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PW16-046 - Original - Shannon & Wilson Inc - Green River Natural Res Area Pump Statio - 02/08/2016
Records � e ent KENT WASNINGTON Document x ts: r 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: Shannon & Wilson, Inc, Vendor Number: JD Edwards Number Contract Number: FV'4 U— GiL4(4 This is assigned by City Clerk's Office Project Name: Green River Natural Resources Area Pump Station Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: zplc- Contract Effective Date: ntture Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $23,554.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Revise the Biological Assessment for the project. As of: 08/27/14 KENT W 5H1HL1 CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at 400 N. 34t' St., Suite 100, Seattle, WA 98103, Phone: (206) 632- 8020/Fax: (206) 695-6777, Contact: Brooke O'Neil (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: The Consultant shall revise the Biological Assessment for the Green River Natural Resources Area Pump Station project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 31, 2016. III. COMPENSATION. i A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Three Thousand, Five Hundred Fifty Four Dollars ($23,554,00), 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. 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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. 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. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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 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: ( ignatur ,i ,! p (srgnature) Print N me: e f Punt Naar . )Suzette Cooke Its e¢ Mavor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Brooke O'Neil Timothy J. LaPorte, P.E. Shannon & Wilson, Inc. City of Kent 400 N. 341h St., Suite 100 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) (253) 856-6500 (facsimile) APPROU,/ED AS TO,PORM: A (n p Kent Law Department Shannon&Wilson-GRNR PS 2/Madfai CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: " For: skd. ^On a Title TI i&� Date: ' " EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of 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: i EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ALASKA SHANNON &WILSON, INC. C CALIFORNIA Raw O6OTL0HNIGAI. AND LNVIHONMENTAI, CONSULTANTS FLORIDA MISSOURI ORECON WASI IINCTON WASHINCTON DC METRO WISCONSIN December 18,2015 Mr, Mark Madfai City of Kent Public Works 220 Fourth Avenue South Kent, WA 98032 RE: PROPOSAL TO REVISE THE BIOLOGICAL ASSESSMENT FOR THE GREEN RIVER NATURAL RESOURCES AREA(GRNRA)PUMP STATION PROJECT, ICENT,WASHINGTON Dear Mr. Madfai, As you know, Maryann Band,Endangered Species Act coordinator for the U.S,Army Corps of Engineers (Corps),provided comments on the Biological Assessment(BA) Shannon&Wilson, Inc. (Shannon&Wilson)prepared on June 4,2015,for the Green River Natural Resources Area (GRNRA)Pump Station project. Comments were provided in a memorandum for record dated September 16, 2015, under Corps permit number NWS-2014-245, In addition,we understand that the location and configuration of the proposed outfall has changed since we completed the BA. This proposal provides a scope and cost estimate for developing a revised BA to address the Corps comments and incorporate changes the City of Kent(City)has made to the outfall design. The June 4,2015,BA supports a, "not likely to adversely affect,"determination for listed fish in the Green River based on the fact that the project is not creating any new stormwater sources and is,rather,re-routing existing stormwater flows which currently enter the Green River about 7 miles downstream from the proposed outfall. However,Ms, Baird's comments state that it is likely that the project will have adverse effects on listed species and essential fish habitat and therefore,may require formal Endangered Species Act consultation because the project proposes, "changes in the baseline condition of stormwater discharge (flow and pollutant) into the Green River." In a subsequent email from Ms, Baird on November 3, 2015, she stated that if we are, "able to demonstrate the project would improve or at least maintain the baseline condition, it is possible that this action could result in informal consultation." 400 NORTH 34TH STREET,SUITE 100 P.O.BOX 300303 SEATTLE,WASHINGTON 98103-8636 206-632-8200 FAX: 206-695-6777 www.shannonwilson.com 21-2-61738-003 Mr. Mark Madfai SHANNON 6MLSON,INC City of Kent Public Works December 18,2015 Page 2 of 5 Ms.Baird requested that we follow the WSDOT guidance for stormwater analysis and include information on pollutant loading for copper and zinc and mixing zones. The W SDOT method for evaluating stormwater pollution impacts to listed salmon species is the Western Washington Highway Runoff Dilution and Loading Stormwater Model (HI-RUN model). The I II-RUN model was developed for use on highway projects to quantify pollutant loading from new impervious road surfaces and,therefore,may not be applicable to this project. On December 3, we spoke with Matt Longenbaugh from NOAA Fisheries about the stormwater analysis and he agreed that the HI-RUN model may not be applicable to the project. He suggested that rather than using the HI-RUN model, a descriptive approach could satisfy the analysis requirement. Therefore, we have developed this scope of services to address stormwater pollution using a descriptive approach (see Task 1), If,however,the agencies reject this approach and insist on using the HI-RUN model,we are prepared to provide those services under Task 21 if requested by the City. SCOPE OF SERVICES Our scope of services consists of three tasks. Task 1 will consist of revising the BA to incorporate design changes to the outtall and to address Ms. Baird's comments using a descriptive approach to characterize stormwater pollution. If the agencies reject our descriptive analysis of stormwater pollution and insist on using the HI-RUN model,we will provide those services under Task 2. Task 3 consists of reviewing the JARPA application prepared by the City for consistency with the BA. Task 1. Revise BA with Descriptive Response to Stormwater Concerns We will revise the BA to incorporate the design changes to the outfall and to address Ms. Baird's comments as described below. Agency and City Coordination Our services include coordinating with the Corps,NOAA Fisheries, iJSFWS,and the City on a suitable method and level of analysis for the project and for adequately addressing stormwater quality concerns. We will also coordinate with the City to obtain information on the new outfall design and information necessary to revise the BA. 400 NORTH 34"STREET—SUITE 100 PO BOX 300303 SEATTLE,WA 98103 206-632-8020 FAX 206-699-6777 Too: 1-800-833-6388 w .shannonwilson.com 21-2-61738.003 Mr, Mark Madfai SHl}j NON 6WIL ON,INC. City of Kent Public Works December 18, 2015 Page 3 of 5 Design Changes to the Outfall We will revise the text and figures in the BA to be consistent with the revised outfall design and associated habitat impacts. We assume the City will provide us with the new design plans and profiles,maps, TESC BMPs,construction access and staging areas, stream isolation and dewatering plans, and temporary and permanent impact quantities. Construction Dewatering and Fish Exclusion We will revised the BA to include additional information on in-water work isolation, temporary dewatering, and fish exclusion measures to address comments by Ms. Baird. We will work with the City to develop an appropriate fish exclusion and removal protocol that does not use electrofishing and include this protocol as an appendix to the BA. We assume the City will provide detailed plans to support our response to Ms. Baird's comments about the following topics: fish screens, square feet of dewatering areas, cofferdam and dewatering plans and details, Green River fill quantities, and timing and duration of in-water work:activities. Mitigation We will revise the BA to include additional information on wetland and stream mitigation measures based the mitigation plan we prepared for the project on March 24,2015 and additional information from the City, We will require additional information from the City about restoration plans for temporary impacts to wetlands and streams as this was excluded from the scope of the March 24,2015 mitigation plan. Changes to Water Quality Condition We will expand our discussion in the BA of potential water quality effects to the Green River that may result from the project based on information provided by the City. Based on our conversation with Matt Longenbaugh,our discussion of water quality effects in the BA will include a description of measures the City is implementing to reduce water quality impacts city- wide and in the GRNRA contributing basin under the Phase 11 Western Washington Municipal Stormwater Permit; a description of the level of treatment provided by the GRNRA detention system; and a description of when the pump station will operate in relation to when juvenile listed salmon are likely to be occupying the Green River. I 21-2-61738-003-L I.&W 21-2-61738-003 Mr. Mark Madfai SHANNON&WILSON,INC. City of Kent Public Works December 18, 2015 Page 4 of 5 Changes to Flow Condition We will expand our discussion in the BA regarding potential erosion and flooding in the Green River resulting from the project based on information from the City. We assume the proposed outfall has been designed to prevent localized erosion of the river channel and will not increase flooding in the Green River and that the City will provide us with information on the design parameters that were used including and pump station flow rates, operation timing, scour analysis, and hydraulic analysis. Task 2: Stormwater Modeling Using III-RUN The III-RUN model was developed for use by WSDOT on highway projects that create new impervious surfaces and,therefore,may not be applicable to this project. However, based on your request, this proposal includes a cost estimate for conducting the HI-RUN model in the event that it is required by the agencies.The HI-RUN model for the project will predict zinc and copper concentrations and mixing zone size beyond the proposed outfal l to the Green River(See enclosed Scope of Services by Osborn Consulting Inc.). Task 3: JARPA Review The City will prepared and submit a revised Joint Aquatic Resources Permit Application (JARPA), In Ms.Baird's comments, she noted discrepancies between impact quantities provided in the BA and in the JARPA. Therefore,we have included some time to review the JARPA form prepared by the City for discrepancies from the BA and provide two sets of comments to the City on the JARPA. We have included a maximum of 16 hours for JARPA review and comments. ASSUMPTION AND LIMITATIONS If changes to the project design result in greater impacts to wetland, stream, or buffers than accounted for in our Wetland, Stream, and Buffer Mitigation Plan(dated March 24,2015), additional mitigation will be required and we will need to revise the mitigation plan. Revising the mitigation plan is not included in this scope and cost estimate but can be provided in a separate proposal, if needed. If formal consultation is required and the City decides to proceed with the project, we will need to revise our scope and cost estimate. 21.2.61738-003-Ll.d=/ 21-2-6173M03 i Mr.Mark Madfai SHANNON WILSON,INC. City of Kent Public Works December 18, 2015 Pagc 5 of 5 COSTS We are prepared to provide the services described above on a time-and-expense basis under the enclosed Standard General Terns and Conditions. Our estimated costs for the above tasks are as follows (and detailed within the enclosed cost estimate): Task I: Revise BA with Descriptive Response to Stormwater $9,665 Task2: Stormwater Modeling Using Hi-RUN(Optional) $12,999 Task 3: JARPA Review $880 TOTAL $23,544 In the event that additional services are necessary, due to changes in your request or other unforeseen circumstances, we will notify you immediately and obtain your authorization for the additional services and costs. SCHEDULE We can complete revisions to the BA(Task 1),within four weeks of receiving the information required from the City (described in scope of services, above). We can provide JARPA review comments within one week of receiving draft JARPA from the City. CLOSURE We are pleased to have this opportunity to continue assisting you with this project, If you have any questions,please contact me at(206) 695-6876. Sincerely, SHANNON&WILSON, INC. Brooke O'Neill,P.W.S. Biologist BEO:I T,W/beo Ene: Cost Estimate General Standard'ferns and Conditions, SEA-GH-2015 (1/2015) Important Information About Your Biological Assessment(BA) and/or Biological Evaluation (BE)Proposal Osborn Scope of Work for HI-RUN Analysis for City of Kent GRNRA BA 21.241738-003-W.d... 21.M1738-003 SHANNON 6 WILSON INC. JobNumbw%- 21-1-61738-003 UEOTECHNICAL AND ENVIRONMENTAL CON,ULTANTS Date: December 18,2015 MEOW Client: City of Kent Public Works Project., GIMA Pump Station ESTIMATE OF PROBABLE COST Revise BA Research and Agency Coordination Senior Principal Biologisl $150.00 /hr 6 hrs $900 BiologistIV $110.00 /hr 16 Ins $1,760 Design Changes to Outfall Vice President $245.00 /hr I ]ITS $245 BiologistIV $110.00 /hr 8 bra $880 Drafting $100.00 Ar 8 hrs; $800 Construction Dewaterin g and Fish Exclusion Vice President $245.00 /fir I bra $245 BiologistIV $110,00 /hr 8 hot $880 Mitigation Vice President $245.00 /hr I hrs $123 BiologistIV $110.00 /hr 4 hrs $440 Changes to Water Quality Conditions Vice President $245.00 /hr 2 firs $490 BiologistIV $110.00 Ar 16 hrs $1,760 Changes to IF low Conditions Vice President $245.00 /hr I hrs $123 BiologistIV $110.00 /hr 4 ins $440 Other Costs Word Processing $95.00 /hr 2 hrs $190 Reproduction $95M /hr 2 brs $190 Copies,Mail,Computer $25.00 lea 8 copies $200 $9,665 I T-,.vein 1. Vice President $245.00 /hr I ]ITS $245 BiologistIV $110.00 /hr 4 Ins $440 Subcontractor:Osborn Consulting $10,708 15%Markup on Subcontractors $1,606 $12,999 ?177 77 &77,77—, BiologistIV $110.00 /hr 8 Ins $880 $880 TOTAL ESTIMATE $23,544 otes: BA—Biological Assessment,Corps=US.Army Corps of Engineers,cat=each,GRNRA=Green Rivet Natural Resources Area,fir=hour,DARPA=Joint Aquatic,Resources Permit Application y(-2-61738-003-U Colt tzau.atoxIWivp4 k 21-2-61738-003 SCOPE OF WORK HI-RUN Analysis for City of Kent GRNRA Biological Assessment Civil Engineering Services I. BACKGROUND The City of Kent(City)constructed a pump station at the Green River Natural Resources Area (GRNRA) and a new outfall pipe running west from the pump station towards the Green River. Now the City is planning to relocate an existing ouffall from a detention facility in GRNRA in the vicinity of the pump station to a new location. The current outfall is into Mill Creek, which discharges Into the Green River.The proposed improvements include relocating the existing ouffall to discharge directly to Green River, 7 miles upstream of where Mill Creek ouffall used to discharge to Green River.A Biological Assessment for this proposed outfall relocation has been prepared by Shannon &Wilson (Prime).As part of the Biological Assessment, the potential effects of stormwater runoff and pollutants on Environmental Listed Species (ESA) species in Green River needs to be evaluated at the relocated outfall location from the detention facility. On February 16, 2009, the Federal Highway Administration (FHWA), National Marine Fisheries Service (NMFS), United States Fish &Wildlife Service(USFWS) and the Washington State Department of Transportation (WSDOT) signed a Memorandum of Agreement(MOA)committing these four agencies to use a common methodology for analyzing the effects of stormwater on ESA-listed fish species. The methodology includes the Western Washington Highway Runoff Dilution and Loading Stormwater Model (HI-RUN Model)and accompanying guidance.The approach is required in all biological assessments submitted by WSDOT or WSDOT Local Programs.The stormwater pollutant loading analysis work will follow this guidance. 11. GOALS AND OBJECTIVES Osborn Consulting Inc. (OCI)will conduct the HI-RUN analysis for the proposed project condition. The baseline or existing condition for the HI-RUN analysis is the condition of Green River. The proposed condition for the HI-RUN analysis is the condition of Green River after the relocation of outrall from the detention facility from Mill Creek to Green River. The specific project objectives for this HI-RUN analysis includes: • Review the available information for the baseline condition and the proposed project condition. • Determine the changes to stormwater discharge volume and pollutant loading of Green River from the baseline condition and the proposed project condition at the newly relocated outfall. • Identify the distance of the mixing zone for pollutants beyond the newly relocated ouffall • Analyze only two pollutants of concern for the ESA-listed species, dissolved copper and dissolved zinc. • The analysis will include a monthly flow analysis (January-December)to capture seasonal flow variations in the Green River. III. PROJECT TASKS I The tasks below describe the general work flow and elements that will be conducted to accomplish the project goal and objectives. City of Kent GRNRA Detention Paoility RA:HMETAFAnalysis December 2,2015 f Task 1 —Project Management Project management will include communications with the City and the Shannon &Wilson, including scheduling, budget tracking and preparing monthly invoices and progress reports. Assumptions: The following assumptions are associated with this task. • One meeting with the City of Kent staff is assumed. The meeting will last no more than 1 hour. One staff from OCI will attend the project meeting. Deliverables: i One page monthly progress reports and project invoices. '.. Task 2—Review Existing Information and Gather Data for HI-RUN Analysis This task involved reviewing relevant information and data that will be used to evaluate baseline condition and proposed condition. The following information will need to be gathered and reviewed for the HI-RUN analysis. o Basin information for the baseline condition and proposed condition. • For the baseline condition will be existing background monitoring data. • For the proposed condition, the basin area contributing to the newly relocated outfall from the from Mill Creek to Green River needs to be delineated and measured. The impervious area In this basin and the areas receiving flow control and/or water quality treatment needs to be determined.This information shall be provided by the City from the Hydraulic Report for the detention facility. Refer to assumptions under this task. o Locate the nearest water quality monitoring station from the Department of Ecology Environmental Information Management System. Gather the dissolved copper and dissolved zinc concentrations for the Green River. Determine the 75% percentile of the dissolved copper and dissolved Are from the sample data collected under Task 2. o Locate the USGS stream gage for Green River nearest to the relocated outfall '...... Determine the average monthly flow for each month (January-December). o Review the HEC-RAS model and the nearest river cross-section (provided by the City) at the relocated outfall. Determine the Green River stream depth, stream velocity and channel width using the average monthly flow volumes from the stream gage data. Assumptions: The following assumptions are associated with this task, • The City will provide the hydraulic report which includes the basin area(TDA), impervious area contributing to the newly relocated outfall from the detention facility and any other facility providing flow control and/or runoff treatment. No new analysis or City GIS layer delineation of the TDA or stormwater analysis is required to be performed to gather this data. • If OCI has to delineate the basin contributing to the newly relocated outfall including the impervious area, area receiving flow control and/or runoff treatment, this work will be considered City of Kent GRNRA Detention Facility Bk HFRINAnalysis December 2,2015 additional work. The City GIS information will be used by OCI to complete the delineation, If Information on stormwater facilities providing flow control and/or runoff treatment is not available from the City, OCI will assume a percentage of area to be receiving flow control and/or runoff treatment. This assumption will be confirmed with the City prior to proceeding with the analysis. • The City will provide the HEC-RAS model and identify the nearest Reach cross section to the project vicinity. • No analysis of the Mill Creek or any of its outfalls will be performed under this task. • The exhibit of TDA and impervious area of outfall from the detention facility provided in the Hydraulic Report will used as reference. No new exhibits for the baseline condition basin information will be prepared under this task. • Dissolved copper and dissolved zinc are the only pollutants to be analyzed. Deliverables: There are not deliverable for this task. Task 3— Run HI-RUN Analysis Model This task involves conducting the End-of-Pipe loading subroutine and Highway Runoff Dilution subroutine analysis to provide a risk-based prediction of runoff quality at the individual outfall In a TDA. The task will include the following steps, • Run the End-of-Pipe subroutine for the baseline and proposed project condition. Compare the results to determine if proposed project condition exceeds the 0.45 percent value from the baseline condition. • Run the Highway Runoff Dilution subroutine for dissolved copper,and dissolved zinc. Determine the downstream distance for dilution of the pollutants in the Green River, Assumptions: The following assumptions are associated with this task.All assumptions listed under Task 2 also apply. • Only 2 iterations of the model run are considered. One at the draft submittal stage and other at the final submittal stage. • Comments from the City from the draft submittal will be Incorporated into the final submittal. Refer to Task 4. Deliverables: There is no separate deliverable for this task.The HI-RUN model results will be provided as an appendix under Task 4. Clly afKent ORNRA Delw ion Facility BA:HI-RUN analysis December 2,2015 Task 4—HI-RUN Analysis Memo and Results This task involves summarizing the HI-RUN analysis and results in a 2-page memo. The model run and analysis will be included in the appendix of the memo. The results shall be summarized in an table showing the compassion of the baseline condition with the proposed project condition.The results will include the End-of-Pipe subroutine pollutant loading results and the dilution distance downstream of the outfall (mixing zone).These results will be compared to the Biological Threshold for mixing zone distance for ESA-listed species. A draft memo with model results will be submitted to the City.Any comments from the City after the draft submittal will be incorporated in the final submittal Assumptions: The following assumptions are associated with this task. • No inference or interpretation of the results on the effect on ESA-listed species(extent and timing of any degradation or loss of habitat or effect on specific fish species etc.)is included in this scope of work. This is assumed to be performed by Shannon &Wilson. • No new exhibits will be generated for inclusion in the this memo. • More than 2 submittals of the model run or the memo will be considered additional work. Deliverables: • One electronic copy of the memo with appendix in PDF format. (draft and final) IV. OTHER ASSUMPTIONS • The reference documents used will be Highway Runoff Manual (2014) and Highway Runoff Dilution and Loading Model User's Guide (2011), • Site visit or field work to gather water quality samples in support of the BA or the HI-RUN analysis is not included this scope of work. • City will provide the GIS maps and data, HEC-RAS model, Hydraulic Report of the GRNRA detention facility and any other reports that will assist with the proposed condition basin assessment. • Major changes to the basin information and/or HEC-RAS river station change will be considered additional work. City of Kent 6RNRA DetrnUan Facility BA:HHiON Analysis DeceniLer 2,20I5 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 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 Contractor 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. ® DATE(MMIDDIYYYY) aco2o CERTIFICATE OF LIABILITY INSURANCE - 1 2/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Gail Scott Arthur J. Gallagher Risk Management Services, inc. PHONE1.11 No .425-586-1031 FAQ 425-451-3716 P.O. Box367 MA -- - - - Bellevue WA E 98009-0367 ❑❑RILEss 9ail_scott@ajg.com INSURERIB AFFORDING COVERAGE I NAIC0 INSURER A:National Union Fire Ins Co Pitts_b ur 19445 INSURED INSURER B:Travelers Property Casualty Co of A 25674 Shannon &Wilson, Inc. INSURERC:New Ham shire Insurance Compan 23841 400 N. 34th Street, Suite 100 -- - INsuRERD: Seattle,WA98103-8636 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 144514688 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THL 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. INSRTYPE OF INSURANCE POLICY EFF POLICY EXP -- LTR INSD WVD POLICY NUMBER MMlDDIYYYY MMID❑IWYY LIMITS A x COMMERCIAL GENERAL LIABILITY 7046439 3/1/2015 311/2016 EACH OCCURRENCE $1,000,000 _ CLAIMS-MADE f.. LAMA ET- �OCCUR PREMISESOEd oNEDnce $300000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGAT_E LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY �^ JECT a LOG PRODUCE-COMP/OPAGG $2,000,000 OTHER: _..... $ A iAUTOMOBILE LIABILITY 2246369 3/1/2015 3/1/2016 COMBINED Ed srcldent)SING—L L T $1,000,000 X ANY AUTO BODILY INJURY(Per person) L 5 '.ALL OWNED SCHEDULED �', BODILY INJURY(Peraccident) $ AUTOS AT HIRED AUTOS NON-OAMED PROPERTY DAMAGE $ AUTOS Peracc on! B X UMBRELLA LIAB X OCCUR ZUP15R7312A15NF 3/1/2015 3/112016 EACH OCCURRENCE $1,000,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $1000000 __.. DEC X RErENTION$101000 $ Q WORKERS COMPENSATION 024508507-A05 311/2015 3/1/2016 X IPFR STATUTE ORH A AND EMPLOYERS'LIABILITY YIN 024508508-CA W1/2015 3/1l2016 -- ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mend,tory In NH) IEl.DISEASE-EAEMPLOYE $1,000,000 f yes,descrlbe under DESCRIPTION OF OPERATIONS belan i E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IADDRD 1si,AUUitionel Remarks Schequle,maybe aHacM1ed it more space is requil dl Workers'Comp-in Monopolistics, Employers' Liability only RE: Green River Natural Resource(GRNRA) Pump Station, Kent, WA (S&W Job#21-1-12473) The City of Kent is included as Additional Insured for General Liability(per Form#CG2033 and CG2037), Auto Liability and Umbrella Liability as respects operations of the Named Insured and where required by written contract. GL, AL and XS Primary and Non-Contributory is included where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. j Attn: Mark Madfai 220 Fourth Avenue S. AUTHORIZED REPRESENTATIVE Kent WA 98032 USA @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACORD. ((�� Client#: 330606 SHANNWIL11 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE30/20IY1'YY) 12/30/2015 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_----INC,No,FYI):-206 441-6300 Ikxc No) 610-362.8528 : 601 Union Street, Suite 1000 E-MAIL ADDRESS: P I certreq ue_st usi.biz Seattle,WA 98101 --- _ INSURER(S)AFFORDING COVERAGE NAICH INSURER A: Lloyd's of London 85202 INSURED INSURERB: " Shannon&Wilson,Inc. - ""- INSURER C P.O. Box 300303 -"- -- '.. Seattle,WA 98103 INSURER D: INSURER E; ' INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 IHE INSURED NAMED ABOVE FORTHE 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 COND[LONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRL WVO POLICY NUMBER MM/D�/YYY fdMID10/Yl•YVY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -- DAMAGE TO RENTED $ CLAIMS-MADE ❑ OCCUR PREM.ISES Eaaccurrence MED EYE(Any one person) $ PERSONAL&ADV INJURY $ i GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 _. PRO � -- POLICY JECT 7 LOC PRODUCTS-COMP/OPAGG $ OTHER: $ _ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ee eccltlent ANYAUTO BODILY INJURY(Par Person) $ ALL OWNED SCHEDULED BODILY INJURY(Par scritlent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS ---- --- UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS DAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OFF AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARI'NERIEXECUTIVEVIN I`.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDE09 NIA - (Mandatory In NET E.L.DISEASE;FA EMPLOYEE $ If yes,deserne under DESCRIPTION OF OPERATIONSbelm EL.DISEASE-POLICY LIMIT $_ A Professional & B0146LDUSA1604579 01/01/2016 01/01/201 $1,000,000 per claim Contractors $1,000,000 annlaggr. Pollution Liab. I '.. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be aaached if more space Is required) EVIDENCE OF INSURANCE '.. CERTIFICATE HOLDER CANCELLATION FOR INFORMATION PURPOSES ONLY SHOULDANY OFTHEASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S16981700/M16864423 MXTJU POLICY NUMBER: 7046489 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ' A. Section If - Who Is An Insured is amended to a. The preparing, approving, or failing to Include as an additional insured any person or prepare or approve, maps, shop !, organization for whom you are performing drawings, opinions, reports, surveys, operations when you and such person or field orders, change orders or drawings organization have agreed in writing in a contract and specifications;or or agreement that such person or organization b. Supervisory, inspection, architectural or be added as .an additional insured on your engineering activities. policy: Such person or organization is an addi- tional Insured only with respect to liability for This exclusion applies even if the claims against . "bodily injury", "property damage" or "personal any insured allege negligence or other wrong. and advertising injury" caused, in whole or In doing In the supervision, hiring, employment, part, by: training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily in- 1. Your acts or omissions;or jury" or "property damage", or the offense 2, The acts or omissions of those acting on which caused the "personal and advertising your behalf; injury", involved the rendering of.or the failure in the performance of your ongoing operations to render any professional architectural, . for the additional insured. engineering or surveying services. However, the insurance afforded to such 2, "Bodily injury" or "property damage" '.... additional Insured: occurring after: ',..... 1. Only applies to the extent permitted by law; a. All work, including materials, parts, or and equipment furnished in connection with au are such work, on the project {other than 2. Will not be broader than that whisk Y service, maintenance or repairs) to be required by the contract or agreement to performed by or on behalf of the provide for such additional insured. additional insuredW at the location of the A person's or arganizalion's status as an add!- covered operations has been completed; tonal Insured under this endorsement ends or when your operations for that additional insured Is. That portion of "your work" out of which are completed. the injury or damage arises has been put B, With respect to the insurance afforded to these to its intended use by any person or additional Insureds, the following additional ex- organization other than another clusions apply: contractor or subcontractor engaged in This insurance does not apply to: performing operations for a principal as a part of the same project. 1. "Bodily injury", "property damage" or O. With respect to the insurance offiorded to these "personal end advertising injury" arising out additional insureds, the following is added to of the rendering of, or the failure to render, Section[II-limits Of Insurance: any professional architectural, Engineering or surveying services, including: The most we will pay on behalf of the additional insured is the amount of insurance: CG 20 33 04 13 .> Insurtinre Services Office, Inc., 2012 Page 1 of 2 ❑ VZ- Ai 1. Required by the pontract or agreement you ,Insurance shown in the Declarations; have entered into with the additional whichever is less, i insured; or This endorsement shall not increase the 2, Available under the applicable Limits of appllcabla Limits of Insurance shown In the Decarations. i j. I I Page 2 of 2 Insurance Services Off ioe, Inc., 2012 CG 20 33 04 13 U POLICY NUMBER: 7046489 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) --T Or Organization(s) Location And Descri lion Of Completed Operations Any person or organization whom you become obligated to included as additional insured as a result of any written contract or agreement you have entered into Information re uired to com fete this Schedule, if nct shown above,will be shown in the Declarations, A. Secfion 11 —Who Is An Insured is amended to B: With respect to the insurance afforded to these include as an additional insured the persons)or additional insureds, the following is added to organlzation(s) shown in the Schedule, but only Section III--Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described In the Schedule of this endorsement amount of insurance: performed for that additional insured and 1. Required by the contract or agreement, or included in the "products-completedg operations q hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less, Insured only applies to the extent permitted This endorsement shalt not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 3/1/15 forms-.a part of policy No: 2248389 issued to Shannon &Wilson, Inc. by National Union Fire Insurance Company Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE ktAb IT GAAEEUW, . ADDITIONAL INSURED : WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsernentmodiflas insti)-ance:proVided under the:followlng: 90§iNEss AUTO COVERAGE FORM SCH913UL : ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status, but only to the extent Of Such person's or organizations liability arising out of a covered"auto." 1. SECTION H - LIABILITY COVERAGE, A. coverage, 1. - Who Is insured, Is amended to add-. d. Any person or organization, shown.in the scheduleebove, to W.IJ6m you become qbligoted, to include as an additional inso'red under this 06J!dy,-as a result of.any contract or agreerrient you enter into which requil-qb'yod to furnish Insurance 16 that person Or organization of the type pr6videdl by this policy; but only with respect.to IiabjIityqr,)s1r1g out of use of a covered "auto". However, the InsurtjnSe provided will not exceed the lesser of: (1 ) The Doverago and/or limits of this policy, or (2) The coverage and/or limits:required by said contract or agreementj Agtthbriied. I�epresentatjve or 00 ritersi nature (in Staies Where ApI 87950 (10/0.5) page 1 of 1 ENDORSEMENT This endorsement,effective12:01A.M. 3/1/2015 forms a part of policy No. 2248389 issued to Shannon & Wilson, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., Genera) Conditions, 5., Other Insurance, c., is amended by the addition of the following sentenco: The insurance afforded under this policy to an additional Insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged- * horized Representative or * britersignature (in States Where Applicable) 74445 (10/99) 1�'h nW REQUEST FOR MAYOR'S SIGNATURE 6��tVT� N s Liar t Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARtMErT 1, ApproveAUy Drd� Originator: Mark Madfai Phone Ori inator 5521 Date Sent: J/S e6 Date Required: -z llicAe- Return'Signed Document to:NancyYoshitake Contract Termination Date: 12/31/16; VENDOR NAME: Date Finance Notified: halltlOil to Wilson, Inc. (Only required on contracts 12/22/15 10 000 and over oron any.Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified"•N/A N/A Sze uired on iNon Cit Standard Contracts/Agreements) Has this Document been;SpecificaIf Account Number: D20023 eo Authorized in the Bud et? YX NO Brief Explanation of Document: The attached agreement is for Shannon & Wilson to revise the Biological Assessment for the Green River Natural Resources Area Pump Station project i� All Contracts Must Be Routed Through The Law Department the Law Department) Received: r Approval of Law Dept,: ! Law Dept. Comments: Date Forwarded to Mayor: `a Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments; Disposition u/ 4,e u Date Returned: e.+ciyarom:�oomema,o,. a� ges�ms=vwzayname.77