts of proposed road
construction across U S Forest Service lands to access and harvest timber on private lands RAI
conducted the field studies of plant and animal communities and prepared the technical appendices for
the EIS,in addition to the main sections EIS for all disciplines
Habitat Conservation Plan and Environmental Assessment,Mickitat County,WA. RAI assisted
Champion Pacific in preparing an inventory and analysis of habitat use of the wildlife species of concern
on approximately 30,000 acres of timber lands within a portion of the Yakama Indian Nation
Reservation Specific species of interest were the spotted owl,bald eagle,peregrine falcon, grizzly bear,
gray wolf and bull trout The information was used for the development of forest management plans
and permits, and the development of a multi-species HCP and Environmental Assessment under the
Endangered Species Act
9510 Stone Avenue North Seattle,WA 98103 206-525-8122 ww w raedeke.com
aedeke Statement of Qualifications
References
Mr. Dave Dorothy Dr. Lorin Hicks
Senior Real Estate Development Plum Creek Timber,L.P
Executive P O Box 1990
206-409-8826 Columbia Falls, :Montana 59913
406-892-6388
Mr. Keith Goldsmith
Hugh G Goldsmith and Associates,Inc Mr. Tim McBride
1215 1 141h Avenue SE Hancock Forest Management
Bellevue, Washington 98004 17700 SE Mill Plain Boulevard
425-462-1080 Vancouver,Washington 98683
360-866-8068
Mr. Tim Ramis
Jordan Ramis PC Mr. Bob Everitt
Two Centerpointe Dr, 61h Floor Regional Manager
Lake Oswego, Oregon 97035 Washington Department of Fish and
503-598-7070 Wildlife
16018 Mill Creek Boulevard
Mill Creek,Wasington 98012
425-174-8812
9510 Stone Avenue North Seattle,WA 9s ios 206-525-8122 www.raedeke.com
aedeke Statement of Qualifications
Inc. —) Staff Resumes
RICHARD W. LUNDQUIST, M.S. • Conducted wetland and plant-animal
Vice President/ Wildlife Biologist habitat assessments for technical appendices
for SEPA and NEPA EIS and prepared
Rick has over So years of project documentation for state and federal permits
management and field and research on several of the largest master planned
experience in plant and animal community developments in Puget Sound lowlands
analysis, including quantitative vegetation • Served on a scientific panel that prepared a
composition and structural analysis, multi-species Habitat Conservation Plan for
vertebrate inventories, evaluation of habitat 400,000 acres of forestlands in the central
functions and values and ecological impact Cascades of Washington
assessment for SEPA and NEPA
documents He has extensive research • Speaker at regional and national
expertise in forest bird communities and conferences on habitat management and
wildlife
habitat management issues
• Served as expert panelist on habitat
EDUCATION relationships of passerine birds for the
B S, 198o,Wildlife Management/Recreation, interagency"Wildlife-Habitat Relationships
Humboldt State University in Oregon and Washington"publication.
M S, 19s8 Wildlife Science/Forest • Instructor for nine years for bird
Management, University of Washington identification and monitoring protocols for
the Neotropical Migratory Bird Training
PROFESSIONAL AFFILIATIONS AND Session sponsored by U S Forest Service
CERTIFICATIONS and Bureau of Land Management
Ornithological Societies of North America • Authored and co-authored several scientific
Certified Wetland Specialist and Certified
Wildlife Biologist, Pierce County papers on forest wildlife for peer-reviewed
Washington State Wetland Rating System for scientific journals and publications
Western Washington,'AIDOE Training • Responsible for design,implementation,
Trained to use of Regional Supplement to and monitoring of w etland mitigation plans
Corps of Engineers wetland delineation manual for several large development projects in
the Puget Sound lowlands
PROFESSIONAL EXPERIENCE
• Conducted extensive field research on
forest bird communities in the Cascades of
Oregon and Washington and coastal
mountains of California,including graduate
research on cavity-nesting birds in
Washington
• Conducted wetland delineations on
numerous sites in western and eastern
Washington using the US Army Corps of
Engineers and Washington state
delineation manuals
9510 Stone Avenue North Seattle,WA 9s 103 206-695-8122 www.raedeke.com
aedeke Statement of Qualifications
Staff Resumes
CHRISTOPHER W. WRIGHT, methodologies), assessment, permitting,
and mitigation on a wide range of projects
B.S. in the northwest up to 7,500 acres in size,
Soil and Wetland Scientist including several master-planned
developments
Chris has participated in over 500 wetland • Experienced in wetland and stream
projects spanning four states and IS
Washingtoncounties for over ears His permitting issues, including field data
t r 20 5' collection, hydrologic analysts, soils
experience includes all aspects of wetland mapping,plant community analysis,
assessment from delineations to permitting evaluation of habitat functions and analysis,
to long-term mitigation monitoring Prior impact assessment and design of wetland
to that, Chris worked as a soil scientist for mitigation
federal and state agencies • Obtained wetland project permits under
Clean Water Act Section 404,both
EDUCATION Nationwide and Individual Permits,
B S, 1991,Agriculture,University of Arizona, Washington State Hydraulic Code—HPA,
Tucson Oregon Wetland Fill law, and city and
county sensitive area regulations for a
number of landowners
PROFESSIONAL AFFILIATIONS AND • Supervised wetland mitigation monitoring
CERTIFICATIONS on over 20 project sites in the Pacific
Society of Wetland Scientists Northwest
Certified Wetland Delineator,U S Army Corps • Conducted stream surveys and stream
of Engineers typing using the Washington Department
Certified Wetland Specialist,Pierce County, of Natural Resources guidelines
Was
ngton
Certified
W • Invited speaker at continuing education
Certified Wetland Scientist, City of Bainbridge
Island,Washington programs for attorneys and other
Washington State Wetland Rating System for professionals dealing with wetland
Western Washington,WDOE Training assessments and permitting
Washington State Wetland Rating System for • Conducted wetland functional assessments
Eastern Washington,WDOE Training using state and federal methodologies
COE Training,Arid West Regional
Supplement to COE wetland delineation
manual
COE Training,Western MVC Regional
Supplement to COE wetland delineation
manual
Ordinary High Water Mark Determination
Protocol,WDOE Training
NAUI Certified Sport Scuba Diver
PROFESSIONAL EXPERIENCE
• Project manger for wetland inventory,
delineation(using state and federal
9510 Stone Avenue North Seattle, WA 9slos 206-525-8122 wNvw.raedeke.com
aedeke Statement of Qualifications
Staff Resumes
G. EMMETT PRITCHARD, B.S. • Authored and co-authored over 100
wetland technical reports, including
Wetland Ecologist wetland delineation, classification, and
evaluation of wetland functions and values,
Emmett has over 18 years of consulting and assessment of development impacts on
experience dealing with forestry, wetland, wetlands and streams
and stream habitat issues in the Pacific
Northwest. He is currently responsible for • Prepared Biological Evaluations for U.S.
all areas of wetland and habitat Army Corps of Engineers pernut
documents on projects involving wetland
assessments, including wetland and stream alternations in the Puget Sound
delineations, assessments,permitting, and region
mitigation design, implementation, and
monitoring. • Prepared wetland permit applications
including Nationwide and Individual
permits under the Clean Water Act,Section
EDUCATION 404 and 401 permits,Washington State
B S, 1984,Forestry,Virginia Polytechnic Hydraulic Code—HPA for projects in
Institute numerous jurisdictions in Washington
State
PROFESSIONAL AFFILIATIONS AND • Served as project manager providing
CERTIFICATIONS assessment and delineation services for
Society of Wetland Scientists wetlands and streams using the US Army
Certified Wetland Specialist,Pierce County, Corps of Engineers and Washington state
Washington delineation manuals, both for local
Certified Wetland Scientist, City of Bainbridge jurisdictions and private developers
Island,Washington • Coordinated wetland&stream technical
Certified Wetland Specialist,Seattle, reports for third party SEPA-EIS
Washington documents
Certified Wetland Specialist,City of Bellevue,
Washington • Designed,implemented, and monitored
Qualified Wetland Professional, City of wetland and stream mitigation plans for
Shoreline,Washington commercial and residential developments
Washington State Wetland Rating System for and for local jurisdictions in the Puget
Western Washington, WDOE Training Sound area
Washington State Wetland Rating System for • Presented expert testimony at public
Eastern Washington,WDOE Training
roject
Regional Supplement to Corps of Engineers hearings regarding impacts
wetland delineation manual, SWS Training development on wetlands andd streams
s and
effectiveness of proposed habitat mitigation
Ordinary High Water Mark Determination
Protocol,«'DOE Training
Selecting Wetland Mitigation Sites using a
Watershed Approach,WDOE Training
Calculating Debits and Credits for
Compensatory Mitigation in Wetlands of
Western Washington(Operational Draft),
WDOE Training
PROFESSIONAL EXPERIENCE
9510 Stone Avenue North Seattle,WA 9810E 206-525-8122 w-Aw.raedeke.com
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 it 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 A:VII.
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.
Client# 16537 RAEDEKE
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/)DNYYYI
09/07/2012
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 CONTACT
NAME
Bell-Anderson Ins-Renton C/L PHONE 425 291-5200 FA7C 4252915100
AIC No B d A/C,No
600 SW 39th Street,Suite 200 E-MAIL
ADDRESS
Renton,WA 98057
INSURER(S)AFFORDING COVERAGE NAICO
425 291-5200 INSURER A National Fire Insurance of Hart
INSURED INSURER B Continental Casualty Company
Raedeke Associates,Inc. INSURER C Mt Hawley Insurance Company
9510 Stone Avenue N
Seattle,WA 98103 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 CONTRACTOR 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
�rTR TYPE OF INSURANCE NSRL WVD POLICY NUMBER BUBR MMLDDYIYVYY FF MM DOY/YYYY LIMITS
A GENERAL LIABILITY X 4030572196 0610112012 06/01/2013 EACH OCCURRENCE s1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES EaEocccurrence $300 000
CLAIMS-MADE 51 OCCUR MED EXP(Any one person) $1 O 000
PERSONAL&ADV INJURY $1,000 000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $2,000,000
RG
POLICY PECT LOG $
A AUTOMOBILE LIABILITY 4030575664 6/01/2012 06101/2013 COMBINED
eBIN DISINGLE LIMIT 1,OOQ000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AJTOS AUTOS BODILY INJURY(Per accident) $
X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Peracciden _
B �( UMBRELLA UAB X OCCUR 4030575678 6101/2012 06101I201 EACH OCCURRENCE $1 000 000
EXCESS LIAB CLAIMS-MADE AGGREGATE $1 000 000
DED X RETENTION$10000 $
WORKERS COMPENSATION 4030572196 610112012 06/011201 X WC STATU- OTH-
AND EMPLOYERS'LIABILITY
TORY LIMIT ER
A ANY PROPRIETOR/PARTNER/EXECUTIVE� -WA Stop Gap- E L EACH ACCIDENT $1 000 000
OFFICER/MEMBER EXCLUDED N N/A
(Mandatory m NH) E L DISEASE-EA EMPLOYEE $1,000,000
inder
DESCRIPTIObIf yes, N OF OPERATIONS below EL DISEASE-POLICY LIMIT $2,000,000
C ,Professional EGL0001808 0313112012 03/31/2013 $1,000,000
Liability
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
City of Kent On-Cali Services-Wetland &Wildlife Consulting
RAI No. 2012-042
The certificate holder is additional insured for general liability,but only if required by written
contract or written agreement per endorsement SB-146932-D(07109),which includes the Primary and Non
contributory and waiver of subrogation in form SB300176B 01108 Completed Opperations applies per the
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Kent c/o Ms.Julie SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Pulliam Eco Com Dev Dept ACCORDANCE WITH THE POLICY PROVISIONS
400 West Gowe
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
9)1988.2010 ACORD CORPORATION All rights reserved
ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S402941/M384944 SLM
DESCRIPTIONS (Continued from Page 1)
attached SB300176B 0108
SAGITTA 25.3(2010105) 2 of 2
#S402941lM384944
SB-146932-D
CNA (Ed 07/09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION
This endorsement modifies insurance provided under the following.
BUSINESSOWNERS LIABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Policy
1. ADDITIONAL INSURED—BLANKET VENDORS employees or anyone else acting on its
behalf However, this exclusion does not
WHO IS AN INSURED is amended to include as an apply to
additional insured any person or organization (referred
to below as vendor) with whom you agreed, because (1) The exceptions contained in
of a written contract or agreement to provide Subparagraphs d.or f.;or
insurance, but only with respect to "bodily injury" or (2) Such inspections, adjustments, tests or
"property damage" arising out of"your products"which servicing as the vendor has agreed to
are distributed or sold in the regular course of the make or normally undertakes to make in
vendor's business, subject to the following additional the usual course of business, in
exclusions connection with the distribution or sale of
1. The insurance afforded the vendor does not apply the products
to 2. This insurance does not apply to any insured
a. "Bodily injury" or"property damage"for which person or organization, from whom you have
the vendor is obligated to pay damages by acquired such products, or any ingredient, part or
reason of the assumption of liability in a container, entering into, accompanying or
contract or agreement This exclusion does containing such products
not apply to liability for damages that the 3. This provision 2. does not apply to any vendor
vendor would have in the absence of the included as an insured by an endorsement issued
contract or agreement, by us and made a part of this Policy
b. Any express warranty unauthorized by you, 4. This provision 2.does not apply if"bodily injury"or
c. Any physical or chemical change in the "property damage" included within the "products-
product made intentionally by the vendor, completed operations hazard" is excluded either
by the provisions of the Policy or by endorsement,
m d. Repackaging, except when unpacked solely
for the purpose of inspection, demonstration, 2. MISCELLANEOUS ADDITIONAL INSUREDS
testing, or the substitution of parts under WHO IS AN INSURED is amended to include as an
instructions from the manufacturer, and then insured any person or organization (called additional
repackaged in the original container, insured) described in paragraphs 2.a. through 2.h.
ge. Any failure to make such inspections, below whom you are required to add as an additional
adjustments, tests or servicing as the vendor insured on this policy under a written contract or
has agreed to make or normally undertakes to agreement but the written contract or agreement must
make in the usual course of business, in be
connection with the distribution or sale of the 1. Currently in effect or becoming effective during the
products, term of this policy, and
f. Demonstration, installation, servicing or repair 2. Executed prior to the "bodily injury," "property
operations, except such operations performed damage"or"personal and advertising injury,"but
at the vendors premises in connection with
the sale of the product, Only the following persons or organizations are
additional insureds under this endorsement and
g. Products which, after distribution or sale by coverage provided to such additional insureds is
you, have been labeled or relabeled or used limited as provided herein
as a container, part or ingredient of any other
thing or substance by or for the vendor, or a. Additional Insured—Your Work
h. "Bodily injury" or "property damage" arising That person or organization for whom you do
out of the sole negligence of the vendor for its work is an additional insured solely for liability
own acts or omission or those of its due to your negligence specifically resulting
SB-146932-D Page 1 of 5
(Ed 07/09)
SB-146932-D
(Ed 07/09)
from your work for the additional insured This insurance does not apply to "bodily
which is the subject of the written contract or injury," "property damage" or "personal and
written agreement No coverage applies to advertising injury" arising out of operations
liability resulting from the sole negligence of performed for the state or municipality
the additional insured c. Controlling Interest
The insurance provided to the additional Any persons or organizations with a
insured is limited as follows controlling interest in you but only with respect
(1) The Limits of Insurance applicable to the to their liability arising out of
additional insured are those specified in (1) Their financial control of you,or
the written contract or written agreement
or in the Declarations of this policy, (2) Premises they own, maintain or control
whichever is less These Limits of while you lease or occupy these
Insurance are inclusive of, and not in premises
addition to, the Limits of Insurance shown
in the Declarations This insurance does not apply to structural
alterations, new construction and demolition
(2) The coverage provided to the additional operations performed by or for such additional
insured by this endorsement and insured
paragraph F.9.of the definition of"insured d. Managers or Lessors of Premises
contract" under Liability and Medical
Expenses Definitions do not apply to A manager or lessor of premises but only with
"bodily injury" or "property damage" respect to liability arising out of the ownership,
arising out of the "products-completed maintenance or use of that specific part of the
operations hazard" unless required by the premises leased to you and subject to the
written contract or written agreement following additional exclusions
(3) The insurance provided to the additional This insurance does not apply to
insured does not apply to "bodily injury,"
"property damage," or "personal and (1) Any 'occurrence" which takes place after
advertising injury" arising out of the you cease to be a tenant in that premises,
rendering or failure to render any or
professional services (2) Structural alterations, new construction or
b. State or Political Subdivisions demolition operations performed by or on
behalf of such additional insured
A state or political subdivision subject to the
following provisions e. Mortgagee,Assignee or Receiver
(1) This insurance applies only with respect A mortgagee, assignee or receiver but only
to the following hazards for which the with respect to their liability as mortgagee,
state or political subdivision has issued a assignee, or receiver and arising out of the
permit in connection with premises you ownership, maintenance,or use of a premises
own, rent, or control and to which this by you
insurance applies This insurance does not apply to structural
(a) The existence, maintenance, repair, alterations, new construction or demolition
construction, erection, or removal of operations performed by or for such additional
advertising signs, awnings, canopies, insured
cellar entrances, coal holes, f. Owners/Other Interests—Land is Leased
driveways, manholes, marquees,
hoistaway openings, sidewalk vaults, An owner or other interest from whom land
street banners, or decorations and has been leased by you but only with respect
similar exposures, or to liability arising out of the ownership,
maintenance or use of that specific part of the
(b) The construction, erection, or land leased to you and subject to the following
removal of elevators, or additional exclusions
(2) This insurance applies only with respect This insurance does not apply to
to operations performed by you or on your
behalf for which the state or political (1) Any 'occurrence which takes place
subdivision has issued a permit after you cease to lease that land, or
SB-146932-D Page 2 of 5
(Ed 07/09)
SB-146932-D
(Ed 07/09)
(2) Structural alterations, new Damage To Property, is replaced by the
construction or demolition operations following
performed by or on behalf of such k. Damage To Property
additional insured
g. Co-owner of Insured Premises "Property damage"to
A co-owner of a premises co-owned by you 1. Property you own, rent or occupy,
and covered under this insurance but only including any costs or expenses
with respect to the co-owners liability as co- incurred by you, or any other person,
owner of such premises organization or entity, for repair,
replacement, enhancement,
h. Lessor of Equipment restoration or maintenance of such
property for any reason, including
Any person or organization from whom you
lease equipment Such person or organization prevention injury a person or
are insureds only with respect to their liability damage to another's property,
arising out of the maintenance, operation or 2. Premises you sell, give away or
use by you of equipment leased to you by abandon if the "property damage"
such person or organization A person's or arises out of any part of those
organization's status as an insured under this premises,
endorsement ends when their written contract 3. Property loaned to you,
or agreement with you for such leased
equipment ends 4. Personal property in the care,
With respect to the insurance afforded these custody or control of the insured,
additional insureds, the following additional 5. That particular part of any real
exclusions apply property on which you or any
This insurance does not apply contractors or subcontractors working
directly or indirectly in your behalf are
(1) To any "occurrence" which takes place performing operations, if the"property
after the equipment lease expires or damage" arises out of those
2 To "bodily injury," operations, or
( ) y � ry,' property damage" or
"personal and advertising injury" arising 6. That particular part of any property
out of the sole negligence of such that must be restored, repaired or
additional insured replaced because "your work" was
Any insurance provided to an additional insured incorrectly performed on it
designated under paragraphs b through h. above Paragraph 2 of this exclusion does not
does not apply to "bodily injury" or "property apply if the premises are "your work" and
damage" included within the "products-completed were never occupied, rented or held for
operations hazard." rental by you.
N
3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion
BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other
CONDITIONS: than damage by fire or explosion) to
H. Other Insurance premises
4. This insurance is excess over any other (1) rented to you-
insurance naming the additional insured (2) temporarily occupied by you with the
as an insured whether primary, excess, permission of the owner,or
contingent or on any other basis unless a (3) to the contents of premises rented to
written contract or written agreement you for a period of 7 or fewer
specifically requires that this insurance be consecutive days
either primary or primary and
noncontributing A separate limit of insurance
applies to Damage To Premises Rented
4. LEGAL LIABILITY—DAMAGE TO PREMISES To You as described in Section D —
Liability and Medical Expenses Limits of
A. Under B Exclusions, 1 Applicable to Insurance
Business Liability Coverage, Exclusion k.
SB-146932-D Page 3 of 5
(Ed 07/09)
Ii
SB-146932-D
(Ed, 07109)
Paragraphs 3, 4, 5, and 6 of this (5) Any trustee, if you or an additional
exclusion do not apply to liability insured is a trust,or
assumed under a sidetrack agreement (6) Any elected or appointed official, if you or
Paragraph 6 of this exclusion does not an additional insured is a political
apply to "property damage" included in subdivision or public entity
the "products-completed operations This paragraph e. applies separately to you
hazard and any additional insured.
B. Under B. Exclusions, 1. Applicable to 6. Bodily Injury
Business Liability Coverage, the last
paragraph of 2 Exclusions is deleted and Section F Liability and Medical Expenses
replaced by the following Definitions, item 3 "Bodily Injury" is deleted and
Exclusions c, d, e, f, g, h, j, k, I, m, n, and o, replaced with the following
do not apply to damage by fire to premises "Bodily injury" means bodily injury, sickness or
while rented to you or temporarily occupied by disease sustained by a person, including death,
you with permission of the owner or to the humiliation, shock, mental anguish or mental
contents of premises rented to you for a injury by that person at any time which results as
period of 7 or fewer consecutive days A a consequence of the bodily injury, sickness or
separate limit of insurance applies to this disease
coverage as described in Section D. Liability
And Medical Expenses Limits Of 7• Expanded Personal and Advertising Injury
Insurance. Definition
C. The first Paragraph under item S. Damage To The following is added to Section F. Liability and
Premises Rented To You Limit of Section Medical Expenses Definitions, item 14.
D. Liability And Medical Expenses Limits Personal and Advertising Injury, in the
Of Insurance is replaced by the following Busmessowners General Liability Coverage
Form:
The most we will pay under Business Liability h. Discrimination or humiliation that results in
for damages because of "property damage'
ury to the feelings or reputation of a natural
to any one premises, while rented to you, or inj
temporarily occupied by you, with the person, but only if such discrimination or
permission of the owner, including contents of humiliation is
such premises rented to you for a period of 7 1. Not done intentionally by or at the
or fewer consecutive days, is the Damage to direction of
Premises Rented to You limit shown in the
Declaration a. The insured,or
5. Broad Knowledge of Occurrence b. Any "executive officer," director,
stockholder, partner, member or
The following items are added to E. manager (if you are a limited liability
Businessowners General Liability Conditions company)of the insured and
in the Busmessowners Liability Coverage
Form. 2. Not directly or indirectly related to the
employment, prospective employment,
e. Paragraphs a. and b. apply to you or to any past employment or termination of
additional insured only when such employment of any person or person by
"occurrence," offense, claim or"suit" is known any insured.
to
B. The following is added to Exclusions, Section
(1) You or any additional insured that is an B.:
individual,
(15)Discrimination Relating to Room,
(2) Any partner, if you or an additional Dwelling or Premises
insured is a partnership,
Caused by discrimination directly or
(3) Any manager, if you or an additional indirectly related to the sale, rental, lease
insured is a limited liability company, or sub-lease or prospective sale, rental,
(4) Any "executive officer" or insurance lease or sub-lease of any room, dwelling
manager, if you or an additional insured is or premises by or at the direction of any
a corporation, insured.
SB-146932-D Page 4 of 5
(Ed 07/09)
SB-146932-D
(Ed 07/09)
(16)Fines or Penalties Personal and Advertising Injury Coverage
Fines or penalties levied or imposed by a does not apply to policies issued in the states
of New York or Ohio
governmental entity because of
discrimination D. This provision (Expanded Personal and
Advertising Injury) does not apply if
C. This provision (Expanded Personal and does not apply to Personal and Advertising Injury Liability is
Advertising Injury)
d excluded either by the provisions of the Policy
discrimination or humiliation committed in the
states of New York or Ohio Also, Expanded or by endorsement
0
N
O
O
N
r
0
0
0
a
SB-146932-D Page 5 of 5
(Ed 07109)
SB300176B 0108 Page 1 of 11
CJVA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGN ONE LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY
COVERAGE
This endorsement modifies insurance provided under the following
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE
Each Pollution Incident Limit $
Pollution Liability Aggregate Limit $
(If no entries appear in the above Schedule, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement )
Table of Endorsement Contents
Item# Topic Name
Changes to Section A. Coverages
1. Enhanced Supplementary Payments
Changes to Section B. Exclusions
2. Extended Property Damage Coverage
3. Contractual Liability for Personal and Advertising Injury
Changes to Section C.Who Is An Insured
4. Additional Insureds: State or Political Subdivisions — Permits, State or Political Subdivisions,
Controlling Interest, Managers or Lessors of Premises, Mortgagee,Assignee or Receiver, Co-owner of
Insured Premises, Lessor of Equipment
5. Fellow Employee First Aid
6. Retired Partners, Members, Directors, and Employees
7. Participation in Professional Joint Ventures
8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of
Subrogation
9. Amendment—Aggregate Limits of Insurance(Per Project)
Changes to Section F. Definitions
10. Extended Bodily Injury
11. Contractual Liability—Railroads
12. Office Premises -Limited Pollution Liability Coverage
1. Enhanced Supplementary Payments
The values shown in paragraph 1.f., Coverage Extension — Supplementary Payments, of Section A.
Coverages are amended as follows
A. The amount shown in paragraph (b) for bad bonds is amended from $1,000 to $3,000
B. The amount shown in paragraph (d)for actual loss of earnings because of time off work is amended from
$250 per day to$300 per day
2. Extended Property Damage
Exclusion 1.a., Expected or Intended Injury, of Section B. Exclusions Applicable to Business Liability
Coverage, is deleted and replaced with the following
This insurance does not apply to
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SB300176B 0108 Page 2 of 11
a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured This
exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force
to protect persons or property
3. Contractual Liability for Personal and Advertising Injury
Exclusion 1.p.(5) of Section B. Exclusions Applicable to Business Liability Coverage, is deleted
4. Additional Insureds
Section C. Who Is An Insured is amended to include the following additional insureds, subject to the
provisions stated below
A. State or Political Subdivisions—Permits
1. This insurance applies only with respect to operations performed by you or on your behalf for which
the state or political subdivision has issued a permit
2. This insurance does not apply to
a. "Bodily injury," property damage," "personal and advertising injury" arising out of operations
performed for the state or municipality, or
b. "Bodily injury" or"property damage" included within the"products-competed operations hazard "
B. State or Political Subdivisions
A state or political subdivision subject to the following provisions
1. This insurance applies only with respect to the following hazards for which the state or political
subdivision has issued a permit in connection with premises you own, rent, or control and to which
this insurance applies
a. The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway
openings, sidewalk vaults, street banners, or decorations and similar exposures, or
b. The construction, erection, or removal of elevators
2. This insurance applies only with respect to operations performed by you or on your behalf for which
the state or political subdivision has issued a permit
This insurance does not apply to "bodily injury," "property damage" or personal and advertising injury"
arising out of operations performed for the state or municipality
C. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising
out of
1. Their financial control of you,
2. Premises they own, maintain or control while you lease or occupy these premises
This insurance does not apply to structural alterations, new construction and demolition operations
performed by or for such additional insured
D. Managers or Lessors of Premises
A manager or lessor of premises but only with respect to liability arising out of the ownership,
maintenance or use of that specific part of the premises leased to you and subject to the following
additional exclusions
This insurance does not apply to
1. Any "occurrence"which takes place after you cease to be a tenant in that premises, or
2. Structural alterations, new construction or demolition operations performed by or on behalf of such
additional insured
E. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or
receiver and arising out of the ownership, maintenance, or use of a premises by you
This insurance does not apply to structural alterations, new construction or demolition operations
performed by or for such additional insured
F. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the
co-owners liability as co-owner of such premises
G. Lessor of Equipment
Any person or organization from whom you lease equipment Such person or organization are insureds
only with respect to their liability arising out of the maintenance, operation or use by you of equipment
leased to you by such person or organization A person's or organization's status as an insured under this
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SB300176B 0108 Page 3 of 11
endorsement ends when their written contract or agreement with you for such leased equipment ends
With respect to the insurance afforded, these additional insureds, the following additional exclusions
apply
This insurance does not apply
1. To any "occurrence" which takes place after the equipment lease expires, or
2. To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole
negligence of such additional insured
Any insurance provided to an additional insured designated under paragraphs A through G above does
not apply to "bodily injury" or "property damage" included within the "products-completed-operations
hazard "
S. Fellow Employee First Aid
Paragraph 2.a.(1)(d) of Section C.Who Is An Insured is deleted and replaced with the following
However none of these "employees" is an insured for
(d) "Bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide
professional health care services However this restriction does not apply to first aid administered by an
"employee"who is not an employed doctor or nurse
6. Retired Partners, Members, Directors, and Employees
Paragraph 2. of Section C.Who Is An Insured is amended to include the following as insureds
Individual persons who are retired partners, members, directors or employees are also insureds, but only for
"bodily injury," "property damage," "personal and advertising injury" that results from services performed for
you under your direct supervision
7. Participation in Professional Joint Ventures
A. The following paragraph 5 is added to Section C.Who Is An Insured:
5. You are also an insured for your participation in a past or present joint venture that is not named on
the Declarations, but only if such joint venture meets all of the following criteria
a. Each and every one of your co-venturers are architectural, engineering or surveying firms,
b. The joint venture has no direct employees, and
c. The joint venture does not own, rent or lease any real or personal property
However, you are insured only for the conduct of your business within such a joint venture You are
not insured for liability arising out of the acts or omissions of other co-venturers, nor of their partners,
members or employees
This insurance is excess over any other insurance available to such a joint venture, whether primary,
excess, contingent, or on any other basis
B. The last paragraph of Section C.Who Is An Insured is deleted and replaced by the following
Except as provided in 5. above, no person or organization is an insured with respect to the conduct of any
current or past partnership,joint venture or limited liability company that is not shown as a Named Insured
in the Declarations
8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of
Subrogation
The following is added to Section C., -Who is an Insured:
A. The Businessowners Liability Coverage form is amended to include as an insured, any person or
organization whom you are required to add as an additional insured on this policy under a written contract
or written agreement, but the written contract or written agreement must be
1. Currently in effect or becoming effective during the term of this policy, and
2. Executed prior to the "bodily injury," "property damage," or"personal and advertising injury"
B. The insurance provided to the additional insured is limited as follows
1. That person or organization is an additional insured solely for liability due to your negligence
specifically resulting from "your work" for the additional insured which is the subject of the written
contract or written agreement No coverage applies to liability resulting from the sole negligence of
the additional insured
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract
or written agreement or in the Declarations of this policy, whichever is less These limits of Insurance
are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations
3. The coverage provided to the additional insured within this endorsement and section titled Liability
and Medical Expenses Definitions — "Insured Contract" (Section F , item 9 ), within the
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SB300176B 0108 Page 4 of 11
Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising
out of the "products-completed operations hazard" unless required by the written contract or written
agreement
4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage,"
"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or
failure to render any professional services, including
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications by any architect,
engineer or surveyor performing services on a project of which you serve as a construction
manager, or
b. Inspection, supervision, quality control, engineering or architectural services done by you on a
project of which you serve as construction manager
5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising
injury" arising out of
a. The construction or demolition work while you are acting as a construction or demolition
contractor This exclusion does not apply to work done for or by you at your premises
C. Businessowners General Liability Conditions — Duties in the Event of Occurrence, Offense, Claim
or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the
following
An additional insured under this endorsement will as soon as practicable
1. Give written notice of an occurrence or an offense to us which may result in a claim or"suit' under this
insurance,
2. Tender the defense and indemnity of any claim or"suit" to us for a loss we cover under this Coverage
Part,
3. Tender the defense and indemnity of any claim or"suit" to any other insurer which also has insurance
for a loss we cover under this Coverage Part, and
4. Agree to make available any other insurance which the additional insured has for a loss we cover
under this coverage part
We have no duty to defend or indemnify an additional insured under this endorsement until we receive
written notice of a claim or"suit" from the additional insured
D. Other Insurance (Section H.2. and H.3.) of the Businessowners Common Policy Conditions are
deleted and replaced with the following
2. This insurance is excess over any other insurance naming the additional insured as an insured
whether primary, excess, contingent or on any other basis unless a written contract or written
agreement specifically requires that this insurance be either primary or primary and noncontributing to
the additional insured's own coverage This insurance is excess over any other insurance to which
the additional insured has been added as an additional insured by endorsement
3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional
insured against any "suit" if any other insurer has a duty to defend the additional insured against that
"suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional
insured's rights against all those other insurers
When this insurance is excess over other insurance, we will pay only our share of the amount of the
loss, if any, that exceeds the sum of
(a) The total amount that all such other insurance would pay for the loss in the absence of this
insurance, and
(b) The total of all deductible and self-insured amounts under all that other insurance
We will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage Part
E. Transfer of Rights of Recovery Against Others To Us (Section K.2.) of the Businessowners
Common Policy Conditions is deleted and replaced with the following
2. We waive any right of recovery we may have against any person or organization against whom you
have agreed to waive such right of recovery in a written contract or agreement because of payments
we make for injury or damage arising out of your ongoing operations or "your work" done under a
contract with that person or organization and included within the "products-completed operations
hazard "
9. Amendment-Aggregate Limits of Insurance(Per Project)
A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
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under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be
attributed only to ongoing operations at a single construction project
1. A separate Construction Project General Aggregate limit applies to each construction project The
Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit
shown in the Declarations
2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages
payable under Coverage A.1., except damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard," and for medical expenses payable under
Coverage A 2. regardless of the number of
a. Insureds,
b. Claims made or"suits" brought, or
c. Persons or organizations making claims or bringing "suits"
3. Any payments made under Coverage A.1 for damages or under Coverage A.2. for medical expenses
shall reduce the Construction Project General Aggregate limit for the applicable construction project
Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they
reduce any Construction Project General Aggregate limit applicable to other construction projects
4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented
to You, and Medical Expenses continue to apply However, instead of being subject to the General
Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction
Project General Aggregate limit
B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences,"
and for all medical expenses caused by accidents, which cannot be attributed only to ongoing operations
at a single construction project
1. Any payments made under Coverage A.I. for damages or under Coverage A.2. for medical expenses
shall reduce the amount available under the General Aggregate limit or the Products/Completed
Operations Aggregate limit, whichever is applicable, and
2. Such payments shall not reduce any Construction Project General Aggregate limit
C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any
payments for damages because of "bodily injury" or "property damage" included in the "products-
completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not
reduce the General Aggregate limit nor any Construction Project General Aggregate limit
D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the
authorized contracting parties deviate from plans, blueprints designs, specifications or timetables, the
project will still be deemed to be the same construction project
E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall
continue to apply as stipulated
10. Extended Bodily Injury
Definition 3. "Bodily Injury," of Section F., Definitions, is deleted and replaced with the following
3. "Bodily Injury" means bodily injury, sickness or disease, mental injury or mental anguish sustained by a
person, including death resulting from any of these
11. Contractual Liability - Railroads
With respect to operations performed within 50 feet of railroad property, the definition of"insured contract' in
Section F.,— Definitions is replaced by the following
8. "Insured Contract" means
a. A contract for a lease of premises However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to you or
temporarily occupied by you with permission of the owner is not an "insured contract",
b. A sidetrack agreement,
c. Any easement or license agreement,
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work
for a municipality,
e. An elevator maintenance agreement,
f. That part of any other contract or agreement pertaining to your business (including an indemnification
of a municipality in connection with work performed for a municipality under which you assume the
tort liability of another party to pay for "bodily injury" or "property damage" to a third person or
organization Tort liability means a liability that would be imposed by law in the absence of any
contract or agreement
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Paragraph f does not include that part of any contract or agreement
(1) That indemnifies an architect, engineer or surveyor for injury or damage ansing out of
a. Preparing, approving or fading to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications, or
b. Giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or
damage arising out of the insured's rendering or failure to render professional services, including
those listed in paragraph (1) above and supervisory, inspection, architectural or engineering
activities
12. Office Premises Limited Pollution Coverage
This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors
Extension endorsement modifies several portions of the Businessowners Liability Coverage Form These
modifications apply only to the coverage provided by this section of the endorsement
A. The following paragraph 3. is added to SECTION A. COVERAGES:
3. Office Premises Limited Pollution Coverage
a. Insuring Agreement
(1) We will pay those sums that the insured becomes legally obligated to pay as damages
because of "bodily injury" or "property damage" which directly results from a covered
"pollution incident" to which this insurance applies We will have the right and duty to defend
any "suit" seeking those damages We may at our discretion investigate any "pollution
incident" and settle any claim or"suit" that may result But
(a) The amount we will pay for damages is limited as described in SECTION D. LIMITS OF
INSURANCE as amended by this endorsement, and
(b) Our right and duty to defend end when we have used up the applicable limit of insurance
in the payment of judgments or settlements
(c) We have no duty to defend "suits" seeking damages not covered by this endorsement
No other obligation or liability to pay sums or perform acts or services is covered unless
explicitly provided for under paragraph 1.e. Coverage Extension — Supplementary
Payments of SECTION A. as amended by this section of the endorsement
(2) We will also reimburse you for "preventive remedial expense" that directly results from a
covered "pollution incident"to which this insurance applies
We will reimburse you up to $25,000 per annual policy period for all "preventive remedial
expense" directly resulting from all covered "pollution incidents," subject to a deductible of
$5,000 per covered "pollution incident" This annual limit is in addition to the per incident
deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION
D. LIMITS OF INSURANCE as amended by this endorsement
This"preventive remedial expense" coverage does not apply to expenses that are covered by
any other insurance available to the insured
(3) This insurance applies to "bodily injury," "property damage" or"preventive remedial expense"
at, on or from "your office premises" only if
(a) The "bodily injury" directly results from a "pollution incident" that happens entirely above-
ground at or from "your office premises", or
(b) The "property damage" occurs off of "your office premises" and directly results from a
"pollution incident" that happens entirely above-ground at or from "your office premises",
or
(c) The "preventive remedial expense" directly results from a "pollution incident" that
happens entirely above-ground on "your office premises" and does not result in any
covered "bodily injury" or"property damage, and
(d) The "pollution incident"
(i) is demonstrable as commencing and ending within 72 hours,
(ii) is accidental,
(iii) "commences during the policy period", and
(iv) happens in the"coverage territory "
(4) "Commences during the policy period" means that the first emission, discharge, release or
escape of the "pollutant" or "pollutants" from which the "bodily injury" or "property damage"
arises is demonstrable as having occurred during this policy period
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(5) All "bodily injury" or "property damage" resulting from one "pollution incident" shall be
deemed to have occurred only at the commencement date of the covered "pollution incident"
(6) The insured's responsibility to pay damages because of"bodily injury" or "property damage"
must be determined in a "suit" on the merits in the "coverage territory" or in a settlement we
agree to
(7) Damages because of"bodily injury" include damages claimed by any person or organization
for care, loss of services, or death resulting from the"bodily injury"
B. SECTION B. EXCLUSIONS is deleted and replaced by the following
This insurance does not apply to
a. "Bodily injury," "property damage" or "preventive remedial expense" expected or reasonably
foreseeable from the standpoint of the insured
b. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution
incident" which is a repeat or resumption of a previous "pollution incident" involving the same
pollutant from essentially the same source within the previous twelve (12) months, at the same
premises
c. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of
the assumption of liability in a contract or agreement This exclusion does not apply to liability for
damages that the insured would have in the absence of the contract or agreement
d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment
compensation law or any similar law
e. "Bodily injury"to
(1) An employee of the insured arising out of and in the course of
(i) employment by the insured, or
(ii) performing duties related to the conduct of the insured's business
(2) The spouse, child, parent, brother or sister of that employee as a consequence of(1)above
This exclusion applies
(1) Whether the insured may be liable as an employer or in any other capacity, and
(2) To any obligation to share damages with or repay someone else who must pay damages
because of the injury
L "Property damage" to
(1) A"waste facility"to which waste from the operations of an insured is consigned,
(2) Property you own, rent, or occupy now or at any time in the past,
(3) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises,
(4) Property loaned to an insured, or
(5) Personal property in care, custody or control of an insured
Paragraph (2) of this exclusion f. does not apply to "preventive remedial expense" at property you
own, rent or occupy now
g. "Bodily injury" at or from a "waste facility" to which waste from the operation of an insured is
consigned
h. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution
incident" at or from a "waste facility"which is on "your office premises"
L "Bodily injury" or"property damage" included within the "products-completed operations hazard "
j. "Bodily injury" or "property damage" arising out of the ownership or operation of any offshore facility
as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of
1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as
amended or as may be amended
k. "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire at any
premises, site or location which is or was at any time owned or occupied by or rented or loaned to
any insured
As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from
where it was intended to be
I. "Bodily injury" or"property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to
any insured Use includes operation and "loading or unloading "
This exclusion does not apply to "bodily injury" or"property damage" arising out of parking an "auto"
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on, or on the ways next to, premises you own or rent, provided the"auto" is not owned by or rented or
loaned to you or the insured
m. "Bodily injury" or "property damage" arising out of the emission, discharge, release or escape of
drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well
n. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution
incident" which results from or is directly or indirectly attributable to failure to comply with any
applicable statute, regulation, ordinance, directive or order relating to the protection of the
environment and promulgated by any governmental body, provided that failure to comply is a willful or
deliberate act or omission of
(1) The insured, or
(2) You or any of your members, partners, executive officers or managers of limited liability
companies
o. "Bodily injury," "property damage"or"preventive remedial expense" arising out of acid rain.
p. Any loss, cost or expense arising out of any request, demand or order by a governmental authority
that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or
in any way respond to, or assess the affects of"pollutants" at any site which is included on an EPA or
state environmental agency priority clean-up list prior to the "pollution incident"
q. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution
incident"which results from failure of air or waste water pollution control equipment
r. "Bodily injury," "property damage" or "preventive remedial expense" resulting from the "hazardous
properties" of"nuclear material "
As used in this exclusion
"Hazardous properties" includes radioactive, toxic, or explosive properties,
"Nuclear material" means"source material," "special nuclear material," or"by-product material",
"Source material," "special nuclear material," and "by-product material" have the meanings given
them in the Atomic Energy Act of 1954, or in any law amendatory thereof
s. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution
incident" from any insured's premises that was used by that insured for the storage, disposal,
processing or treatment of waste materials and was
(1) Sealed off, closed, abandoned or alienated prior to the effective date of this policy, or
(2) Sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring
maintenance or monitoring during or after sealing off or closure
t. "Bodily injury," "property damage" or"preventive remedial expense" arising out of waste derived from
medical services, procedures, testing or research, and which could potentially transmit disease
u. Any multiple, punitive or exemplary damages or fines or penalties However, if a "suit" is brought
against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof,
seeking both compensatory and punitive or exemplary damages, then we will afford a defense to
such action,without liability for such punitive or exemplary damages
v. "Bodily injury," "property damage" or"preventive remedial expense" arising out of
(1) the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense
that may be awarded or incurred by reason of a claim or"suit" for such injury or damage, or
(2) complying with a governmental direction or request to test for, monitor, clean-up, remove,
contain, or dispose of asbestos
Asbestos means the mineral in any form whether or not the asbestos was at any time
(1) Airborne as a fiber, particle, or dust,
(2) Contained in or formed a part of a product, structure, or other real or personal property,
(3) Carried on clothing,
(4) Inhaled or ingested, or
(5) Transmitted by any other means
w. "Bodily injury" or"property damage" ansing out of
(1) The transportation of "mobile equipment" by "auto" owned or operated by or rented or loaned to
any insured, or
(2) The use of "mobile equipment' in, or while in practice or preparation for, a prearranged racing,
speed or demolition contest or in any stunting activity
x. Any loss, cost or expense arising out of any
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
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monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess
the effects of"pollutants", or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for,
monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way
responding to, or assessing the effects of"pollutants"
However, this exclusion does not apply to liability for damages because of"property damage" that is
not otherwise excluded by this coverage, Office Premises Limited Pollution Coverage, unless the
request, demand, order or statutory or regulatory requirement or claim or "suit" is solely by or on
behalf of a governmental authority
C. Paragraph 11(1)(c) of Coverage Extension — Supplementary Payments, of SECTION A.
COVERAGES is deleted and replaced by the following
(3) Expenses incurred by the insured for first aid to others at the time of a "pollution incident" for "bodily
injury"to which this insurance applies
D. SECTION C. WHO IS AN INSURED is amended as follows
1. The following subparagraph d. is added to paragraph 4. of SECTION C.WHO IS AN INSURED:
d. Coverage 4., Office Premises Limited Pollution Coverage, does not apply to "bodily injury" or
"property damage" arising out of"pollution incidents" that occurred before you acquired or formed
the organization
2. The following additional paragraph is added at the end of SECTION C.WHO IS AN INSURED:
No person or organization identified as an insured on any endorsement now or hereafter attached to
this Coverage Part is an insured with respect to COVERAGE 4., Office Premises Limited Pollution
Coverage, unless that endorsement specifically references Office Premises Limited Pollution
Coverage by name
E. SECTION D. LIABILITY AND MEDICAL PAYMENTS LIMITS OF INSURANCE is deleted and replaced
by the following
LIMITS OF INSURANCE
1. The Limits of Insurance described in this endorsement's Schedule of Limits for Office Premises
Limited Pollution Coverage, and the rules below fix the most we will pay regardless of the number of
a. Insureds,
b. Claims made or"suits" brought, or
c. Persons or organizations making claims or bringing "suits"
2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily
injury" and "property damage" directly resulting from all "pollution incidents" to which Office
Premises Limited Pollution Coverage applies
3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay
for the sum of all damages because of "bodily injury" and "property damage" directly resulting from
any one"pollution incident"to which Office Premises Limited Pollution Coverage applies
4. The Limits of Insurance of this Office Premises Limited Pollution Coverage apply separately to
each consecutive annual period and to any remaining period of less than 12 months, starting with the
beginning of the policy period shown in the Declarations, unless the policy period is extended after
issuance for an additional period of less than 12 months In that case, the additional period will be
deemed part of the preceding period for purposes of determining the Limits of Insurance
5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and
not subject to the General Aggregate Limit for COVERAGE 1. Business Liability
6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended
by any endorsement attached to this policy which does not specifically reference Office Premises
Limited Pollution Coverage.
F. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows
1. Condition 2.a. is replaced by the following
2. Duties In The Event of Pollution Incident, Claim or Suit.
a. You must see to it that we are notified as soon as practicable of a "pollution incident"that may
result in a claim To the extent possible, notice should include
(1) How, when, and where the "pollution incident"took place,
(2) The names and addresses of any injured persons and witnesses, and
(3) The nature and location of any release, and of any injury or damage arising out of the
"pollution incident"
2. The following Condition is added
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Remediation of Insured's Premises
a. Except for "preventive remedial expense" as described in paragraph 4.a.(2) of SECTION A.
COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide
coverage for clean-up of"your premises " If a "pollution incident" happens on "your premises"that
poses imminent and substantial danger of "bodily injury" or "property damage" to which this
insurance applies, you must promptly take at your own expense all reasonable steps to curtail or
prevent covered "bodily injury" or"property damage" from happening
b. If, in defiance of the intent of this policy, we are ever compelled by court or governmental order to
pay to clean up part or all of"your premises," you agree to reimburse us for all such costs
With respect to your duties under this Condition, if a dispute arises between you and us with respect to
payment and/or reimbursement for any expenses for testing, monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing or in any way responding to or assessing the effects of "pollutants"
associated with "your premises, the matter shall be resolved by arbitration, and such arbitration shall be
governed by the Rules of the American Arbitration Association, and judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereover
If a dispute subject to arbitration hereunder should arise, either party may make a demand for arbitration by
filing a demand in writing with the other There shall be three arbitrators, one named in writing by each of the
parties within ten (10) days after the demand for arbitration is given and a third chosen by the two appointed
Should either party refuse or neglect to join in the appointment of the arbitrator(s) or to furnish the arbitrator(s)
with any papers or information demanded, the arbitrator(s) are empowered by both parties to proceed ex
parte Arbitration shall take place in Chicago, Illinois and the hearing before the arbitrator(s) of the matter to
be arbitrated shall be at the time and place within said city as is selected by the arbitrator(s) The arbitrator(s)
shall select such time and place promptly after his/her (or their) appointment and shall give written notice
thereof to each party at least 20 days prior to the date so fixed At the hearing, any relevant evidence may be
presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern
Evidence may be admitted or excluded in the sole discretion of the arbitrator(s) Said arbitrator(s) shall hear
and determine the matter and shall execute and acknowledge their award in writing and cause a copy thereof
to be delivered to each of the two parties The decision of any two arbitrators shall be final, binding and
conclusive
The submission of a dispute to the arbitrator(s) may be rendered by any Court having jurisdiction If three
arbitrators are selected under the foregoing procedure but two of the three fail to reach an agreement in the
determination of the matter in question, the matter shall be decided by three new arbitrators who shall be
appointed and shall proceed in the same manner, and the process shall be repeated until a decision is finally
reached by two of the three arbitrators selected The costs of such arbitration shall be borne equally by the
parties or in such proportions as the arbitrator(s) shall determine
Each party shall appoint and pay for any counsel appointed to represent it in such arbitration, unless
otherwise provided in law
This Section is not to be construed to give a right of action against us by a claimant not otherwise provided by
law
G. SECTION H. OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to
add the following paragraph 4.:
4. This condition does not apply to coverage afforded under Insuring Agreement a.(2) of Coverage 4.
Office Premises Limited Pollution Coverage.
H. SECTION F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include the following
definitions
"Commences during the policy period" means that the first emission, discharge, release or escape of
the "pollutant' or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable
as having occurred during this policy period
"Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that
such emission, discharge, release, or escape results in the injurious presence of "pollutants" in or upon
land, the atmosphere, interior of a building or any water course, body of water or ground water A series
of related emissions, discharges, releases or escapes of"pollutants" will be deemed to be one "pollution
incident"
"Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals and waste Waste includes materials to be recycled, reconditioned
or reclaimed
"Waste facility" means any site to which waste is delivered for storage, disposal, processing or
treatment, whether or not such site is licensed by a governmental authority to perform such storage,
disposal, processing or treatment
"Your office premises" means "locations" you own, rent or occupy for general office purposes "Your
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office premises"does not mean storage yards, nor land held for speculation or development, even if such
yards or land adjoin your office building "Your office premises" does not mean premises you live in For
the purpose of this definition, 'location" means premises involving the same or connecting lots, or
premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a
railroad
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