Loading...
HomeMy WebLinkAboutEC15-407 - Original - Raedeke Associates, Inc- Contract- 12/31/15 I ��. Records M ¢� eme �•/ KF-14 emu.. WPSNINOTON i « dJQ �� Document 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: Raedeke Associates, Inc. Vendor Number: JD Edwards Number Contract Number: kv1-0 -F This is assigned by City Clerk's Office Project Name: Retail Recruitment & Marketing Consulting Description: ❑ Interlocal Agreement ❑ Change Order Amendment ® Contract ❑ Other: Contract Effective Date: 12/31/2015 Termination Date: December,,31, 201 Contract Renewal Notice (Days): 365 Number of days required notice for termination or renewal or amendment Contract Manager: Brennan Taylor Department: Econ & Comm. Dev. Contract Amount: $22,800.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Wetland consultants for Kent Side Hill Bike Trail 27.7 acres located between SE 212th St and S€ 296ch As of: 08/27/14 r- KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Raedeke Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Raedeke Associates, Inc. organized under the laws of the State of Washington, located and doing business at 2111 N. Northgate Wat #219, Seattle, WA 98133 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Raedeke will provide tasks associated with delineation of wetlands and streams that are found to be present on the site called Kent Sidehill Bike Trail as well as a preparation of a wetland and stream delineation report as detailed completely in the scope of work attached and incorporated as Exhibit A. 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 December 30, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $22,800.00, 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 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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. I 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. 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. I IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL I CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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. j 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. i 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. I i K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) to the other by fax or email and that signature shall have the same force and effect as If the Agreement bearing the original signature was received in person. IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: :CITY OF KENT ) 1 n Yure / � (slgnatum) Prfn Nam �� �"`" 6 Print Name:'�� Sdzette Cooke ' Its�&L m It$_ --Mayor. DATE: 1;bW1 Y t � _ DATE T-� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Raedeke Associates, Inc. Brennan Taylor, Development Engineering Manager Chris Wright, Principal/Soil &Wetland Scientist City of Kent Emmette Pritchard, Principal 220 Fourth Avenue South 2111 N. Northgate Way, #2191 Kent, WA 98032 Seattle, WA 98133 (253) 856-5591 (telephone) 206-525-8122 (telephone) (253) 856-6454 (facsimile) facsimile APPROVED AS TO FORM: Kent-Caw Department } i CONSULTANT SERVICES AGREEMENT- 5 (Over$20,000) f I i I � I 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. 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. 1 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 compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By. For:_ ri'�✓�(S /J�i�l i (G¢ SGr/�7� �i 1 Title: �2(1�G7i/� L SOIL / f� P� -12(etpS Date: i i I EEO COMPLIANCE DOCUMENTS - 1 i I I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. i I I By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 is t lr Wetland &Aquatic Sciences Wildlife Ecology Landscape Architecture December 22, 2015 li Mr. Brennan Taylor, P.E. City of Kent Department of Economic& Community Development 400 West Gowe Street Kent, WA 98032 RE: Agreement for Professional Services Kent Sidehill Bike Trail—Wetland and Stream Delineation • Field Investigation(RAI #2015-069-001) • Report Preparation (RAI #2015-69-002) Dear Mr. Taylor: We are pleased to submit the following proposal for biological consulting services for the above-named project. The Scope of Services portion of this Agreement is based upon discussions with you and our understanding of the work needed as of the date of this document. If this scope has changed, please notify our office immediately so that we can update this Agreement to reflect the services needed. In order to authorize work to begin, please provide us with the appropriate contract documents for signature along with a list of other items required, as applicable. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions you may contact me directly at(206) 525- 8122. Respectfully submitted, RAEDEKE ASSOCIATES,INC. Emmett Pritchard Principal Wetland Ecologist Attachments 2111 N. Northgate Way, Ste 219 Seattle, WA 9813s 206-525-8122 raedeke.com RAEDEKE ASSOCIATES, INC. 9510 STONE AVENUE NORTH+SEATTLE,WASHINGTON 98103 (206)525-8122+FAX: (206)526-2880 Terms and Conditions for Professional Services Agreement Attachments 1 through 2 This document shall serve as an Agreement for Professional Services between Raedeke Associates, Inc. and The City of Kent for the project known as: Kent Sidehill Bike Trail —Wetland and Stream Delineation R.A.I. Project#2015-069 PROJECT LOCATION The Kent Sidehill Bike Trail project site consists of King County Tax Parcel#072205-9004, an approximately 27.7-acre property located between SE 212`h Street and SE 208'h Street, west of State Route 167 in the City of Kent, Washington, as described by Mr. Jon Giles, City of Kent Department of Economic & Community Development. This places the parcel in the NW'/n of the NE '/,of Section 7, Township 22 North, Range 5 East, W.M. Parcel maps retrieved on-line from King County iMap depict the property boundaries. PROJECT SUMMARY The scope of our services for this agreement involves tasks associated with: (1) delineation of wetlands and streams that are found to be present on the site; (2) preparation of a wetland and stream delineation report. PERFORMANCE OF SERVICES Services are performed per the U. S. Army Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory 1987), as updated for this area by the regional supplement to the COE wetland delineation manual for the Western Mountains, Valleys, and Coast Region (COE 2010) The COE wetlands manual is required by state law (WAC 173-22-035. as revised) for all local jurisdictions. The ordinary high water mark (OHWM) of streams within the project site will be delineated using definitions provided by the Washington State Shorelines Management Act of 1971: "that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation." (RCW 90.58.030(2)(b) and WAC173-22-030(6). The OHWM will be delineated using procedures outlined in the 1994 Washington Department of Ecology Shoreline Administrators Manual. PROPOSED FEE SCHEDULE FOR ATTACHMENTS 1. Field Investigation [2015-069-001] $12,900.00 2. Report Preparation [2015-069-002] $9,900.00 Total $22,800.00 COMPENSATION - Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement and at a cost not to exceed the authorized contract amount Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement—Scope of Services Page 1 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 RAEDEKE ASSOCIATES, INC. 9510 STONE AVENUE NORTH+SEATTLE,WASHINGTON 98103 (206)525-8122+FAX: (206)526-2880 without prior approval by the City of Kent. Invoices will reflect costs for actual hours and expenses incurred. Hourly Rates f Sr. Principal $250.00 Associate/Sr. Scientist $170.00 Sr. Scientist/Planner $136.00 Staff Scientist/Planner $120.00 Technical Staff III $105.00 Technical Staff II $95.00 Technical Staff 1 $88.00 Project/ Contract Administrator $92.00 Technical/Admin Support Staff $72.00 Field Technician $60.00 Expenses Vehicle Mileage $0.575 per mile Fax $0.50 per page Photocopies (black&white) $0.10 per page Prints/plots (8-1/2 x 11, color) $0.40 per page Prints/plots (11x17, color) $0.80 per page Prints/plots(24x36, color) $12.00 per page The estimated cost is valid for tasks specifically described in the following attachments. To ensure that needed tasks are included, please carefully review the: Exclusions, Additional Services, and Change Order sections of this Agreement, if provided. Request to perform tasks not included in this Agreement will result in preparation of a contract amendment or Change Order for extra fees associated with the completion of the additional requested tasks and may result in project documents being held until written authorization is received. The Client Responsibility section provides details of documents or files to be supplied before services can be completed, please review to ensure compliance with these requirements. ATTACHMENT INFORMATION: Each individual attachment for the above services provides a scope of work and proposed fee. Following are terms that apply to all of the Attachments. CLIENT RESPONSIBILITY Completion of the services described in the following attachments is based upon timely receipt the City of Kent of previously prepared technical reports for the project site, electronic base files, and or other documents for the project. These documents will be used as base information during the tasks described in the attachments. EXCLUSIONS (1) Additional field investigations beyond those described in scope of services on each Attachment. (2) Additional meetings and correspondence beyond those provided in the scope of services for each Attachment. Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement— Scope of Services Page 2 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 RAEDEKE ASSOCIATES, INC. 9510 STONE AVENUE NORTH+SEATTLE,WASHINGTON 98103 (206)525-8122+FAX: (206)526-2880 (3) Additional response to City of Kent third-party review comments regarding the wetland and stream delineation beyond those described in scope of services on each Attachment. (4) Tasks associated with project impact analysis or preparation of conceptual or final mitigation plans. (5) Tasks associated with preparation of federal, state, or local jurisdiction wetland impact permit applications or associated permit application documents. If these or other tasks not specifically included in this Scope are requested we will prepare a separate Agreement or Change Order to provide the additional services. i II Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement—Scope of Services Page 3 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 RAEDEKE ASSOCIATES, INC. 9510 STONE AVENUE NORTH+SEATTLE,WASHINGTON 98103 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT Kent Sidehill Bike Trail — Wetland and Stream Delineation FIELD INVESTIGATION RAI No. 2015-069-001 SERVICES TO BE PROVIDED • Project initiation, including initial correspondence with client, project site background review, and project mobilization; • Up to 58 staff-hours to delineate on-site wetlands and streams and to identify off-site wetlands within approximately 275 feet of the subject property. We would collect vegetation, soil, and hydrologic information to document existing conditions within and adjacent to the property; • Up to 6 hours to locate wetland and stream delineation boundaries via GPS; • Up to 16 staff-hours (total cost of $1,600.00) for preparation of preliminary wetland and stream ratings completed and analysis of on-site and off-site wetland and stream buffers per requirements of current City of Kent(2015) code; • Up to 8 staff-hours for preparation of wetland and stream delineation graphic showing the approximate location of wetlands and streams and their buffers based on GPS location of their boundaries; • Up to 5 staff-hours for preparation of a summary memo presenting the results of our wetland and stream delineation; • Up to 3 staff-hours for project correspondence and coordination with the City of Kent and its consultants; • Associated project administration; • Project expenses, including costs for travel, mileage, faxes, reprographics, courier services, equipment rental, and other supplies. COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement not to exceed the contract amount. Estimated cost of providing services as described in this Agreement is $12,900.00. Invoices will reflect costs for actual hours and expenses incurred. Raedeke Associates, Inc. December22, 2015 Professional Services Agreement— Scope of Services Page 4 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 RAEDEKE ASSOCIATES, INC. 9510 STONE AVENUE NORTH+SEATTLE,WASHINGTON 98103 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT Kent Sidehill Bike Trail — Wetland and Stream Delineation REPORT PREPARATION RAI No. 2015-069-002 SERV ICES TO BE PROVIDED • Up to 24 staff-hours for wetland delineation sample plot data sheet preparation; • Up to 4 staff-hours to finalize wetlands rating forms; • Up to 38 staff-hours for preparation and production of a wetland and stream delineation report and graphics per standards of City of Kent (2015) Development Assistance Brochure#9; • Up to 16 staff-hours for response to City of Kent wetland and stream delineation third-party review comments; • Up to 3 staff-hours for project correspondence and coordination with the City of Kent and its consultants; • Associated project administration; • Project expenses, including costs for travel, mileage, faxes, reprographics, courier services, equipment rental, and other supplies. COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement not to exceed the contract amount. Estimated cost of providing services as described in this Agreement is $9,900.00. Invoices will reflect costs for actual hours and expenses incurred. Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement—Scope of Services Page 5 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY.SUITE 219+SEATTLE,WASHINGTON 98133 (206)626-8122+ FAX: (206)526-2880 Professional Services Agreement General Terms and Conditions ENTIRE AGREEMENT:, The Professional Services Agreement is comprised of the General Terms and Conditions, the Scope of Services and the Agreement for Professional Services Authorization. These documents constitute the entire Agreement between Raedeke Associates, Inc. and the Client and supersede all prior written or oral understandings. This Agreement, the General Terms and Conditions, and the Scope of Services may only be amended, supplemented, modified, or canceled by a duly executed written instrument. If any portions of this Agreement are absent upon presentation to the Client, it is the Client's responsibility to notify Raedeke Associates, Inc. of the missing portions and secure them before authorizing the Agreement. AGREEMENT AUTHORIZATION: Authorization to perform services pursuant to this Agreement may be indicated by signing and returning the original Agreement for Professional Services Authorization at the end of the Agreement to Ms. Mary Berri of our staff. Written authorization is needed in order to proceed with the project. If written authorization is not received within 60 days of the date of this Agreement, and the work is verbally authorized to proceed, the project will be subject to performance on a Time and Material basis in accordance with the fee schedule in effect at the time the work is performed. Agreements which remain unaccepted 90 days after the Agreement date will be subject to fee revisions. PAYMENTS: Invoices are submitted monthly and are due within 30 days of receipt. Payments are to be made to Raedeke Associates, Inc. as the work progresses. An interest penalty of 1.5% per month will be charged for all invoices 30 days past due. The entire amount billed on this project is to be paid within 30 days after completion of the project. OWNERSHIP OF DOCUMENTS: All reports, data, analysis, photographs, drawings, recommendations or other documents prepared or purchased by Raedeke Associates, Inc. as instruments of service, are intended solely for the purposes described within the Professional Services Agreement, and any authorized Change Orders. All such items will remain the sole property of Raedeke Associates, Inc. until all payments for services rendered, per the Agreement have been received by Raedeke Associates, Inc. In the event of a dispute over payment for services, as described in the Agreement, the Client is expressly forbidden from using any such items prepared or produced by Raedeke Associates, Inc. for which remuneration has not been received. Any reuse by the Client, or others, for purposes outside the Agreement without the written permission of Raedeke Associates, Inc. shall be at the user's sole risk and will constitute a breach of the Agreement. Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement— General Terms and Conditions Page 1 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 LIMITATIONS: It should be recognized that determination of ecological system classifications, functions, values, and boundaries is an inexact science and different individuals and agencies may reach different conclusions. With regard to wetlands, the final determination of their boundaries for regulatory purposes is the responsibility of the various resource agencies that regulate development activity in wetlands. We cannot guarantee the outcome of such agency determinations. Therefore, the conclusions of summary letters or technical reports should be reviewed by the appropriate regulatory agencies prior to any detailed site planning or construction activities. WARRANTY: We warrant that the work performed by Raedeke Associates, Inc. shall conform to standards generally accepted in our field, and will be prepared substantially in accordance with now-current technical guidelines and criteria. The conclusion of summary letters or technical reports represents the results of our analysis of the information provided by the project proponents and their consultants, together with information gathered in the course of the study. No other warranty, expressed or implied is made. ASSIGNMENT: The following provisions govern assignment of this Agreement: Permissible Assignments: Neither Raedeke Associates, Inc. nor the Client may assign this Agreement without the prior written consent of the other, provided, however, that either party may assign this Agreement to a successor corporation or partnership, a parent company, a wholly-owned subsidiary corporation, or an entity which controls, is controlled by, or is under common control with the assigning party, as the case may be. Assumption of Obligations: Because Raedeke Associates, Inc. has entered into this Agreement based upon credit-worthiness of the original Client, in the event the Client wishes to assign this Agreement, Raedeke Associates, Inc. shall be provided with such reasonable information concerning the credit-worthiness of such assignee as it may request. Furthermore, as a condition to its consent to such assignment, Raedeke Associates, Inc. reserves the right to require amendment of this Agreement to provide additional security and for other purposes. Any permitted assignee of this Agreement shall agree in writing to personally assume all of the obligations set forth in this Agreement. Payment Responsibilities: Raedeke Associates, Inc. will not unreasonably disapprove of a requested assignment of this Agreement. However, if Raedeke Associates, Inc. does not consent to an assignment of this Agreement, Client shall remain bound by the terms, conditions and obligations of this Agreement, including payment for services performed by Raedeke Associates, Inc. hereunder. INSURANCE: Raedeke Associates, Inc. maintains the following insurance: (a) Commercial General Liability (occurrence form), covering bodily injury and property damage liability with a minimum limit of $2,000,000.00 per occurrence, $4,000.000.00 products and completed operations aggregate and $4,000,000.00 general aggregate. (b) Comprehensive Automobile Liability covering owned, hired and non-owned vehicles with limits of$1,000,000.00 for any one accident or loss. Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement— General Terms and Conditions Page 2 Kent Sidehil/Bike Trail Wetland and Stream Delineation 2015-069 (c) Workers Compensation or Industrial Accident insurance providing benefits as required by law, including Employer's or Stop-Gap Liability with minimum limit of $1,000,000.00 per accident. (d) Professional Liability insurance with limits of up to $1,000,000.00 per claim, $1,000,000.00 aggregate with a$10,000.00 retention for each claim. Raedeke Associates, Inc. will not be responsible for any loss, damage, or liability beyond the limits of this insurance at the date the claim is made. Certificates of insurance coverage will be furnished upon request. Subcontractors of Raedeke Associates, Inc. shall be required to ensure that they have insurance coverages and endorsements consistent with the above requirements. RIGHT OF ENTRY: The Client with whom this Agreement is made is responsible for providing necessary right of entry to the properties required for the accomplishment of the services defined in the Professional Services Agreement and any authorized Change Orders. The right of entry shall allow Raedeke Associates, Inc. employees, its agents or subcontractors to enter the property as necessary to perform the studies, observations and research necessary to accomplish the agreed to services. INFORMATION RESPONSIBILITY: The Client will provide any required information as stated in this Agreement as necessary for the performance of the services agreed to. This information could include background maps, reports, surveys, letters, memos, drawings, plans, figures, property description or other material and information explicitly mentioned as necessary in the Agreement or any authorized Change Orders. Failure to provide such information and materials in a timely manner consistent with the project schedule shall result in additional charges above the Agreement amount as needed to compensate for the late or non-arrival of necessary information or materials. i UNANTICIPATED HAZARDOUS CONDITIONS OR MATERIALS: The discovery of any unanticipated hazardous conditions or materials may constitute a significant change in the agreed to scope of work. Raedeke Associates, Inc. shall promptly notify the Client upon discovery of any unanticipated hazardous conditions or materials. In the event the described unanticipated conditions occur, Raedeke Associates, Inc. is responsible for initiating actions required to modify or terminate any applicable contractual agreement between the Client and Raedeke Associates, Inc. CONTROLLING LAW: This Agreement is to be governed by Washington law. INDEMNITY: Raedeke Associates, Inc. shall indemnify and hold harmless the Client from and against all claims and actions, including all expenses incidental to such claims and actions based on or arising out of damages and injuries to persons or property caused by the sole negligence of Raedeke Associates, Inc. Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement— General Terms and Conditions Page 3 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 The Client shall indemnify and hold harmless Raedeke Associates, Inc. from and against all claims and actions, including all expenses incidental to such claims and actions based on or arising out of damages or injuries to persons or property to the extent such claims and actions are not caused by the sole negligence of Raedeke Associates, Inc. The Client agrees that any and all hazardous materials or conditions present at the project site were not generated, stored, transferred, or disposed of by Raedeke Associates, Inc. The Client shall indemnify and hold harmless Raedeke Associates, Inc., its employees, agents, and subcontractors from any and all pollution related claims and actions related to the project site identified in the Professional Services Agreement and any authorized Change Orders to said Agreement. Such indemnification shall not apply if Raedeke Associates, Inc. is deemed to be, by judgment of the court, solely negligent with respect to pollution related claims or actions. REQUEST FOR SERVICES NOT COVERED By THIS CONTRACT: In the event that the Client request services not covered by the Professional Services Agreement, unless a Change Order for these services is requested at the time the services are requested, the services will be performed on a Time and Material Basis using hourly rates in effect at that time. Invoices for these services are subject to all the Terms and Conditions attached to the original Professional Services Agreement. No later document will void this portion of the Professional Services Agreement. All services requested by the Client will be invoiced and payment will be subject to the terms of this Agreement. I Raedeke Associates, Inc. December 22, 2015 Professional Services Agreement—General Terms and Conditions Page 4 Kent Sidehill Bike Trail Wetland and Stream Delineation 2015-069 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY.SUITE 219 SEATTLE,WASHINGTON 98133 (206)625-8122 PAX: (206)626-2880 Professional Services Agreement Authorization to Proceed To: Mr. Brennan Taylor City of Kent Department of Economic & Community Development 400 West Gowe Street Kent, WA 98032 Project: Kent Sidehill Bike Trail-Wetland and Stream Delineation R.A.I. Project#2015-069 I' Estimated Budget: Filed Investigations (2015-069-001) $12,900.00 Report Preparation (2015-069-002) $9,900.00 -------------- TOTAL: $22,800.00 Date: December 22, 2015 Submitted By: (/ Rich rd W. Lundquist, M.S. Vice President/Wildlife Biologist Raedeke Associates, Inc. I have read the enclosed Agreement for Professional Services, including the Scope of Services and the General Terms and Conditions dated December 22, 2015, and hereby authorize RAEDEKE ASSOCIATES, INC. to proceed with the work outlined or referred to in the above- named Agreement, in accordance with the terms of this Agreement for Professional Services. Changes made to this Agreement after issuances are not valid unless initialed by an authorized representative of Raedeke Associates, Inc. "l �l Approved By: t tf{y C ) 1" ° r�w Tec v, -"air- Signature, Title 4 t Printed Name Company Name: l , clt- eC � Date: 3�:d Z G � EXHIBIT R INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. �j EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. f ACORD,. [(]]jjyy Client#: 1045350 RAEDEASCII ACORD,. CERTIFICATE OF LIABILITY INSURANCE D11/10201ATE 5YY) 11l10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble&Prentice, a USI CO PR PHONE 206 441-6300 FAX.No): 610-362.8528 AIC IL EXt: (Aic 601 Union Street, Suite 1000 ADDRESS: pl.eartrequest@kpcom.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC It INSURERA:Phoenix Insurance Company 25623 INSURED INSURERS:Lloyds of London A85202 Raedeke Associates Inc. 2111 N. Northgate Way Suite 219 NSURERC: INSURER D Seattle,WA 98133 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE ADDLSUB NSR WVD POLICY NUMBER POLICY EFF MMI��YNYXYY LIMITS A GENERAL LIABILITY 6809C618626 3/31/2015 03/3112016 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LABILITY PREMISES Eaaoiun0ence $1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $10000 PERSONAL B ADV INJURY s2000000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $4,000,000 POLICY X PRO JECT LOD $ A AUTOMOBILE LIABILITY BA9C6197$$ 3131/2015 031311201E EOMBINIEEDISINGLELIMIT 1,900,990 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIREDAUTOS E NON-OWNED PROPERTY DAMAGE $ AUTOS Peracclden[ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 6809C618626 3/31/2015 03/31/201 wAND EMPLOYERS'LIABILITY a RY sraruS X OTH LIMIT (FFI tlEWMEMNEIR EXCLU EOt ECUTIVE LN INIA (WA STOP GAP) E.L.EACH ACCIDENT _ $1,D6D,DDD YIN E.L.atory in DISEASE EA EMPLOYEE $1,000,000 If yyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional W1389CIS0301 0311112015 03/311201 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The Commercial General Liability and Commercial Automobile Liability policies Includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured.The Commercial General Liability and Commercial Automobile Liability policies contains a special endorsement with "Primary and Noncontributory"wording,when required by written contract. I CERTIFICATE HOLDER CANCELLATION ICI City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Development Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Econ&Comm Dev 400 West Gowe Street AUTHORIZED REPRESENTATIVE Kent,WA 98032 @ 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD 9S16659724/Ml5796022 VPSBC This page has been left blank intentionally. i i COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section 11): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that 'contract or damage" or 'personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement, insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any 'professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or 'personal injury" arising out of 'your tional insured shall be the limits which you work' performed by you, or on your behalf, under agreed in that 'contract or agreement requir- a 'contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the 'contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. I I , Page 2 of 2 ©2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1.,Who Is your business. An Insured, of SECTION II — LIABILITY COV- 2. The following replaces Paragraph b. in B.5., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily Injury" or ered"autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance (2) Any covered "auto"hired or rented by applies and only to the extent that person or or- your "employee" under a contract in ganization qualifies as an "insured" under the that individual "employee's" name, Who Is An Insured provision contained in Section with your permission, while perform- It. ing duties related to the conduct of your business. B. EMPLOYEE HIRED AUTO However, any"auto"that is leased, hired, 1. The following is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — LI- covered"auto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "am_ An Insured, of SECTION 11 — LIABILITY COV- ployse's" name, with your permission, while ERAGE: CA T4 20 07 10 ®2010 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Us permission. COMMERCIAL AUTO Any"employee" of yours is an "insured"while us- (3) If a repair or replacement results in better ing a covered"auto"you don't own,hire or borrow than like kind or quality,we will not pay for the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS— INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION 11—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola. rowed with a driver,or Bons) required because of an "accident" (b) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee". these bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4) of EXPENSES—INCREASED LIMIT SECTION 11—LIABILITY COVERAGE: (4) All reasonable expenses incurred by the The following replaces the first sentence in Para graph AA.a., Transportation Expenses, of "insured" at our request, including actual SECTION III — PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be. AGE: cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph AA., Cover- deleted. age Extensions, of SECTION 111 — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following Is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos"that you hire, rent or borrow subject to The following the following: g is added to Paragraph AA., Cover. (1) The most we will pay for "loss" in any one age Extensions, of SECTION III — PHYSICAL "accident" to a hired, rented or borrowed DAMAGE COVERAGE: "auto"is the lesser of: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an"insured";and "loss";or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total"loss". Page 2 of 3 ®2010 The Travelers Indemnity Company.All rights reserved. CA T4 20 07 10 I Includes copyrighted material of Insurance Services Office,Inc.with Its permission. '. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; Hate due to a cause other than a cause of"loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor; only: (d) Costs for extended warranties, Credit Life a. If that"auto" is a covered "auto"for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease;and ranty;and (a) Carryover balances from previous loans c. The airbags were not Intentionally inflated. orleases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.S., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: S. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered"auto"of against any person or organization to the ex- the private passenger type shown In the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or loss", pro- erage is provided, we will pay any unpaid amount vided that the"accident"or"loss"arises out of due on the lease or loan for such covered "auto" the operations contemplated by such son- less the following: tract.The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto"; and I CA T4 20 07 10 ®2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission, City of Dent Business License 10ETIT WASMINOTON RAEDEKE ASSOCIATES INC 2111 N NORTHGATE WAY SUITE 219 SEATTLE,WA 98133 i r - -- Please tear at er oration P f- BUSINESS LICENSE Per RCW local sales and use tax must must be coded LICENSE MUST BE RENEWED ANNUALLY BY No.1715 for all qualified 11145�KICEF:® JANUARY 31 TO AVOID PENALTY sales within the city of NT Issuance of License Does Not Imply Llcensee's Kent. WA s N IN O T O N Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2015 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS-OF BUSINESS BLOC-2150724 RAEDEKE ASSOCIATES INC MAYOR 2111 N NORTHGATE WAY SUITE 219 The City Of Dent SEATTLE,WA 98133 Alzsna nAveso KEM.WAS}nNOION 98032 REQUEST FOR MAYOR'S SIGNATURE a T Please Fill in All Applicable Boxes Originator: k 6wv- L lili""- Phone (originator): Z ef� Date Sent: f2l r Date of Council Approval: Return i Date of Approval from Finance: f�4 Signed Document to: (only required on contracts$10,000 &over or on any Grant Agreements) Date Required: l -,f3r t Date ofA provaI from Risk Manager: tz 3 iGI J Vendor Na Budgeted: YES ❑ No El Bud et Fund.-.'-! 6 U 4�` Brief Explanation of Document: n vim` v rk All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Law Department Approved as to Form: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments t; r f Date Returned: 'i rcmivamwa,r.rvr,�...mevma m..i m1w1wls lee—l.,