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HomeMy WebLinkAboutPW17-511 - Original - Wetland Resources, Inc. - GRNRA South Pump Station Wetland Delineation & Critical Area Study - 11/21/2017 rlJ 'goye,f r,"S, No�1rj'(i % xaa iil ENT j%Iv!/` ,, , fi Tiro w ,,��ii%r� Document. 1� oar/���ri�/i,g�,,,. CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission i to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Wetland Resources, Inc. Vendor Number: JD Edwards Number Contract Number: pvp r I This is assigned by City Clerk's Office Project Name: GRNRA South Pump Station Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/22/17 Termination Date: 7/1/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $5,450.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Perform a wetland delineation and prepare a draft and final critical area study for the .... .. ... ...::.. _,........ project ..........._. As of, 08/27/14 / KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Wetland Resources, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wetland Resources, Inc. organized under the laws of the State of Washington, located and doing business at 9505 191h Ave. SE, Suite 106, Everett, WA 98208, Phone: (425) 337-3174, Contact: Scott Brainard (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall perform a wetland delineation and prepare a draft and final critical area study for the Green River Natural Resources Area South Pump Station property. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by July 1, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Five Thousand, Four Hundred Fifty Dollars ($5,450.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Dcspu es and Governing V_am+. 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 ($20,000 or Less) 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. Asstianment. 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. N1odificatign. 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. Compllance with Law_a. 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. PublL4Z_RecorA5 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. Llgense Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: BY: m.. m"m _mm_ _ BY Qgnaturej mm ana ure) Print Name' c ** nr=+ n=ram Print Name: Timothy J. LaPorte, P.E. Its: Dri i.tw �.. .......... Its: Publi Works irector ................................................. (title) DATE: Novemher 17 _ 2n17 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Scott Brainard Timothy J. LaPorte, P.E. Wetland Resources, Inc. City of Kent 9505 191h Ave. SE, Suite 106 220 Fourth Avenue South Everett, WA 98208 Kent, WA 98032 (425) 337-3174 (telephone) (253) 856-5500 (telephone) (425) 337-3045 (facsimile) (253) 856-6500 (facsimile) 1Nel Wld Resources-GRNR P5/Knox CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1„ I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Scott Brainard For: Shetland Rescurc�S , ln.0 Title: ... S�rixxci.pxzb, Date: NnvPmhPr 17, ?0.17 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, Consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of _ �— Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as _- that was entered into on the __.. (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A o#1 , Afro 3"r Delineation/Mitigation/Restoration/Habitat Creallon I Permll Asslslance 9505 19th Avenue S.E. Suite 106 Everett, Washington 98208 (425)337-3174 Fax (425)337-3045 November 2,2017 City of Kent,Public Works Dept, Attn. Matthew Knox 220 Fourth Avenue S Kent, WA 98032 Re: Revised proposal for Critical Area Services — GRNRA South Pump Station Property l Parcel#Is 1422049055 and 5436200140 Wetland Resources, Inc. agrees to the following scope of work for the approximate 2.86-acre site located at and adjacent to 1412 W Morton Street in the city of Kent, WA. The site is located as a portion of Section 14,Township 22N, Range 4E, W.M. Scope of Work* 1 . Pciform a Field Delineation 2. Prepare a draft Critical Area Study,with 2014 Wetland Rating 3. Prepare.a Final Critical Area Study * The Field Delineation and draft Critical Area Study will be scheduled and completed within 30 days of Notice to Proceed. The Final Critical Area Study will be completed within two weeks after receipt of City of Kent comments on draft Critical Area Study. Fees Wetland Resources, Inc. charges $150.00 per hour for a Principal Ecologist,$130,00 per hoar for a Senior Ecologist,$120.00 per hour for an Associate Ecologist and $60.00 per hour for an Ecological Technician. We estimate the total cost related to the aforementioned scope of services to be $5,450,00, We will not exceed this estimate without prior approval. The above scope of work does not include a survey of flags and/or mitigation planning. If additional services are deemed necessary,another proposal will be drafted. Payment Terms Progress invoices are mailed monthly with net payment due within 30 days of receipt. We will supply you with a draft copy of the document(s) for your review and comments along with a final invoice. Document(s) will not be finalized or signed until full payment of any balance due has been collected. Interest will be charged on accounts thirty days past due it the rate of 1 .5% per month for the unpaid balance. In the event this account is sent to collections, the client will pay reasonable attorney fees and cost of collection, whether or not a lawsuit is commenced. The work considered for this proposal will conform to the prevailing standard of care employed by wetland ecologists in Washington, No other representation or warranty is made concerning the work or the document(s) considered by this proposal and any implied representation or warranty is disclaimed. If you are in agreement with this proposal, please sign, date,and return a copy.This cost estimate will be honored if executed by November 16,2017, We will schedule to begin work on this project upon receipt of Notice to Proceed. We look forward to working with you on this project. Wetland Resources,Inc. - m Scott Brainard, Principal Ecologist Agreed to; - ----- ............ __ _._.._.___.__.._ g5ate: ._.. _, Signature of Authorized Agent for City of Kent _.. ----------- ... __ ..._... ...._.___._ __. Agent's Printed Name and Title SB:sb Page 2 of 2 LDS Property Kent, Parcel #5436200140 (West Portion) 14220A8030 142?04905d 8879800'E10 8979909i90 9198010470..,, � I 237 $ t 1422049051'.. 238. 2 g 9198010460 27,000 SF Area to Delineate o w4 � �torlrcar� Atltlitional ROW Area to Delineate- Approx Fi,500 SF u r2J0. ,,10a�;,'.. w Approx, Size of Parcel. .a 91.000 SF p 5436200140 Tor 5435200140 239 JltNIES m ry ro 2322049082 Legend Parcels RoaEs ttlyPS IDO 50 p ipp 200 Sop 400 — Raatls vavueueemwmmmmmarrwreou vmieueuervvn swm vin,p se1non me ^- -•Minor Sveams 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, Fired 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'' ompensatlon coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabiliiy insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 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. 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. WETLA-1' tlP 10:JU CERTIFICATE OF LIABILITY INSURANCE OATE(MMIOOIYYYY) 1112112017 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 .he terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ;ertificate holder in lieu of such endorsernord s. )DUCER CONTACT Pa Foote .dor-Thomason Ins. Brokers NHM.F i tJ1 South 19th Street PH,"E .253 284-7926 C'""'�`.N°1 253-284-7901 _ Box 7187 F'MAIL Pe F ttib.net ,o ma,WA 96417 A1Y.pPR3S: R9"/_ m Taylor,Jr.CPCU,ARM,AAI INSURERi5)AFFORDING COVERAGE _ NAIC 4 INSURER A:Liberty Surplus Insurance Corp IMSURED Wetland Resources, Inc. INSURFRR Mutual of Enumclaw 14761 John Laufenberg 9505 19th Ave. S.E. Ste 106 I FURFR r Everett,WA 98208 wsuRFR c INSURER E: INS_N_RER F: )VERAGES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAiryMS. u''R" _....... ...�AB ri 5UaFl _.._. ....-. POLIdY EFF " OLI r TYPEOFIN$pRANCE enrn POLICYNUMBER LIMITS a,., opMIA MQJAL e¢NSAAL leilkiR f1' EACHOCCURRENCE s 2.000,00 DAMArTa"#sNrF� gg0,o0 ' GLAD MAgE X.1 pccUR X UVEDE10208811i'. 0411012011 641101121310 FREIyte�E..a.,LOF aa¢uv(aM�- 4 _ _.- _ 7( CpgWYR911J(al MEP E%P(APY one Pareon) E 10,00 )( Prof Liale Claims "PER SONAL SAM INJURY a 2 000,g0 OEN"L AGGREGATE LIMIT APPLIES PER CENT RAt,Apr4ftEdATE $ 2,090,00 ?.. X POLICY I JECT LJ LOU PRODUCTS._COMPIOP AGO 5 2,000100 m 1 Au MpdY4RR0WTf ma _.- ....... y GIPpQ013453 0411612017 p4174i2011d BODILY INJURY(Per pmreP Pcad® sG 0l p A(t — ON-OWNED ph6AlP`7SnT $HIRRptT AUTOS — . — 'Pdt.9�W1MAJ ar 8 ddgaN EF �I.uAO _ 0000R EA(iMLf� QO�R 4iJ0FaMI{4r1 CIAIMa:MADE INq Ap OMARENahfpO T UAL AND IS ),Ihglq.G 1 00 0(t A ANYIPROF 1 ro A NF eayrluR uVOq 90«0811�1� 44y1l201741A010QL. Ac hdoipBMT $ ��.. DI PlaEwldr . Iup g R l e ' "�' d 01PWW ,v MAR4gtR fp lfN�� - ', ,InrA t$T1DP JAM:�. � � EIL OISLASE EA EMPLOYF..$ ,000,00( 'r,. Psy4�q dbna or .1AI}✓ L p19EMs1:"POLIC4u. rF. $ 11000,00C VE3C RI PTION OR OP EnetION$P LOCATIONS I VE BIG LE$ (AGO R01 e1.,Additional Remarks Schgdulu,maybe aBached if more space is required) i;ie City of Kent Is hereby named as prl'mary/non-contrlbuto additional Insured with respects to General Liability per LSIC-E-UV-98(1�/13)and named, aG additional irsured with respects to Automobile Liability per form EA 9910 1013 ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 22p Fourth Avenue S RESENTATIVE Kent,WA 98032 AUTHORIZEDTaylor,Jr.CPCU, Tom Taylor,Jr.CPCU,ARM,AAI - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO EA 99 10 11 13 ` THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.1. is deleted and replaced with the Physical Damage Coverage Is extended to the following: temporary substitute auto for the lesser of the 1. Trailers fallowing number of days: a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when, The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are required to include as an additional Insured (2) Not used for business, farming or on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injury" or"property vehicle of the private passenger, station damage" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration, this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage The Limits of Insurance applicable to the Coverage: Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or 5. Destruction. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 4 e. Broadened Named Insured under this policy. No deductible applies to Any business entity newly acquired or this coverage. formed by you during the policy period (1) We will pay only for those expenses provided you own 51% or more of the incurred as a result of a covered 'loss' business entity and the business is not occurring during the policy period separately insured for Business Auto beginning 24 hours after the "loss" and Coverage. Coverage is extended up to a ending, regardless of the policy's maximum of 90 days following acquisition expiration, with the lesser of the or formation of the business entity or until following number of days: the end of the policy period, whichever (a) The number of days reasonably comes first. required to repair or replace the f. Employee Hired Auto covered "auto". If 'loss" is caused An "employee"of yours is an"insured" while by theft, this number of days is operating an "auto" hired or rented under a added to the number of days it contract or agreement in that "employee's' takes to locate the covered "auto" name, with your permission, while and return it to you; or performing duties related to the conduct of (b) 10 days. your business. (2) Our payment under this Coverage Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and Extension (4.a.) is limited to the lesser replaced with the following: of the necessary and actual expenses 2. Coverage Extensions incurred or the maximum amount shown, $250. a. Supplementary Payments (3) Coverage under this Coverage (2) Up to $2,500 for cost of bail bonds Extension (4.a.) does not apply while (including bonds for related traffic law there are spare or reserve "autos' violations) required because of an available to you for your operations. "accident"we cover. We do not have to furnish these bonds. The following is added to Paragraph AA.: (4) All reasonable expenses incurred by c. Transportation Expenses - Theft of a the "insured" at our request, including Private Passenger Auto actual loss of earnings up to $300 a day In the event of 'loss' to a covered private because of time off from work. passenger type "auto' caused by a total The following changes revise SECTION III—PHYSICAL theft which is covered by Comprehensive or DAMAGE COVERAGE Specified Causes of Loss Coverage on this policy, we will pay up to $25 per day to a This coverage applies only for a covered "auto' for maximum of $500 for transportation which Physical Damage Coverage is provided for on expenses incurred by you as a result of that this policy. 'lass". The following is added to Paragraph A.3: (1) We will pay for transportation expenses Glass Repair—Waiver of Deductible incurred during the period beginning No deductible will apply to glass breakage if such 264 hours (11 days) after the "loss". glass is repaired in a manner acceptable to us (2) Regardless of the policy's expiration, rather than replaced. our reimbursement of your Paragraph A.4.a. is deleted and replaced with the transportation expenses under this fallowing: Coverage Extension will end when the covered "auto" is returned to your use 4. Coverage Extensions or we pay for its 'loss". a. Limited Rental Reimbursement or Travel (3) No deductible applies to this Coverage Expense Extension. We will pay up to $25 per day to a d. Tapes, Records and Discs maximum of $250 for rental reimbursement We will pay for 'loss' to tapes, records, expenses for the rental of an "auto" or other compact discs, or other similar devices transportation expense incurred by you used with audio, visual or data electronic because of"loss" to a covered "auto' which devices. is covered by Comprehensive, Specified Causes of Loss, or Collision coverage (1) We will pay only if the tapes, records, compact discs, or other similar devices: EA 99 10 11 13 Includes copyrighted material of Insurance services Office, Inc.,with its permission Page 2 of 4 (a) Are your property or that of a family (d) Animals, private passenger"autos," member; or motorcycles, aircrafts, boats or any (b) Are the property of an "employee" other motorized vehicles or their using a covered "auto" in your equipment, furnishings or business affairs at the time of the appurtenances. "loss"; and (e) Equipment or accessories while (c) Are in a covered "auto" which your Travel Trailer, "Camper" or sustains other covered "loss" under Motor Home is leased or rented to Comprehensive or Collision any organization or any person coverage at the time of the "loss" to other than you or a family member. tapes, records, compact discs, or (2) The maximum we will pay for "loss" is other similar devices. the lesser of: (2) The most we will pay for "loss" under (a) The actual cash value of the this Coverage Extension (4.d.) is $200. personal property at the time of (3) Physical Damage Coverage provisions "loss"; apply to this coverage, except that any (b) The cost of repairing the damage; deductible applicable to or Comprehensive or Collision coverage (c) The cost of replacing the damaged does not apply to this Coverage personal property with other Extension (4.d.). personal property of like kind, The exclusion referring to tapes, records, condition, quality and value. discs or other similar audio, visual or data g, Vacation Expense Allowance electronic devices designed for use with audio, visual or data electronic equipment We will pay you $50 per day to a maximum does not apply. of $500 for extra expenses when a Travel e. Camper Bodies Trailer, "Camper" or Motor Home is a P scheduled auto for physical damage In. the event of, a "lass" to "a detached coverage, and the Travel Trailer, "Camper" "cari hyePcal p c1pri coverage will or Motor Home; apply as if rt were part of the covered 'auto' (1) Is damaged or destroyed and is on which It Iii rated GninhAbifable; and t. Contents of a Trave( Trailer, Camper or (2) While being used for vacation purposes ,motor Horpm within the policy period, When a Travel Trailer, "Camper" or Motor Extra expenses 'mi be supported by Home Is a scheduled auto for physical receipts or other valid evidence, damage coverage, we will tray up to $1,000 for "loss" to personal property belonging to The following is added to Paragraph A.: you or a family member that is within the 5. Extra Expense— Broadened Coverage Travel Trailer, "Camper" or Motor Home. We will pay for the direct expense of the We will pay up to$250 for"loss"to personal returning of a stolen covered "auto"t0 you. We property belonging to you or a family will pay only for those covered "autos"for which member that is outside the Travel Trailer, you carry Comprehensive or Specified Causes "Camper" or Motor Home, of Loss Coverage. This coverage will only (1) We will not pay for"loss"to: apply to vehicles recovered inside the 48 (a) Articles carried or held for sale, contiguous United States. This coverage does storage or repairs, or for later not apply to an "auto" we deem a total "loss'. delivery; goods kept to show or sell; The following is added to Paragraph B.3.a.: or theatrical wardrobes. Airbag Coverage—Accidental Deployment (b) Business, store of office furniture or However, this exclusion does not apply to the equipment. unintended inflation of an airbag if the inflation (c) Records or accounts, money, is caused by mechanical or electrical bullion, deeds, contracts, evidences breakdown. of debt, securities, tokens or tickets, stamps in current use or manuscripts. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 3 of 4 The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added', Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used ,.accident" is known to: for casual travel or camping. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto' hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto". The following is added to Paragraph B.5. e. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a,above will apply. EA 99 10 11 13 Includes copyrighted material of Insurance services Office,Inc.,with its permission Page 4 of 4 Mutual of Enumclaw Insurance Company Enumclaw, Washington 98022 FORMS AND ENDORSEMENT SCHEDULE Policy Number: CPP 0013553 04 Effective Date: 04/15/2017 Named Insured: WETLAND RESOURCES 9505 19TH AVE SE SUITE 106 EVERETT WA 98208 Coverage Line Form Number Ed. Date Description All Lines ME0001 (10/15) Mutual Policy Conditions All Lines COM126 (01115) Terrorism Disclosure Notice All Lines COM127 (08/15) Terrorism Rejection Form Interline IL0003 (09/08) Calculation of Premium Interline IL0123 (11/13) WA Changes- Defense Costs Interline IL0146 (08/10) WA Common Policy Conditions Interline IL0198 (09/08) Nuclear Energy Liab Excl Endt Inland Marine CL0103 (10/02) Common Policy Conditions -WA Inland Marine IM2097 (04/04) Amendatory Endorsement-WA Inland Marine IM7000 (04/04) Contractors Equipment Coverage Inland Marine IM7005 (04/04) Schedule-Contractors Equipment Inland Marine IM7030 (tAll04) Equipment Schedule-Cont Equip Commercial Auto CA0001 (10/13) Business Auto Coverage Form Commercial Auto CA2134 (10113) Washington Underinsured Motor Commercial Auto CA2394 (10/13) Silica or Related Dust Excl Commercial Auto CA9903 (10/13) Auto Medical Payments Coverage Commercial Auto EA0135 (10/16) Washington Changes Commercial Auto EA0301 (02/06) Intercompany Deductible Waiver Commercial Auto EA9910 (11/13) Business Auto Enhancement Ends Commercial Auto EA9912 (Oa/13) Personal Vehicle Sharing Excl Commercial Auto ME8802 (12/01) DESIGNATED INSURED CA 2048 DP 00 95 01 08 INSURED COPY I Sm-pllus Insurance j LIU Environmental AclvantageTl11 h�}rp�c>xzrtita"' LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshir,Stock[nsuranre Company,hereinafter the'Company") THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT F'slffc•e ka+ Dal{ April 15,2017 INfmnnon.Date: Apr] 15,2018. C'cdtny Swuuiben UVEDE102098117 Endorserarew No t0 Iss+icd"I"a: Wetland Rcsoiuces,Inca It is herby agreed that[he following is included as an Additional Insured as respects Coverages A,B and D but only as respects tiabiGty susing out of"vour wort.'for the Additional Insured by or for you. Additional Insured: Additional Insured includes a person or orprinsi.tion as required by written contract signed by the Naaaed Insured and such person or organization prior to any"occurimce"or`loss"in which coverage is sought under this policy. Sucb Additional Inured is covered for any liability arising out of their anew negligcaace,liability arising from operations tendered by,wilful misconduct of,or detects in design funushcd by,such Additional Insured. Also, as respects the coverage afforded the Additional Insured and as required by written contract, this insurance is purnary and noncontubutoty, and our obligations are not affected by any other insurance carried by such Additional hisaned whether pnimary,excess,contingent„or on any other basis. Tim ealdorserrient does not increase the company's limits of&abaitlr as specified in dne Declarations of this policy. All ocher teuus,conditions and exclusions shall remain the same, I LSIC-E-1JV-96(10/13)