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HomeMy WebLinkAboutPK16-139 - Original - Forterra - Green Kent Partnership: Year Seven - 04/01/2016 o r ssir �l/////i/� c %! % f em WASHINGTON Document j % /✓ o/////100 f , 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: Eorterra Vendor Number: JD Edwards Number Contract Number: W1 Lp — 139 This is assigned by City Clerk's Office Project Name: Green Dent Partnership, Year 7 Description: 0 Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract El Other: Contract Effective Gate: 4/1/2616 Termination Date: 3/31/2017 Contract Renewal Notice (lays): 6 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/HG Department: Parks Planning & Dev. Contract Amount: $13,510.00 Approval Authority: N Department Director ❑Mayor ❑City Council Detail: (i.e., address, location, parcel number, tax id, etc.): Green Kent Partnership Year 7, 2016-17; Continued program management assistance Division Contract PPD16-07 adccW10877_8_14 • KENT WAEHIMOTOH CONSULTANT SERVICES AGREEMENT between the City of Kent and Forterra THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Forterra organized under the laws of the State of Washington, located and doing business at 901 Fifth Avenue, Suite 2200, Seattle, WA 98164 (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: As described in Exhibit A, attached hereto: Continue program management support and assistance for Year 7 of the Green Kent Partnership, from April 1, 2016 through March 31, 2017 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 March 31, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $13,510.00, 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 ($20,000 or Less) 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 ($20,000 or Less) 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 ($20,000 or Less) 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 ($20,000 or Less) 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: By: By: Xsjiatureb (signature) Print Name: AS Prin(�Jae: Jeff Watling Its: I S�� 'q 7 Zl Its: Director of Parks, Recreation and rrtre_Z Community Services DATE:,,,,,, DATE: NOTICES TO BE SENT TO,: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Joanna Nelson de Flores Hope Gibson Forterra City of Kent 901 Fifth Ave., Ste 2200 220 Fourth Avenue South Seattle, WA 98164 Kent, WA 98032 (206) 905-6913 (telephone) (253) 856-5112 (telephone) jnelson@forterra.org hgibson@kentwa.gov P:\Pfann]ng\Green Kerit\Forterria\20 6-17�FOrterra-Year7-CONTRACT.dccx CONSULTANT SERVICES AGREEMENT - S ($20,000 or Less) 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. 1 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. 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 complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 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: EEO COMPLIANCE DOCUMENTS - 3 GG �� f y Exhibit A PARTNERSHIP Scope of Work. April 2016 — March 2017 Presented to City of Kent; larks, recreation, and Community Services By Forterra, August 2015 Since the 20-year Park and Natural Area Management Plan was adopted by the Kent City Council in September 2009, Forterra has closely collaborated with both Parks and Public Works staff to implement the first phase of the plan (2009-2014). During the first three years of the partnership, implementation included the creation of volunteer recruitment, management, aind tracking methods, the creation and support of a Green Kent Steward program, and the set-up of an interdepartmental management team responsible for making progress toward actively managing the 1,344 acres of natural areas in need of restoration and maintenance by 2029.Through 2012, partnership tasks were divided across Parks, Public Works and Forterra staff. As the program became more established, in 2013 City of Kent staff assumed responsibility for the core tasks necessary to achieve the restoration and community engagement goals laid out in the management plan. At the same time,Forterra works to develop tangible ways to share resources across the eight-city Green Cities Network, resulting in regional benefits that afire greater than the sum of each city's contribution. The City of Kent, while increasing its capacity to operate the program,sees the value in being connected to the pool of regional resources, such as shared trainings and continuing education for stewards, quarterly topic-based focus groups with Green City program managers,and leveraged outreach to raise regional awareness of Kent's efforts, recruit for the 2016 annual Green Kent day, and sign up new contacts who are interested in learning more about the Green Kent Partnership. The groundwork for this type of regional resource sharing was laid in 2013 and is in place to continue providing value to both Green Kent Partnership staff and stewards throughout 2016. Dander this agreement, Forterra will provide the services described below at the rates shown in the table on page 2. Forterra's Responsibilities and Deliverables * reein i(ern�r Ste ar i Orientation: Forterra staff will participate in the 2016 Green Kent Steward orientation, presenting the background behind the Green City Partnerships including Forterra's regional connection through the Cascade Agenda mission, and providing a sense of the geographic scope and impact that new Kent Stewards will be contributing to by summarizing regional statistics. • i uartedy nranagernei t teauuu regnonas updaNt,us: Forterra staff will attend one Green Kent management team meeting per quarter to update partnership staff on upcoming,training and education opportunities for Kent Stewards across the regional Green Cities Network, and coordinate any potential grant proposal ideas that will contribute to achieving the Green Kent Partnership's goals. s i° aintabi uregioir°Xak resource, sharing site, Forterra will maintain and update a Green Cities Network resource-sharing site that will; 1. Keep Green Kent staff informed of upcoming steward and staff trainings offered in other Green Cities,2. provide a place to share helpful community and urban forestry resources, 3. provide an updated Green Cities Network directory of staff contact information and roles where Green Kent staff can connect to help answer questions or solve problems that other cities may have already experienced, and 4. provide a communication platform for Green Kent staff to post questions to other site users, r green Cides a rIW'tedy fricus gi°OUps: Forterra will coordinate and host four Green Cities focus groups to discuss topics important to Green City program managers as voted on by the managers. These group meetings will rotate across Green Cities. Exhibit A • Regional Green Uty E)ay series outreach: supj'mrt Forterra will coordinate one regional press release about the Green City Day fall series that will highlight the efforts of all cities,holding an annual Green City Day.The regional scope of this press release will position Kent's work as part of a larger effort, providing a broader reach and more awareness. • WasHngtcri Corps (WCC)crew,days: Forterra's WCC crew of six people(including the crew leader) will complete four days of restoration work on Green Kent sites in coordination with Parks staff. Work may include removal of invasive species, planting of native trees and shrubs, and in general, work in areas not appropriate for volunteers. Forterra's Project Manager and Parks staff will work together to identify sites and tasks,so the WCC crew can plan for tool and equipment needs. • Host, a restoiradon event: Forterra will host one Green Kent restoration event, including providing tools, and other resources to provide Parks staff greater event capacity in 2016. Forterra's Project Manager will coordinate event details,, including site selection,date/time, and identified tasks with Parks staff. • Buisilless sponsorshiip pilot. ForteiTa will take the lead to test a business outreach and sponsorship effort for the Green Kent Partnership. Nine out of ten of the top ten businesses (most employees) are located within close proximity of the Green River Natural Area. Forterra will develop a general sponsorship brochure that introduces the Green Kent Partnership and a tiered sponsorship participation opportunity. For instance,the top tier would be to donate x dollars to the Partnership over a one year period.The lowest tier might be to donate$500 for leather gloves.This sponsorship effort builds on the current strong business involvement that Kent has already developed and tries to add predictability and sustainability. In addition to the sponsorship ask Forterra will create a recognition element for each business,. Finally, the City and Forterra will set up meetings with at least three businesses (hopefully more as time and money permit) and attempt to get a year-long business sponsorship commitment. 2 Exhibit A Deliverable Cost Rate Forterra presents Green Cities background,connection to Cascade $100.00/hour staff time Agenda and regional statistics at Steward Orientation $300.00 (not to exceed 3 hours) Attend management team meetings once per quarter to provide regional update re: upcoming staff and steward $100.00/hour staff time training/educational opportunities and share potential grant (not to exceed 3 proposal ideas $1,200.00 hours/meeting) Green Cities one-hub sharing site;maintained with upcoming regional trainings available to Green Kent staff and Stewards, relevant shared resources as they become available,and updated Network directory $2,860.00 $238.33/month Four Green Cities focus groups,to be held quarterly with topics determined by city partner input $1,000.00 $250/focus group Annual Green Cities Day series outreach support: one regional press release. •$550/regional press $550.00 release Pilot Business Solicitation for committed sponsorship of Green Kent 100/hour staff time for Partnership outreach(not to exceed $1,800.00 18 hours) Washington Conservation Corps Crew Days: jointly manage with Parks staff work on Green Kent sites by Forterra's WCC crew(4 days total)* $3,600.00 $900.00/day Host i restoration event including provision of tools,dumpsters, $100.00/hour staff time and any other resources needed for the event $1,200.00 (not to exceed 12 hours) Restoration supplies(including without limitation dumpsters, TBD by event and WCC plants,and snacks for volunteers) crew needs(not to $700.00 exceed$700.00) Standard federal mileage Travel budget rate(for business miles $300.00 driven) TOTAL $13,510.00 *Note: WCC crew will provide transportation and tools necessary to complete the identified work. !f necessary, the WCC crew will also provide herbicide/surfactant, herbicide application equipment, and certified staff to apply chemical treatment to invasive species. !f herbicide or special application equipment is needed, purchasing of materials will come out of the restoration supplies budget. The WCC crew will not remove any vegetation,garbage, and debris that would require the use of heavy machinery. The WCC crew is not responsible for hauling material offsite or paying disposal fees associated with vegetation/debris removed from a site.All invasive materials will be piled onsite for pickup by Parks staff. 3 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 $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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 AWII. 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. ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 Date41420161YR) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements , PRODUCER CONTACT NAME: Heffernan Insurance Brokers PHONE FAX PO Box 69038 A/C No Ext; 800-208-6912 A/C,No: 800-215-0147 Portland, OR 97239 EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURED Forterra INSURER A: First National Ins Co.of America 24724 INSURER B: American States Insurance Company 19704 901 Fifth Ave.#2200 INSURER C: Travelers Cas.8 Surety Co.of Amer. 31194 Seattle,WA 98164 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDDIYYYY MM1DDlYYYY GENERAL L LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY X 25CC36185130 07/01/2015 07/01/2016 DAMAGE TO RENTED $1 000-000 PREMISES occurrence CLAIMS-MADE OCCUR MED EXP(Any one person) $20,000 X WASHINGTON STOP GAP$1.000.000 PERSONAL&ADV INJURY $1 OQQ QQQ GENERAL AGGREGATE $3.000,000 GEN'L.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIoPAGG $3,000 QQQ X POLICY PROJECT F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 OQQ QQQ (Ea accldant) A ANY AUTO x 25CC36185130 07/01/2015 07101,2016 BODILY INJURY(Per $ person) ALLOWNEDAUTOS SCHEDULED BODILY INJURY(Per $ AUTOS accident) X HIRED AUTOS IX NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000 B EXCESS LIAS CLAIMS-MADE 01SU43052530 07/01/2015 07/01/2016 AGGREGATE $10,000,000 DED F_XJ RETENTION $10.000 WORKERS COMPENSATION WC STATU• OTH- AND EMPLOYERS'LIABILITY YIN TOR, LIMIT3 ER ANY PRORPIERITORiPARTNER/EXECUTIVE/ E.L.EACH ACCIDENT $ OFFICER/MEMSER EXCLUDED? ❑ NIA E.L.DISEASE-EA $ (Mandatory in N.H.) EMPLOYEE If yes,describe under DESCRIPTION OF E.L.DISEASE-POLICY $ OPERATIONS below LIMIT PROFESSIONAL LIABILITY EACH CLAIM $1,000,000 C RETRO-ACTIVE DATE:06109=06 1 Q5620248 Q6/09/2015 06/09/2016 RETENTION $j,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE:RE: Green Kent Partnership. The City of Kent is included as an Additional Insured on the General Liability policy and Primary,and and Additional Insured on the Auto Liability policy per the attached endorsements, if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH The City of Kent THE POLICY PROVISIONS. ATTN:Hope Gibson AUTHORIZED REPRESENTATIVE Fourth Ave.S.Kent, Kent,WA 98032 ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ©1.88-2010 ACORD CORPORATION.All rights reserved. COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization:The City of Kent ADDITIONAL INSURED -- BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any"occurrence"which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the `bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any"occurrence"which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CO 76 35 02 07 Page t of 4 EP (b) This insurance does not apply to This exclusion applies even if the claims 'bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, %uto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to cant' persons or by this endorsement does not apply to property for a charge; 'bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the 'auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nanoe or use of aircraft or watercraft; or ders,designs or specifications; and (6) 'Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or d. This insurance does not a I to `twdil equipment that is attached to, or PP Y Y part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the 'products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged;or No coverage will be provided K,in the absence of this (b) the operation of any of the machin- endorsement, no liability would be imposed by law on ery or equipment listed in Paragraph you. Coverage shall be limited to the extent of your ".(2) or f.(3 of the definition of p mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS'PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. 'Bodily injury" or "property damage" arising out of the ownership, maintenance, use or J. Damage To Property entrustment to others of any aircraft, "auto" 'Property damage"to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and `'loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an `occurrence", claim or `suit" by lion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or `your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single `location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance(Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 POLICY NUMBER: 25CC36185130 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With Respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s)or Organization(s): The City of Kent (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured' for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the"insured"or the only our share. Our share is the proportion "insured's" estate will not relieve us of any obli- that the Limit of Insurance of our coverage gabons under this coverage form. form bears to the total of the limits of all the 2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on This coverage form is void in any case of fraud the same basis. by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage sured", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you would have when this policy began.We a. This coverage form; will compute the final premium due when b. The covered"auto"; we determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered"auto";or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due date on the bill. If the es- coverage without additional premium charge, timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revision is ef- get a refund. fective in your state. b. If this policy is issued for more than one 4. No Benefit To Bailee—Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period, Coverage Territory property for a fee regardless of any other pro- vision of this coverage form. Under this coverage form,we cover accidents and losses occurring: 5. Other Insurance a. During the policy period shown in the Dec- a. For any covered "auto" you own, this cov- larations;and erage form provides primary insurance. For b, Within the coverage territory. any covered "auto" you don't own, the in- surance provided by this coverage form is The coverage territory is: excess over any other collectible insurance. (1) The United States of America; However, while a covered "auto"which is a (2) The territories and possessions of the Unit- "trailer" is connected to another vehicle, the ed States of America; Liability Coverage this coverage form pro- vides for the"trailer"is: (3) Puerto Rico; (1) Excess while it is connected to a motor (4) Canada;and vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered"auto"you own_ ger type is leased, hired, rented or bor- b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 30 any covered "auto" you lease, hire, rent or days or less;and borrow is deemed to be a covered "auto" (b) The "insured's" responsibility to pay you own. However, any "auto" that is damages is determined in a"suit"on the leased, hired, rented or borrowed with a merits, in the United States of America, driver is not a covered"auto". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico a. above, this coverage form's Liability or Canada or in a settlement we agree Coverage is primary for any liability as- to. sumed under an"insured contract". CA 00 01 0310 ©Insurance Services Office, Inc.,2009 Page 9 of 12