HomeMy WebLinkAboutPK17-225 - Original - Forterra - Green Kent Partnership Year 8 Management Support - 04/01/2017 ^Nso.
Records M e rn
KENT
Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Dame: Eorterra
"Vendor Number:
JD Edwards Number
Contract Number: Fni
This is assigned by City Clerk's Office
Project Name: Green lent Partnership Year 8 Management Support
Description: El Interlocal Agreement [I Change Order ® Amendment 0 Contract
Cl Other:
Contract Effective date: 4/1/17 Termination Date: 3/31/18
Contract Renewal Notice (Days): 0
Number of days required notice for termination or renewal or amendment
Contract Manager: Lynn Osborn/BH Department: Parks Planning & Dev.
Contract Amount: $13, 08.00
Approval Authority: [ 9, Department Director pMayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Consulting and program management assistance for Year 8 of the Green Cent Partnership
Division Contract PPD17-17
adccW10877 .8_14
KENT
w.s.....or-
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 attached Exhibit A, consultant will continue to provide program management
support and assistance for Year 8 of the Green Kent Partnership, from April 1, 2017 through
March 31, 2018.
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, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$13,508.00, 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 duty to defend, indemnify, and hold the City
harmless, and Consultant's liability accruing from that obligation 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.
]. 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. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms, of the Agreement shall be deemed
to have applied.
CONSULTANT: CITY OF KENT:
By: B 2y::
aturo' (signature)
'g Print Name I., Name: JuliesParas(condola, CPRP
Its: Its: Director of Parks, Recreation &
(title) Community Services
DATE:—A��
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Joanna Nelson de Flores Bryan Higgins
Forterra City of Kent
901 Fifth Ave, Ste 2200 220 Fourth Avenue South
Seattle, WA 98164 Kent, WA 98032
206-905-6913 (telephone) 253-856-5113 (telephone)
jnelson@forterra.org bhiggins@kentwa.g.ov.
P:Mamnq\F,een Ken(\fo,tv.,,a\20 17 1 fl,Year S\Forterra,Yew8 CC)N IR AC➢I do cx
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Lees)
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, suibcontractor 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 I.. .
. 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 mie, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
a Bove.
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
%i
��'( Ekh�OT A
GREEN ,",
P A R T N E R S H I P
Proposed Scope of Work: April 2017 — March 2018.
Presented to City of Kent; Parks, Recreation, and Community Services
By Forterra, February 2017
The Green Kent Partnership is nearing a milestone and will reach its tern-year anniversary in 2019. Kent has been
one of the strongest and most involved of the green cities. With strong staff involvement complemented by
Forterra support contract a lot of work has been accomplished. Kent also has a strong interdepartmental
collaboration between parks and public works which greatly enhances the success of the overall program.
Kent has also placed a lot of value in the regional interaction and sharing of ideas across the green cities
network. Focus groups, regional press releases and a general sense of how all green cities can learn from and
build their programs together has created a unique and successful regional collaboration. This network
continues to grow and is now at nine total cities. Forterra has a goal to add one new green city annivally..
As 2018 approaches Kent will continue to focus on ensuring the Green Kent Partnership remains an effective
and efficient program. More than 50, events are scheduled yearly and Forterra provides that regional presence
and support that allows volunteers and stewards a connection to the 'big' picture and an understanding of the
significance of the work both ecologically and community-wise.This year we will add back two steward trainings
to help these important volunteers gain the resources and knowledge to feel and act in a successful way. Many
of Kent's stewards are youth and young adults seeking their place in the world. Forterra brings a strong
background to help mentor and guide them along their path.
It is also hopeful that Kent will be able to reflect on the programs successes and lessons learned before their 10-
year anniversary. The Partnership is exploring the feasibility of updating their 20-year plan and seeks to
strengthen the brand and awareness of the Green Kent Partnership. It is anticipated that the 2018 and 2019
annual plans will be created with these goals in mind.
Under this agreement, Forterra will provide the services described below at the rates shown on page 3.
Forterra's Responsibilities and Deliverables,
• Green Kent Steward ttr�erAant ona Forterra staff will participate in the 2017 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 Steward's will be contributing to by summarizing regional statistics.
• Qurartrady rnanangenrnent tsawsn r egk.)naal Updates: Forterra staff will attend one Green Kent management
team meeting per quarter to update partnership staff on upcoming training and education opportunities
for Kent'Stewards across the regional Green Cities Network, and coordinate any potential grant proposal
ideas that will contribute to achieving the Green Kent Partnership's goals.
• Regional Green Oty Day st^des Oaatread's siinpport: Forterra will coordinate one regional press release
about the Green City Clay 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 Barger effort,
providing a broader reach and more awareness. Forterra will also provide support on the day of Green
EXHIBIT x(Continued)
Kent Day to include but limited to securing refreshments for volunteers and helping to lead tasks as
directed by Kent staff.
* Waslhingtom Ciomservatilon Corps (WOC) crew days: Forterra^s VV[C crew of six people (including the
crew leader) will complete six days ofrestoration work on Green Kent sites im coordination with Parks
staff. Work may include removal of invasive species, planting mf native trees and shrubs and, in general,
work in areas not appropriate for volunteers. Forterra'o Project Manager and Parks staff will work
together to identify sites and tasks, so the WCC crew can plan for tool and equipment needs.
0 20 Year Plan Update and 10 'YearAmmVversory Rrepanation: Kent will be reaching their I0' year
anniversary in2019�. This isa critical time for Green Cities and one that presents great
opportunity toevaluate the program uptO this point and utilize adaptive management tomake
adjustments that are needed. The city with Forterra will use 2017 to evaluate the existing 20
year plan. We will review each section of the current plan updating it to reflect realistic goals
and objectives for the city of Kent. We will work to outline a plan that utilizes volunteers and
paid staff 1m make adequate progress in our restoration efforts. The goal isto use 2O17and
2QI81ocomplete Green Kent Plan update and have itavei|eb1eitZ819.
a Educational trahnUmgs forStenmaircls: Forterra will organize and host two continuing education
trainingS for Green Kent stewards that will enhance steward knowledge about restoration best
practices, volunteer event nnamagenment, western Washington ecology, native plant
identification and uses, plant propagation techniques, and/or other practical topics that could
include things like small grant proposal writing and how to engage in the public process.
EXHIBIT A(Continued)
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,and to help coordinate WCC crew and events. $1,200.00 hours/meeting)
•$550/regional press
Annual Green Cities Day series outreach support:one regional press release
release and Green Kent Day support •$100/hour staff time
(not to exceed 4 hours)
$950.00
100/hour staff time for
10-year Anniversary Planning and Preparation outreach (not to exceed
$3,350.00 33.5 hours)
Washington Conservation Corps Crew Days: jointly manage with
Parks staff work on Green Kent sites by Forterra's WCC crew(6 days $918.00/day
total)* $5,508.00
$100.00/hour staff time
Provide 2 Habitat Steward Trainings (not to exceed 6 hours
$1,200.00 per training with prep)
Restoration supplies and hospitality for 2 Habitat Steward Trainings,
Green Kent Day and supplemental support of other Green Kent TBD by event(not to
events throughout the year as funds allow. $700.00 exceed $700.00)
Standard federal mileage
Travel budget rate(for business miles
$300.00 driven)
TOTAL $13,508.00
*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. if 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.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $4,000,000
general aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
A ® DATE(MMIODIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/24/2017
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((es) must have ADDITIONAL INSURED provisions or 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
NAME: _
(OR) Heffernan Insurance Brokers PHONE— 503-226-1320 ( FAX 503-226-1478
5100 SW Macadam, Suite 440 Wc-N°-Ext) ----------.---------
Portland OR 97239 ADDRESS* —
_ INSURER(S)AFFORDING COVERAGE NAIC p
INSURERA:First National Insurance Company of _ 124724
INSURED FORTERR-01 INSURERB:American States Insurance Company 19704
Forterra INSURERc:Travelers Casual and SuretyComa 31194
901 Fifth Ave.92200 --
Seattle WA 98164 [NSURERD:
INSURER E;
INSURER F:
COVERAGES CERTIFICATE NUMBER:299417472 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR D SUBR _ — POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE I INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS
A )( I COMMERCIAL GENERAL LIABILITY Y Y 25CC36185140 7/1/2016 7/1/2017 4 EACH OCCURRENCE S1,000,000
ED
CLAIMS-MADE OCCUR PREM SEa occurrence)ante 51,000,000
X W_A Stop Gap�1 MM MED EXP(Any one parson) $20,000
— PERSONAL&ADV INJURY_I$1,000,000 _
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S3,000,000
O.X POLICY JECT LOC PRODUCTS-COMP/OP AGG S3,000,000
OTHER: S
M D
A AUTOMOBILE LIABILITY Y i25CC36185140 7/1/2016 7!1l2017 SIN INGLE LIMIT
LEa accident) 51,000,000
ANY AUTO rBODILY INJURY(Per person) I S
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS _
HIRED NON-OWNED PROPERTY DAME
X AUTOS ONLY X AUTOS ONLY Per accident
S
B X UMBRELLA LIAB X J OCCUR I01SU43052540 7/1/2016 711l2017 EACH OCCURRENCE $10,000,000
EXCESS LIAB ___ CLAIMS-MADE AGGREGATE S10,000,000
DED X RETENTIONS 10,000 Prod./Comp.O s.A99. S 10,000,000
WORKERS COMPENSATION
PER FIR
AND EMPLOYERS'LIABILITY YIN _ STATUTE ER _
ANY PROPRIETORIPARTNERIEXECUTIVE ❑ EL EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED? N I A . . -----
(Mandatory In NH) E.L.DISEASE-EA EMPLOYE S
If yes,describe under
DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S
C Professional Liability 105620248 6/9/2016 16/9/2017 Limit Each Claim 1,000,000
Retroactive 6/9/2006 Deductible 5,000
I
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
Re:As Per Contract or Agreement on File with Insured.
City of Kent is included as an additional insured on the General and Auto Liability policies and Primary per the attached endorsements, if
required. Completed operations endorsement for the General Liability policy is attached, if required.Waiver of Subrogation is included on
General Liability policy per the attached endorsement, if required.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 Fourth Ave.S. ACCORDANCE WITH THE POLICY PROVISIONS.
Kent,WA 98032
AUTHORIZED REPRESENTATIVE
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
B. General Conditions d. When this coverage form and any other
1. Bankruptcy coverage form or policy covers on the same
basis, either excess or primary, we will pay
Bankruptcy or insolvency of the"insured"or the only our share. Our share is the proportion
"insured's"estate will not relieve us of any obli- that the Limit of Insurance of our coverage
gations under this coverage form. form bears to the total of the limits of all the
2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on
This coverage form is void in any case of fraud the same basis.
by you at any time as it relates to this coverage 6. Premium Audit
form. It is also void if you or any other "in- a. The estimated premium for this coverage
sured", at any time, intentionally conceal or form is based on the exposures you told us
misrepresent a material fact concerning: you would have when this policy began. We
a. This coverage form; will compute the final premium due when
b. The covered"auto"; we determine your actual exposures. The
estimated total premium will be credited
c. Your interest in the covered "auto"; or against the final premium due and the first
d. A claim under this coverage form. Named Insured will be billed for the bal-
d. Liberalization 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_
festive in your state. b. If this polity is issued for more than one
4. No Benefit To Bailee—Physical Damage year, the premium for this coverage form
Coverages will be computed annually based on our
We will not recognize any assignment or grant rates or premiums in effect at the beginning
any coverage for the benefit of any person or of each year of the policy.
organization holding, storing or transporting 7. Policy Period, Coverage Territory
property for a fee regardless of any other pro- Under this coverage form,we cover"accidents"
vision of this coverage form. and"losses"occurring:
5. Other Insurance a. During the policy period shown in the Dec-
a. For any covered "auto" you own, this cov- larations;and
erage form provides primary insurance. For b. Within the coverage 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
"trailer" is connected to another vehicle, the (2) The territories and possessions of the Unit-
Liability Coverage this coverage form pro- ed States of America;
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 0 Insurance Services Office, Inc.,2009 Page 9 of 12
POLICY NUMBER: 25CC36185140 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s : Location And Description Of Completed Operations
City of Kent
Information required to complete this schedule, if not shown above,will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for"bodily injury"or"property
damage'caused, in whole or in part, by"your work'
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the "products-
completed operations hazard'.
CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1
Named Insured: Forterra Policy Number. 25CC36185140
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PRIMARY
COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Kent
(if no entry appears above,information required to complete this endorsement will be shown in the declarations as
applicable to this endorsement.)
SECTION 11—WHO IS AN INSURED is amended to you. Coverage shall be limited to the extent of your
include as an additional insured the person or negligence or fault according to the applicable
organization shown in the Schedule subject to the principles of comparative fault.
following provisions:
The insurance provided will not exceed the lesser of:
1. The additional insured is an insured by only for
liability directly resulting from: a. The coverage and/or limits of this policy,or
b. The coverage and/or limits required by the
a. your ongoing operations for the additional in- contract, agreement or permit.
sured whether the work is performed by you
or for you; or With respect to the insurance afforded the additional
b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV _ COMMER-
erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is deleted
and replaced by the following:
2. This insurance does not apply to:
4. Other Insurance
a. "Bodily injury' or 'property damage' arising
out of any act or omission of,or for defects in a. This insurance is primary and noncontib-
design fumished by or for, the additional utory, and our obligations are not affected by
insured or any other insurance where the additional in-
b. 'Bodily injury'or'property damage'in-eluded sured is the Named insured, whether primary,
within the 'products-completed oper-ations excess, contingent, or on any other basis;
hazard.' however, the defense of any claim or 'suite'
must be tendered as soon as practicable to all
A person's or organizations's status as an additional other insurers which potentially provide
insured under this endorsement ends when your op- insurance for such claim or'suit'.
erations for that insured are completed. b. This additional provision applies only to the
additional insured shown in the Schedule and
No coverage will be provided if, in the absence of the coverage provided by this endorse-ment.
this endorsement, no liability would be imposed by
law on
A registered trademark of SAFECO Coporabon
CG 76 80 10 02 EP
POLICY NUMBER: 25CC36185140 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
WrM Respect to coverage provided by ttus 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 after 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 Organizabon(s):
City of Kent
(If no entry appears above. i forrnatmn 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 Uability 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
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.
TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit of
COMMERCIAL GENERAL LIABILITY CONDITIONS
The following is added to Paragraph 8. Transfer Of (Section IV):
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by
tion IV): your agent, servant or employee shall not in itself
constitute knowledge of the named insured unless an
We waive any rights of recovery we may have against officer of the named insured has received such notice
any person or organization because of payments we from the agent, servant or employee.
make for injury or damage arising out of your ongoing
operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and included in the HAZARDS
"products-completed operations hazard". This waiver
applies only to a person or organization for whom you The following is added to Paragraph 6. Representa-
are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery. TIONS (Section IV):
AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex-
LOCATION isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
For all sums which the insured becomes legally obli- such failure. However, this provision does not affect
gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our
under COVERAGE A (Section 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):
lion 111) 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