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Home My WebLink AboutPW17-386 - Original - Raedeke Associates, Inc - Contract - 6/30/17 'Pi % /1 j �"a it r/r'!/ jr/iiLi fir dJ' l/r %i k---, ecords M4J�/i �„rr nror�, KENT WASHINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office.. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Raecieke Associates, Inc. Vendor Number: JD Edwards Number Contract Number: I—I — This is assigned' by City Clerk's Office Project Name::.. Valley Floor Community Park "Wetland Delineation Description: 171 Interlocal Agreement El Change Order ❑ Amendment [E Contract El Other. Contract Effective Date: Date of the Mayor's signature Termination Date: 6/15/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $26,:700.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide wetland delineation services for the Valley Floor Community Park. As af� 08/27/14 ` . KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Raedeke Associates, Inc~ THIS AGREEMENT is made between the City of Kent, a Washington rnum|cipa� corporation (hereinafter the ''City"), and Raedeke Associates, Inc, organized under the laws of the State of Washington, located and doing business aL2111 N NarthgabeWay, Ste 219, Seattle, WAg8133, Phone: (206) 525-8122/Rsx: (206) 526-2880, Contact: Emmett Pritchard (hereinafter the "Consu|tant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide services for the Valley Floor Community Park wetland delineation. For a description, see the Consuitant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect atthe Urne 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 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty 5�n Thousand, Seven Hundred Dollars ($26,700), for the services described in this Agreement. This is the rnoxinmurn 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 invo�ce, 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 theUr execution of this Agreement, and in accordance with Ch. 51.08 RCVV, the parties make the following representations: CONSULTANT SERVICES, AGREEMENT - 1 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. CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, Including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counter arts 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 emai,l 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, 4 'Z By: By:— (si attire) (signature) Print Name: ��4W 10 61 Pint Name): S zette-Cooke Its VIC P/-�et�s oz-vz- its- "a'y or ��2 (tit e) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Emmett Pritchard Timothy J. LaPorte, P.E. Raedeke Associates, Inc. City of Kent 2111 N, Northgate Way, Ste 219 220 Fourth Avenue South Seattle, WA 98133 Kent, WA 98032 (206) 525-8122 (telephone) (253) 856-5500 (telephone) (206) 526-2880 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department �ln d1i4 field,Vol,may enter the clectrornc filcpith where the contract has been saved) CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on, this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this, Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 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. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: 53/1-�c(/V For: Title: Date: 611 EEO COMPLIANCE DOCUMENTS - I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 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 EXHIBIT IBIT A Wetland & Aquatic Sciences Wildlife Ecology Landscape Architecture .June 9, 2017 Mr Mathew Knox City of"Kent Public Works Engineering 400 West Gowe Street Kent, WA 98032 RE; Agreement for Professional Set-vices Valley Floor Community Park • Wetland & Green River 01IWM Delineation (RAI ##2017-042-001) • Early Spring 'Wetland Hydrologic Monitoring (RAI ##2017-042-002) Dear PVIr. Knox: We are Teased to submit the fallowing;proposal for biological consulting;services for the above project. The Scope of"Services portion of this Agreement is based upon discussions with you and out-understanding of the work needed as of the date ofthis document. If this scope has changed, please notify our office immediately so that we can update this Agreement to reflect the services needed. In order to authorize work to begin, please provide us with the appropriate contract documents for signature along with a list of other items required, as applicable. Thank you for the opportunity to submit this proposal. We look forward to working;with you on this project. If you have any questions you may contact me directly at(206) 525- 8122. Respectfully submitted, RAEDEKE ASSOC IAJI FS, INC. l."mmett Pritchard Principal Wetland Ecologist Attachments z 1 1 1 N. Nort.hgate Way, Ste 121 t) Seattle, NV A t)s 1 tlt't 206-52 5- 122 r aedeke.conr RAEDEKE ASSOCIATES, INC. 2111 N NORTHGATE WAY,STE 219 t SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Terms and Conditions for Professional Services Agreement Attachments 1 through 2 This document shall serve as an Agreement for Professional Services between Raedeke Associates, Inc. and The City of Kent for the project known as: Valley Floor Community Park RAI Project No. 2017-042 PROJECT LOCATION The project site consists of King County Tax Parcels#1122049008 and 1122049070 totaling approximately 50,89 acres. The property is located north of SE 2121h Street and west of the Green River in the City of Kent,Washington, as described by Mr. Mathew Knox, City of Kent Public Works Engineering. This places the project site in the NW%of the NW'/4 of Section 11, Township 22 North, Range 4 East, W.M. and within the NE %of the NE%of Section 10, Township 22 North, Range 4 East, W.M. Parcel maps retrieved on-line from King County iMap depict the property boundaries. PROJECT SUMMARY The scope of our services for this agreement involves tasks associated with: (1) delineation of wetlands and the ordinary high water mark(OHWM)of the Green River within the project site and preparation of a wetland and stream delineation report; (2) early spring wetland hydrologic monitoring within the project site, if necessary to verify the delineated wetland boundaries. PERFORMANCE OF SERVICES Services are performed per the U. S. Army Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory 1987), as updated for this area by the regional supplement to the COE wetland delineation manual for the Western Mountains, Valleys, and Coast Region (COE 2010). The COE wetlands manual is required by state law (WAC 173-22-035, as revised) for all local jurisdictions. The OHWM of the on-site river would be evaluated using definitions provided by the Washington State Shorelines Management Act of 1971: "that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation." (RCW 90.58.030(2)(b) and WAC173-22-030(6). The OHWM will be evaluated using procedures outlined in the 1994 Washington Department of Ecology Shoreline Administrators Manual. PROPOSED FEE SCHEDULE FOR ATTACHMENTS 1. Wetland&Green River OHWM Delineation [2016-018-001] $18,600.00 2. Early Spring Wetland Hydrologic Monitoring [2016-018-002] $8,100.00 Total $26,700.00 Raedeke Associates, Inc. June 9, 2017 Professional Services Agreement—Scope of Services Page 1 Valley Floor Community Park 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement and at a cost not to exceed the authorized contract amount without prior approval by the City of Kent. Invoices will reflect costs for actual hours and expenses incurred. Hourly Rates Sr. Principal $260.00 Associate/Sr. Scientist $180.00 Sr. Scientist/Planner $146.00 Staff Scientist/Planner $130.00 Technical Staff III $114.00 Technical Staff II $104.00 Technical Staff 1 $93.00 Project/Contract Administrator $98.00 Technical/Admin Support Staff $78.00 Field Technician $68.00 Expenses Vehicle Mileage $0.535 per mile Fax $0,50 per page Photocopies (black&white) $0.10 per page Prints/plots (8-1/2 x 11, color) $0.40 per page Prints/plots (11x17, color) $0.80 per page Prints/plots (24x36, color) $12.00 per page Other reimbursable items Cost plus 10% The estimated cost is valid for tasks specifically described above. To ensure that needed tasks are included, please carefully review the: Exclusions, Additional Services, and Change Order sections of this Agreement, if provided. Request to perform tasks not included in this Agreement will result in production of a Change Order for extra fees associated with the completion of the additional requested tasks and may result in project documents being held until such Change Order and associated retainer are received. The Client Responsibility section provides details of documents or files to be supplied before services can be completed, please review to ensure compliance with these requirements. ATTACHMENT INFORMATION: Each individual attachment for the above services provides a scope of work and proposed fee. Following are terms that apply to all of the Attachments. CLIENT RESPONSIBILITY Completion of the services described in the following attachments is based upon timely receipt the City of Kent of previously prepared technical reports for the project site, electronic base files, and or other documents for the project. These documents will be used as base information during the tasks described in the attachments. Raedeke Associates, Inc. June 9, 2017 Professional Services Agreement—Scope of Services Page 2 Valley Floor Community Park 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 EXCLUSIONS 1) Additional field investigations beyond those described in scope of services on each Attachment. 2) Additional meetings and correspondence beyond those provided in the scope of services for each Attachment. 3) Response to project wetland and stream delineation comments by the U.S. Army Corps of Engineers, Washington Department of Ecology, City of Kent, or other regulatory agencies that may have an interest in the site, the tribes, or the public. 4) Survey of wetland or stream boundaries. 5) Hydrologic monitoring of shallow groundwater monitoring wells. 6) Tasks associated with preparation of federal, state, or local jurisdiction permit applications. If these or other tasks not specifically included in this Scope are requested we will prepare a separate Agreement or Change Order to provide the additional services. CHANGE ORDERS Any requests for services not included in this Agreement,will result in the production of a Change Order to cover authorization and agreement for payment for such services. If the Scope of Services portion of this Agreement does not accurately describe the services required or is incomplete, please notify the Raedeke Associates, Inc. project manager assigned to the project upon receipt of this document. Raedeke Associates, Inc. June 9, 2017 Professional Services Agreement—Scope of Services Page 3 Valley Floor Community Park 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT 1 Valley Floor Community Park Wetland and Green River Ordinary High Water Mark Delineation RAI No. 2016-018-001 WORK PHASE SUMMARY This effort involves tasks associated with field investigations of the project site to delineate wetlands during late-spring 2017. Survey of wetland and Green River OHWM boundaries will be performed by the provided by the City's surveyor. Based on the findings of our field investigations we will prepare a wetland delineation report. Survey of wetland and Green River OHWM boundaries will be the provided to Raedeke Associates, Inc. by the City's surveyor for use as a basis for wetland delineation report figures. The contents of the report will be sufficient to meet City of Kent, Washington Department of Ecology, and U.S. Army Corps of Engineers standards for wetland delineations. We will provide a draft wetland delineation report to the City of Kent for their review and approval within 6 weeks of the date of execution of the contract by both the City of Kent and Raedeke Associates, Inc. covering the scope of services provided under this Attachment, Completion of the services described above within the specified time frame is based upon timely receipt from the City of Kent of technical reports or documents previously produced for the site and of survey information in Autocad format for all wetland boundaries and the OHWM of the Green River delineated by Raedeke Associates, Inc. within the project area. SERVICES TO BE PROVIDED • Project initiation, including initial correspondence with client, project site background review, and project mobilization; • Up to 72 staff-hours (18 hours for each of four staff) to delineate wetlands within the project site; • Up to 12 staff-hours (6 staff hours for each of two staff) to delineation the portion of Green River OHWM that is within the project site(west bank for the Green River); • Up to 67 staff-hours for preparation and production of a wetland delineation report and graphics. The report will include wetland delineation data forms, wetland ratings using the 2014 Washington Department of Ecology Wetland Rating Methodology, background graphics and a wetland delineation map based on the surveyed wetland and Green River OHWM boundaries provided by the City's surveyor; • Up to 2 staff-hours for project correspondence and coordination with the City of Kent Department of Public Works Engineering and its consultants; • Up to 2 staff-hours for associated project administration, • Project expenses, including costs for travel, mileage, faxes, reprographics, courier services,equipment rental, and other supplies. ESTIMATED COST: $18,600.00. Raedeke Associates, Inc. June 9, 2017 Professional Services Agreement—Scope of Services Page 4 Valley Floor Community Park 2017-042 RAEDEKE ASSOCIATES,INC. 2111 N NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT 2 Valley Floor Community Park Early Spring Wetland Hydrologic Monitoring RAI No. 2016-018-002 WORK PHASE SUMMARY This effort represents contingency tasks associated with hydrologic monitoring of the project site during early-spring 2018. These tasks may be necessary to verify wetland boundaries previously delineated by Raedeke Associates. Inc. during late-spring 2017. These tasks would not be performed by Raedeke Associates, Inc.without prior authorization by the City of Kent specifically for this phase of work. Raedeke Associates, Inc. would be responsible for installation of shallow groundwater monitoring wells within the project site and would meet with City of Kent Public Works Engineering staff on- site to review the locations of the monitoring wells or future monitoring by City staff. Raedeke Associates, Inc. staff would demonstrate well monitoring protocol and data collection to City staff at that time. City staff would monitor the wells during 2018 weekly from February 15 through the March 31 and every 2 weeks thereafter through April 30. City of Kent staff will provide the results of the hydrologic monitoring site visits to Raedeke Associates, Inc. for review and analysis. Based on the findings of the hydrologic monitoring, we would adjust the wetland delineation boundaries and update our wetland delineation report to reflect the wetland boundary adjustments, if necessary. SERVICES TO BE PROVIDED • Project mobilization; • Up to 20 staff-hours (10 hours for each of two staff)for installation of up to 9 shallow groundwater monitoring wells; • Up to 6 staff-hours to review monitoring well locations with City staff and demonstrate hydrologic monitoring protocol and data collection for preparation and production of a Biological Evaluation and associated graphics; • Up to 16 staff hours (8 hours for each of two staff) to adjust wetland delineation boundaries, as needed, based data collected from shallow groundwater monitoring; • Up to 18 staff hours for wetland delineation report revisions, if necessary; • Up to 2 staff-hours for project correspondence and coordination; • Up to 2 staff-hours for associated project administration; • Project expenses, including costs for travel, mileage, faxes, reprographics, courier services, equipment rental, and other supplies. COMPENSATION ESTIMATED COST: $8,100.00. Raedeke Associates, Inc. June 9, 2017 Professional Services Agreement—Scope of Services Page 5 Valley Floor Community Park 2017-042 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $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 ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 1045350 RAEDEASC DATE(MMlDDIYYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 6123/2017 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 pollcy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Kibble 8r Prentice PR PHONE 2p6 441-6300 610-362-8530 AIC No Ext: AIC No 601 Union Street,Suite 1000 E-MAIL P I certrequest@usi.com usi.com ADDRESS: • Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Phoenix Insurance Company 25623 INSURED Raedeke Associates Inc. INSURER B:Lloyds of London 85202 2111 N.Northgate Way,#219 INSURERC: Seattle,WA 98133 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MWDD MMIDD LIMITS A X1 COMMERCIAL GENERAL LIABILITY 6809H343444 D313112017 03131120113 EACH GOECTCURRENCE s2,000,000 CLAIMS-MADE F OCCUR PREMISES EaoccErnence $1,000,000 M ED EXP(Any one person) $5 000 PERSONAL&ADV INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000 POLICY a ECT F7 LOC PRODUCTS-COMPIOPAGG s4,000,000 OTHER: $ • AUTOMOBILE LIABILITY BASC619788 3/31/2017 03/311201 E°.BINE ent SINGLELIMIT S1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS Paracddent S UMBRELLA L1116 HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION 6809H343444 313112017 03l31I201 PER X OTH- AND EMPLOYERS'LIABILITY IER ANY PROPRIETORIPARTNERIEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT S1 000= OFFICERIMEMBER EXCLUDED? � N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 B Professional ENPOOOOI1301 0313112017 031311201 $1,000,000 per claim Liability $1,000,000 anni aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more apace Is required) RE: RAI 2017-042,Valley Floor Community Park. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured.The General Liability and Automobile Liability policies contain a special endorsement with Primary and Non contributory wording,when required by written contract. CERTIFICATE HOLDER CANCELLATION ANY OF THEBE City of Kent THE SHOULD EXPIRATION DATE ABOV THEREOF,E NOTICEI WILL BE CANCELLEDES WILLNE Public Works Operations ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S208297691M20182211 SMPZP Policy No. 6809H343444 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or"property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage"or"personal injury";and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance,whether primary,excess,contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this insurance is primary any person or organization far which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily rendering of or failure to render any injur y"sought occurs;and or "property damage" for which coverage s "professional services". g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that"written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 8109 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material or insurance Services Office,Inc.,with Its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph B.. Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us. DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a written contract requiring insurance with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect;and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs, or the"personal injury" offense is committed. Page 2 of 2 ®2015 The Travelers Indemnity Company.All rights reserved. CG D3 8109 15 Includes the copyrighted material of Insurance Services Office,Inc,with its permission Policy No. BA9C619788 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured' for Covered Autos Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section 11. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto"that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered"auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1.,Who Is under a contract or agreement in an "em- An Insured, of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered"auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2)of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered"auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "autd' that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4)of (b) Any "auto" that is hired, rented or bor- SECTION II—COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.I. of SEC- We will pay up to $50 per day to a maximum of The I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50.000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an"insured`; and stolen property as of the time of the (2) In or on your covered"auto'. "loss";or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered"auto'. damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ®2015 The Travelers indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss'; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of"loss" ( set forth in Paragraphs A.1.b. and A.1.c., but c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto"for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty;and lease;and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total"loss"to a covered"auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided,we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident"or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. a�Qti sr a a 4kss � u e o�gma�or- �y�t Knox Pnbne �o �amr�, 5551 oek HR �s/F 0.eeuM sgna Me�� eo N�� yasM1eake � T at on Dare 6/15/1� ff N NaME �SseeeueASsowe�e4lnc w000,'m' �✓ln3/i � ow,� 4. � aPPao�a� ma trnel:ee: n e n b` 440o52a0,4Vf90�'I@ZO ne ateacm¢ g eemens s nrae ssoc aces m.'p a�a ae nzmpn sery ws Youth �! I wF oor Comm�nry Park 91L��L•� �.eammwnrx. l.w'� .9�#� uAb�or v� UV E9 .� timb„d /1� ��reeeve.a. 'o.w, �m JL�{ 3'bt f : W � 1s�1J' ^ZF emek�++ Afih. 0 K,E NT Records Management Document CONTRACT COVER SHEET This is to be comp,feted by the Contract Mainager prior to submission to the City Clerk's Office. All portions are to be c leted. If you have questions, please contact the City Clerk's Office at 253-856-5725. El Blue/Motion Sheet Attached F-1 Pink Sheet Attached Vendor Name: Rae,deke Associates, Inc. ........................ Vendor Number (JDE): Contract Number (City Clerk): �' - ........... Category: r Contract Agreement................-...................19 � .................... ......................... Sub-Category (if applicable): Amendment- --__- Project Name: Valley Floor Community Park Wetland Delineation ................ .................. Contract Execution Date: 3/13/18 Termination Date: 12/31/18 ..................... Contract Manager: Matt Knox Department: PW: Engineering Contract Amount: Approval Authority: M Director Mayor El City Council Other Details: Radaeke Associates wi--ll orovide biolocal consulting services for the City ----—------ ----- qi of Kent Valley Floor Community Park .......................... ................ KENT W A 5 I I I N G T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Raedeke Associates, Inc. CONTRACT NAME & PROJECT NUMBER: Valley Floor Community Park Wetland Delineation ORIGINAL AGREEMENT DATE: June 30, 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: i. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The Consultant shall provide services for the Valley Floor Community Park - S. 226th St. Vactor Facility. For a detailed description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $26,700.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $26,700.00 including all previous amendments Current Amendment Sum $8,600.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $35,300.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/5/2018 (insert date) Revised Time for Completion under prior Amendments (insert date) Add'l Days Required for this 209 calendar days Amendment Revised Time for Completion 12/31/18 (insert date) I J The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT'/VENDOR: CITY OF KENT: By: B y (signature) J (signature) Print dame: Richard W. LundquistL,/ — Print Name: Tim LaPorte, P.E. Its Vice 2residmt Its Public Works Director (title) 0�8 DATE: March 12, 2018 DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT - 2 OF 2 EXHIBIT A ill Wetland & Aquatic Sciences Wildlife Ecology Landscape Architecture March 8, 2018 Mr. Mathew Knox City of Kent Public Works Engineering 400 West Gowe Strcct Kent, WA 98032 RE: Agreement for Professional Services City of Kent Valley I"loor Community Park Amendment 41 - S. 226th St. Vactor Facility • Wetland Delineation and Technical Memorandum (RAI #2017-042-10 1) • Wetland Delineation Report (RAI 420 1 7-042-1 02) Dear Mr. Knox: We are pleased to submit the following proposal for biological consulting services for the above-named prc�ject. The Scope of'Services portion of this Agreement is based upon discussions with You and our understanding of the work needed as of the date of this document. If this scope has changed, please notify our office immediately so that we can update this Agreement to reflect the services needed. In order to authorize work to begin.. please provide us with the appropriate contract documents for signature along with a list of other items required, as applicable. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions You may contact me directly at (206) 525- 8121 Respectfully subulitted, RAEDEKE ASSOCIATES, ENC, Ernmett Pritchard Principal Wetland Ecologist Attachments 2 it i i N. Northgate Way, Ste 21. Seattle, WA 91s133 2000-1525-8122 raedeke.coin RAEDEKE ASSOCIATES, INC. 2111 N NORTHGATE WAY, STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Terms and Conditions for Professional Services Agreement Attachments 1 and 2 This document shall serve as an Agreement for Professional Services between Raedeke Associates, Inc. and The City of Kent for the project known as: Valley Floor Community Park Amendment#1 -S. 226th St. Vactor Facility R.A.I.2017-042 -101 Wetland Delineation and Technical Memorandum -102 Wetland Delineation Report PROJECT LOCATION The project site consists of King County Tax Parcel#6195400010. The approximately 4-acre property is located at 6400 S. 22611'Street in the City of Kent, Washington, as described by Mr. Mathew Knox, City of Kent Public Works Engineering. This places the project site in the NE %of Section 14, Township 22 North, Range 4 East,W.M. Parcel maps retrieved on-line from King County iMap depict the property boundaries. PROJECT SUMMARY The scope of our services for this agreement involves tasks associated with (1) delineation of wetlands and preparation of a technical memorandum presenting a summary of the results of our site investigation and (2)preparation of a wetland delineation report. The technical memorandum would provide sufficient information for planning purposes. The technical memorandum prepared under Phase 101 of this Agreement would not provide wetland descriptions or description of delineation methodology or graphics and data needed for submittal to the City of Kent for verification of wetland boundaries and ratings. Upon authorization of Phase 102 by the City of Kent, we would prepare a wetland delineation report for the project that provides necessary information for verification of wetland boundaries and ratings by the City of Kent, Washington Department of Ecology, and the U.S. Army Corps of Engineers. These tasks would not be performed without prior authorization by the City of Kent specifically for each phase of work. We will provide you with a sketch map of the wetland delineation showing the GPS locations of all flags used to delineate wetlands that can be used by your professional surveyor for survey of the wetland boundary. PERFORMANCE OF SERVICES Services are performed per the U. S. Army Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory 1987), as updated for this area by the regional supplement to the COE wetland delineation manual for the Western Mountains, Valleys, and Coast Region (COE 2010). The COE wetlands manual is required by state law (WAC 173-22-035, as revised) for all local jurisdictions. PROPOSED FEE SCHEDULE FOR ATTACHMENTS 1. Wetland Delineation and Technical Memorandum [2017-042-1011 $6,200.00 2. Wetland Delineation Report[2017-042-1021 $2,400.00 Total $8,600.00 Raedeke Associates, Inc. March 8, 2018 Professional Services Agreement—Scope of Services Page 1 Valley Floor Community Park Amendment#1—S. 226th Street Vactor Facility 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement and at a cost not to exceed the authorized contract amount without prior approval by the City of Kent. Invoices will reflect costs for actual hours and expenses incurred. Hourly Rates Sr. Principal $270.00 Associate/Sr. Scientist $188.00 Sr. Scientist/Planner $152.00 Staff Scientist/Planner $134.00 Technical Staff lit $118.00 Technical Staff II $108.00 Technical Staff 1 $56.00 Project/Contract Administrator $101.00 Technical/Admin Support Staff $80.00 Expenses Vehicle Mileage $0.545 per mile Fax $0.50 per page Photocopies(black&white) $0.10 per page Prints/plots(8-1/2 x 11,color) $0.40 per page Prints/plots(11x17, color) $0.80 per page Prints/plots(2406, color) $12.00 per page The estimated cost is valid for tasks specifically described above. To ensure that needed tasks are included, please carefully review the: Excfusions, Additional Services, and Change Order sections of this Agreement, if provided. Request to perform tasks not included in this Agreement will result in production of a Change Order for extra fees associated with the completion of the additional requested tasks and may result in project documents being held until such Change Order and associated retainer are received. The Client Responsibility section provides details of documents or files to be supplied before services can be completed, please review to ensure compliance with these requirements. KEY STAFF Emmett Pritchard—Senior Scientist, Principal Anne Cline—Senior Scientist, Landscape Architect Kolten Kosters—Tech I I I Annamaria Clark—Tech I ATTACHMENT INFORMATION: Each individual attachment for the above services provides a scope of work and proposed fee. Following are terms that apply to all of the Attachments. CLIENT RESPONSIBILITY Completion of the services described in the following attachments is based upon timely receipt the City of Kent of previously prepared technical reports for the project site, electronic base files, Raedeke Associates, Inc. March 8, 2018 Professional Services Agreement—Scope of Services Page 2 Valley Floor Community Park Amendment#1—S. 226 h Street Vactor Facility 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 and or other documents for the project. These documents will be used as base information during the tasks described in the attachments. EXCLUSIONS 1) Additional field investigations beyond those described in scope of services on each Attachment. 2) Assessment of project impacts or analysis of potential mitigation opportunities. 3) Preparation of conceptual or final mitigation plans. 4) Additional meetings and correspondence beyond those provided in the scope of services for each Attachment. 5) Response to project wetland and stream delineation comments by the U.S. Army Corps of Engineers, Washington Department of Ecology, City of Kent, or other regulatory agencies that may have an interest in the site, the tribes, or the public. 6) Survey of wetland or stream boundaries. 7) Installation or monitoring of shallow groundwater monitoring wells. 8) Tasks associated with preparation of federal, state, or local jurisdiction permit applications. If these or other tasks not specifically included in this Scope are requested we will prepare a separate Agreement or Change Order to provide the additional services. CHANGE ORDERS Any requests for services not included in this Agreement,will result in the production of a Change Order to cover authorization and agreement for payment for such services. If the Scope of Services portion of this Agreement does not accurately describe the services required or is incomplete, please notify the Raedeke Associates, Inc. project manager assigned to the project upon receipt of this document. Raedeke Associates, Inc. March 8, 2018 Professional Services Agreement— Scope of Services Page 3 Valley Floor Community Park Amendment#1—S. 226th Street Vactor Facility 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT1 City of Kent Valley Floor Community Park Amendment#1 -S.226th St.Vactor Facility Wetland Delineation and Technical Memorandum RAI No.2016-042-101 WORK PHASE SUMMARY This effort involves tasks associated with field investigations of the project site to delineate wetlands. Survey of wetland boundaries will be performed by the City's surveyor. Based on the findings of our field investigations we will prepare a technical memorandum that will provide wetland constraints information need for project planning. The contents of the technical memorandum will not be sufficient to meet City of Kent, Washington Department of Ecology, and U.S.Army Corps of Engineers standards for wetland delineations. We will complete the wetland delineation and provide the technical memorandum to the City of Kent within 4 weeks of the date of execution of the portion of the contract covered under Attachment 1 by both the City of Kent and Raedeke Associates, Inc. Completion of the services described above within the specified time frame is based upon timely receipt from the City of Kent of technical reports or documents previously produced for the site. SERVICES TO BE PROVIDED • Project Initiation and Background Review: This task includes initial correspondence with client, project site background review, and project mobilization; • Field Investigation: This task includes a one-day field investigation for two staff(up to 20 staff-hours) to review and delineate, if necessary, wetlands and streams within the subject property. We will collect information on vegetation, soils, and hydrology to support our findings, as well as other notes pertinent to determine wetland ratings; • Technical Memorandum: This task provides for preparation and production of a technical memorandum summarizing the results of our field investigation (up to 20 staff-hours). The technical memorandum will include wetland delineation data forms, preliminary wetland ratings using the 2014 Washington Department of Ecology Wetland Rating System for Western Washington and analysis of City of Kent code to determine the likely wetland buffer widths that would be required for new development of the subject property; • Project Correspondence, Coordination, and Administration: This task includes up to 4-hours for project correspondence and coordination with the City of Kent Department of Public Works Engineering and its consultants and to provide in-house administration as necessary during the course of the project; • Project expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ESTIMATED COST: $6,200.00. Raedeke Associates, Inc. March 8, 2018 Professional Services Agreement—Scope of Services Page 4 Valley Floor Community Park Amendment#1—S. 226h Street Vactor Facility 2017-042 RAEDEKE ASSOCIATES, INC. 2111 N-NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT 2 City of Kent Valley Floor Community Park Amendment#1 -S. 226th St.Vactor Facility Wetland Delineation Report RAI No.2016-042-102 WORK PHASE SUMMARY This effort involves tasks necessary for preparation of a wetland delineation report. These tasks would not be performed by Raedeke Associates, Inc. without prior authorization by the City of Kent specifically for this phase of work. The contents of the delineation report will be sufficient to meet guidelines provided under City of Kent Development Assistance Brochure#9 and meet requirements by Washington Department of Ecology and U.S. Army Corps of Engineers for wetland delineation reports. The wetland delineation report would incorporate information previously prepared as part of Technical Memorandum provided under Attachment 1 of this Agreement. We will provide a draft wetland delineation report to the City of Kent for their review and approval within 6 weeks of the date of execution of the portion of the contract covered under Attachment 2 by both the City of Kent and Raedeke Associates, Inc. Completion of the services described above within the specified time frame is based upon timely receipt from the City of Kent of technical reports or documents previously produced for the site and of survey information in Autocad format for all wetland boundaries delineated by Raedeke Associates, Inc. within the project area, as well as property boundaries, easements, and other existing site features. SERVICES TO BE PROVIDED • Wetland Delineation Report: This task provides for preparation and production of a wetland delineation report(up to 14 staff-hours); • Project Correspondence, Coordination, and Administration: This task includes up to 2-hours for project correspondence and coordination with the City of Kent Department of Public Works Engineering and its consultants and to provide in-house administration as necessary during the course of the project; • Project expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ESTIMATED COST: $2,400.00. Raedeke Associates, Inc. March 8, 2018 Professional Services Agreement—Scope of Services Page 5 Valley Floor Community Park Amendment#1—S. 226t'Street Vactor Facility 2017-042 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 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $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 A:VII. F. 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. Client#: 1045350 RAEDEASC TE ACORD,. CERTIFICATE OF LIABILITY INSURANCE D 61231 lDDIYYYY] 12312017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: _ USI Kibble&Prentice PR PHONE 206 441-6300 F 610-362-8530 A/c No Eat: AIC No 601 Union Street,Suite 1000 ADDRIEss: pl.cortrequest@usi.com WA 98101 INSURER(S)AFFORDING COVERAGE NAIC q INSURERA:Phoenix Insurance Company 25623 INSURED INSURERB:Lloyds of London 85202 Raedeke Associates Inc. wsuRERc: 2111 N. Northgate Way,#219 - — - Seattle,WA 98133 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I,ADDL SUB POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMID MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY_- CLAIMS-MADE X OCCUR 6809H343444 3I3112017 03/31/2018 EACH OCCURRENCE $2 000,000 RAIy�A�E T0 RENTED RE_MISES(Ea occurrence) $1,000,000 ME EXP(Any one person) s6,000 PERSONAL 8 ADV INJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4 000,000 POLICY F X]ECOT1:1 LOC PRODUCTS-COMP/OP AGG s4 OOO OOO OTHER S A AUTOMOBILE LIABILITY BA9C619788 3/31/2017 03/31/2018 COMBINED SINGLE LIMIT CO aBINEDU s1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS (Per accident) _ -s UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S i DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X 6609H343444 313112017 03131/2018 PER ;OTH- ZANY PROPRIETORIPARTNER/EXECUTIVE YIN !WA Stop Gap) E.L EACH ACCIDENT $1 OOO 0OO OFFICER/MEMBER EXCLUDED? �,� NIA l --------- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S1 000,000 If yes describe under ---- DESCRIPTION OF OPERATIONS below ___ _ _- E.L.DISEASE-POLICY LIMIT S1,000,000 B Professional ENPOOOOI1301 313112017 03/3112018, $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:RAI 2017-042,Valley Floor Community Park. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured.The General Liability and Automobile Liability policies contain a special endorsement with Primary and Non contributory wording,when required by written contract. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Operations ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S208297691M20182211 SMPZP Policy No. 6809H343444 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury' or"property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part,but: "written contract requiring insurance" a. Only with respect to liability for"bodily injury", specifically requires you to provide such coverage for that additional insured,and then "property damage"or"personal injury";and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance,whether primary,excess,contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary to other insurance available to the additional coverage as an additional insured c insured which covers that person or organizations is added by another endorsemenntt t to o thhisis as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs:and professional services". g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that"written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 0915 m 2015 The Travelers Indemnlly Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office.Inc.,with Its pennisslon COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph S., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring Insurance"with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect;and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs,or the"personal injury" offense is committed. Page 2 of 2 ®2015 The Travelers Indemnity Company.AN rights reserved. CG D3 8109 15 Includes the copyrighted material of Insurance Services Once,Inc,with its permission Policy No. BA9C619788 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow;and Liability Coverage, but only for damages to which (2) Any covered "auto"hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any"auto"that is leased, hired, Who Is An Insured, of SECTION II — COW rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered"auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1.,Who Is under a contract or agreement in an "em- An Insured, of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any"employee" of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered"auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered"auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4)of (b) Any "auto" that is hired, rented or bor- SECTION II—COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of The I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The fallowing is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an"insured";and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss'; COVERAGE: Exclusion 3.a. does not apply to "loss" to one or (b) Financial penalties imposed under a PP Y lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto"for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of$1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered"auto"of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident"or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract.The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 0215 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission.