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HomeMy WebLinkAboutPW17-540 - Original - Historical Research Associates, Inc - Contract - 12/7/17 in�/%d lr%r r11,'�/%�%l � srrRiml F ` Ile m Keco wAsHING.oN ,�r��;�'� Document AYPY 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: Historical Research Associates, Inc. Vendor Number: JD Edwardrys Number Contract Contract Number: ryq ` r 510 This is assigned by City Clerk's Office Project Name: Mill Creek Reestablishment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/7/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Enqineering Contract Amount: $17,483.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct a cultural resource inventory for the project. As of: 08/27/14 +" N T KE CONSULTANT SERVICES AGREEMENT between the City of Kent and Historical Research Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Historical Research Associates, Inc. organized under the laws of the State of Montana, located and doing business at 1904 Third Ave., Suite 240, Seattle, WA 98101, Phone: (425) 368-0931, Contact: Lynn Compas (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 conduct a Cultural Resource Inventory for the Mill Creek Reestablishment project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A, The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventeen Thousand, Four Hundred Eighty Three Dollars ($17,483.00), 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. Recy-cla_ -0e Material s. 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. Xgj1-Wativer 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 DispU.ks_.and Governing Lgv,. 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. Wri ten NOt[gg, 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 Lgww 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. Gity_Business License Re% ired. 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 A;nd 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: By: Pri t am Print Name: Timothy J. LaPorte, P.E. hIts: + Its: Public Works Director DATE:-1-I)- DATE:_,/. /mm 'r(1 ...._......... ---- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lynn Compas Timothy J. LaPorte, P.E. Historical Research Associates, Inc. City of Kent 1904 Third Ave., Suite 240 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (425) 368-0931 (telephone) (253) 856-5500 (telephone) (425) 368-1001 (facsimile) (253) 856-6500 (facsimile) HRA-Mill Creek Re..Ub/HAl ,, 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„ By: X ...._ _ _._ For: Title: ". _._...... - Date: EEO COMPLIANCE DOCUMENTS - 1 o r 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 m.._ (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 HISTORICAh RESEARCH ASSOCIATES, INC. Scope of Work: Cultural Resource Inventory for the Mill Creek Reestablishment Project, City of Kent, King County, Washington Historical Research Associates, [tic. (HRA),is pleased to provide this scope of work(SOW and cost estimate (CE) for the Mill Creek Reestablishment Project (Project), City of Kent (City),Kng County,Washington. The Project requires a permit from the United States Army Corps of Engineers (USACE) and is defined as a federal undertaking.As such,compliance with Section 106 of the National Ilistoric Preservation Act(NHPA) is required.The City has contracted with HRA to carry out cultural resources inventory for the Project. The cultural resource inventory in this proposal is designed to meet federal, state, and local regulations including those of the State Environmental Policy Act(SlITA). Project Approach The Project consists of removing accumulated sediment from the creek to reestablish its original elevation, which will increase capacity and improve fish habitat. The project will also include construction of sediment collection ponds and wetland mitigation for impacts made during construction. In order to reduce flooding in the project vicinity and especially at the Mill Creek/James St" Kennebeck Ave. N,and 76`t' Ave. S. crossings, the City of Kent proposes to remove between 1,700 and 3,000 cubic yards of accumulated sediment from the stream channel in downtown Kent. Bank stability structures are also proposed along the northern reach of the project area (along Kennebeck Ave. N where the road asphalt is currently sloughing into the creek). The Project will restore the channel to its previous width and depth (determined from adjacent culvert invert elevations) and provide un[rnpcded stream flow in this very narrow corridor. Bank stability structures will be constructed of logs and anchored with pilings and duck-bill anchors and will provide improved fish habitat in this reach. Post-project bankside planting will occur where feasible. u u All of the ,vork will be completed in Mill Creek within the 100-year Flood plain and below the ordinary high water tmnh. A potential wetl✓tnd i, pr wnia throughout roost Woe project area, but Whence of hydcic a a I real not confirmed by sodand dehn ova on.I he potential wetland am will be inrp,ecfed is approxhziatdy t5,000 square feetin size. Recommended Area of Potential Effects (APE) 'f he tecomniended area of potennat effects (1I'F'.) is detined as thacsr locations wherein project activities have be potential to affect cultural resources, Mail, are p-nent. The creek Veinal to be dcared is appcosimatell 4,8 Won (rru) tang."f he areas in the obvitwAy non trade, redirected poi uonc of the channel will not be nrch dcd in this scope According to maps ofW, area there appears to only be about 3A0 Feet(900 tneterl of the cock that ggwan to We not been alerted. fti depth of the project < tfects will range from less Win I Inot (11) to greater Phan 5 ft, corresponding to the depth of the >edmzent to be recn(a e d Staling area, will be placed in a"buffer area' dtru d adjacenr no the corridor no Farther than M Ft away.The 20 ft buffer is within the U5 1C EN jurisdiction arcing widen 200 R of a wauaway), ltor the purposes of this SOW' file rsetstnrnemkc! APE, in defined as the stream channel corridor in which ground disturbance will take pl ec n as well is a 20 R butter sinno uiclang the r_orridor."I ilia huffer is large enough to account For ground diranthancc related to banksidc replanting. Sedintrnt collection ponds ;end wetland mrngalh, 011 also be within this area. The imiallation of bank stability structures and culverts tray entail deeper excavation. The ling, County Flis a rtc Peeservanon Program cotudders bruldings,stMcPnrce, and objects PS(N) that arc 40 years old car ON as potentially eligible for listing on the Lang County Landmarks Register, However, the proposed work is bclorsagaa nd and i, unlikely to have any direct e>r indirect impacts on the surrounding FOR M.'1 hrmlism,no architectural inventory is rec otnmended. Under this proposal, F-IRA will conduct the following tat Ls followivi;a written notice to proceed from the City: Task 1a. Background and ArchiYa€ Research MA staff%il conduct a records search usurt, she Whinp(nn State• Department of Archaeology and Iii_trsric Preservition's (llAECF`) Washington la inniation System for Archhrt ctural and Archaeological Records Dona (IISAARD) web portal an dcicrrriinc cellar preenou•: stremc v have been conducted in aced near the recommended APIL I In, rescarc h will Qwnfy piodousky recorded archae Monte I and hi mni: was in the project vfeirnty. I IRA staff will conduct additional background re •earth in H R A's cultural resource refcrencc library and other repositories it needed, fadni otion obtained aone these repusitoeics will help to establish the context for potential reSOLircCS i,n be vichata, Cultural Resource Inventory for the Ash Creek Reesrabhohnsent Project, By aP Kent, King County, Washington W orber 30, 2017 2 The results of this do&top studs wilt be used to Wine the fieldwork approach. Ecological and historical information coarerning die formariun, u.;es, and tnodcrn condition of each segment of the recomrncadcd ,A PH At be used to target field work toward areas of higher prohahiliiy for the presence of cultural resources. Task A Reconnaissance inventory If requested, IIR'l sv7I airy own reconnais rncc-Set inventory of the rccournw ded API',a the trine of the background research. This prefindoary site Witwill be used In id(ratify Sect 0 111 of the reconutiended APF1, that are too disturbed for subsurface inzrentory Fhis optional work is in the hudgetat a rate of two r j people for one (I) day plus teaveh This reconnaissance survey n'rtc aSsta it, Broiling the number of subsurface prohes needed during be fieldwork portion of the cuhurat resource inventor),, de;embed in Task$, which could reduce the cost of that task. Task 2e Health and Safety Plan hHucy s SaNy Coordinator will prepare a PxjeC -specific Hcalth mad Safety Plan (EIASP) for I IRA", arch,mologisls to folios,during to teldwork.T Ire I IASP wilt intrude envu�onnruitst hazard, specific to the project location, directions to the nearest medical facility, and inforinahon rrg:rrdiug who to contact in the event of-an emergencq. Task 3. Utility Locates Prior to archaeological fieldwmk, HRA will arrunge for public utility locates CM I novice) to meet the requirements ofNA shington'a Undcrgmund Utilities regtdadons (RC X, I9 1221. This requires obtaining a Woe survey for any kind of excavation orr public and private property that evilt exceed 12 inches in depth, The awa of proposed ens,anon must be marked with white paint as described in RCVV 19.122011 The locate swop, must then be notified by the I IRA at NO rum (2) business days before digging I IRA will provide the public locator (811 service) vieth adequate documentation in thr form of maps and i rest description ro complete Ore sistvep. 'I'he extent of the wcornmendcd APE mill rrecr_ssiOW multiple survey tickets.Adupan time to manage these requests and for c(Dmmuaicariug wah the locate curve)can is included iri Me attached cost s imaw and is based on an assumption that IIR1 may need to mark excavation locations and ricer in tic field to coordinate with the public utility locators (tall jervictn,if requested. Locates will be ordered weekly on a rolling* basis. IIR \ office sift will assiss with ordering locates wee Jy. Cultural Resource Inventory for the Mill Creek Reestablishment Project, City of Kent, King County, Washington October 30, 2017 3 Trask 4. Cu(turo( Resource Inventory F4R 1 will nmducr an archaedoylcal pevdeandart wacnow over the enure 4.b rm long reconrmeniled AN.. Matt of the purport is to eont rn which rows have not been altered. Pedestrian surrey uW CM To he 11 meter (rn) olrxrt tvheec feasible. Nan a o✓c r' tern r ets may be used acc oWnT to rho luct,t,rnwit of die Had supervisor Die archn doyaq, kill oat nut and vWnri- c ali*round exposure; (c y , eapnod trade, ditches, row ups) for wide ncc of srh,ur tare features and%or cultural materials. AIt sute cy AU Iry will he Plotted on A (LS Gcolug&A Sum M v II 1SG7) duadrangle,snap at a scale appropriate to rite size of the sauvev oral or recorded roil",a Global Po itioning Systton ((;I,S) insn'ument. 16c character c 4 the landscape, depth of ground dismrhanrc, and Poiential for Containing art hacoloeic rl dell ssim 011 Wahine subsuriacc tceaini rued ds. Suh,toW v excavations all eou,n I Of 30 eenlimet(lr (ct'n) dianrrler shovcl lac bcs �SPs) R, depth, of I to tollowcd by auger probe exi aysiuon to the t*,teatest depth po sdek crrneralh 15 to 3 in below ground urRn c). till cscrv2Wd sedtmeets vill i be scremicd through 0�5-inch nwsh to idrnu[ an _;mall cultured itemF that mat' be present Due rdentihcanon of any subsuriacc wht¢al materin@ Ri a ;ingte SP Vull result in ihc mcavaunrr of up to ttw addRi oaA SPs iu CMIAHsl rluccrinnrq at 0 ctisW"W of 5 nt to determine re,nurce bo nrdarre5. All SPs will be compleaely backttlled and their inactions wd.. be plotted onto a undo, map and recorded using the UPS instrument HAd cnw will take and record owrwm�' pboiograph:, of rcprmuntailvc sot] lsrohtes m :SPs- 1JR \ archaculo gists will dig, up roa tonal WE SPs and auger probes (approsrtnacly 50 petrel) to chef li fur arch tc olonical materials benrtth One ground s rdk e urns the ruca unended APE. An additional Four (4) radial probes may be needed to hue;t gme the almWan" and integrity of sulr,u fare CUIOMd malarial,if any is found. It i_ anticipated that the n"etdwork= kill take a field director and Rare archaado;giad technicians then- (3) W hour days to loinpicla ]'he probe, %r il] be soaleoically concentrated to ateas of c,rratersenetuvit} (c v, along the ougi,nal, lac cheiniaieed course of NhN (Week, stud away Amur disuarbed arars where little w nr e ry in autt<rpatcd. Placerncnr of SPs and augci Probe °mill be dererrnined by the hok] supervisor and wilt be contjitcni upon the pr( powd Pro Iec t design, utlormiduu from the hackground research,and comittt ass in the field. It archaeohogical materials are found, Hwy will be describcd,illustrated, tool pW)UTmphcd in Or,., field bui not cohlecaed.1 o the extent possible, dress will he kh fe it (I a, to p-pc, nlatcriel, function, and euhund and chotwok e>icA asmviation. AH tns nmu red Icmy wd thrum uc archaeological mamMsIs ;sail be docurnrmA oo DAI IV archawdogwat inventory err and isolate forms, as approprtatc. IhaR archacolo>nd in and is,ottn, know wdl be eub tainad to I) Al-IP for rot ww and aszr"nmcnt of .`srmthsoruau'Crinomola for inclusion with the. Marl Repon deln erablc. Site boundary pcol}jrons:, the tocar"to cif all fcatumtk and ell SP Iocotion„ shall be recorded using(rPS technob-:fig) and on a site L.eteh map Photograph, will be taken to accornpany thu firma and a sketch map still Cultural Resource Inventory for the Mitt Creek ReestaWArrem Project, My of Kent, King County, Washington Wober 30, 2017 4 he prepared shouting tin} tutrON resource p u OMM and the site in rr_lation to the surrounding topography and developrnenty IM mrached cost mum the assumes that no more than one archacokugical site. or isolate will he recordL d he this project. Task 5. Graft and Final Report Preparation Upon conipc(inn of the hcldtz�ork, I JR \ Will notify the City by email of the field results. HRA watt prepare a Cultural Resources Invenrory Rep >rt airnmarizing, the testd(� of the Work that n Veers pro emmonal ,landards for hu mat and content a, cv;presscd in the a;uidelincs prepared by,DAHP. The draft report and all assw5tal deliverable,, will be r ubmincd to rlle City for comrncrnt in electronic format Ili, rgmrt will include: • A dcscriptOal of the project and uppdcahl.e laws and rrguhations, b _1 summary of the results of the background deranac and records research; a 1 h<-methods used during the fieldwork and the results; A description of any cultural rnatc halt found; tl surntnary ucCssrnenr Ofporentit l etfects to idenrifred eulnural resources hated no our knovtdiadg;_ of the resource type, sail conditions, and extent a) what the proposed Project may affect the resoutcc; a Reeotnmcndations for cou>_pfedon Many additinnal eulmrrat resources eon isliance obhg,ations in`uIJTAflII hum the results of our study; A briel inalvLaacnt ditto ery phm ("MIN m he Flowed by City personnel and eiuheontr-actors in the event of an unanticipated discovery of buried cultural materials or human remains during consnvctiort; and 6 ReEeru.mTs cited. T'he report will include such tables,maps, photographs,sand other§J iphics as one na led to depict the fall scnpc of the Study and readm }nouns h,r any recorded resources will Iw included in it confidential appendix to the report Schedule LIRA understands Chat the time frame anted. mes cultural resource, fteldworfc to be donr during or Kim Ducerniver MIT Preliminary .cork, including bmig ntuid m_scarch and preparation of a work ph uu, can conztnence nofHn seven (7) days of notice ro p-mced (N 1 P) and arm pt2ncc of this 41Ohy% and C Fs. f'maU NTP is acceptable Once unlip, locates arc completed and all tic esssary Rights of Entry (ItdOfFs) are obtained, PU can proceed with fieldworl.. Cutturat Resource Inventory for the Milt Creek Reestablishment Project, Card Kent, Rky County, Washington October 30, 2017 5 I be tieldwotls 6 to xpumd to in He (dace in or be Mo.. [Wcern her 2017. f IRA rob! Inovidc the roydred d,HtlrrlCnCn.nnt to at rltdlty,bco Are sioe'en e tro WAS than rNo (2) but no more than 10 bUSL11(osa dams he tow the firs nuldwork &IOr x; I toluin d by 1tM 19.1210 SQ. (AMP ifMKH of du-projcr t rc,ults -and prr paration IT Hie OR& prrrlect rehorr will V courIMA within one weck Mier c Ognplctaon of the Old work. HRr1 will produce a final report whIbtn Hero I)LIATN 9s day, ahr t teae ipt of'comr Hems on the draft report I)clans (n thl, schedule rest mg hum the, actions or tnrctnal of othi-r p rni's cannot he }IIL'V's reaponsihih(t, Cast ProposM HEApropo,rstoconduct_thepinqurearthedyweachyrluleforaco,( of`1JH3 n, ggm ,,I ,ma time and mart redJ I ai tote atttaclrrd spreadwhe,ly Ilk hgWe Worrnes Und: • The City of f,-enr wall ohtanr aH R(A is ,umI provide I IRA r,n h uir c-s,,eii Ley, or Permissions to access dw rcummmendcd ARE, • Railroad safety NANO;;anal, nee,.l to he completed a, error areas near radro d tnc& • \I,, nA ,r than 41 SIN will Iw c xcavatrd This nurarbrr n0whon radial SPh toed to drfine d're: Knauhrm of auq archaeological matte trail- found, • No mom than one archrn:oios icatl site or isolate vatll Inc idemttit(I and recorded, • Scdini n( t offection ponds and wcdaird Nuagadonarms are whfuu dw tomoni funded APE, • The r ° D1 QU be (he kn,l fc dcral ayt rrcy for the, uuderrahng In allw inmoH vah the (in, the v ulll carry (to crnsulration wuh Native `srnencan l ruses and May OUT ininnotuct paetics. • 'felc cnuFi rc ncr vrrh the C,rtr, t tibia, and agcnc tes va ll nor tom ed r,au hours over the term Of die projecr. • AU draft and Email uports wall In subnwted i:lcc.lt,arunlly. No hard copy, s mill be ju-noed_ • Ahis scopy of weak drw, not inchotIc preparation of f:nvi untim ntal Impact Statentra (! is) docunwnr sections or aura mcnt dor_tnn, nm (e,g, h1en'ioranda of Qc a mv). • If the pnocet lasts fn pond December 31, 200, the remnimeg, budget will IN rer,isAl to reflect I IRA's ai mial chant' , in rat(o, Cultural Resourc rr Inventory for Me Mill src r k R,eestabAltanent Project, Cary of Kent, King Cauoty, Washington Wobpr 10, 2017 6 'o m ul Y 4p M s. t� 8 Y Epp b N O O N N N yb{ N N E F N N A N H K 2 � u __ '_.--.n m mp LL q N N N P m M Q m x � O V R C N N m N v1 j T F N M F N N N Y � CV L � Q V N N N V1 U U K E .- a Aa N m pp, O U d E W u ff (QJ a F- N Y g C LL F A � d P C m [O �p ✓� � O N Y O C K o Q = y � c � LL V - f 76 C S'i Y 1 A p Cy y N m 4 G _ ...._..._. _ jG VM p Q 1 N 4i N ' � N M n H N S� w N yi O � i K y u Ilf M1 O N 9� O W n� M SN M1I O I �yj �Vy $A ry 4 �"1 N 6 ryry O 4M1 N Yl3 N V'. Cn N N ✓� vNi u{ � O � N N IVl N iF ~ N lIY yW 9 'yW y� LL .Y o a ay 15 F- `o .� 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. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilit insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance Is to be placed with insurers with a current A.M, Best rating of not less than ANII. 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 Consultant before commencement of the work, F, Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. HRAHIST-01 M1�r 1210512017 DATE(NiCERTIFICATE OF LIABILITY INSURANCE 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 'IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 'iEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. WPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. f 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 r8 IS to the certificate holder in lieu of such endorsement s -DoucER N2MFACT Candice Hyer I ssoula Office PHONE _ fFAX F neWest Insurance,Inc. a3ric Na,£atp. -. IINay . Box4386 X,,1 Ak,,,,chydr paynewest.Ccm _ II-3soula,MT 59808 INRURERISI AFFORDING COVERAGE -Nmt`n INSIMER A Charter Oak Fire Insurance Co 25615 ...... .... ... ....... ................... ., ..._..-_... ..-..-_.._ m..:, __ .-.. m-:.::, . .. ..... ----- RISURED INSURFR R Travelers Indemnitv Comoanv of Connecticut 25982 HRA Historical Research Associates INSURFR r The Travelers Indemnity Comoanv 25958 P.O.Box 7086 INSURER D Missoula,MT 59807 INSURER F INSURER F _G OVERAGE'S........ ...__.._.... ....CERTIFI_CATE NUMBER: .............._.__ ......_..._._ REVISNON 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, rR. ,... .... .. --ADDI SURR ._� .... POLICY EFF POLICY EXP --. TYPE OF INSURANCE n POLICY NUMBER LIMITS A i — - -_iIn _.........._...-_ ... . w X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S 1,000,000 t X MEDEXPRl .,P.nvfsenl —G 1,OO 5,000 a CLAIMS MADE X OCCUR 680SC5603281742 0110112017 01/01/2018 PANIScr Lai c a.NuuunMauv) - ADV WJURY g ENI fcr,Are EC0 APPu_E�`Loc PRpDycT�QQReQnTE $ 2000,000 X I POLICY f Ppo 2,000,000 JECT 5,,,,,GQMPIQP AGG -$ OTHER S COMBINED SINGLE LIMIT 1,000,000 -° AUTOMOBILE LIABILITY aA mw:.1nuall-.-., :.,,.$ ANY AUTO BA3635W36517SEL 01101/2017 01101/2018 RODIIY IN IURY(Per porsMn g _ OWNED 9EHIUULE❑ lII• X AULOSONLY AU fO ROnd Y INJI IRY(Per d n11 S e IIRRE 1 py pyF P�tDPFft1Y AUT09 ONLY X 1 AN?% T? I aceMon _ A ..g X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000000 EXCESS LIAB 1 GLAIMSMADE CUP703W52581642 0110112017 0110112018 AGGREGATE 5,000000 DED I X.�RETENTIONS WORKERS COMPENSATION CTATIITF. f FHII AND EMPLOYERS'LIABILITY -- ANY PRO PRIETOR/PARTN ERIEXEC UTI JE YIW NIA EL EACHACCWENf QQFr'ICE,r{IJIV BEF EXCLUDED'! (Mandatwy n NH) F OISFASF-EA EMPLOYER' $ If yes desenhe under <F nFSPRIPTIpN QF QPFRATIQ.NS hen% ___ FI TISFgSE-POIICYIIMIT _ .._- -- i ASCRIPTION OF OPERATIONS I(LOCATIONS P VEHICLES fACORD 101,Additional Remarks Se Radule,may ha attached If MOM apace Is 1lradl) "10113 Washington Employers Overhead Lialbility-$1,000,000 Each Accident,91,000,000 Disease per Employee,51,000,000 Disease Policy Limit >.liditional insured per form CGD105(attached) ERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Kent,Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 0 ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 .._.........._._ — _- n,_.__.........—. AAUUrTAH' IV O,RRUJEE/O/REPRREE�SENNTAAVTIVE lam'^V""" - V r ......................__I ------. ......-...... �..,...... ..,...... ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERS One Tower Square, Hartford, Connecticut 06183 COMMON POLICY DECLARATIONS POLICY NO.: 680-5C560328-17-42 OFFICE PAC ISSUE DATE: 11/21/2016 BUSINESS:LAWYERS INSURING COMPANY: THE CHARTER OAK FIRE INSURANCE COMPANY 1. NAMED INSURED AND MAILING ADDRESS: HISTORICAL RESEARCH ASSOCIATES INC. P.O. BOX 7086 MISSOULA MT 59607-7086 2. POLICY PERIOD; From 01/01/2017 to 01/01/2018 12:01 A.M. Standard Time at your mailing address. 3. DESCRIPTION OF PREMISES: PREM. LOC, BLDG. ADDRESS NO. NO. OCCUPANCY (same as Mailing Address unless specified otherwise) SEE IL TO 20 02 05 4. COVERAGE PARTS AND SUPPLEMENTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COVERAGE PARTS and SUPPLEMENTS INSURING COMPANY Businessowners Coverage Part COF Commercial Inland Marine Coverage Part COF 5. The COMPLETE POLICY consists of this declarations and all other declarations, and the forms and endorse - ments for which symbol numbers are attached on a separate listing. 6. SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing its complete provisions. POLICY POLICY NUMBER INSURING COMPANY DIRECT BILL 7. PREMIUM SUMMARY: Provisional Premium $ Due at Inception $ Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY: PAYNEWEST INS-MISSOULA C0182 Po BOX 4386 Authorized Representative MISSOULA MT 59806-4386 IL TO 19 02 05 (Pagel of 0l) DATE: 11/21/2016 Office: SEATTLE WA DOWN l POLICY NUMBER: 680-SC560328-17-42 EFFECTIVE DATE: 01/01/2017 ISSUE DATE: 11/21/2016 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS IL TO 19 02 05 COMMON POLICY DECLARATIONS IL TO 25 08 01 RENEWAL CERTIFICATE MP TO 01 02 05 BUSINESSOWNERS COVERAGE PART DECLARATIONS IL T8 01 01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 16 05 12 COMMON POLICY CONDITIONS - WASHINGTON TL TO 20 02 05 ADDITIONAL LOCATIONS BUSINESSOWNERS MP TO 25 02 05 SPECIAL PROVISIONS - LOSS PAYEE CP 12 18 06 95 LOSS PAYABLE PROVISIONS CP T9 62 07 11 LOSS PAYABLE PROVISIONS-WA MP T1 30 02 05 TABLE OF CONTENTS - BUSINESSOWNERS COVERAGE PART - DELUXE PLAN MP T1 02 02 05 BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM MP T1 05 02 05 AMENDATORY PROVISIONS - OFFICES MP T3 07 03 97 PROTECTIVE SAFEGUARDS ENDORSEMENT FOR SPRINKLERED LOCATIONS AN➢ RESTAURANTS MP T3 25 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE MP T3 34 02 05 ELECTRONIC ➢ATA PROCESSING - INCREASED LIMIT MP T3 50 11 06 EQUIPMENT BREAKDOWN - SERVICE INTERRUPTION LIMITATION MP T3 56 02 08 AMENDATORY PROVISIONS - GREEN BUILDING AND BUSINESS PERSONAL PROP COV ENHANCEMENTS CP 01 60 12 98 WASHINGTON CHANGES - DOMESTIC ABUSE MP T4 31 07 16 WASHINGTON CHANGES CP T4 38 05 42 LENDERS' LOSS PAYABLE ENDORSEMENT COMMERCIAL GENERAL LIABILITY CG TO 34 11 03 TABLE OF CONTENTS - COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 10 01 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION CG D2 69 11 03 ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS CG D3 09 11 03 AMENDATORY ENDR- PRODUCTS-COMPLETED OPERATIONS HAZARD CG D4 71 01 15 AMENDMENT OF COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY GN 01 13 11 03 EMPLOYERS OVERHEAD LIABILITY CG DO 37 04 05 OTHER INSURANCE - ADDITIONAL INSUREDS CG D1 05 04 94 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS CG D1 86 11 03 XTEND ENDORSEMENT CG D2 03 12 97 AMEND - NON CUMULATION OF EACH OCC IL T8 01 01 01 PAGE: 1 OF 3 POLICY NUMBER: 680-5C560328-17-42 EFFECTIVE DATE: 01/01/2017 ISSUE DATE;. 11/21/2016 COMMERCIAL GENERAL LIABILITY (CONTINUED) CG T8 01 Ol 17 GENERAL PURPOSE ENDORSEMENT CG D4 13 04 08 AMEND COVG - POLLUTION-EQUIP EXCEPTION CG D2 56 11 03 AMENDMENT OF COVERAGE - PROPERTY DAMAGE CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 05 14 MOBILE EQUIPMENT REDEFINED - EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS CG D4 21 07 08 AMEND CONTRAL LIAR EXCL - EXC TO NAMED INS CG D6 18 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS CG D7 46 01 15 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION CG D1 42 01 99 EXCLUSION - DISCRIMINATION CG D3 37 02 05 PROFESSIONAL SERVICES EXCLUSION - LEGAL SERVICES CG F2 45 07 02 EXCLUSION - WAR - WASHINGTON CG T4 78 02 90 EXCLUSION - ASBESTOS CG 26 61 10 01 MONTANA CHANGES - MEDICAL PAYMENTS CG F2 66 11 03 WASHINGTON CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION CG F4 66 01 08 WASHINGTON CHANGES - WHO IS AN INSURED MULTIPLE SUBLINE ENDORSEMENTS CG T3 33 11 03 LIMITATION WHEN TWO OR MORE POLICIES APPLY COMMERCIAL INLAND MARINE CM TO 07 Cl 88 PROPERTY FLOATER COVERAGE - DECLARATIONS CM TO 11 OS 05 COMMERCIAL INLAND MARINE COVERAGE PART - TABLE OF CONTENTS CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS CM Tl 12 02 89 PROPERTY FLOATER COVERAGE - SPECIAL FORM CM T3 98 01 1S FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE CM T9 39 06 12 WASHINGTON CHANGES - VOLCANIC ACTION AND REPLACEMENT COST .,, CM U1 00 06 14 WASHINGTON CHANGES INTERLINE ENDORSEMENTS IL T4 00 12 09 DESIGNATED ENTITY - NOTICE OF CANCELTaATIQN OR NONRENEWAL PROVIDED BY US IL T4 12 03 15 AMENT COMMON POLICY COND-PROHIBITED COVG IL T4 14 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM IL T3 62 05 13 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA IL 01 23 11 13- WASHINGTON CHANGES - DEFENSE COSTS IL 01 29 12 16 MONTANA CHANGES - MORTGAGEHOLDERS IL 01 39 12 02 OREGON CHANGES IL 01 42 09 08 OREGON CHANGES - DOMESTIC PARTNERSHIP IL T6 0101 01 PAGE: 2 OF 3 POLICY NUMBER: 680-5CS60328-17-42 EFFECTIVE DATE: 01/01/2017 ISSUE DATE; 11/21/2016 INTERLINE ENDORSEMENTS (CONTINUED) IL 01 57 07 02 WASHINGTON CHANGES - ACTUAL CASH VALUE IL 01 67 10 13 MONTANA CHANGES - CONFORMITY WITH STATUTES IL 01 73 07 02 WASHINGTON CHANGES - EXCLUDED CAUSES OF LOSS IL 01 80 09 07 MONTANA CHANGES - CONCEALMENT, MISREPRESENTATION OR FRAUD IL 01 98 09 06 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) IL T8 0101 01 PAGE: 3 OF 3 COMMERCIAL GENERAL LIABILITY t. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- t. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance — The following limits of cluding: liability apply: 1. The preparing, approving or failing to 1. The limits which you agreed to provide, prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-5C560328-16-42 ISSUE DATE: 11/23/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS OVERHEAD LIABILITY This modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE LIST OF STATES WA LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT 1,000, 000 EACH ACCIDENT BODILY INJURY BY DISEASE 1,000, 000 AGGREGATE BODILY INJURY BY DISEASE 1,000, 000 EACH EMPLOYEE None of the terms of the Coverage Part to which this ployment. The "employee's" last day of last endorsement is attached apply to the insurance exposure to the conditions causing or aggra- provided by this endorsement, except for the COM- vating such "bodily injury" by disease must MON POLICY CONDITIONS and Section IV — COI occur during the endorsement period. MERCIAL. GENERAL LIABILITY CONDITIONS. f. If you are sued, the original "suit" and any re- SECTION I—COVERAGE lated legal actions for damages for "bodily in- 1. Insuring Agreement jury" by accident or disease must be brought In the United States of America, its territories This insurance applies to "bodily injury" by acci- or possessions, or Canada. dent or "bodily injury" by disease to your "em- ployees". "Bodily injury" includes resulting death. 2. We Will Pay a. The "bodily injury" must arise out of and In the We will pay all sums you legally must pay as course of the injured "employee's" employ- damages because of "bodily injury" to your "em- ment by you ployees", provided the "bodily injury" is covered by this insurance. No other obligation or liability to b. The employment must be necessary or inci- pay sums or perform acts or services is covered dental to your work in the state(s) listed in the unless explicitly provided for under paragraph S. Schedule above. Supplementary Payments of this COVERAGE C. You must maintain for the "employee" full Section. Workers Compensation Insurance coverage The damages we will pay, where recovery is in the Workers Compensation State Fund of permitted by law, include damages: the state(s) listed in the Schedule above dur- ing the term of this insurance or shall be a a. for which you are liable to a third party by qualified self insurer approved by the State reason of a claim or "suit" against you by that Workers Compensation Commission and in third party to recover the damages claimed good standing. against such third party as a result of injury to d. "Bodily injury" by accident must occur during your "employee" the endorsement period. b. for care and loss of services: and e. "Bodily injury" by disease must be caused or c- for consequential "bodily injury" to a spouse, aggravated by the conditions of your em- child, parent, brother or sister of the injured "employee GIN 01 13 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 4 COMMERCIAL GENERAL LIABILITY provided that these damages are the direct can- f. Any damages for "bodily injury" with respect sequence of "bodily injury" that arises out of and to which the insured is deprived of any de- in the course of the injured "employee's" employ- fense or defenses; ment by you; and g. "Bodily Injury" occurring outside the United d. because of "bodily injury" to your "employee" States of America, its territories or posses- that arises out of and in the course of em- sions, and Canada. This exclusion does not ployment, claimed against you in a capacity apply to "bodily injury" to a citizen or resident other than as an employer. of the United States of America or Canada 3, We Will Defend who is temporarily outside these countries; We have the right and duty to defend you, at our h. Damages arising out of coercion, criticism, expense, against any claim, proceeding or "suit" demotion, evaluation, reassignment, disci- seeking damages payable by this insurance. We pline, defamation, harassment, humiliation, have the right to investigate any "bodily injury" discrimination against or termination of any and settle these claims, proceedings and "suits". "employee", or any personnel practices, pod- The amount we will pay for damages is limited as cies, acts or omissions: described in LIMITS OE INSURANCE (Section i. "Bodily injury" to any person in work subject Ill. to the Longshore and Harbor Workers' Com- We have no duty to defend you against a claim, pensation Act (33 USC Sections 901-950). proceeding or "suit" that is not covered by this in- the Nonappropriated Fund Instrumentalities surance, We have no duty to defend or continue Act (5 USC Sections 8171-8173), the Outer defending you after we have paid our applicable Continental Shelf Lands Act (43 USC Sec- def of liability under this insurance. tions 1331-1356), the Defense Base Act (42 USC Sections 1651-1654), the Federal Coal 4. Exclusions Mine Health and Safety Act of 1969 (30 USC This insurance does not apply te: Sections 901-942), any other federal workers a. Liability assumed under a contract or agree- or workmen's compensation law or other fed- ment. This exclusion does not apply to a war- eral occupational disease law, or any ranty that your work will be done in a work- amendments to these laws: manlike manner; j. "Bodily injury" to any person in work subject b. Punitive or exemplary damages because of to the Federal Employers' Liability Act (45 "bodily injury" to an "employee" employed in USC Sections 51-60), any other federal laws obligating an employer to pay damages to an violation of law; "employee" due to "bodily injury" arising out c. "Bodily injury" to an "employee" while em- of or in the course of employment, or any ployed in violation of law with your actual amendments to those laws; knowledge or the actual knowledge of any of your partners (if you are a partnership), your k, "Bodily injury" to a master or member of the "executive officers" (if you are an organization crew of any vessel: other than a partnership, joint venture or lim- I. Fines or penalties Imposed for violation of ited liability company), your members or federal or state law; managers (if you are a joint venture or limited m. Damages payable under the Migrant and liability company) or your trustees (if you are Seasonal Agricultural Worker Protection Act a trust); (29 USC Sections 1801-1872) and tinder any d. Any obligation imposed by a Workers Com- other federal law awarding damages for viola- pensation, occupational disease, unemploy- tion of those laws or regulations issued there- ment compensation, or disability benefits law, under, and any amendments to those laws. or any similar law, 5. Supplementary Payments e. "Bodily injury" intentionally caused or aggra- We will pay with respect to any claim we investi- vated by you; gate or settle, or any "suit" against an insured we defend: Page 2 of 4 Copyright, The Travelers Indemnity Company, 2003 GIN 01 13 11 03 COMMERCIAL GENERAL LIABILITY a. Reasonable expenses incurred at our re- b. Coverage does not apply to "bodily injury" quest, but not loss of earnings; that occurred before you acquired or formed b. Premiums for bonds to release attachments the organization. and for appeal bands in bond amounts up to No person or organization is an insured with the limit of our liability under this insurance, respect to the conduct of any current or past part- c, Litigation casts taxed against you; nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- d. Interest on a judgment as required by law un- larations of the Coverage Part to which this en- til we offer the amo0nt due under this Insur- dorsement is attached. ante; and SECTION III —LIMITS OF INSURANCE e. Expenses we incur. These payments will not reduce the Limits of �' above eatld of Insurance shown In the schedule Insurance. above and 611e following rules �Ix the most we will pay regardless Of the number of: SECTION II —WHO IS AN INSURED a. Insureds; 1. If you are designated in the Declarations of the b. Claims made or"suits" brought; or Coverage Part to which this endorsement is at- - - tached as: c. Persons or organizations making claims or a. An individual, youandyour spouse ate Yftsur- bungin.gsuits eds, but only with respect to tile toaduQ of 4 2, The Bodily Injury by Accident — Each Accident business of which you are the We owner, f!n`,it Is the most we will pay for all damages be- couse of "bodily lrfli to one or more "employ- b. A partnership or joint venture, you ate an in- ees" In any one accident A disease is not "bodily cured. Your rnembers, your partners, and ,bodily y ac id accidents it fpaults directly from their spouses are. �algo insureds, but Onlywith respect to the conduct of your business. 3. The Bo¢f4y Injury by please— Aggregate limit is c. A limited liability company, you are an in- die most we will pay for all damages because of sured. Your rnombers are also insureds, biI 'hodly, injlgry" by'dioase, regardless of the num- only with respect to the conduct. i=of yovr bl ber of Nernployees',' who siustaftti "bodily injury„ by ness. Your managers are Insureds, hl+t'only disease; with respect to their duties as your managers. 4. The Bodily Injury 6y Disease — Each Employee d. An organization other than a partnership or limit is the most we will pay for all damages be- joint venture or limited liability company, you cause of "bodily injury" by disease to any one are an insured. Your "executive officers" and "employee", subject to 3. above. directors are insureds, but only with respect to their duties as your officers or directors. Under parts 3. and 4. above, "bodily injury" by dis- Your stockholders are also insureds, but only ease does not include disease that results directly with respect to their liability as stockholders. from "bodily injury" by accident. e. A trust, you are an insured. Your trustees are The limits of this insurance apply separately to each also Insureds, but only with respect to their consecutive annual period and to any remaining duties as trustees. period of less than 12 months, starting with the begin- ning of the endorsement period, unless the endorse- 2. Any organization you nearly acquire or form, other merit period is extended after issuance for an addi- than a partnership, joint venture or limited liability tional period of less than 12 months. In that case, the company, and over which you maintain ownership additional period will be deemed part of the last or majority interest, will qualify as a Named In- preceding period for purposes of determining the sured if there is no other similar insurance avail- Limits of Insurance. able to that organization. However: SECTION IV—DEFINITIONS a. Coverage under this provision is afforded only until the 90th day after you acquire or form the 1. "Bodily Injury" means bodily injury, sickness or organization, or the end of the endorse- disease sustained by a person, including death merit period, whichever is earlier; resulting from any of these at any time. GN 01 13 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 4 COMMERCIAL GENERAL LIABILITY 2, "Employee" includes a "leased worker". "Em- a. An arbitration proceeding in which such dam- ployee" does not Include a "temporary worker". ages are claimed and to which you must 3. "Executive officer" means a person holding any of submit or do submit with our consent; or the officer positions created by your charter,con- b. Any other alternative dispute resolution pro- stitution, by-laws or any ether similar governing ceeding in which such damages are claimed document. and to which you submit with our consent. 4. "Leased worker" means a person leased to you 6. "Temporary worker" means a person who is by a labor leasing firm under an agreement be- furnished to you to substitute for a permanent tween you and the labor leasing firm, to perform "employee" on leave or to meet seasonal or short- duties related to the conduct of your business. term workload conditions. Leased worker" does not include a "temporary worker'' 7. "Workers Compensation Laws" means the work- ers or workmen's compensation law and occupa- 5. "Suit" means a civilproceeding in which damages tional disease law of each slate or territory. It in- because of "bodily injury" to which this insurance dudes any amendments to that law which are in applies are alleged, "Suit" includes, effect during the endorsement period. It does not include the provisions of any law that provides non-occupational disability benefits. Page 4 of 4 Copyright, The Travelers Indemnity Company, 2003 GIN 01 13 11 03 POLICY NUMBER: 680-5C560328-16-42 ISSUE DATE: C1/11/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATIONINONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30C PERSON OR ORGANIZATION: CITY OF KENT ADDRESS: 220 FOURTH AVENUE SOUTH RENT WA 98032 PROVISIONS: A. It we cancel this policy for any statutorily permit- 13, If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason. and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be scheduleabove before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 B 2009 The Travelers Indemnity Campany Page 1 of 1