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HomeMy WebLinkAboutPK14-042 - Original - FORTERRA - Green Kent Partnership - 03/05/2014 Records ICETl7" Document WASMINGTON _ { Nq pj• 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 Number Contract Number:—VA 1 - () `)-,- This is assigned by City Clerk's Office Project Name: Green Kent Partnership, Year 5 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/1/2014 Termination Date: 2/28/2015 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.): PPD Contract # PPD14-01 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 I6EIoIT CONSULTANT SER1/ICES 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 Fifth Avenue, Suite 2200, Seattle, Washington 98164; Teresa Macaluso (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: See Scope of Work, herein attached as Exhibit A: Continuing services in support 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 shalldescribedSection omple di p Inb the effece dte of y February 28, 2015 this Agreement. Consultant hall III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirteen Thousand, Five Hundred Ninety-four dollars and no cents lta ($13,594.00), 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. B. The performed, and aant hall finalu biilltupon monthly completionpayment ofinvoices the services described in this CONSULTANT SERVICES AGREEMENT 1 ays of Agreement. The City shall provide payment within forty-five (ce, at shall not ipt of an invoice. If the City objects to all or any p n 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: ontrol and he A detai soofuitsnwork, the Citytbeing y to c interested only cint the performance The Cnsltat has the results 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. an ccount E. the s ateulDepartmentlofeRevenuered its uandsothedr state ll gencesaas may with 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 d terminate writtenthis notice A eem tent, with address set or without cause, upon providing the other party thirty (30) 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 ofwork under this Agreement or any subcontract, the Consultant, its subcontractors, or any person ing on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, or the presence of any sensory, mental, or physical disability, sexual orientation, national origin, qualified and available to perform the work to which the discriminate against any person who isEmployment employment relates. Consultant shall yexle execute the attached City ofPolicy Kent n Equal t on Opportunity Policy Declaration, Comply Y of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, egal costs and attorney arising in damages, lose rConsultantlsdpegrforrlmancceof this Ag eement, except for that r portion of the connection with 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 coup efeventt of I abil ty jurisdiction determine competent for damagesarisingtoutsof bodily injury to Agreement is subject to C persons or 4.24.115, then, in nt damages to property caused by or resulting from the concurrent ers,the Consultant's nliability and the City, its officers, officials, employees, agents and volunteers, 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)e to have be nfor wrongdefenful refusal ng on the ll Consultant's part, then Consultant shall pay 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. for the duration the in VIII. INSURANCE. The Consultant t shall a procure and unts described in Exhibit B attached f and Agreement, insurance of the types 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, loped or eated under his Agreement shall belong leto and become the property of the City.VeAll records submitted t submitted by the city to the ch Consutant will be guarded City bpon the City's y the nrequest t. Consultant City's use e or reuse reuset of anyof the and filesanyone other than documents, data and files created e Consultant for this project by Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is it independent contraork ctor with the authority to control and direct the performance of theeCity and s of t shahe ll be authorized under this Agreement, the work must meet the approval subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 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 to use recycled and recyclable products whenever requires its contractors and consultants 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. Governin C. Resolution of Disputes and g 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 d mail, and shall be deemed sufficiently given if sent to date of mailing by registered or certifie this Agreement or such other address as may be the addressee at the address stated in hereafter specified in writing. E. Assignment. Any assignment of this Agreement either patty gives ithout the written consent to consent of the non-assigning party shall be void. If the non-assigning party g its fany urther assignment shall bes of madehis Agreement shall without additional written)nue in consentull force and effect and no F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering entsinto arerhereby made part a part of this altering Agreement. Howevers should any language All above uage in an documents of docu CONSULTANT SERVICES AGREEMENT 4 i the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the Parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By � p.t ✓ "1i �6 By: (sgnature) (signature) Print Name: "� ` '" P,Trfnt Nyrfn� uzette Cooke Its lts Maur — ` title) DATE: "z DATE: ` 1 FNOTICES BE SENT TO: NOTICES TO BE SENT TO: ,T: CITY OF KENT: tom,d �6,'_�>y Victoria Andrews City of Kent 901 Fifth Avenue, Suite 2200 220 Fourth Avenue South Seattle, WA 98164 Kent, WA 98032 9 (253) 856-5113 (telephone) 1�y@forterra.org Q (sw4 e09 (telephone) vandrews@kentwa.gov ttsw4m4ey@forterra.org APPROVED AS TO M. r Kent Law Department i. P:%P amft% .,Ken[\Portema 2014\Gre Kent 3o1KON R A= 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 lations of the City's equal employment opportunity Agreement shall comply with the regu 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 i disability. r will de a 3, alDuring t the time employees his and subcontractors I indicating reement the prime comm commitment as an written statement 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. By: . r� For: Title: Date: EEO COMPLIANCE DOCUMENTS 1 DECLARATION I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY opportunity. i The City al Kent r committed to conform to Federaliers whote laws performewor regarding equal relation to this As such all contractors, subcontractors and suppliers Agreement shall comply with the regulations of the City's equal employment opportunity policies. ry for ,I The following questions specifically id ratify this specific Agreement to adhere nts the City sto, An aafirmative contractor, subcontractor or supplier questions for this Agreement to be valid and binding. response is required an all of the following q if any cdirectives the toutlines,ubc it willrbe considactor or ered a breacr wllh of contract nand tmwillvbe at the regard to sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: I I, I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will the discrim resenc sex, race, color, nationa eaof all sensory, mental te in employment tor physical �I l origin, age, or p disability. commitment as an equal opportunity �I 3 all During the employees hand s prime ubcont actorsi indicating contractor will provide a written statemento employer. i 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5 P Before Contractor, that tihe Prime Cont actonc�ompiledtwith the relquirements as set forth I above. By signing below, I agree to fulfill the five requirements referenced above. i By: fit' For: v o Title:Date: 7,11 LI)i 4 EEO COMPLIANCE DOCUMENTS - I Ii 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. me contractor will de a 3. all ring he employees his Agreement the and subcontractors rli indicating commitment) as an written statement qualopportunity 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS 1 CITY OF KENT ADNIINISTP.ATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUPERSEDES: April 1, 1996 SUBJECT: MINORITY AND WOMEN CONTRACTORS APPROVED BY Jim White, Mayor POLICY: l and Equal employment opportunity requirements for the City of Kelnt will conform ers of the City must guarantee state laws. All contractors, subcontractors, consultants and supp 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. ho lfully Any contractor, subcontractor,opportunity requirements ui eme is shallpplier vbe conlsidered disregards in breach of contract nondiscrimination and equal opp Y q and subject to suspension or termination for all or part of the Agreement. Contract by the ctors of anning, Parks, Works compliance officers to assume the following dudties for their erespect respective and Public 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. federal, state and local laws, policies and guidelines. 2. Monitoring to assure adherence to 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 that was entered contractor for the Agreement known as (date), between the firm I represent and the City of into on the 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS 3 EXHIBIT A Scope of Work: March 2014 — February 2015 Am Presented to City of Kent; Parks, Recreation, and Community Servocesy� By Forterra, September 2013 `�." �A T . PARTNERSHIP `YI Since the 20-Year Park and Natural Area Management Plan was adopted by the Kent City Council in September 2009, Forterra has closely collaborated with both Parks and Public Works a to implement the first phase of the plan (2009-2014). During the first three years of the partnership, on included the creation of volunteer recruitment, management, and tracking methods, the creation and ent team support of a Green Kent edtoward actively managing the ng the 1,344 interdepartmental acrres of natural areas in need of responsible for making progress restoration and maintenance by 2029. Through 2012, partnership tasks were divided across Parks, Public Works and Forterra staff. As the program became more established, in 2013 City of Kent staff assumed responsibility for the core tasks necessary to achieve the restoration and community engagement goals laid out in the management plan. At the same time, Forterra has been working to develop tangible ways to share resources across the six-city Green Cities Network, resulting in regional benefits that are greater than the sum of each city's contribution. 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, and leveraged outreach to raise regional awareness of Kent's efforts, recruit for the 2014 annual Green Kent Day, and sign up new contacts who are interested in learning more about the Green Kent Partnership. The groundwork for this type of regional resource sharing was laid in 2013 and is in place to continue rtnership staff and stewards throughout 2014. Under this providing value to both Green Kent Pa agreement, Forterra will provide the services described below at the rates shown in the table on page 2. Forterra's Responsibilities and Deliverables Green Kent Steward orientation Forterra staff will participate in the 2014 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 and impact that new Kent stewards will be contributing to by summarizing regional statistics. Quarterly management team regional management team meeting p a ularter to update partnershipfs l attend Green K staff on upcoming training and q education opportunities for Kent stewards across the regional Green Cities Network, an 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 about education trainings for Green Kent stewards that will enhance steward knowledge native restoration best practices, volunteer event management, western Washington ecology, plant iand uses, plant topics that ation could includec propagation things I ke small grant propo alwriting and how to engage in the pulblic process. Page 1 of 2 Maintain regional resource sharing site: Forterra will maintain and update a Green Cities ce-sharing site that will 1. Keep Green Kent staff informed of upcoming steward Network resour 2. Provide a place t share helpful and staff trainings being offered in other Green Cities, community and urban forestry resources, 3. Provide an updated Green Cities Net directory 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 focus groups: Forterra will coordinate and host four Green Cities focus groups to discuss topics important to Green City program managers as voted on by the managers. These group meetings will rotate acrossCities. ® 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 broader reach and more awareness. The Green Kent Partnership will also be included in a Forterra-led outreach project at the 2014 WA State fair in Puyallup. By sharing costs across six Green Cities, Kent will benefit by having a presence at a regional event, while not having to bear the entire financial burden of organizing and staffing the booth. Cost Rate Deliverable Forterra presents Green Cities background,connection to Cascade $270 $270/orientation Agenda and regional statistics at Steward Orientation Attend management team meetings once per quarterto provide regional update re: upcoming staff and steward training/educational opportunities and share potential grant proposal ideas $1,080 $270/meeting Forterra staff to organize logistics and host quarterly educational $5,400 $1,350/training trainings for Stewards TBD by training and consultant; not to exceed Sub-consultant support for quarterly trainings $600 $600 Green Cities one-hub sharing site;maintained with upcoming regional trainings available to Green Kent staff and Stewards,relevant shared resources as they become available, and updated Network directory $2,860 $238.33/month Four Green Cities focus groups,to be held quarterly with topics $1,000 $250/focus group determined by city partner input .$600/booth coordination support:one regional press .$550/regional press Annual Green Cities Day series outreach supp release,coordinate booth at WA State Fair, 12 hrs. Forterra staff time release. . staff time for at booth for Green Kent Partnership $2,230 outreach $154 $0.555/mile Travel budget $13,594 TOTAL Page 2 of 2 EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The intain for duration of the Agreement, Consultant nce against claims forinjudri injuries r to persons o damage to property which bmay aise from r y therConsult nt,ln connection with the their agents, representatives, employees of the r ork hereunder 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 O1. The City shall be named as an Additional Insured under the Consultant's Commercial pGeneral erformed olr�the City usininsurance g ISO additionalolicy with resect to e work l insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. ired by the 2. Workers, industrialIonsuUrance (laws of the State coverage as ofuWashington. 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. e written with 2 I m is no less than $1,1000,000 each occurrence,abil-1-Y _insurance shall b $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: be 1. The Consultant's insurance Insurance,aself-nsge lu ancpe, or insurance pool respect the City. Anrimary insurance as cosura ge and shall n oby the f c ntributeCit aall be with it. excess of the Consultant's hallbe endorsed to state that 2. The Consultant's insurance s except after thirty (30) days prior shall not be cancelled by either party, written notice by certified mail, return receipt requested, has been given to the City. ed ies 3. The cittProfessionalofntsll be nam ability) asaespecs an tdwork performed by itional insured on lorponlcbehalf of the Consultant and a copy of the endorsement naming the City as e. The additional insured shall be attached to the Certificof all required e of Insurance City reserves the right to receive a certifieat d copyinsura policies. The Consultant's Commercial General Liability e aratnc to all also contain a clause stating that coverage shall app y P each i sure Pecs go the limits whom of the insurer's ade or liability. suit is brought, except with D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Verification of Coverage of the Consultant shall furnish the City with original certificates and a copy amendatory endorsements, including but not necessarily limited to the the Consultant before i insured �ommenc,e evidencin the ment of the work.insurance requirements of F. Subcontractors bcontractors as insureds under its policies or Consultant shall include all su shall furnish separate certificates and endorsements for each subcontractor. All core a rages s stated herein acto for tale be subject tto all of the same insurance CERTIFICATE /� ® -��/ Date(MM/DDNR) ACORD. F LIAB'L' 1 ® INSURANCE 2/13/2014 T IS CERTIFICATE DOESINOT AFF RMA VE Y ORRNEGAT NEGATIVELY AMEND, EXTEND NDDOR ALTER THE COVERAGE AFFORDED BY N5 RIGHTS UPON THE THELUER. THIS POLICOI, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSITUTE 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 require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu Gf such endorsements. CONTACT '- PRODUCER NAME: FAX Heffernan Insurance Brokers PHONE g00-208-6912 500-215-0147 AIC.No,Ex A/C,Na PO Box 69038 EMAIL Portland, OR 97239 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA: General Insurance Co.of America 24724 INSURED FOrterra INSURERS: American States Insurance Com any 197004 901 Fifth Ave. #2200 INSURER C: Seattle,WA 98164 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: NOTWITHSTANDING ANY REQUIREMENT,ITERM OOR CONDIT ON OFF NYACONTRACT OR OTHEQR DOCUMENT WITH RESPECT TO WHICH THIS ANDCER C CONDITIONS VE FOR THE-POLICY PERIOD INIMAM 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 REDUDGCED BU PAID CLAIMS. PO 1 Y EFF POLICY EXp LIMBS PCLICYNUMBER MMIDDM'Y MMlDDIYYYY INSR TYPE OF INSURANCE INSR NMO EACH OCCURRENCE $1,000,000 LTR GENERAL L LIABILITY DAMAGE TC RENTED $i,(00,(00 x x 25CC36185110 07l01l2013 07/0112014 PREMISES Ee occurrence A X GCMM11ERCIAL GENERALLIABILITY MED EXP(Any ore Person) $10,000 CLAIMS-MADE OCCUR PERSONAL&ACV $1,000,000 INJURY X WASHINGTON STOP GAP$1,W0,000 GENERALAGGREGATE $3,000,000 PRODUCTS -COMPIOP $3,000,000 AGG GEM,AGGREGATE LIMIT APPLIES PER X POLICY PROJECT LOC COMBINED SINGLE LIMIT $1 000000 (Ea eeadeat) AUTOMOBILE LIABILITY BODILY INJURY(P., $ A ANY AUTO x 25OC36185110 07/0112013 07/01/2014 PR,,.n) BODILY INJURY(Per $ SCHEDULED accident) ALL OWNED AUTOS AUTOS PROPERTY DAMAGE $ X NON-0WNED (Peracruwn X HIRED AUTOS AUTOS EACH OCCURRENCE $ 10,000,000 X UMBRELLALIAB X OCCUR AGGREGATE $10,000,0()0 B ExCESSLAe CLAIMS-MADE 015U43052510 0710112013 07l01/2014 OED % RETENTION $10,000 WC STATU- OTH- TORY LIMITS ER WORKERS COMPENSATION YIN EL.EACH ACCIDENT AND EMPLOYERS LIABILITY ANTIVE/ ❑ NIA EL.DISEASE-EA $ OFFICEROAEMBER EXCLUOED? EMPLOYEEY PRORPIERITOPoFARTNER/EXECU (Alandaw'In N.H.) E.L.DISEASE-POLICY $ If yer,describe urder DESCRIPTION OF - LIMIT OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORC 101,Additional Remarks Schedule.if more space is required) RE:As Per Contract or Agreement on File with Insured. General Liability policy,City of Kent is/are included as Additional Insured,on a Primary&Non-Contributory basis, per the As respects thepplies for Completed Operations per form CG2037 07-04.A Waiver of Subrogation attached form G General 10-02.Additional Insured status a -D7, page 4 of 4.Additional Insured status applies on the Automobile Liability applies on the General Liability policy per form CG7635 02 policy per form CA2048 02-99,attached.The Auto Liability policy applies on a Primary basis per form CA 00 01. N CERTIFICATE HOLDER SHOULD CANCELLATIO THE EXPIRATION YDATE THEREOF, NOTICE OF THE ABOVE I WILL BED BEIDELIVERED IN ACCORDANCIES BE CANCELLED OCEEWITH THE POLICY PROVISIONS. City of Kent A THORIZEO REPRESENTATIVE 220 Fourth Ave. S. Kent,WA 98032 7 logo are registered marks of ACORD ®1.88-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and • 8co� nERc1AL ENERAi6I35 2of s 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL} tT CAREFULLY, LiABIUTY PLUS ENQORSEUENT This endorsement modifies insurance provided under the following: COMMEjfclAL GENERAL LtABIL1TY COVERAGE PART' SCHEDULE Name of Person or Organization City of Kent BY WRITTEN lease or occupy,subject to the following ADDITIONAL INSURED additional provisions: CONTRACT, AGREEMENT OR PERMIT, OR (a) This Insurance does not apply to SCHEDULE any "oocurrence"which takes place The following paragraph is added to WHO IS AN after you cease to be tenant in INSURED (Section it): any premises leased to or rented to you; 4. Any person or organization shown in the Sahed- uie or for whom you are required by written con- (b) This insurance does not apply to iny , new con tract, agreement or permit to provide insurance afro tgnot0atdetmoittions operafilons is an insured, subject to the following addtional performed by or on behalf of the provisions: person or organization added as an a. The contract, agreement or permit must be insured: in,effect during the policy period shown in the Declarations, and trust have'been e- (2) Your ongoing whether the work 'IS Performed that men cuted prior t in- o the-personal injury" -property ou or for you; damage of "persc ial and advertising by y Y injury" (3) The ;maintenance, operation or use,by b. The person or organization added as an in- you bf equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: Th oes not aply to (9) The ownership, maintenance or use of {a} any occurrence"insuranced which tak spplace that par[ of premises you own, rent; after the equIpment lease expires; Includes Copyrighted Material of insurance Services Office, Inc.,v ltn'its permission. Copyright, Insurance Services, 2001 S,m ard the Saxe OP sae reg"Md hanks a'SAM CVPM6or, EP' Page I of<. CG 7k � 92 q7 This exclusion applies even if the claims {b} This insurance does not apply f- against any insured allege negligence or "bodily injury or "property dam other wrongdoing in the supervision, hiring age" ar sing out of the sa{e negli= employment;training or monitoring of others Bence of such person or by that insured, if the "occurrence" which organization, caused the "bodily injury" or "property (4) Permits issued by any state ar political damage" involved the ownership, mainte- with respect to operations nance, use or entrustment to others of any sulbdiulson performed you or on your behaif; aircraft "auto" or watercraft that is owned at pro- or orat subject to the following addit on ed k y or rented or loaned to any in cured, vision: I to: This insurance does not apply to "bodily This exclusion does not apply injury", "property damage", or (f) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state (2) A watercraft you do not own that is or municipality. (a} Less than 52 feet bong; and c. The insurance with respect to any architect. (b} Not being used to carry persons or engineer, or surveyor added as an insured by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- (3) Parking an "auto" on, or on the ways sonal and advertising injury" arising out of next to, premises you awn or rent, pro- der rendering of or the failure to render any vided the "auto" is not owned by or professional services by ar for you, includ rented or loaned to you or the insured; ing: (4} Liability assumed under any "insured (1) The preparing, approving, or failing to contract" for the ownership, mainte prepare or approve maps, drawings, nance or use of aircraft or watercraft, or opinions, reports, surveys; change or- (5) "Bodily injury" or "property damage" ders, designs or specifications; and arising out of: (2) Supervisory, inspection or engineering (a) the operation of machinery or services. equipment that is attached to, or d. This insurance does not apply to 'bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the products-completed operations l az- amobile pment' if it were not subject toga'compulsory or financial and". responsibility law or other motor ve- hicle insurance law in the state A person's or organizatiorfs status as an insured un- where It is licensed or principally der this endorsement ends when your operations for garaged',or that insured are completed.. (b) the operation of any of the machin- ery or equipment listed in Paragraph en coverage will be liability od d in the abseImposed by of this f.(2) or f.(3) of the definition of endorsement, no liability would be Imposed b taw on "mobile equipment'. you. Coverage shall 6e limited to the extent of your negligence or fault according to the applicable princi- (g) An aircraft you do not own provided it is pies of comparative fault, not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE,LIABILITY AIRCRAFT LIABILITY When a Damage To Premises Rented To You Limit is Exclusion g= of COVERAGE A (Section 1) Is replaced shown in the Declarations, Exclusion j. of Coverage by the following: A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising Damage To Property out of the ownership,maintenance, use or fi entrustment to others of any aircraft, "auto" -property damage" to: craft ownear water of operated by or rented (t) Property you own,rent, or occupy, including or loaned to any Insured. Use includes oper- any costs or expenses incurred by you, or ation and loading or unloading". Page 2 d 4 any other person, organization or entity, for WHO IS AN INSURED MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II); person or damage to another's property; Paragraph(t) does not apply to executive officers,. or (2) Premises you sell, give away or abandon, if to managers at the supervisory level or above. the "property damagey'arises out of any part of those premises; SUPPLEMENTARY PAYMENTS COVERAGES A (3) property loaned to you; AND B — .BAIL BONDS = TIME OFF FROM (4) Personal property in the care; custody or WORK control of the insured, Paragraph'I.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real.property on which COVERAGES A AND B is replaced by the following:: you or any contractors or subcontractors b Up to $3,000 for cost of bail bonds required working directly or indirectly on your behalf because of accidents or traffic law violations are performing operations, if the "property arising out of the use of any vehicle to which damage" arises out of those operations,or the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work"was incorrectly performed on it. Paragraph'1•d_of SUPPLEMENTARY PAYMENTS do COVERAGES A AND B is replaced by the following: Paragraphs (1). (3) and (4) of this exclusion not apply to "property damage'" (other than d. Ail reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist i in the in- damage of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prom- including actual loss of earnings up to $500 ices Rented To You as described in Section Ill a day because of time off from work. — Limits Of Insurance. Paragraph(2) of this exclusion does not appl EMPLOYEES AS INSUREDS m HEALTH CARE y if SERVICES the premises are `your work" and were never occupied, rented or held for rental by you. Provision 2.a.(f)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED (6) of this exclusion does not "property damage" included in the "products- 4RGAIJ12ATiONS completed operations hazard". Provision 3.a.of WHO IS AN INSURED (Section 11)is Paragraph $. of LIMITS OF INSURANCE (Section IIf) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. 6. Subject to 5. above, the Damage To Premises PROPERTY DAMAGE" Rented To You Limit is the most we will pay um EXTENDED �+ der Coverage A for damages because Of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1)is replaced rented to you, or in the case of damage by fire, by the following: while rented to you or temporarily occupied by y injury" " damn e" expected you with permission of the owner. a. or intended in u or property g P or intended from the standpoint of the Insured. This exclusion does not apply to "bodily injury"' The Damage To Premises Rented Limit You limit n the or "property g damage' resulting from the use of higher of the Each mount shown L"omit shown a the reasonable force to protect persons or Property- as Damage To Premises Rented To You Limit. P CG 76 33 0? Page 3 of 4 ' 61 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3 of DEFINITIONS (Section V) is replaced INCREASED MEDICAL EXPENSE LIMIT by the following: 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to S10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any tlrne. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY COMMERCIAALcuGENERAL LIABCLITy Claimrrence, Offense f Event Of CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): }lights Of Recovery Against others To Us of COM MERCIAL GENERAL LIABILITY CONDITIONS (Sao- Knowledge of an "Occurrence", claim or suit" by Lion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the KAZARDS "products-completed operations hazard".This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE -- PER If you unintentionally fail to disclose any hazards ex- LOCATION fisting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non renewal. expenses caused by accidents under COVERAGE C LIBERALIZATION CLAUSE (Section 1),which can be attributed only to operations at a single `location": The following paragraph ara raPh is added to COMMERCIAL Paragraphs 2.a- and 2.b. of Limits of insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): lion III) apply separately to each of your "Iccations" owned by or rented to you. ld. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location` means premises involving the same or miurn' becomes effective during the pocyoperiod ur pol- connecting lots, or premises whose connection is icyw will automatically state ally pro de this Declarations, additional ov- erage on the effective date of the revision. Page 4 of 4 POLICY NUMBER: 25-CC-361851-2 COMMERCIAL GENERAL 20IABI 37 I Y 04 THIS ENDORSEMENT CRANES THE POLICY. PLEASE READ IT CAREEIILLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Addifional insured Person(s) Location And Description of Completed operations Or Organization(s)- City of Kent Information re wired to complete this schedule if not shown above,wi11 be shown in the Declarations. Section 11 Who Is An Insured is amended to include as an additional insured the person(s) Or organization(s) shown in the Schedule, but only with respectto liability for"bodily injury' or"property damage" caused,in whole or in part, by"your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the `products- completed operations hazard": CG 20 37 07 04 @ ISO Properties, Inc:, 2004 Page 1 of 1 CG 76 8010 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Flame of Person or organization: City of Kent (ff no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) nded you. i be of includeIONit any additionalAN insured spe son c r negf gencer or fault age Jaccording totthe appl cable prini extent of r organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of; 1. The additional insured is an insured but only for a The coverage and/or limits of this policy,or liability directly resulting from: b. The coverage and/or limits required by the a. your ongoing operations for the additional in- contract, agreement or permit. sured whether the work is performed by you or for you; or With respect to the insurance'afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV — COMMER- erations by the additional insured. CIAL GE replaced bAL yLIABILITY CONDITIONS is de- Cleo 2. This insurance does not apply to: 4 other Insurance a. Toddy injury` or "property damage" arising out of any act or omission of, or for defects a. This insurance is primary and nffecte by utory, and our obligations are not affected by in tired o furnished by or for, the additional any other insurance where the additional in- sured or sured is the Named Insured, whether pri- b. moodily injury' or "property damage" in- mart' excess, contingent, or on any other cluded within the "products-completed oper- basis; however, the defense of any claim or ations hazard." "suit*' must be tendered as soon as practi- cable to all other insurers which potentially A person's or organizations status as an additional provide insurance for such claim ar 'suit". insured under this endorsement ends when your ap Ires onl Sa the op- erations for that insured are completed. b additioThis dnaltf'i additional red shown provision in the Schedule No coverage will be provided if,in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. ST" and tha S&: .139E are regmtere.l 4aikmarks of Ssiva ikrP�°EP CG 76 80 Id D2 (3) The nature and location of any injury ;or 4. other Insurance damage a€tsing out of the "occurrence or If other valid and collectible insurance is available offense. to the Insured for a loss we cover under Cover- b. if a claim is made or "suit' is brought against ages Aor B of this Coverage Part, our obligations ou must are limited as follows: any insured, y insurance (1) immediately record the specifics of the dawn a. Primary t when Para- or'suit'and the date received, and This insurance is prhrrary ex P graph . below applies, if this insurance is pri- (2) Notify us soon as Practicable. mary, b our obligations are not affected unless You must sae tort that we receive written no- any of the other insurance is also,primary: tice of the claim or"suit"as soon as practicable, Then, we will share with all that other nsurance o, You and any other involved insured must by the method described in Paragraph c. be- (1) Immediately send ,us copies of any de- low. mands, notices,summonses or legal Papers b, Excess Insurance received in connection with the daim or (1) This insurance is excess Over: "suit; (a) Any of the other insurance, whether (2) Authorize us to obtain records and other primary, excess contingent or on any information; other basis: (3) Cooperate with us, in the investigation, or (1) That is Fire, Extended Coverage, settlement of the claim or defense against Builder's Risk, Installation Risk or the""suit"; and sfmilarcoveragefor'°yourwork' (dj Assist us, upon our request, in the en (kl That is Fire insurance for Premises forcernent of any right against any person rented to you or temPorarify accu- or organization which may be liable to the pied by you with permission of the insured because of injury or damage to owner; which this insurance may also apply. (fit That is insurance purchased by you d. No insured will, except at that insured's own to cover your liability as a tenant for cost, voluntarily make a payment, aIssume'any "property damage" to Premises Obligation,or incur any expense; other than for rented to you or temporarily oocu- first aid, without our consent. pied by you with permission of the 3, Legal Acton Against Us owner, or No,person or;organizaiion has a right under this (a++) n nce or the lsuse Of aircraft, 'autos'arises Out of the Or Coverage Part watercraft to the extent not subject to a. To join us as a party or otherwise bring us into Exclusion g. of Section t-Coverage a'ault"asking for damages from an insured; or A—Bodily injury And Property Dam- b. To sue us on this Coverage Part unless all of age Liability. its terms have been fully complied with, (b) Any other primary insurance available to A'person or organization may safe us to recover you covering liability for damages arising on:an agreed settlement or on a final judgment- `out of the premises or Pperations, or the against an insured; but we will not be liable for products and completed operations, for damages that are not payable under the terms of which you have been added as an addi- this Coverage Pat or that are in excess of the ap- tional insured by attachment of an on- plicable limit of insurance. An agreed settlement dorsement means a settlement and release of liability signed 2 Men this insurance is excess we will have by us the insured and the claimant or the claim- ( ) no duty under Coverages A c , B to defend ant's legal representative„ the insured against any "suit" if any other insurer has a duty to defend the insured against that 'sulf'. If no other'insurer de- ends, we will undertake to do so, but we Will be entitled to the Insured's rights against all those other insurers. GC 00 01 1207 ISO Properties, Inc., 2076 Page 11 of 16 xGerrn BROU a cc� POLICY NUMBER: 25CC3 6185110 COMMERCIAL AUTO ca za as 02 99 THIS ENDORSEMENT CHANGES THE POLICY- PLEASE READ IT CAREFULLY. DESIGNATED;INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM,.. GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With Respect to coverage provided by this endorsement,:the provisions of the.Coverage Form apply unless modified by this endorsement- Tits endorsement Identifies person(s) or organization($)who are"insureds' under the Who Is An Insured Provision of the Coverage Form-This endorsement does not alter coverage provided in the Coverage Fame. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below_ SCHEDULE Name of Person(s)or Organization(s):; City of Kent (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement) Each.person or organization shown in the Schedule Is an "insured' for Liability Coverage, but any to the extent that person or organization qualifies as an"insured'under the Who Is An Insured Provision contained in Section fl of the Coverage Form. CA 2a 48 02 99 Copyright,Insurance Services Office, Inc. 11998 B. General Conditions d. When this coverage form and any other 9. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency ofthe"insured"or the only our share_ Our share is the proportion "insured's" estate will not relieve us of any obli- that the Limit of Insurance of our coverage gations under this coverage form. form bears to the total of the limits of all the 2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on This coverage form is void in any case of fraud the same basis_ by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage sured", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you would have when this policy began. We a. This coverage form, will compute the final premium due when b. The covered`auto" we deternine your actual exposures The estimated total premium will be credited c. Your interest in the covered"auto";or against the final premium due and the first d. A claim under this coverage form_ Named insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due date on the bill. If the es- coverage without additional premium charge; timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revision is ef- get a refund: fectiveinyourstate. b. If this policy is issued for more than one 4. No Benefit To Bailee-Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period,Coverage Territory property for a fee regardless of any other pro- sunder this coverage form, we cover"accidents" vision of this coverage form and "losses"occurring: 5. Other Insurance a- During the policy period shown in the Dec- a. For any covered "autoo" you own, this cov larations,and erage form provides primary insurance. For b. Within the coverage territory. any covered "auto" you don't own, the in- surance provided by this coverage form is The coverage territory is: excess over any other collectible insurance. (1) The United States of America; However;while a covered "auto"which is a (2) The territories and possessions of the Unit- "trailer" is connected to another vehicle,the ed States of America, Liability Coverage this coverage form pro- vides for the"trailer"is: (3) Puerto Rico; (1) Excess while it is connected to a motor (4) Canada-land vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered"auto"you own. ger type is leased, hired, rented or bor- b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 30 any covered "auto you lease, hire, rent or days or less, and borrow is deemed to be a covered "auto"" (b) The 'insured's" responsibility to pay you own. However, any "auto" that is damages is determined in a"suit'on the leased, hired, rented or borrowed with a merits, in the United States of America, driver is not a covered"auto"- the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico a. above, this coverage form's Liability or Canada orin_a settlement we agree Coverage is primary for any liability as- to- sumed under an"insured contract". CA DO 01 03 10 (D Insurance services Office, Inc.,2009 Page 9 of 12 REQUEST FOR MAYOR'SSIGNATURE T`I�� Please Fill in All Applicable Boxes „ .,. . k Y2eviewe.d by Director Originator's Name: Victoria .Andrews Dept/Div: Parks Planning & Development Extension: 5113 Date Sent: 2/25114 Date Required: Return to: Victoria / Lynn Osborn TRACT TERMINATION DATE: 2/28/15 VENDOR: Fe�rterra DATE OF COUNCIL APPROVAL: n/a ---- ATTACH ATTACH THE COUNCIL MOTION SHEET FOR. THE MAYOR - if applicable Brief Explanation of Document: -- --- -- ---�I Continuing support for Green Kent Partnership. This is Year 5 of the Partnership. r' All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept,: Law Dept. Comments: �l Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: a0A-9lvv" 0+�yr 1( . � �JE:Recommendations and Comments: j Disposition 'f �, /p fr =61 CITY Of MN, ' RK �e 2lYCYC�--''%,. �� Date Returned: ��. Records M ' em , fil Document WA9 XINOTON .,..a k 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. I Vendor Name: Forterra Vendor. Number: 251700 JD EdwLwards Number Contract Number: Pvl ) 14 _ C)ttJ- ,,- This is assigned by City Clerk's Office Project Name: Green Kent Partnership Year 5 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/1/2014 Termination Date: 2/28/2015 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.): PPD Contract # PPD14-01 i i i S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KE O T W ps ulx GrGN ', 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 Fifth Avenue, Suite 2200, Seattle, Washington 98164; Teresa Macaluso (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: See Scope of Work, herein attached as Exhibit A: Continuing services in support 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. Consultant shall complete the work described in Section I by February 28, 2015. itIII. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirteen Thousand, Five Hundred Ninety-four dollars and no cents ($13,594.00), 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. 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) the Exhibits to this Agreement conflict with any language contained In this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: B g y y (signature) (signature) _ Print Name: P,Hnt Nafne`._�uzette Cooke Its C" its--- Mayor ��''ff title) DATE: °�tr f`t DATE: r � NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: `v h�irrneyM• Victoria Andrews Forterra City of Kent 901 Fifth Avenue, Suite 2200 220 Fourth Avenue South Seattle, WA 98164 Kent, WA 98032 60j o 3 (206) 905-6909 (telephone) (253) 856-5113 (telephone) hsvAaan"@forterra.org vandrews@kentwa.gov APPROVEQ AS TO F RM: • �=,,�;� �,,�; .jam. hk` � •J Kent Law Department P:\Plenning\Green Kent\Fortene\2014\Green Kent 2014.COWMA Ao 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: I 1. I have read the attached City of Kent administrative policy number 1.2. i 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. i By signing below, I agree to fulfill the five requirements referenced above. i By: For: °� �`2 Title: Date: 14JIK EEO COMPLIANCE DOCUMENTS - 1 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. By: For: ° rct i Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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. By: For: Title: Date: i i EEO COMPLIANCE DOCUMENTS - 1 I 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. i i I EEO COMPLIANCE DOCUMENTS - 2 i 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work: March 2014— February 2015 Presented to City of Kent; Parks, Recreation, and Community Services By Forterra, September 201 CT 3 tPA RT Since the 20-Year Park and Natural Area Management Plan was adopted by the Kent City Council in September 2009, Forterra has closely collaborated with both Parks and Public Works staff to implement the first phase of the plan (2009-2014). During the first three years of the partnership, implementation 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. Through 2012, partnership tasks were divided across Parks, Public Works and Forterra staff. As the program became more established, in 2013 City of Kent staff assumed responsibility for the core tasks necessary to achieve the restoration and community engagement goals laid out in the management plan. At the same time, Forterra has been working to develop tangible ways to share resources across the six-city Green Cities Network, resulting in regional benefits that are greater than the sum of each city's contribution. 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, and leveraged outreach to raise regional awareness of Kent's efforts, recruit for the 2014 annual Green Kent Day, and sign up new contacts who are interested in learning more about the Green Kent Partnership. The groundwork for this type of regional resource sharing was laid in 2013 and is in place to continue providing value to both Green Kent Partnership staff and stewards throughout 2014. Under this agreement, Forterra will provide the services described below at the rates shown in the table on page 2. Forterra's Responsibilities and Deliverables • Green Kent Steward Orientation: Forterra staff will participate in the 2014 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 and impact 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 per quarter to update partnership 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. j • 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. Page 1 of 2 • 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 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 focus groups: Forterra will coordinate and host four Green Cities focus groups to discuss topics important to Green City program managers as voted on by the managers. These group meetings will rotate across Green Cities. • 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 broader reach and more awareness. The Green Kent Partnership will also be included in a Forterra-led outreach project at the 2014 WA State fair in Puyallup. By sharing costs across six Green Cities, Kent will benefit by having a 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 staff and steward training/educational opportunities and share potential grant proposal ideas $1,080 $270/meeting Forterra staff to organize logistics and host quarterly educational trainings for Stewards $5,400 $1,350/training TBD by training and Sub-consultant support for quarterly trainings consultant; not to exceed $600 $600 Green Cities one-hub sharing site; maintained with upcoming regional trainings available to Green Kent staff and Stewards, relevant shared resources as they become available,and updated Network directory $2,860 $23833/month Four Green Cities focus groups,to be held quarterly with topics determined by city partner input $1,000 $250/focus group *$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 $13,594 -, Page 2 of 2 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,006 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. �I ACORD CERTIFICATE OF LIABILITY INSURANCE Oat2(MM20D14lYR) 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 CONSITUTE 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 require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER CONTACT NAME: Heffernan Insurance Brokers PHONE FAX PO Box 69038 A/C,No,EXt: 800.208.6912 A1C,No: 800-215.0147 EMAIL Portland, OR 97239 ADDRESS INSURERS AFFORDING COVERAGE NAIC# INSURERA: General Insurance Co.of America 24724 INSURED Forterra INSURER B: American Stales Insurance Company 19704 901 Fifth Ave. #2200 INSURER C: 31194 Seattle,WA 98164 INSURER D: INSURER E: I INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICYEFF POLICYEXP LIMITS LTR INSR WVD MMIDDIVYYY M WD GENERAL LLIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY X X 25CC36185110 07/01/2013 07/01/2014 PREMISES Ea ouurrenee $1,000,000 CLAIMS-MADE ❑ OCCUR MED EXP(Any ane person) $10,000 PERSONAL&ADV $1,000,000 X WASHINGTON STOP GAP$1,000,000 INJURY GENERAL AGGREGATE $3,000,000 PRODUCTS-COMPIOP $3,000,000 GENT.AGGREGATE LIMIT APPLIES PER AGO X POLICY PROJECT LOG COMBINED SINGLE LIMIT $1,OBD,080 AUTOMOBILE LIABILITY (Ea acGdann A AJw AUTO X 25CC36185110 07/01/2013 07/01/2014 parpory INJURY(Per $ SCHEDULED BODILY INJURY(Per $ ALL OWNEDAUTOS AUTOS accitlenl) X HIRED AUTOS % NON-OWNED IP OH�a;AMAGE $ AUTOS $G X UMBRELLALIAB X OCCUR EACH OCCURRENCE $10,000,000 B EXCESSLIAB CLAIMS-MADE 01SU43052510 07/01/2013 07/01/2014 AGGREGATE $10,000,000 DED X RETENTION $10,000 WCSTATU- OTH- WORKERS COMPENSATION TORY LIMITS ER AND EMPLOYERS'LIABILDY YM YPRORPIEHIT"ARTNEWEXECW1AE ❑ E.L.EACHAC-EA $ AN OFFICER/MEMBEREXCLUOEW NIA E.L.DISEASE-EA $ (Alandainry In N.H.) EMPLOYEE If ye a,dascdhe under DESCRIPTION OF E.L.DISEASE-POLICY $ OPERATIONS Win. LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORO 101,Additional Remarks Schedule,if more space le required) RE:As Per Contract or Agreement on File with Insured. As respects the General Liability policy, City of Kent is/are included as Additional Insured,on a Primary&Non-Contributory basis, per the attached form CG7680 10-02.Additional Insured status applies for Completed Operations per form CG2037 07-04.A Waiver of Subrogation applies on the General Liability policy per form CG7635 02-07,page 4 of 4.Additional Insured status applies on the Automobile Liability policy per form CA2048 02-99,attached.The Auto Liability policy applies on a Primary basis perform CA 00 01. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN,ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Ave. S. AUTHORIZED REPRESENTATIVE Kent,WA 98032 r ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ®1-88-2010 ACORD CORPORATION.All rights reserved. B Insurance COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL 'GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent ADDITIONAL INSURED BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to any "occurrence"which takes place The following paragraph is added to WHO IS AN after you cease to be a tenant in INSURED (Section 11): any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con (b) This Insurance does not apply to tract, agreement or permit to provide Insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a, The contract, agreement or permit must be person or organization added as an in effect during the policy period shown In insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property, sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement Is an insured only person or organization, subject to the to the extent you are held liable due fo: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any"occurrence" which takes place after the equipment lease wpires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 We and the S teco Ugo asa isgisterM trademarks U S0000 CarpmMan CG 76 35 02 07 Page I of 4 EP (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gene of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the `bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, 'auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to `bodily This exclusion does not apply to: injury', "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you awn or rent; out of operations performed for the state or municipality. (2) A watercraft you do not awn that is: c. The insurance with respect to any architect, (a) Less than 62 feet long; and engineer, or surveyor added as an Insured (b) Not being used to carry persons or j by this endorsement does not apply to property for a charge; `bodily injury", `property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- vided the 'auto" is not owned by or professional services by or for you, includ- rented or loaned to you or the insured; ing: (1) The preparing, approving, or failing to (4) Liability assumed under any "insured contract" for the ownership, mainte- prepare or approve maps, drawings, nance or use of aircraft or watercraft; or opinions, reports, surreys, change or- ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment that is attached to, or d. This Insurance does not apply to 'bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organizatlon's status as an Insured un- hicle insurance law in the state der this endorsement ends when your operations for where It is licensed or principally that insured are completed., garaged;or (b) the operation of any of the machin- No coverage will be provided if, in the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) no aircraft you do not own provided if is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j• Damage To Property entrustment to others of any aircraft, "auto" "property damage" to: or watercraft owned or operated by or rented or leaned to any insured. Use Includes oper- (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or ation and "loading or unloading". Page 2 of 4 any other person, organization or entity, for WHO IS AN INSURED = MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following Is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section If): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B � BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.1p- of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of ball bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage° (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, Including the con- sured at our request to assist us In the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. = limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 6. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section I) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or `property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. i Ge 76 35 02 07 Page 3 of 4 EP EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, Including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or`your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE . PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal- expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location". The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 POLICY NUMBER: 25-CC-361851-1 COMMERCIAL GENERA 2LI3BILITY THIS ENDORSEMENT CHANES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations City of Kent . Information required to complete this schedule, if not shown above,will be shown in the Declarations. Section II - Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage"caused,in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the 'products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc_, 2004 Page 'I of 1 n �IISLIrance CG76601002 ac THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable prinei- organization shown in the Schedule subject to the ples of comparative fault, following provisions: The insurance provided will not exceed the lesser of; 1. The additional insured is an insured but only for liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you;or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- l. This insurance does not apply to: leted and replaced by the following: a. `bodily injury" or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. `"Bodily injury" or `property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard" basis; however, the defense of any claim or 'suit" must be tendered as soon as practi- A person's or organizatiprfs status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or 'suit". erations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if, in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. Sg/ and Hsa Safe )No uo rogistered talart ks d Safro CaWafion CG 76 BO 10 02 EP (3) The nature and location of any injury or 4. Other insurance damage arising out of the "occurrence" or If other valid and collectible Insurance is available offense. to the insured for a loss we cover under Cover- b. If a claim is trade or "suit" Is brought against ages AorB of this Coverage Part, our obligations any insured, you must: are limited as follows: (1) Immediately record the specifics of the claim a. Prirnary Insurance or"suit"and the date received; and This insurance is primary except when Para- (2) Notify us as soon as practicable. graph b. below applies.If this Insurance is pri- You must see to it that we receive written no- mary, our obligations are not -affected unless lice of the claim or"suit"as soon as practicable. any of the other insurance Is also primary. Then, we will share with all that other insurance a You and any other involved insured must by the method described in Paragraph c. be- (1) Immediately send us copies of any de- low. mands,notices, summonses or legal papers b_ . Excess Insurance received in connection with the claim or'Suit"; (1) This insurance is excess over: (2) Authorize us to obtain records and other (a) Any of the other Insurance, whether information; primary, excess, contingent or on any other basis: (3) Cooperate with us in the investigation ,or (i) That is Fire, Extended Coverage, settlement of the claim or defense against Builder's Risk, Installation Risk or the"suit" and ' similar coverage for"your work'; (4) Assist us, upon our request, in the en- forcement of any right against any person M That is Fire insurance for premises or organization which may be liable to the rented to you or temporarily occu- insured because of injury or damage to pied by you with permission of the which this insurance may also apply. owner; d. No insured will, except at that Insured's own (€11) That is insurance purchased byyou cost, voluntarily make-a,payment assume any to cover your liability as'a tenant for obligation, or incur any expense, other than for property damage" to premises rented to you first aid, without our consent. with temporarily occ pled by you with permission of the 3. Legal Action Against Us owner; or No person or organization has a right under this (iv) If the loss arises out of the mainte- Coverage Part: nance or use of aircraft, "autos" or a. To join us as a panty or otherwise bring us into watercraft to the extent not subject to a"suft"asking for damages from an insured; or Exclusion g. of Section I —Coverage b. To sue us on this Coverage Part unless all of A— Bodily Injury And Property Dam- its terms have been fully complied with. age Liability. A person or organization m sue us to recover (b) Any other primary insurance available to P 9 �` you covering liability for damages arising on an agreed settlement or on a final judgment out of the premises or operations, or the against an insured; but we will not be liable for products and completed operations, for damages that are not payable under the terms of which_you have been added as an addl- this Coverage Part or that are in excess of the ap- tional insured by attachment of an en- plicable limit of Insurance. An agreed settlement dorsement, means a settlement and release of liability signed by us, the Insured and the claimant or the claim- (2) When this insurance is excess, we will have ant's legal representative, no duty under Coverages A or B to defend the insured against any 1suit" if any other Insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so but we Will be entitled to the insured's rights against all those other Insurers. CG 00 0112 07 b ISO Properties, Inc., 2006 Page 11 of 16 ❑ Acertrr ewacat CON POLICY NUMBER: 25CC36185110 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following_ BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With Respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below_ SCHEDULE Name of Person(s)or Organization(s): City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured' for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the"insured"or the only our share. Our share is the proportion "insured's" estate will not relieve us of any obli- that the Limit of Insurance of our coverage gations under this coverage form. form bears to the total of the limits of all the 2. Concealment,Misrepresentation Or Fraud coverage forms and policies covering on This coverage form is void in any case of fraud the same basis. by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage sured", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you would have when this policy began_ We a. This coverage form; will compute the final premium due when b. The covered "auto'; we determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered"auto"; or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the bal- ance, if any. The due date for the final pre- 3. Liberalization mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due date on the bill. If the es- coverage without additional premium charge, timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revision is ef- get a refund_ fective in your state. b. If this policy is issued for more than one 4. No Benefit To Bailee Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period, Coverage Territory property for a fee regardless of any other pro- Under this coverage form,we cover"accidents" vision of this coverage form. and "losses"occurring: 5. Other Insurance a. During the policy period shown in the Dec- a. For any covered "auto" you own, this cov- larations;and erage form provides primary insurance. For b. Within the coverage temtory. any covered "auto" you don't own, the in- surance provided by this coverage form is The coverage territory is: excess over any other collectible insurance. (1) The United States of America; However, while a covered "auto" which is a (2) The territories and possessions of the Unit- "trailer" is connected to another vehicle, the ed States of America, Liability Coverage this coverage form pro- vides for the"trailer" is: (3) Puerto Rico; (1) Excess while it is connected to a motor (4) Canada; and vehicle you do not own. (6) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered"auto"you own_ ger type is leased, hired, rented or bor- b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 30 any covered "auto" you lease, hire, rent or days or less;and borrow is deemed to be a covered "auto" (b) The "insured's" responsibility to pay you own. However, any "auto" that is damages is determined in a"suit"on the leased, hired, rented or borrowed with a merits, in the United States of America, driver is not a covered"auto". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico a. above, this coverage form's Liability or Canada or in a settlement we agree Coverage is primary for any liability as- to_ sumed under an"insured contract": CA 00 0103 10 O Insurance Services Office, Inc.,2009 Page 9 of 12 REQUEST FOR MAYOR'S SIGNATURE dCE1�T Please Fill in All Applicable Boxes keview0d by Director Originator's Name: Victoria Andrews Dept/Div: Parks Planning& Development Extension: 5113 Date Sent: 2/25/14 Date Required: Return to: Victoria / Lynn Osborn CONTRACT TERMINATION DATE: 2/28/15 VENDOR: Forterra _ DATE OF COUNCIL APPROVAL: n/a ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: 1 Continuing support for Green Kent Partnership. This is Year 5 of the Partnership. i All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ' f p, Approval of Law Dept.: ; Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: CEIVED S ¢ Recommendations and Comments: Disposition. (Jr{ CLI,F,K Date Returned: ��I