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HomeMy WebLinkAboutPW18-037 - Original - Aspect Consulting, LLC - Landsburg Mine Clean Up On-Call Technical Support - 02/06/2018 91 M Records KE 0 T /r w 9rvirvcrarv /�•�„ � ,, Document 10i,7 ,> ii .: ,! 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: Aspect Consulting, LLC Vendor Number: JD Edwards Number Contract Number: Pw f z - 031 This is assigned by City Clerk's Office Project Name: Landsburq Mine Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/19 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Evan Swanson Department: Enqineering Contract Amount: $30,000.00 Approval Authority: ❑ Department Director X Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide on-call technical support regardinq the cleanup of the Landsburg Mine site. As of: 08/27/14 �ST CONSULTANT SERVICES AGREEMENT between the City of Kent and Aspect Consulting, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aspect Consulting, LLC organized under the laws of the State of Washington, located and doing business at 401 2nd Ave. S., Suite 201, Seattle, WA 98104, Phone: (206) 838-5830, Contact: Steve Germiat (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 provide on-call technical support regarding the cleanup of the Landsburg Mine Site. For a description, see the Consultant's Scope of Work which is attached as Exibit 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, 2019, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand Dollars ($30,000.00), 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 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C, The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes_ end. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. A,ssBgnment. 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. CompiJance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax oE 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. CONSULTA T: CITY OF KENT: By: +fir By Qmvo-- stgnatureyy Print ame: -lam aYlr7y�97 Print Name:—Dana )Ralph Its :/ Its Mayor (title) DATE: t _ DATE: �) �� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Steve Germiat Timothy ). LaPorte, P.E. Aspect Consulting, LLC City of Kent 401 2nd Ave. S., Suite 201 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 838-5830 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department PspeR CanwlNnp-l�ndsbury d/Swenson CONSULTANT SERVICES AGREEMENT- 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 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 elow, I agree to fulfill the five requirements referenced above„ By: For: T' G/Y Title: ar,,cf�.�... .__�_. Date: 3� Q 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 ►spect CO.NStt LT NG January 24,2018 Mr. Pat Fitzpatrick Assistant City Attorney City of Kent Law Department 220 Fourth Ave South Kent, Washington 98032-5895 Re: Proposal to Continue On-Call Technical Support Regarding Landsburg Mine Site Project No. 090015 Aspect Consulting, LLC (Aspect)respectfully submits this proposal to provide on-call technical support to the City of Kent(City)regarding cleanup of the Landsburg Mine Site(Site) and its potential to impact the City's Clark Springs water source and/or surrounding water resources. Scope of Work Aspect will provide the City with on-call technical and regulatory consultation pertaining to implementation of the Landsburg Mine Site cleanup. For the purposes of this contract we will provide the following general services, all as requested by the City: • Conduct technical consultation to the City regarding the Potential Liable Parties' (PLP) implementation of Washington State Department of Ecology's (Ecology) Cleanup Action Plan and Consent Decree for the Site, with a focus on ensuring protection of the City's water supply sources; • Coordinate with Ecology or other stakeholders regarding the cleanup, including participation in teleconferences or meetings; and • Maintain regular communications with the City regarding the project. Our on-call services will be billed on a time and materials basis, in accordance with the attached schedule of charges, and will not exceed$30,000 without prior written authorization from the City of Kent. We appreciate the opportunity to continue our involvement in this project. Please contact me at 206-838-5830 if you have questions regarding this proposal. Sincerely, Asp ct consulting AIW44F' Steve Germiat,LHG,CGWP Principal Hydrogeologist sgerm iat@aspecteonsu lting.com Attachments: Aspect Consulting, LLC Schedule of Charges V:1090015 Landsburg Mine Sii6ConVacts\Proposal MaterialTroposal for Landshurg Mine Tech support_20180124,doe x spect SCHEDULE OF CHARGES c�n,5 u LT I ly Effective January 2018 Unless otherwise shared in the proposal or services agreer lent,cunent rotes areas follows: PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rafe Principals and Associates Principal Scientist/Engineer/Analyst 2 $244 Principal Scientist/Engineer/Analyst 1 $231 Sr.Associate Scientish/Engineer/Analyst $214 Associate Scientist/Engineer/Analyst $200 Technical Professionals Senior Scienfisl/Englnear/Anayst 3 $200 Senlor Scienfisl/Englneer/Anayst 2 $169 Senior Scientist/Engineer/Analyst 1 $176 Project Scientist/Engineer/Analyst3 $162 Project Scientist/Engineer/Analyst 2 $150 Project Scientist/Engineer/Analyst 1 $139 Staff Scientist/Engineer/Analyst 3 $129 Staff Scientist/Engineer/Analyst 2 $117 Staff Scientist/Engineer/Analyst 1 $109 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rafe Field/Constructlon Staff Fleld/Conslruction Supervisor $118 Field Technician.4 $98 Field Technician 1 $90 Design, CAD,and Graphics Staff Engineering Designer $140 Sr.CAD Technician/Specialist $125 CAD Technician $110 Technical Editing and Project Operations Sr.Technical Editor $111 technical Editor $100 Project Coordinator $95 Project Coordinator 1 $90 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Hourly Rote Sr.Technology Project Manager $210 Technology Project Manager $195 Senior Softw are/Database Arch!lect/Developer $200 Software/Database Architecf/Developer $175 OTHER DISBURSEMENT CHARGES Legal Testimony(4-hour minim.)m( $350/hr Mileages Federal Gov Rate Plus 15% Subcornrac}ors and Miscellaneous Expenses Cost Plus 15% Other equipment,rentals, and expenses will be provided on a perjob basis. Client acknowledges that Aspect will ocjwt the Schedule of Charges annually, and Ihaf the Agreement will remain valid for any and oil annually adjusted Schedule of Charges. EXHIBIT B INSURANCE REQUIREMENTS IFOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professiional Liaba Ality insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liabilitv insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M, Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. OP ID: SR DATE(MMIDDIYYYY) laN�,.�^'.• CERTIFICATE OF LIABILITY INSURANCE11/0112017 .HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement a. PRODUCER CONTACT Spra ue Israel Giles NAME --- 1501 Fourth Avenue,Suite 730 INC,NN Earl ___-. .... ,,,, ...._. ,I is e-Nmai; Seattle,WA 98101-3225 E-MAL ---- John M.Policar ADDRESS - - -- ----- PRonucErr ......... ...... . c0sT4MER dp a,ASPEC-1 INSURER(Sf AFFORDING COVERAGE I NAICp INSURED Aspect Consulting, LLC INSURER A Lloyds of London j15792 350 Madison Avenue North INSURER.a Ailments Financial Bainbridge Island,WA 98110 - -- -- -- INSURER C:National Urd n Flre Ins.co 19445 INSURER D' INSURER E ........, ......._ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NBR ADSR VUf 6R ,,,, ,.,.,.-. POLICYEFF T Pdi.CCVIEXP - ......T TYPE OF INSURANCE ce ,nnrnl POLICY NUMBER MMIDO/YYYY MMtYD LIMITS m GENERAL LIABILITY 'u EACH OCCURRENCE '$ 2,000,00( A X COMMERCIAL GENERAL LIABILITY X PGIARK06690-01 1110112017 11101/2018 LIAMACIFTORENTED PREMISES(Fa oa meinw) $ 100,00( _ CLAIMS-MADE X_J OCCUR MED EXP IAn'onBpersI L) $ 10,000 NON ADMITTED PERSONAL&AOV INJURY $ 2,000,00C GENERALAGGREGATE $ 5,000,00C GENL AGGREGATE LIMITAPPLIES PER. PRODUCTSCOMP/OPAGG $ 5,000,000 POLICY X RO- .+-L LOB I AUTOMOBILE LIABILITY X COM BI NEDSINGLE LIMIT $ 1,000,00C 4SCHEDULED ANY AUTO AWbDd13T06-00 11/01l2017 1110112018 )Ea acaaenp BODILY INJURV(Perpereon) g OWNEDAUTOS .....--...., ... .---... BODILY INJURY(P.,accidentD AUTOS "-- ......PROPERTY DAMAGE $DAUTOS (PER ACCIDENT)-owNED Auros Comp Ded $.""- Coll Ded -$ 50RELLA LIAB X OCCUR EA CH OCCURRENCE $ 5,000,00SS LIAB CLAIMS MADE AGGREGATE $ 5,000,00IBEBU020580M138 11l01/2017 11101/2018ucTHLE $ NTION $ ..$ WORKERS AND EMPLOYERSELIABNTY YIN TORV?I ITS X OFa A ANY PROPRIETORIPARTNERIEXECUTIVE PGIARK06690-01 11101/2017 11/01/2018 EL EACHACCIDENT 5 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ 'NIA E ___ _ (Mandatary In NH) WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,descnde under -------- DESCRIPTIONOF OPERATIONS below E,L.DISEASE-POLICY LIMIT S 1,000.00 A Professional Llale PGIARK06690-01 11/0112017 11101/2011 Ea Claim 5,000,00 A (Pollution Liab NON ADMITTED (Total Cim 6,000,00 DESCRIPTION OFOPERATIONS l LOCATIONS$VEHICLES ARacN ACORDICIUAddlllanal Remarks Schedule,IfrI space is requlmd) Certificate holder is adVdiIllonal insured ii rett ulred by written contrac or a rerrment,sTblect to tf a General 6 Auto Lability additional insured le oV sloe an orsernOmS. Contract 4090015 CERTIFICATE HOLDER CANCELLATION( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy YOshltake 400 West Gowe AUTHORIZED REPRESENTATNE Kent,WA 98032 � ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Policy Number. PGIARK06690-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oroanization(s): Location(s) Of Covered Operations Any person(s)or organization(s)whom the Named Insured agrees, in a written contract, to name as an Additional insured. However,this status exists only for the proiect specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury'caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury' or"property damage'occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of"your work'out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 POLICY#AW2-D413706 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION J. Any business entity for which you have a financial interest greater Paragraph A. CANCELLATION 2. b. of the than 50% of the voting stock or COMMON POLICY CONDITIONS is otherwise have a controlling replaced with the following: interest after the effective date of b. 60 days before the effective date this policy or that is newly of cancellation if we cancel for acquired or formed by you during any other reason. the term of this policy. SECTION I -COVERED AUTOS The coverage provided by this provision is afforded until 2. EMPLOYEE HIRED"AUTOS" expiration or termination of this Description Of Covered Auto policy, whichever occurs earlier. Designation Symbols; Symbol 8 is replaced by the following: The coverage provided by this provision does not apply to any 8 = Hired "Autos" Only - Only those"autos' business entity described in d. you lease, hire, rent or borrow, including above that qualifies as an "autos"your employee hires at your insured under any other direction, for the purpose of conducting your automobile liability policy issued business. This does not include any"auto' to that business entity as a you lease, hire, rent, or borrow from any of named insured or would have your"employees'or partners or members of been an insured except for the their households. exhaustion of the policy limits or the insolvency of the insurer. SECTION II -LIABILITY COVERAGE The coverage provided by this 3. BROADENED NAMED INSURED provision does not apply to "bodily injury" nor"property The following is added to the SECTION II damage"arising from an LIABILITY COVERAGE, Paragraph 1. Who accident that occurred prior to Is An Insured provision. your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0165 (9-97) POLICY#AW2-D413706 4. EMPLOYEES AS INSUREDS SECTION III - PHYSICAL DAMAGE COVERAGE. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph 1 Who 7, EXPENSE OF RETURNING A STOLEN Is An Insured provision: "AUTO" and SIGN COVERAGE e. Any employee of yours is an The following is added to SECTION III - .insured"while using a covered PHYSICAL DAMAGE COVERAGE, A.1. "auto" you do not own, hire or COVERAGE: borrow in your business or your personal affairs. d, Expense Of Returning A Stolen "Auto" 5. SUPPLEMENTARY PAYMENTS We will pay for the expense of The following amends SECTION II - returning a covered "auto"to you. LIABILITY COVERAGE, Paragraph 2. Coverage Extensions provision: e. Sign Coverage Paragraph (2) is replaced by the following: We will pay for loss to signs, (2) Up to$2500 for cost of bail bonds murals, paintings or graphics, (including bonds for related traffic as part of equipment,which are law violations) required because displayed on a covered "auto". of an "accident"we cover. We do not have to furnish these bonds. The most we will pay for"loss" in Paragraph (4) is replaced by the following: any one "accident" is the lesser of: (4) All reasonable expenses incurred 1. The actual cash value of by the "insured" at our request, the property as of the including actual loss of earnings time of the "loss", or up to$500 a day because of time 2. The cost of repairing or off from work. replacing the damaged or stolen property with other 6. AMENDED FELLOW EMPLOYEE EXCLUSION property of like kind and quality; or - The following is added to the SECTION II - 3 $2,000, LIABILITY COVERAGE, B. Exclusions 6_ GLASS BREAKAGE DEDUCTIBLE Paragraph 5. Fellow Employee exclusion. The following is added to SECTION III- This exclusion does not apply if the PHYSICAL DAMAGE COVERAGE A. "bodily injury"arises from the use of a COVERAGE paragraph 3. Glass covered "auto" you own or hire. This Breakage - Hitting a Bird or Animal - coverage is excess over any other Falling Objects or Missiles: collectible insurance Any deductible shown in the Declarations as applicable to the Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) POLICY#AW2-D413706 covered "auto"will not apply to glass direction, for the purpose of breakage if such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the "autos" you 9. TRANSPORTATION EXPENSE own, subject to the following: Paragraph 4. Coverage Extension of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE, A. COVERAGE is replaced with the following. a. $50,000 per accident, or b. cash value, or 4. Coverage Extension c. the cost of repair, We will pay up to$50 per day to a minus the deductible equal to the maximum of$1500 for temporary lowest deductible applicable to any transportation expense incurred by owned "auto"for that coverage. you because of the total theft of a Any deductible shown in the covered "auto" of the private Declarations does not apply to passenger type. We will pay only "loss" caused by fire or lightning. for those covered "autos" for which Subject to the limit and deductible you carry either Comprehensive or stated above, we will provide Specified Causes of Loss coverage equal to the broadest Coverage. We will pay for coverage provided to any covered temporary transportation expenses "auto"you own, that is applicable to incurred during the period beginning the loss. 24 hours after the theft and ending, regardless of the policy's expiration, If the loss arises from an accident when the covered "auto" is returned for which you are legally liable and to use or we pay for its "loss", the lessor incurs an actual financial loss from that accident, we will 10. HIRED AUTO PHYSICAL DAMAGE cover the lessor's actual financial loss of use of the hired "auto"for a The following is added to SECTION III - period of up to seven consecutive PHYSICAL DAMAGE COVERAGE, A. days from the date of the accident, COVERAGE: subject to a limit of$1,000 per accident. 5. Hired Auto Physical Damage 11 AUDIO,VISUAL AND DATA If hired "autos" are covered "autos" ELECTRONIC EQUIPMENT for Liability Coverage and if Physical COVERAGE Damage Coverage of Comprehensive, Specified Causes The following is added to SECTION III - of Loss, or Collision is provided PHYSICAL DAMAGE COVERAGE, A. under this Coverage Form for any COVERAGE: "auto"you own, then the Physical Damage Coverage(s) provided is 6. Audio, Visual and Data Electronic extended to"autos" you hire without Equipment Coverage a driver or your employee hires, without a driver, at your We will pay for"loss"to any electronic equipment that receives Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) POLICY#AW2-D413706 or transmits audio, visual or data signals and that is not designed b. Permanently installed solely for the reproduction of sound. in the opening of the dash This coverage applies only if the or console normally used equipment is permanently installed by the manufacturer for the in the covered "auto"at the time of installation of a radio. the"loss" or the equipment is removable from a housing unit With respect to coverage herein, the which is permanently installed in the LIMIT OF INSURANCE provision of covered "auto' at the time of the PHYSICAL DAMAGE COVERAGE "loss", and such equipment is is replaced by the following. designed to be solely operated by use of the power from the"auto's" 1. The most we will pay for all electrical system, in or upon the "loss"to audio, visual or data covered "auto", including its electronic equipment and any antennas and other accessories. accessories used with this However , this does not include equipment as a result of any tapes, records or discs. one "accident" is the lesser of The exclusions that apply to a. The actual cash value of PHYSICAL DAMAGE COVERAGE, the damaged or stolen except for the exclusion relating to property as of the time of Audio, Visual and Data Electronic the "loss" or Equipment, also apply to coverage b. The cost of repairing or provided herein. In addition, the replacing the damaged or following exclusions apply: stolen property with other property of like kind and We will not pay , under this quality, or coverage, for either any electronic c. $500, equipment or accessories used with such electronic equipment that is: 2. An adjustment for depreciation and physical 1. Necessary for the normal condition will be made in operation of the covered determining actual cash value "auto" or the monitoring of at the time of the"loss". the covered 'auto's" operating system, or 3. Deductibles applicable to PHYSICAL DAMAGE 2. Both: COVERAGE, do not apply to this Audio, Visual and Data a. An integral part of the Electronic Equipment same unit housing any Coverage. sound reproducing equipment designed If there is other coverage provided solely for the by this policy for audio, visual and reproduction of sound if the data electronic equipment, the sound reproducing coverage provided herein is equipment is permanently installed in the covered "auto", and Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) POLICY#AW2-D413706 excess. However, you may elect to covered "auto". If"loss" is apply the limit or any portion thereof caused by theft, this of coverage provided herein to pay number of days is added any deductible that is applicable to the number of days it under the provisions of the other takes to locate the covered coverage "auto" and transport it to a repair shop. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE 2 60 days. The following is added to SECTION III - Our payment is limited to the lesser PHYSICAL DAMAGE COVERAGE, A. of the following amounts: COVERAGE: 1. Necessary and actual 7. Rental Reimbursement and expenses incurred, Material Transfer Expense including loss of use This coverage provides only those 2. $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations. It applies only to a does not apply while there are covered "auto" described or spare or reserve"autos"available to designated to which the Physical you for your operations. Damage Coverages apply. If"loss" results from the total theft of We will pay for auto rental expenses a covered "auto" of the private and the expenses, incurred by you passenger type, we will pay under because of"loss"to a covered this coverage only that amount of .auto", to remove and transfer your your rental reimbursement materials and equipment from the expenses which is not already covered "auto" . Payment applies in provided for under the SECTION addition to the otherwise applicable III - PHYSICAL DAMAGE amount of each coverage you have COVERAGE, A. 4. Coverage on a covered "auto". No Extension. deductibles apply to this coverage. 13. AIRBAG COVERAGE We will pay only for those auto rental expenses incurred during the The following is added to SECTION III - policy period beginning 24 hours PHYSICAL DAMAGE COVERAGE, B. after the"loss" and ending, Exclusions, paragraph 3. regardless of the policy's expiration, with the lesser of the following The portion of this exclusion relating to number of days mechanical or electrical breakdown does not apply to the accidental discharge of an 1. The number of days airbag. This coverage is excess of other reasonably required to collectible insurance or warranty. No repair or replace the deductible applies to this Airbag Coverage, Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc, 1996 461-0155 (9-97) POLICY#AW2-D413706 14_ AUTO LOAN PHYSICAL DAMAGE imposed under a lease for excessive use, EXTENSION abnormal wear and tear or high mileage; security deposits not refunded by the lessor, The following is added to SECTION III - cost for extended warranties, Credit Life PHYSICAL DAMAGE COVERAGE, C. Insurance, Health, Accident or Disability Limit Of Insurance provision: Insurance purchased with the loan; and carry over balances from previous leases. When a "loss' results in a total loss to a covered auto you own for which a Loss This coverage applies only to the initial Payee is designated in this policy, the most lease for the covered "auto"which has not we will pay for"loss" in any one "accident" is previously been leased. This coverage is the greater of: excess over all other collectible insurance. 1. The actual cash value of the SECTION IV- CONDITIONS damaged or stolen property as of the time of the"loss'; or 16 DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 2. The outstanding balance of the initial loan, less any amounts for The following is added to SECTION IV- taxes, overdue payments, overdue BUSINESS AUTO CONDITIONS, A. Loss payment charges, penalties, Conditions, 2. Duties In The Event Of interest , any charges for early Accident, Claim, Suit Or Loss: termination of the loan, costs for Credit Life Insurance, Health, d. Knowledge of any"accident', Accident or Disability Insurance claim, "suit'or"loss"will be purchased with the loan, and deemed knowledge by you when carry-over balances from previous notice of such "accident', loans. claim, "suit' or"loss' has been received by: 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION (1) You, if you are an individual, (2) Any partner or insurance The following is added to SECTION III - manager if you are a PHYSICAL DAMAGE COVERAGE, C. partnership, or Limit Of Insurance provision (3) An executive officer or insurance manager if you are If, because of damage, destruction or theft a corporation. of a covered "auto', which is a long-term leased "auto', the lease agreement between 17. BLANKET WAIVER OF you and the lessor is terminated, "we"will SUBROGATION pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE Paragraph 5.Transfer Of Rights Of 1. or 2. and the amount due at the time of Recovery Against Others To Us, "loss" under the terms of the lease SECTION IV- BUSINESS AUTO agreement applicable to the leased "auto' CONDITIONS, A. Loss Conditions is which you are required to pay: less any fees replaced by the following. to dispose of the auto; any overdue payments, financial penalties Includes copyrighted material of Insurance Services Office, Inc with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0165 (9-97) POLICY#AW2-D413706 5. Transfer Of Rights Of Recovery 19. HIRED AUTO—WORLDWIDE Against Others To Us COVERAGE If any person or organization to or The following is added to SECTION IV- for whom we make payment under Business Auto Conditions, B. General this Coverage Form has rights to Conditions, paragraph 7 Policy Period, recover damages from another, Coverage Territory provision: which have not been waived through the execution of an "insured a.. Outside the coverage territory contract", written agreement, or described in a., b., c., and d, permit, prior to the "accident"or above for an "accident" or"loss" "loss" giving rise to the payment, resulting from the use of a those rights to recover damages covered "auto" you hire, without a from another are transferred to usr driver, or your employee hires That person or organization must do without a driver, at your direction, everything necessary to secure our for the purpose of conducting your rights and must do nothing after the business, for a period of 30 days "accident"or"loss" to impair them or less, provided the suit is brought within The United States 18. UNINTENTIONAL FAILURE TO of America or its territories or DISCLOSE INFORMATION possessions. The following is added to SECTION IV SECTION V-DEFINITIONS BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. 20. MENTAL ANGUISH Concealment, Misrepresentation Or Fraud: Paragraph C. "Bodily injury", SECTION V - DEFINITIONS is replaced by the following: Your unintentional error in disclosing, or failure to disclose, any material fact C. "Bodily injury" means bodily injury, existing after the effective date of this sickness or disease sustained by a Coverage Form shall not prejudice your person including death or mental rights under this Coverage Form. anguish resulting from any of these. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) " � �V �u � �W I 91', m • o � � o ... ., :,, , ,a � .m " , ,�.,.. IIW ry I ' 'ii �i,� � Ulb m �m t,m .m .� °• ^� " ;. `" n� u.a...IIW.a... e u mr p a �a �..ulad „� a u........ ;: u a ��. o... . u an, " �� �,,. a '. �a uma �aa'iw��m v��®�m�ma Aar' a,q�. ....,,. 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