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HomeMy WebLinkAboutPK13-027 - Original - FORTERRA - Green Kent Partnership - 03/07/2013 Records M,; agem4KENTDocument WASHINGTON p M CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Forterra Vendor Number: 251700 JD Edwards N/u�mber �7 Contract Number: I �l� '© �( This is assigned by City Clerk's Office Project Name: Green Kent Partnership 2013 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3 -7-20 I3 Termination Date: 02/28/2014 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Victoria Andrews Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 t N'11,7KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and FORTERRA THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FORTERRA, organized under the laws of the State of Washington, located and doing business at 901 5th Ave., Suite 2200, Seattle, Washington, 98164, 206-905- 6923, Contact: Teresa Macaluso (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Subject to prior, written notice from the City that adequate funding is available, Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: See attached Scope of Services for implementation of the Green Kent Partnership. 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 February 28, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand, Seven Hundred Ninety-Four and No/100 ($15,794.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) ar 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 that would have been provided to the City under this agreement. 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. If this Agreement is terminated, the City shall be liable only for payment required under the terms of this Agreement for services rendered prior to the effective date of termination. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 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 f 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 and provided to the City under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) s 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 each party. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KKEE'NT: By: By: (signature) (signature) Print Name: Teresa Macaluso Print'Nam Suzktte Cooke Its Chief Operating Officer It a or itle DATE: �N l3 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kory Kramer Victoria Andrews FORTERRA City of Kent 901 5th Ave., Suite 2200 220 Fourth Avenue South Seattle, WA 98164 Kent, WA 98032 206-905-6923 (telephone) 206-577-9145(facsimile) (253) 856-5113 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Depar6n&t FORTERRA Glen Kent CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of ►— ` 6�r , 20-3 By: on For: Fa,� Title: Co O Date: 3 /9/ 13 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY ry EFFECTIVE DATE: January 1 NUMBER: 1.2 , 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work: March 2013 — February 2014 Presented to City of Kent, Parks, Recreation, and Community Services By Forterra, December 2012 GprrN KENT PARTNERSHIP With the 20-Year Park and Natural Area Management Plan adopted by the Kent City Council in September 2009, Forterra has been closely collaborating with both Parks and Public Works staff to implement the first phase of the plan (2009-2014). To date, implementation has included the creation of volunteer recruitment, management, and tracking methods,the creation and support of a Green Kent Steward program, and the set-up of an interdepartmental management team responsible for making progress toward actively managing the 1,344 acres of natural areas in need of restoration and maintenance by 2029 During the first three years, partnership tasks were divided across Parks, Public Works and Forterra staff. As the program has progressed through its initial phase, City of Kent staff have taken on more of the tasks necessary to maintain the program on a path toward achieving its goals At the same time, Forterra has been working to develop tangible ways to share resources across the six-city Green Cities Network that results in benefits across the Puget Sound region The City of Kent, while increasing its capacity to operate the program, sees the value in being connected to the pool of regional resources such as shared trainings and continuing education for stewards, quarterly topic-based focus groups with Green City program managers, an annual Green City Summit, and leveraged outreach to raise regional awareness of Kent's efforts, recruit for the 2013 annual Green Kent Day, and sign up new contacts who are interested in learning more about the Green Kent Partnership. To that effect, much of the work proposed in this scope is related to bolstering Kent's connection to regional resources Forterra's role will reflect this shift in Kent's priorities. Forterra's Responsibilities and Deliverables • Green Kent Steward Orientation: Forterra staff will participate in the 2013 Green Kent Steward orientation, presenting the background behind the Green City Partnerships including Forterra's regional connection through the Cascade Agenda mission, and providing a sense of the geographic scope that new Kent stewards will be contributing to by summarizing regional statistics • Quarterly management team regional updates: Forterra staff will attend one Green Kent management team meeting to update staff on upcoming training and education opportunities for Kent stewards across the regional Green Cities Network, and coordinate any potential grant proposal ideas that will contribute to achieving the Green Kent Partnership's goals. • Quarterly educational trainings for Stewards: Forterra will organize and host four continuing education trainings for Green Kent stewards that will enhance steward knowledge about restoration best practices, volunteer event management, western Washington ecology, native plant identification and uses, plant propagation techniques, and/or other practical topics that could include things like small grant proposal writing and how to engage in the public process. • Maintain regional resource sharing site: Forterra will maintain and update a Green Cities Network resource-sharing site that will 1 Keep Green Kent staff informed of upcoming steward and staff trainings being offered in other Green Cities, 2. Provide a place to share helpful community and urban forestry resources, 3 Provide an updated Green Cities Network directory r of staff contact information and roles where Green Kent staff can connect to help answer questions or solve problems that other cities may have already experienced, and 4 Provide a communication platform for Green Kent staff to post questions to other site users. • Green Cities quarterly forums: Forterra will coordinate and host four Green Cities forums to focus on topics important to Green City program managers as voted on by the managers. These forums will rotate across Green Cities. • Green Cities annual summit: Forterra will coordinate and host one annual Green Cities Summit that will provide Green Kent program managers a forum to share their successes, new best practices, as well as challenges with other Green City program managers in order to continue improving the regional effectiveness of restoration efforts • Regional Green City Day series outreach support: Forterra will coordinate one regional press release about the Green City Day fall series that will highlight the efforts of all cities holding an annual Green City Day The regional scope of this press release will position Kent's work as part of a larger effort, providing a larger reach and more awareness. The Green Kent Partnership will also be included in a Forterra-led outreach project at the 2013 WA State fair in Puyallup. By sharing costs across six Green Cities, Kent will benefit by having a three-week presence at a regional event, while not having to bear the entire financial burden of organizing and staffing the booth Deliverable Cost Rate Forterra presents Green Cities background, connection to Cascade Agenda and regional statistics at Steward Orientation $270 $270/orientation Attend management team meetings once per quarter to provide regional update re: upcoming tramigs opportunities and share potential grant proposal ideas $1,080 $270/meeting Quarterly educational trainmgs for Stewards-Forterra staff $5,400 $1,350/training TBD by training and Sub-consultant support for quarterly trainmgs consultant; not to exceed $1,300 $1,300 Green Cities one-hub sharing site; maintained with upcoming regional trainings available to Green Kent Stewards, relevant shared resources as they become available,and updated Network directory $2,860 $238.33/month Four Green Cities forums,to be held quarterly with topics determined by city partner input $1,000 $250/forum Annual Green Cities summit $1,500 $1,500/summit •$600/booth Annual Green Cities Day series outreach support: one regional press coordination release, coordinate booth at WA State Fair, 12 hrs. Forterra staff time •$550/regional press release at booth for Green Kent Partnership •$90/hr staff time for $2,230 outreach Travel budget $154 $0.555/mile TOTAL $25,794 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Forterra Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for in3unes to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. FORTERR-01 MXlJ CERTIFICATE OF LIABILITY INSURANCE °AT 2125/20132512013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATtMILUER.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 REPRE911110WiAT1VE 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 endorsement(s) CON PRODUCER NAMEACT Bruch(llica Jones Chantilly-Alllant Ins Svc Inc AICONr c Ell (703)397-0977 FAX No (703)397-0995 4530 Walney Rd Ste 200 E-MAIL Chantilly,VA 201 51-228 5 ADDRESS bjones@alliant.com INSURER(S)AFFORDING COVERAGE NAIC 0 INSURERA Federal Insurance Company 20281 INSURED INSURER B Travelers Casualty and Surety Co America 31194 Forterra INSURER c 901 Fifth Avenue,Suite 2200 INSURER D Seattle,WA 98164 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR rypE OF INSURANCE A POLICYEFF POLICY EXP LIMITS LTR R,WV POLICY NUMBER _ MM/DDNYYY MWMDIPYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 _0AVA=RENTED A X COMMERCIAL GENERAL LIABILITY X 35763928 7MI2012 7/1/2013 PREMISES Ea occurrence $ 1,000,00q CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 X Stop Gap-WA PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ Included POLICY PRO- El Lac Host Liquor Is Included BINED AUTOMOBILE LIABILITY CA amderdSINGLE LIMIT $ 1,000,00 A ANY AUTO 35763928 7/1/2012 7/1/2013 BODILY INJURY(Per person) $CHEDULED BODILY INJURY(Peraccident) $ S AUTOS IALL NON-0WNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT $ OCCUR EACH OCCURRENCE $ 2,000,00ACLAIMS-MADE 79798540 7/112012 7/1/2013 AGGREGATE $ 2,000,00$ $ WORKERS COMPENSATION WC STATdU OTH- AND EMPLOYERS'LIABILITY YIN T RY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA E L EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYE $ I(yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POUCY LIMIT $ A Directors&Officers 81641435 7/1/2011 711/2013 Liability 1,000,00 B Professional 105620248 6/9/2012 6/9/2013 Liability 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks schedule,if more spaces required) Certificate holder is included as an additional insured on the general liability as required by contract,as their interest may appear,as respects to the operations of the insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn Victoria Andrews 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE V ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD PRODUCER'S COPY. 0059813 FRANEY MUHA ALLIANT INSURANCE SERVICES/CAN 4530 WALNEY RD, #200 CHANTILLY, VA 20151-000 x ri-.r7 � hro { PRODUCT: CUSTOMARQCLASSIC 2003 POLICY NO: 000035763928 i TRANSACTION. ENDORSEMENT u w 5 W W ca U rn m o z o H � o H o 1f1 N ri qF o H N a W ' za in �C W� U Customarq Series NE Customarq Classic Insurance Program Premium Summary Chubb Group of Insurance Companies 15 Mountain View Road Warren, NJ 07059 Named Insured and Mailing Address Policy Number 3576-39-28 EUC FORTERRA 901 FIFTH AVENUE,SUITE 2200 Effective Date DULY 1,2012 SEATTLE,WA 98164 Issued by the stock insurance company indicated below, herein called the company FEDERAL INSURANCE COMPANY Producer No 0059813-99999 Incorporated under the laws of INDIANA Producer FRANEY MUHA ALLIANT INSURANCE SERVICES/CAN 4530 WALNEY RD,#200 CHANTILLY,VA 20151-0000 �xxn:x.... <x . .x «xramxasz.,a�e,. �rezez. z ,ex ��zFromxue� zaeaa�+ s�aa�^ssrzo smy �,;:�snsrz-,ramxs� exmzs�sass..Ev. Policy Period From JULY 1,2012 To: JULY 1,2013 12 01 A M standard time at the Named Insured's mailing address shown above. azt Premium Payment The First Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay �Y<a vn•� "' '^9'M1StMi�'fi .Ca4� M `>' \ 7/ nr•• F Premium Audit Certain classifications within our rates and rules indicate that premiums calculated therefrom can be significantly affected by large increases or decreases in your business results Based upon our underwriting review of information provided by you,we imay at our discretion perform a premium audit You may also request such an audit t If an audit is conducted and additional premiums are due,they are payable upon notice to the First Named Insured.If as a result of an audit the premium paid is greater than the earned premium we will return the excess to the First Named Insured The First Named Insured must keep records of the information we need to perform the audit and send us copies at such times as we may I request. S 1 kx u3X a3 " ..e$>YWMMM awfa.E «NkF$�ak@ m YX k .k 2S xs a dk> o « 64 Coverage Rate Premium l TOTAL $67 Issue Date OCTOBER 9,2012 continued Form 80-02-9030(Rev.10.05) Prermum Summary Page 1 tE JI l Premium Summary (continued) If ATD coverage is provided on this policy,additional certificate and handling fees may be imposed during the policy term Coverage Premium Additional certificate and handling fees may be imposed as respects to certification of pressure equipment as mandated by State and/or local jurisdictional authorities k4mpawwmY� 3aF.u"xSY9A:x495`5'X/++d/n�.+W'.etQhY. *"h"d4#;.L.6<S< Rai `i`u < �"bF Payment Plan The bill that corresponds with this policy has been mailed separately When you receive the bill,please pay the amount due by the date indicated.Payment should be made directly to Chubb.As always,prompt payment will keep your coverage in place. AMENDED Al FORM 80-02-2367 ADDING CFrY OF KENI Issue Date, OCTOBER 9,2012 1"tpage Form 80-02-9030(Rev 10-05) Premium Summary Page 2 IcLiability Insurance cr•�uBe Declarations Chubb Group of Insurance Companies 15 Mountain View Road Warren, NJ 07059 Named Insured and Mailing Address Pohcy Number 3576-39-28 EUC FORTERRA 901 FIFTH AVENUE,SUITE 2200 Effective Date JULY 1,2012 SEATTLE,WA 98164 Issued by the stock insurance company indicated below, herein called the company FEDERAL INSURANCE COMPANY Producer No. 0059813-99999 Incorporated under the laws of INDIANA Producer FRANEY MUHA ALLIANT INSURANCE SERVICESICAN 4530 WALNEY RD,#200 CHANTILLY,VA 20151-0000 Policy Period From JULY 1,2012 To JULY 1,2013 12 01 A M standard time at the Named Insured's mailing address shown above. .o-7tiYdA'f4^`:Kbt%,Ja AMU , a4AWIV ..cCffx7N.. R- .,VAMWW . 1x`LSYx "'v aMM� . .WM ••'�^ o«, Liability Coverage Limit Of Insurance GENERAL LIABILITY GENERAL AGGREGATE LIMIT $ 2,000,000 (PRODUCTS AND COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE) EACH OCCURRENCE LIMIT $ 1 ,000,000 i ADVERTISING INJURY AND S 1,000,000 PERSONAL INJURY AGGREGATE LIMIT DAMAGE TO PREMISES S 1,000,000 RENTED TO YOU LIMIT MEDICAL EXPENSES LIMIT $ 10,000 NON-OWNED AND HIRED CAR LIABILITY EACH OCCURRENCE LIMIT S 1,000,000 i I Liabdity Insurance Issue Date OCTOBER 9,2012 continued Form 80-02.0010(Ed 4-94) Dedarabons Page I Liability Coverage Limit Of Ihsurance (continued) STOP GAP AGGREGATE LIMIT S 1 ,000,000 BODILY INJURY BY ACCIDENT- S 1 ,000,000 EACH ACCIDENT LIMIT BODILY INJURY BY DISEASE- $ 1 ,000,000 EACH EMPLOYEE LIMIT DESIGNATED STATE WASHINOTON '." i.N�'^'o "a6�tk'k�5v;:':lf?.` 8..t C''d`:'73':"^•f. >', "."'t�333YYz`�il '�Rc`E'."' 1TV'w'1'K$"&; w +tv-=-W k RATING INFORMATION STATE: WASMNGTON COVERAGE NAME PREM/OPS CLASSIFICATION CODE NUMBER: 41670 CLASSIFICATION DESCRIPTION CLUBS-CIVIC,SERV,SOCIAL-W/O BLDGS OWNED/LEASED EXCEPT FOR O (THIS CLASSIFICATION INCLUDES PRODUCTS/COMPLETED OPERATIONS) PREMIUM BASIS NUMBER OF MEMBERS: 2,108 RATE: 1 .09 COVERAGE NAME, PREM/OPS CLASSIFICATION CODE NUMBER: 49452 CLASSIFICATION DESCRIPTION- VACANT LAND(NOT-FOR-PROFIT) (THIS CLASSIFICATION INCLUDES PRODUCTS/COMPLETED OPERATIONS) PREMIUM BASIS. NUMBER OF ACRES 4,167 RATE: 0.453 COVERAGE NAME: PREM/OPS CLASSIFICATION CODE NUMBER- CLASSIFICATION CLASSIFICATION DESCRIPTION' VACANT LAND(NOT-FOR-PROFIT) (THIS CLASSIFICATION INCLUDES PRODUCTS/COMPLETED OPERATIONS) PREMIUM BASIS. NUMBER OF ACRES 2,792 RATE: 0.452 Liability Insurance issue Date OCTOBER 9,2012 continued Fw n 80-02-0010(Ed.4-94) Declarabwrs Page 2 Liability insurance cE•+uEse Declarations Effective Date JULY 1,2012 ' Pohcy Number 3576-39-28 EUC • "WOMM ^'+voR>.. - SF lqYkR 'KmYRi$X `"WAM �RY.4tYaR:n`�t2r�k<..`4�MRG 39L1 .•Y 'rpm. ..4�D%i, .` -:d.�#+'� AMM Liability Coverage (continued) STATE: WASHINGTON COVERAGE NAME. STOP GAP CLASSIFICATION CODE NUMBER: 00175 CLASSIFICATION DESCRIPTION- STOP GAP-WASHINGTON PREMIUM BASIS: PAYROLL. $1 ,425,535 RATE. 0.101 COVERAGE NAME: STOP GAP CLASSIFICATION CODE NUMBER- 00175 CLASSIFICATION DESCRIPTION- STOP GAP-WASHINGTON PREMIUM BASIS PAYROLL $32,000 RATE: 3.125 uaa�x�rs a a^.mMM ^e sa c., rmr4M. "Aft 1491VMAWA� 1 I STATE: WASHINGTON EMPLOYERS NON-OWNED CLASSIFICATION CODE NUMBER. 00180 CLASSIFICATION DESCRIPTION EMPLOYER'S NON-OWNED-CORPORATIONS PREMIUM BASIS NUMBER OF EMPLOYEES: 55 RATE 2 091 } HIRED CAR CLASSIFICATION CODE NUMBER: 00181 CLASSIFICAT]ON DESCRIPTION HIRED CAR 1 PREMIUM BASIS. COST OF HIRE: 2,500 RATE 1 .480 1 babrlity Insurance Issue Date OCTOBER 9,2012 last page j Form 90-02-0010(Ed 4-94) Declarations Page 3 I Liability Insurance cHuss Endorsement Policy Period JULY 1,2012 TO JULY 1,2013 Effective Date JULY 1,2012 Policy Number 3576-39-28 EUC Insured FORTERRA Name of Company FEDERAL INSURANCE COMPANY Date Issued OCTOBER 9,2012 iThis Endorsement applies to the following forms- GENERAL LIABILITY i Under Who Is An Insured,the following provision is added Who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance,any person or organization shown in the Organization Schedule,acting pursuant to a written contract or agreement between you and such person or organization,is an insured;but they are insureds only with respect to liability ansing out of your operations,or your premises,if you are obligated,pursuant to such contract or agreement,to provide them with such insurance as is afforded by this policy However,no such person or organization is an insured with respect to any: • assumption of liability by them in a contract or agreement This limitation does not apply to the liability for damages for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. I damages ansing out of their sole negligence. Schedule CITY OF KENT 220 FOURTH AVENUE SOUTH KENT,WA 98032 Liability Insurance Additional Insured-Scheduled Person Or Organization continued Form 80-02-2367(Rev 8-04) Endorsement Page 1 I Liability Endorsement (continued) All other terms and conditions remain unchanged. Authorized Representative Liability Insurance AdMonal Inured-Scheduled Person Or Orgenizabon last page Form 80-02-2367(Rev 8-04) Endorsement Page 2 4^41�� KEN T WN s H,G.o N Agenda Item: Consent TO: City Council DATE: March 5, 2013 SUBJECT: 2013-2014 Forterra Contract for Green Kent Partnership - Authorize MOTION: Move to authorize the Mayor to sign the contract with Forterra for continuation of the Green Kent Partnership from March 2013 through February 2014, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: Forterra, formerly Cascade Land Conservancy, spearheaded the first Green Cities Partnership in Seattle and has been working with Kent since 2009 to help us best manage our publicly owned urban forested parks and other natural areas. Staff entered into a contract with Forterra in 2010 to develop the 20-year plan and to help begin implementing field work in 2011 and 2012. In 2013, Forterra will become more of a regional resource, hosting quarterly forums, an annual summit and a shared website and calendar. Forterra staff will attend our management team meetings quarterly and assist with Green Kent Day. The $15,794 contract is being underwritten by a grant from the King Conservation District, which was approved February 11, 2013. EXHIBITS: Forterra Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted expense of $15,704.00 through the Green Kent Budget and supported by a grant from King Conservation District 5 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Victoria Andrews Dept/Div: Parks Planning & Dev. Extension: 5113 Date Sent: 3/6/2013 Date Required: Return to: Victoria Andrews CONTRACT TERMINATION DATE: 2/28/2014 VENDOR: Forterra NW DATE OF COUNCIL APPROVAL: 3/5/2013 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Consultant Services for 2013 Forterra has been working with Kent since 2009 to help us best manage our publicly owned urban forested parks and other natural areas. Staff entered into a contract with Forterra in 2010 to develop the 20-year plan The $15,794 contract is being underwritten by a grant from the King Conservation District, which was approved February 11, 2013. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: 6VED Law Dept. Comments: REC \��1' " Date Forwarded to Mayor: 6 > ( CIry Of Kent _1Mayur Shaded Areas To Be Completed By Administration Staff Received:Recommendations and Comments: RECEIVED . ECEIVED Disposition: ������ �2, y�� fJ2,Q�O/� � A Date Returned: CIIYCLERK