HomeMy WebLinkAboutPW18-009 - Original - Shannon & Wilson, Inc. - Contract - 01/04/2018 E T N
�� � Document
/!/r
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: Shannon & Wilson Inc.
Vendor Number:
JD Edwards Number
Contract Number: PW (9 V664,
This is assigned by City Clerk's Office
Project Name: 132"d Ave Pedestrian Improvements (24oth - 248tn)
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Termination Date: 12/31/18
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Drew Holcomb Department: Public Works Desiqn
Contract Amount: 59.410
Approval Authority: ® Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Wetland delineation services for the 132"d Ave Pedestrian Improvements (240th - 248m)
Project.
As of: 08/27/14
1 T
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Shannon & Wilson, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington,
located and doing business at 400 N 34`h Street, Suite 100, PO Box 300303 Seattle, WA 98103-8636
Contact: Katie Walter, Phone: (206) 632-8020 (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 additional wetland delineation services for Parcel No.
2122059021 for the 132nd Ave. Pedestrian Improvements (240t° - 248`") Project. For a
description see the Consultant's scope of work which is attached as Exhibit A in incorporated
by the 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
Nine Thousand Four Hundred and Ten Dollars ($9,410.00), 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)
1 X
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)
u
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER IN_D_USTRIAL
INSURANCE,F, 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. Nan-W G er 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. ResolutiQn-gL Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
n a
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; proOded, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Cam lip ance with Lamm- The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
K. Couinterrts crud 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 shalt 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: 2 - at
. ) Print Name: Timothy J. La
Print Name
(st�ratur�
by J. LaPorte, P.E.
Its: zftziai� Its: Public Works Director
DATE:.—�' r le) C_ DATE:,_.... -
-
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Katie Walter Timothy J. LaPorte, P.E.
Shannon & Wilson City of Kent
400 N 34" St, Suite 100 220 Fourth Avenue South
PO Box 300303 Kent, WA 98032
Seattle, WA 98103-8636
(253) 856-5500 (telephone)
(206) 632-8020 (telephone) (253) 856-6500 (facsimile)
(206) 695-6777 (facsimile)
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. 1 have read the attached City of Kent administrative policy number 1.2.
2, During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, [I.agr�ee to fulfill the five requirements referenced above.
By -
For: dAGf�a1i11� rt �il�ll
Title. '
Date:
. ...................
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the ____ (date) between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By _ _...
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
SHANNON &WILSON, INC.
G F,0rt;.:OHNICAL AND C NV1H0bIINhN1'AL f;C NSHI.TANTS,
November 17, 2017
Mr. Drew Iloleomb
City of Kent
Public. Works Department
400 West Gowe Street
Kent WA 98032
RE: WETLAND D1;I,INE'ATION ON RIGHT-OF-WAY ADJACENT TO PARCEL
NO, 2122059021 IN TI IF, CITY OF KENT, WASHINGTON
Deat'Mr. Holcomb:
Shannon &Wilson, Iac. is pleased to submit this scope of services to conduct additional wetland
delineation within the right-of-way (ROW) adjacent to King County Parcel No. 21220590"1 in the
City of Kent(City). The project includes constructing a continuous pedestrian facility along the
west side of 132"' Avenue SE ttom SE 240'I' Street to the southern City limits (Sp. 282" Street).
BACKGROUND
It is our understanding that the City proposes to construct a continuous pedestrian facility On the
westside of 132"a Avenue SE. This phase will include constructing missing sections of sidewalk
between SF 240"' Street to SF 2481h Street. in general, that incl udcs constructing the sidewalk at
the "back" (west edge) of the ROW, leaving the existing drainage ditch in place, In 2009,
Altmann Oliver Associates LLC. inventoried a wetland on the parcel referenced above. In
addition, Shannon& Wilson, Inc. completed a wetland delineation for the first phase of 132od
Pedestrian Improvement project along 132"`I Avenue in December 2016.
SCOPE OF SERVICES
Our scope of services for this project will consist of performing the following tasks:
Conduct a background review of information relating to the site. This will include a
review of the King County Soil Survey, U.S. Fish and Wildlife National Wetlands
Inventory maps, the City critical areas maps, Washington State Department of Fish and
Wildlife SalmonScape mapping system, and other relevant background information.
400 NORTH 34TH STREET.SUITE 100
P O, BOX 300303
SEA TLLE,WASI IINGTON 98103-8636
206-632 6020 FAX; 206-695-6771
wvnm.shannommnon corn 2J-2-63013-001
n
Mr. Drew Holcomb SFMNON MVI SON,INC.
City of Kent
November 17, 2017
Page 2 of 3
• Delineate wetland boundaries using the methodology outlined in the Washington State
Department of hcology's ('Ecology's) 1997 Washington State Wetland Idetrtilication and
Delineation Manual, United States Army Corps of Engineers 1987 Wetland Delineation
Manual, and the Regional Supplement to the Corps of Engineers Wetland Delineation
Manual. Western Mountains,Valleys, and Coast Region Version 2.0 (May 2010). We
anticipate delineation within the. ROW adjacent to the parcel identified above. It is
assumed that property access will be obtained on our behalf as necessary.
• Additionally, we will approximate wetland boundaries located within 200 feet of the west
silo ROW boundary to determine the extent of off-site wetlands and huffers that may
impact development on site, in accordance with City requirements.
• Rate wetland(assume only one wetland will be rated) identified on site or within 200 feet
of the site using the Ecology's Washington State Wetland Rating System for Western
Washington, in accordance with City requirements, to determine the standard buffer
widths as defined within the Kent City Code.
• Complete a wetland delineation report describing our findings for your use and tiles. This
report will include a regulatory review of the wetlands, streaurrs, and potential wildlife and
habitats present on the site as it pertains to potential site development.
• We understand that the property will need to be surveyed for design. We will coordinate
our field visit with the City surveyor so the wetland boundary flags can be picked up by
your survey crew. We will require an electronic copy of the survey in order to prcpare
our wetland delineation report.
m Once we have the boundary survey and project design we can estimate the proposed
project wetland impacts. We have included some time to identity wetland impacts in on
the identified parcels, We assume that the City will provide the proposed project
footprint to be able to identify the impacts.
SCHEDULE
Shannon& Wilson, inc, can begin the wetand delineation fieldwork within two weeks of
receiving notice to proceed. 'The wetland delineation report can be completed within two weeks
after receiving an electronic copy of the survey.
COST ESTIMATE
Our cost estimate for the above services is $9,410 (see enclosed cost estimate),
21- 61oi ON 1A —1,v 1k,, 21 2-63013-00 t
Mr. Drew Holcemb SHANNON MLSON,INC.
City of Kent
November 17,2017
Page 3 of 3
Permitting for potential site development is not included in this scope of services. In the event
that additional services are necessary, due to changes in your request or other unforeseen
circumstances, we will notify you immediately and obtain your authorization for the additional
services and costs.
CLOSURE
Shannon& Wilson, hic. has prepared the enclosed, "Important Information About Your Wetland
Delineation/Mitigation and/or Stream Classification Proposal." Although this document was not
written specifically for the subject property, it should he useful in assisting you and others in
understanding the use and limitations of our reports.
We understand that the City will modify our existing oontract for these services, which when
approved, will serve as our notice to proceed. This proposal is valid fora period of 60 days from
the date of issue.
We are pleased to have this opportunity to assist you with this project, If you have any
questions,please contact me at (206) 695-6738.
Sincerely,
SHANNON & WILSON,INC.
Katie L. Walter, PWS
Vice President, Natural Resources Manager
KLW/klw
Enc: Cost Estimate
Important Information About Your Wetland Delineation/Mitigation and/or Stream
Classification Proposal
2 i-a-o3o r root-I 2 1-2-63 0 13-0 0 i
SHANNON &WILSON, INC.
COST ESTIMATE
Proposal No.: 2 1-2-63013-00 1
Project: 132nd St Sidewalk
Client City of KentBy: KLW 11/I7/2017
Rate waulity SW119tt tin total
Background Review and Wetland Delineation
Vice Pre.siderit $245 /hr I Iv $245
Senior Biologist111 $150 /hr 8hrs $1,200
Biologist VI $110 /hr 6 Irr, $660
Mileage $0.57 mi 70 miles $40
$2,145
Welland Caleg;orivation and Report
.......... ...... _ .... ...._.m,. —_.------..._ . _. ....._.__ m... . .. ..-..___.. ,_.
Vice President $245 /hr 3 hrs $735
Senior Biologist111 $150 Au 20 hrs $3,000
Drafting $110 /Fu' 8 hrs $880
Clerical $100 IV 21us $200
Copies,Mail,Computer $50 lea 2 $100
$4,915
Cmpact Assessment and Permit Assessment
Vice President $2,15 /h1 2 hrs $490
Senior Biologist111 $150 /In 8hrs $1,200
Drafting $110 du 6 hrs $660
Clerical 1:100 /hr 0 hr $0
$2,350
21-2-63013-00I-LILb.9P-revhvp/Ikn 21-2-63013-001
SHANNON WILSON, INC. Au n a� rnclmoandpmmoPProp aai > ul z eau 001
Geotechnical and Environmental Consultants
Duty Noeenber D,2a 17
'To. Mr.Drew Holcomb
C,Ity of Keot _.._.. -
IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION
AND/OR STREAM CLASSIFICATION PROPOSAL
Von ogpite pIIrcha5rng a dirvclopflIeIII alto idar 1500,000 on[y Va I cart I later dloovg coInsnl let i0F1 Ihat to ovetladad Ira^ he-l�rr (I isuu vca rsd,or tkiI
tdinnl,agc tlroaaugh dle sic,has bemn e Plssafied as r sireenl," cvRaich results in u me@ynr ra ere,Igpa ofyatur inojeul You are le,,ally srbbgaaled
to nblain the roalif ed porrmnne before, wank nanny orrnfinue, fires unanticipated cot(of oielay atod cotlhl he$5 1n141iean or IriotC
I'.lec risks me real. Thom is nn avay nll"CIfu'dn able, morn, bdu illey can be managed by relying nn a qualified wetland and/or stream
consul ain to perform your aAC evaluation"
THE COST OF NOTADDRESSING WE CONDITIONS ON A SITE CAN BE IMMENSE.
Rely On a qualified frrrn, Since delays are udrerent in the regulatory process associated with wetlands dedRnca lour and latitigation, and
strcaun elaasslfoe«r ion, dcVt.Wrapers must integrate their armalyse:a into the early phouring process. Many dewe 11,rl>e,r.S make the scrims
nusrakc cap assonong th rt only state and, in particular; local rcwoe%vo and approv tfs ale icapoired. They add, nugmiale,exclusn�ely oxolt
state and local agencies on project design and planning applor alv for sue h activities at griclirt,, 'e0loumle tion Coulrrd, and storaFrwoldu
mauagmnenr There arc federal, state, and local regulations and ordinances that may apply to projects affecting wetlands and.streams.
Shortsighted developers may"discover"wetlands/streams on their sites late in the planning process of erthey have catered into conk acts
for lot delivery dates and have scoured financing contingent on complelurhn dcadlines. Develop tes then Icam tlldt in the permit process,
many local goveu murals may withhold final plan<apphovall until they icon rec eopaich;of ferdcraal and stth^approvals, or a statement from
the appropri alc ap«aeir,, that such approvals are not rartpuileod. Federal review at this 4the stage often results in extensive projectredcsign
to avoid the Impacts of yve(lends and streams, 'i he attendant delay;;usually affect a }bier{jecCs economic viability.
ft is Cb'aerilial us uKxk with a eurosullutg Illii1 t'hal Call polo µado it IYnn1 of wollan(I eeralogif Qs d kelp1lineol Fr hydirpIoga°,
I7nrhagy, bvaalel dpuahIy„Soil vlGne, all Carl and ripiruin cost logy And bra;I'wnliq l ioaioaSy I be thin shoo i have;3 working knomd dge,of
this app1ropi tl nt inriko'S tsir cleanly alp trusuns And CIUImdfeapfl}.J`r17nlgathl} Wm.tRatltp'1$, In un4 clatblrinfing of tft& p olDnaltdal„pommel v, arni
ptracliC al e�r,perlencc eataalin r will tiro Toes laltny agencies, '['he ealwnIhdrif Muonpsf Rae„ilk too 01early rnpLun grad earllpCicrlll,y Iramd ,loAi
throug)v they proyc,eg,w.
Although reliance on a coerpestew eorasultant is accessary to manage your risk, it does not ciimBnate your risk The consultant who
pert"brma evaluations gencialtly are cri ag,edto dare,Inine ifa site is affected. Ifdiey txmld see dme Inmscueble, the consultant would know
1714.4l6c ly wlitref IO Itook amid wIAlit I'[athfiYds rto aplply,but co11 iulfadllis am'IRet eIait w)y-aIit. 1;yv,n I',he riKhat np, ro,e:'i Itre der,:aIaortal CNN lalah P)IY
folay pail to kfrrnmfp dl CBTlslmu,eou<dnumis fins prlrnnil r,re errs rink. The risk m yuuu'a t'ae nil hook to yono e emustaltuaard ter as ip le of
Yorn s onsnllant see yes itc l000r Ivan frr,5stean.tl adt If,ul,p ovodin,p,guvdaoce nod epnlioaas ba,cd nor annlywrs Ealpel jadgauvid, women plofcreroeonod
tints in accept your risks in addirion to Choir own„the cost of pa;rElserm'vopl rvrlivatiernawtunlrl Ire praedudritivet.
A FIRM UNCONCERNED ABOUT ITS OWN RISKS CANNOT BE EXPECTED TO CARE ABOU I YOURS,
11 is ay,serJbil Irr wolrk w b1i a comallhim who undefe nods the processes involved„ who usage exfrluin them to you cpeut ly, and who can
cennpaeleratly applyaptprr.reniate naensurea la re we flier un}ssat of to your propout. The measucc, usually are plwsued hr stages, with
e aufh t(ept based on information obcrafncd bona ipae In,.vious.oili.
Wetland defncot'iorrs dotemtnine.the 1swilion,exicat, and hype of wetlands present on a situ, and include an in-office document review
and a field review of the site, The wetland bra€ndai ics are idCntifiec by a teclu ical evaluatiou of on,tle ;mil, vegetmtVon,and hydrologic
conditions" wetland boundary Hags are p laced to m Ir[c fha„led+tlu»mtd'er9jse,and arc usually surveyed to aeetlrate ly dctm avniltr:the laceration
and si+o of the wetlands_ Disturbed and problem area wsehhu ds are more difficult and often take more time to delineate. Distm'bed or
atypical to,doin o are areas that are libeled rcceady or in the past by filling, excavating, clearing, damming, building, avalarwhes,ntnd
M ldes, fires, voleaanic deposition, and heaver aIoiuls, among otheria Problem area wetlands are areas that are difficult to identify because
of envirorvn coral conditions such as soil, vegetation, or hydrologic.conditions.
Page I of 1/3017
Examples of problem area wetlands include wetlands dominated by upland plartt cornmmanocs, wetlands un glacial tilt, seasonally
flooded wetands,seasonally vegetated mud flats, and sandy soil wetlands.
Stream identification and clausificativn also determine the iccation, extent, and type of stream present on it site, breluding an in office
document review and a file review of [lie site. The extent of the stream is identified by a technical evaluation of hydrology, physical
characteristics, and the presence or ahsenee of fish_ Prigs are placed to marls the streams edge and are usually surveyed to accurately
determine tic location of the SR'eam. Not all streams Flow all the time; some are dry daring the summer months, "Thus, some steam
classifications cannot be completed until water is present Only then can the sacam ecologist determine if fish witl use the stream.
Same salmon use a stream for spawning when water is present, The young f i,dr than migrate to larger rivers or lakes, or to the ocean.
Other snums have been channelized and appear to be only a ditch. Those are examples of streams that are odes difficult to identify.
WAITING UNTIL THE LAST MINUTE CAN CAUSE PROJECT DELAYS AND CAN INCREASE COSTS.
Rccausc marry aspects of wetland/stream evaluation require r ego voity agency involvement,it is essential that you give your consultant
adequate lead time. Determining the presence and extent of wetlands/shaams at the earliest possible stages in the developtnetrt process
provides time to design it project that addresses possible impacts ,n on-site wetlandsisn:cams, to design a mitigation program, and to
conipletc the funk-consuming permitting process.
Planning for avoidance of vratlands and streams during development can mean the diflemnee between staying within ptanned project
costs and tfi etmes, or incurring overruns. W9san wetland and stream impacts cannot be avoided, preapp lien@on meetings and
negotiations with the U.S.Atray Corps of Engineers(Corps)and other govermneur agencies can be an important toot hr completing the
permitting process in it thnety roomier.
If the client believes that a wedand/sh cant Is present, a consahiniL it usually engaged to provide it cornprchensive,study,followed by a
report of findings. Depending on the scepe of work,the report will identify and classify the wetland/stream, investigate the requued
buffer,and determine what activities areregulated by various agencies. This informa".Ion is vital prior to design and development plans.
I timpacts to the wetland/stream or its buffers carrier he avoided,thereport may discuss procedures necessary to mitigate those impucts.
CERTIFYING THAT CERTAIN WETLANDISTREAM BOUNDARIES EXIST MAY BE RULED A NEGLIGENT ACT..
Wetland boundaries and shearn class itl cations ill oiled by Shannon & Wilson, the are considered preliminary until the wetland
boundary flags/stream elassfications are validated by the Corps and/al the local jurisdictional agency. Validation of the wetland
bonnria ties or stream classification by the regutating agency(s) provides certification, usually written, Ihat the wetland boundaries
verified arc the boundaries that wilt be regulated by the agervy(s) until a specified date or until the regulations are modified,or that the
sgeant has been properly classified. Only the regulating agency(s)can provide ibis certification_ Aprudent consutrant cart provide only
all upinion.
INDEMNIFYING/LIMITING MONETARY EXPOSURE IS IMPORTANT TO THE CLIENT AND THE CONSULTANT,
hndemni cationsarc Important concerns en con su Ilan is becaus e of Goartrutings thatmake consultants liableto any parry who foreseeably
could be damaged by the consultant's negligent acts. As it consequence, consultants engaged by Clients could be sued because the
wnsultant's dclureation of a wetland of tl'ic stream c)assiftcution effectively destroyed the land's value_ Even though the consuitant's
po.sitima would likely be upheld in court,the claim would have to be defended,and the cost of defense might be many tim la es rger than
the fee earned for conchirmig the evaluation. 'I herefbre, moat cmihaets include provision;that make clients responsible far project
-
ratated liabilities, which consultants are powerless to coutrot.
Also, our client may be sued by a landowner far reduced property value if a wetland or stream is discovered. As it result,the client in
lire agyeearent should address this potential problem so that both fire client and the consultant are "held hamaless" for the possible
discovery of wetlsnds or steams.
Page"life 1'2017
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. Commere1al General Liability+ insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commer(;iaLGeneral Liability_ insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,OOOgeneral
EXHIBIT B (Continued)
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current AN, Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.