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PW18-130 - Original - Shannon and Wilson, Inc. - Mill Creek Reestablishment - 03/30/2018
Is T K,1ENT. Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All (portions are to be co pleted. If you have questions, please contact the City Clerk's Office at 253-856-5725. F-1 Blue/Motion, Sheet Attached Pink Sheet Attached Vendor Name: Shannon & Wilson, Inc. ..........................- Vendor Number (JDE): Contract Number (City Clerk): --------------------- 127-0-........................... Category: Contract Agreement Sub-Category (if applicable): C_hc2(�)s.e..a itein,, Project Name: Mill Creek Reestablishment ........... Contract Execution Date: Date of the Mayor's signature Termination Date: 12/31/19 ........................... Contract Manager: Matt Knox Department: PW: Engineering Contract Amount: Approval Authority: E] Director N Mayor F-1 City Council Other Details: Provide wetland delineation surmort for the iDroiect. ................. ............................ ........... ........... ............ f KENT WSHINO1Oh 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. 34th St., Suite 100, Seattle, WA 98103, Phone: (206) 632-8020, Contact: Katie Walter (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 wetland delineation support for the Mill Creek Reestablishment project. For a description, see the Consutlant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Nine Thousand, Five Hundred Seventy Five Dollars ($29,575.00), 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 1 { IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. CounterpartsL and S�ignatq y E iqx or "Emad. This Agreement may be executed in any _ _ '-- "- '--number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY O�F KENT, By By e) (Si mature) (signature) 't h I Wn Print Na Its re:--'� Print Name: Dana Ralph 1�1- Its Mayor DATE: ...... DATE CITY 'KNT: BY: . (I nature) Print Name: Kim be ey A. Komoto Its: City Clerk DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Katie Walter Timothy J., LaPorte, P.E. Shannon & Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ent Law Department Shannon&Wilson-Mill C,k RT10$lab1Khrn.a 21K.a. 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 below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: .3 --2�'p 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 asWILSON. INC. ]I V r;I `1 I!'"-A I .1 N I I l-.('! 1 I N'. '!T.,I i'I I I ' 1 N T i March 12, 2018 Mr. Matt Knox City of Kcnt Public Works Department 220 Fourth Avenue South Kent, WA 98032 RE: WETLAND DELINEATION SUPPORT, MILL CREEK REESTABLISHMENT PRO.IECT, CITY OF KENT, WASHINGTON Dear Mr, Knox: Shannon & Wilson is pleased to submit this revised scope of services to further support the Mill Creek Reestablishment Project in the City of Kent(City). The project corridor extends from Mill Creek Canyon Earthworks Park near East Smith Street at the south to the intersection of South 204`h Street and West Valley Highway at the north, and includes 3.7 river miles of Mill Creek. BACKGROUND Shannon & Wilson has provided ongoing support to the Mill Creek Reestablishment Project. We performed wetland and ordinary high water mark (OHWM) delineation fieldwork in April 2014, and in February, March, and December 2015 and identified 64 wetlands along the project corridor(Ref. No. 21-l-12490). In January 2016, we provided a wetland delineation report that included wetland rating forms; the 64 identified wetlands were broken into 33 different rating units. In December 2016,we provided rating figures to accompany the 33 rating forms. Since that time,the City's consultant, Torrey Luiting of ICh, has had off-the-record conversations with Tina Tong at the Army Corps of Engineers (Corps) to discuss which of the wetlands would require mitigation. We understand that the Corps has indicated that they may not require mitigation for emergent wetlands located below the OHWM. The City has requested that we revise the January 2016 delineation report to reflect this Corps discussion, and that we modify the wetland delineation figure differentiate between wetlands that occur above the OHWM versus those that occur below it. The City has also requested that we collect additional vegetation, soils, and hydrologic data by establishing data plots in those wetlands slated for impacts if they lack wetland-specific data plots. Because the Corps' feedback regarding mitigation places a particularly heightened importance on the wetland Cowardin classifications, 4na iQR 1' 4-H s ;'ice T E I J:�' SOO i_ 2 1-2-65 1 98-00 1 Mr. Matt Knox SHANNON MWILSON,INC. City of Kent Public Works Dept. March 12, 2018 Page 2 of 4 we also propose to assess the Cowardin class areas shown on the wetland rating figures during the fieldwork. We also understand that the Corps would like to visit the site to assess the wetland condition below the OHWM and that this site visit may result in revised guidance for assessing wetland mitigation needs. In addition, it is probable that the Washington State Department of F,cology(Ecology) will request a site visit and may require mitigation for all of the wetland impacts, since they also will be reviewing this application. Scope of Services Our scope of services will consist of performing the following tasks: ■ Fieldwork: The City has provided us with a list of wetlands that will be impacted by the project. We have cross referenced the list with the data plots collected in 2014 and 2015 to identify impacted wetlands that lack a wetland-specific data plot. We will dig one paired wetland and upland data plot in each of the following Wetlands (as named in the January 2016 report): Wetlands AF,AN, AL, DD, YY, L, LL, F, F, 1, XX, X, and W W. The Little Property was not included within the bounds of our initial project review, but we can dig data pits on the property, if needed. We assume that the City will provide us with the delineation work done to date on the Little Property. The data plots will be documented following the guidance in the Army Corps of Engineers 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). During the fieldwork, we will also assess the accuracy of the Cowardin classes mapped on the existing wetland rating figures. We assume that the City will obtain right-of-entry, if required. • Agency Site Visits: We have allowed time to attend two site visits: (1) with the City and the Corps and(2) with the City and Ecology. We assume that the meetings will be arranged and coordinated by others. ■ We will revise the wetland Cowardin classes mapped on the rating figures based on the findings of the fieldwork described above. We assume that the wetland rating forms,rating units, and groups used for the previous wetland ratings will not be changed. ■ Delineation Report Revision: We will revise the January 2016 report to include the additional data plots and the Corps' decision on mitigation requirements for wetlands below the OHWM. We will also revise the delineation figure so that wetlands occurring above the OHWM will be distinct from those that occur below it. Although not included in our initial delineation, we can incorporate the Little Property wetland into the report if the City provides the Little Property delineation files and associated report. We will provide one draft electronic version of the report to the City for 21-2-65 98001-11f- wpAkn 21-2-65198-001 Mr. Matt Knox SHANNON&WILSON.INC. City of Kent Public Works Dept, March 12, 2018 Page 3 of 4 review and assume that comments will be provided to us in one compiled version. We have also included time for a 1-hour phone call to discuss the draft review questions, if needed. We assume that two hard copies of the final revised Delineation Report will suffice. If requested, additional hard copies can be provided for$250 each. SCHEDULE The project schedule will be determined by the date that we receive Notice to Proceed(NTP) from the City. We will complete the fieldwork within three weeks of receiving NI'P and will provide the delineation report to the City within four weeks of completing the field work. COST ESTIMATE Our total cost estimate for the above services is $29,575 and will be billed on a time-and- materials basis. The enclosed estimates in Table I show task-specific costs for the work. Our fee and the terms under which our services are offered will be done under a new contract with the City. Permitting, coordination with regulatory agencies, development of mitigation,and construction oversight for proposed school construction activities is not included in this scope of services but can be provided after project designs are available and upon request. 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 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 properties, it should be useful in assisting you and others in understanding the use and limitations of our proposals, 21.2 65(98,001.1.1f•rcvl,vpAk❑ 21-2-65198-001 Mr. Matt Knox SHANNON MMILSOR INC. City of Kent Public Works Dept. March 12, 2018 Page 4 of 4 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. Y-J - Aaw-, 6d� Katie L, Walter, PWS Vice President/Natural Resources Group I...eader SCC:KLW/scc Enc: 'Fable I - Cost Estimate Important Infon-nation About Your Wetland Delincation/Mitigation and/or Stream Classification Proposal 2 G-2-65 193-00 1-L I f-revi,p/lk" 21-2-65198-001 SHANNON &WILSON, INC. TABLE 1 COST ESTIMATE Mill Creek Reestablishment Project Proposal No: 21-2-65198-001 Project: Mill Creek Reestablishment Project Client: City of Kent Public Works Department By: SCC 3-12-I8 ask Rate Quantity Subtotal Subtotal Task 1: Fieldwork Sarah Corbin Senior Biologist 2 $140 /hr. 32 hrs. $4,480 Merci Clinton Biologist $95 /hr. 32 hrs. $3,040 Mileage $0,55 /mile 240 miles $131 GPS S50.00 /day 4 day $200 $7,851 Task 2: Agency Site Visits Katie Walter Vice President $250 /hr. 12 hrs. $3,000 Sarah Corbin Senior Biologist 2 S 140 /hr. 12 hrs. $1,680 Mileage $0.55 /mile 100 miles $55 $4,735 Task 3: Wetland Rating Revisions-Cowardin Class Revisions Katie Walter Vice President $250 /hr. 5 hr. $1.250 Sarah Corbin Senior Biologist 2 $140 /hr. 30 hrs. $4,200 Merci Clinton Biologist $95 /hr. 32 hrs. $3,040 $8,490 Task 4: Delineation Report Revision Katie Walter Vice President $250 /hr. 5 hrs. $1,250 Sarah Corbin Senior Biologist 2 $140 /hr. 25 hrs. $3,500 Merci Clinton Biologist S95 /hr. 32 hrs. $3,040 Lori N.or April A. Senior Office Services $105 /hr. 2 hrs. $210 Reproduction $250 /each 2 copies $500 $8,500 TOTAL ESTIMATE $29,575 Notes: hr.=hour hrs.—hours 21-2-e5ia14.001-t_Ir-r1.« w;, ys 2 1-2-65 1 98-00 1 — SHANNON &WILSON, INC. Attachment to and part of Proposal 2 1-2-65 19 8-00 1 Geotechnicai and Environmental Consultants Date: March 12,2018 To: Mr.Matt Knox City of Kent Public Works Department IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION PROPOSAL Imagine purchasing a development site for$500,000 only to learn later during construction that a wetland has been discovered,or that drainage through the site has been classified as a"stream," which results in a major redesign of your project. You arc legally obligated to obtain the required permits before work may continue. The unanticipated cost of delay and redesign could be $5 million or more. The risks are real. There is no way of eliminating them, but they can be managed by relying on a qualified wetland and/or stream consultant to perform your site evaluation. THE COST OF NOT ADDRESSING WETLAND/STREAM CONDITIONS ON A SITE CAN BE IMMENSE. Rely on a qualified firm, Since delays are inherent in the regulatory process associated with wetlands delineation and mitigation,and stream classification, developers must integrate their analyses into the early planning process. Many developers make the serious mistake of assuming that only state and,in particular, local reviews and approvals are required. They often negotiate exclusively with state and local agencies on project design and planning approvals for such activities as grading,sedimentation control,and stormwater management. There are 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 after they have entered into contracts for lot delivery dates and have secured financing contingent on completion deadlines. Developers then learn that in the permit process, many local governments may withhold final plan approval until they receive copies of federal and state approvals,or a statement from the appropriate agencies that such approvals are not required. Federal review at this late stage often results in extensive project redesign to avoid the impacts of wetlands and streams. The attendant delays usually affect a project's economic viability. It is essential to work with a consulting firm that can provide a team of wetland scientisWstream ecologists disciplined in hydrology, biology,water quality,soil science,stream and riparian ecology,and fisheries biology. The firm should have a working knowledge of the appropriate methods for classifying streams and delineating/mitigating wetlands, an understanding of the permitting process, and practical experience dealing with the regulatory agencies. The consultant should be able to clearly explain and competently lead you through the process. Although reliance on a competent consultant is necessary to manage your risk, it does not eliminate your risk. The consultant who performs evaluations generally arc engaged to determine if a site is affected. If they could see the unsceable,the consultant would know precisely where to look and what methods to apply,but consultants are not clairvoyant. Even the most rigorous professional evaluation may fail to identify all existing conditions. This potential creates risk. The risk is yours. Do not look to your consultant to assume it. Your consultant serves as your professional advisor,providing guidance and opinions based on analysis and judgment. Were professional firms to accept your risks in addition to their own,the cost of performing evaluations would be prohibitive. A FIRM UNCONCERNED ABOUT ITS OWN RISKS CANNOT BE EXPECTED TO CARE ABOUT YOURS. It is essential to work with a consultant who understands the processes involved, who can explain them to you clearly, and who can competently apply appropriate measures to reduce the impact of and to your project. The measures usually are pursued in stages, with each step based on information obtained from the previous one. Wetland delineations determine the location,extent, and type of wetlands present on a site, and include an in-office document review and a field review of the site. The wetland boundaries are identified by a technical evaluation ofon-site soil,vegetation,and hydrologic conditions. Wetland boundary flags are placed to mark the wetland edge,and are usually surveyed to accurately determine the location and size of the wetlands. Disturbed and problem area wetlands are more difficult and often take more time to delineate. Disturbed or atypical wetlands are areas that are altered recently or in the past by filling,excavating, clearing,damming,building,avalanches,mud slides,fires,volcanic deposition,and beaver dams,among others. Problem area wetlands are areas that are difficult to identify because of environmental conditions such as soil,vegetation,or hydrologic conditions. Page 1 o172 1/2018 Examples of problem area wetlands include wetlands dominated by upland plant communities, wetlands on glacial till, seasonally flooded wetlands,seasonally vegetated mud flats,and sandy soil wetlands. Stream identification and classification also determine the location,extent, and type of stream present on a site, including an in-office document review and a file review of the site. The extent of the stream is identified by a technical evaluation of hydrology,physical characteristics,and the presence or absence of fish. Flags are placed to mark the stream's edge and are usually surveyed to accurately determine the location of the stream. Not all streams flow all the time; some are dry during the summer months. Thus, some stream classifications cannot be completed until water is present_ Only then can the stream ecologist determine if fish will use the stream. Some salmon use a stream f'or spawning when water is present. The young fish then migrate to larger rivers or lakes,or to the ocean. Other streams have been channelized and appear to be only a ditch. These are examples of streams that are often difficult to identify. WAITING UNTIL THE LAST MINUTE CAN CAUSE PROJECT DELAYS AND CAN INCREASE COSTS. Because many aspects of a wetland/stream evaluation require regulatory agency involvement,it is essential that you give your consultant adequate lead time. Determining the presence and extent of wetlands/streams at the earliest possible stages in the development process provides time to design a project that addresses possible impacts to on-site wetlands/streams, to design a mitigation program, and to complete the time-consuming permitting process. Planning for avoidance of wetlands and streams during development can mean the difference between staying within planned project costs and timelines, or incurring overruns. When wetland and stream impacts cannot be avoided, preapplication meetings and negotiations with the U.S.Army Corps of l?ngineers(Corps)and other government agencies can be an important tool in completing the permitting process in a timely manner. If the client believes that a wetland/stream is present, a consultant is usually engaged to provide a comprehensive study, followed by a report of findings. Depending on the scope of work, the report will identify and classify the wetland/stream, investigate the required buffer,and determine what activities are regulated by various agencies. This information is vital prior to design and development plans. If impacts to the wetland/stream or its buffers cannot be avoided,the report may discuss procedures necessary to mitigate those impacts. CERTIFYING THAT CERTAIN WETLANDISTREAM BOUNDARIES EXIST MAY BE RULED A NEGLIGENT ACT. Wetland boundaries and stream classifications identified by Shannon & Wilson, Inc. are considered preliminary until the wetland boundary flags/stream classifications are validated by the Corps and/or the local jurisdictional agency. Validation of the wetland boundaries or stream classification by the regulating agency(s) provides certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified date or until the regulations are modified,or that the stream has been properly classified. Only the regulating agency(s)can provide this certification. A prudent consultant can provide only an opinion. INDEMNIFYINGILIMITING MONETARY EXPOSURE IS IMPORTANT TO THE CLIENT AND THE CONSULTANT. Indemnifications are important concerns to consultants because of court rulings that make consultants liable to any party who foreseeably could be damaged by the consultant's negligent acts. As a consequence, consultants engaged by clients could be sued because the consultant's delineation of a wetland or the stream classification ef(bctively destroyed the land's value. Even though the consultant's position would likely be upheld in court,the claim would have to be defended,and the cost of defense might be many times larger than the fee earned f'or conducting the evaluation. Therefore, most contracts include provisions that make clients responsible for project- related liabilities,which consultants are powerless to control. Also,our client may be sued by a landowner for reduced property value if a wetland or stream is discovered. As a result,the client in the agreement should address this potential problem so that both the client and the consultant arc "held harmless" for the possible discovery of wetlands or streams. Page 2 of 2 1/2018 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 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 Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. AC�® DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 13/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsements. PRODUCER CONTACT NAME: Gall Scott Arthur J.Gallagher Risk Management Services, Inc. PHONE 425-586-1031 FAX P.O. Box 367 425-451-3716 Bellevue WA 98009-0367 EMAIL .gajl_scott@ajg.com INSURERS AFFORDING COVERAGE NAIC p INSURERA:National Union Fire Insurance Company of 19445 INSURED INSURERB:TravelerS Property Casualty Co of America 25674 Shannon&Wilson, Inc. INSURERC:New Hampshire Insurance Company 23841 400 N. 34th Street, Suite 100 INSURERD: Seattle,WA 98103 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:859336960 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. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MM/DDlYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 5180256 3/1/2018 3/l/2019 EACH OCCURRENCE $1.000,000 DAMAGE TO RENTEU_ CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO- POLICY FX7 ECT 7 LOC PRODUCTS-COMPIOP AGG $2,000,000 OTHER: $ co INGLE LIMIT - A AUTOMOBILE LIABILITY Y 2961686 3/112018 3/1/2019 Ea accident S1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED S AUTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ HIRED UTOSONLY NON-OWNED PR c iT AAA PeraEdent $ B X UMBRELLA LIAB X OCCUR Y ZUP15R7312A18NF 3/1/2018 3/1/2019 EACH OCCURRENCE $2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $2,000,000 DED I X RETENTIONS 10,000 $ A WORKERS COMPENSATION 012016021 CA 3/1/2018 3/1/2019 PER OTH- C AND EMPLOYERS'LIABILITY YIN 012016020 AOS 311/2018 3/1/2019 X STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN NI If yes,describe und und A (mandatory In E.L.DISEASE-EA EMPLOYE $1,000,000 er DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Workers'Comp-in Monopolistics, Employers' Liability only The City of Kent is included as Additional Insured for General Liability(per CG2033 and CG2037),Auto Liability and Umbrella Liability as respects operations of the Named Insured and where required by written contract.GL,AL and XS Primary and Non-Contributory is included where required by written contract. Re: Kent Mill Creek reestablishment project, Kent,WA (S&W Job#21-1-12490-002) KLW CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD r POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 ` THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il - Who Is An Insured is amended to a. The preparing, approving, or failing to Include as an additional insured any person or prepare or approve, maps, shop organization for whom you are performing drawings, opinions, reports, surveys, operations when you and such person or field orders, change orders or drawings organization have agreed in writing in a contract and specifications; or or agreement that such person or organization b. Supervisory, be added as an additional insured on your inspection, architectural or policy. Such person or organization is an addi- tional insured only with respect to liability for This exclusion applies even if the claims against "bodily injury", "property damage" or "personal any insured allege negligence or other wrong- and advertising injury" caused, in whole or in doing in the supervision, hiring, employment, part, by: training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in- 1. Your acts or omissions;or jury" or "property damage", or the offei•tse 2. The acts or omissions of those acting on which caused the "personal and advertising your behalf; injury", involved the rendering of or the failure In the performance of your ongoing operations to render any professional architectural, for the additional insured. engineering or surveying services. However, the insurance afforded to such 2. "Bodily injury" or "property damage" additional insured: occurring after: 1. Only applies to the extent permitted by law; a. All work, including materials, parts, or and equipment furnished in connection with such work, on the project (other than 2. Will not be broader than that which you are service, maintenance or repairs) to be required by the contract or agreement to performed by or on behalf of the provide for such additional insured. additional insured(s) at the location of the A person's or organization's status as an add!- covered operations has been completed; tional insured under this endorsement ends or when your operations for that additional insured b. That portion of "your work" out of which are completed, the injury or damage arises has been put B. With respect to the insurance afforded to these to its intended use by any person or additional insureds, the following additional ex- organization other than another clusions apply: contractor or subcontractor engaged in This insurance does not.apply to: performing operations for a principal as a part of the same project. 'i. "Bodily injury", .1 property or C. Witt) respect to the insurance afforded to these "personal and advertisingicing injury" arising out of the rendering of; or the failure to render, additional insureds, the following is added to any professional architectural, engineering or Section III- Limits Of Insurance: surveying services, including: The,most we will pay on behalf of the additional insured is the amount of insurance: CG 20 33 04 13 ) Insurance Services Office, Inc., 2012 Page 1 of 2 O GL - r 1. Required by the contract or agreement you Insurance shown in the Declarations; have entered into ' with the additional whichever Is less. Insured;or This endorsement 'shall not increase the 2. Available under the applicable Limits of applicable Limits of Insurance shown in the I Deciarati6ns. ' ' •I • i 3 Page.2 of 2 Insurance Services Office,Inc., 2012 CG 20 33 0413 ❑ 1 POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED �-p-��L-�.y OWNERS, LESSEES OR CONTRACTORS --- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you become obligated to included as additional insured as a result Various Locations of any written contract or agreement you have entered into. Information required to corn fete this Schedule,if not shown above will be shown in the Declarations. A. Section Il —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons) or additional insureds, the following is added to organizations) shown in the Schedule, but only Section Ill—Limits Of Insurance: --with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we your work' at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1 Required by the contract or agreement; reement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not Increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 O Insurance Services Office, Inc.,2012 Page 1 of 1 :Yt, ENDORSEMENT This endorsement, effective 12:01' 'A.M. 3/1/2018 forriis a part of policy No. •5180256 issued to Shannon&Wilson, Inc. by National Union Fire insurance Company of Pittsburgh PIS TtitS ENDORSEMENT CHANGES'THE POLICY. PLEASE READ IT CAREFULLY ADbiTIONAL INSURED - PRIMARY tNSURANCE Th7s enddrjarnentmodifles 1r►surai1dL jdravlded under-the foliowtng: GOMMFRCi'AL GENE RAL LIABILITY COVERAGE FD§M Soction IV, Cornmerctal General Liabilify Gattditlons, paragraph 4.,. Oihar Insurarice, subparagraph a. Prlrrrary insurance, is amended f?y the addition of the folidwing: HoWev6r, ooverage, under this- policy afforded to an odditional insured wig apply as pririiary lnsurance where rei dlred by coritract, and aty other Irtsurancd:issued to such additions[ lnsured shall apply as eXaess and noncbntributoty insurance. Authorized Representative-or Cougtersi nature (in States Where • � ' 74434(10199) Applicable) ENDORSEMENT This endorsement, effective 12:01 A.M. 3/1/2018 forms a part of policy No. 2961686 issued to Shannon &Wilson, Inc. by National Union Fire Insurance Company Pittsburgh, PA THIS ENDORSEMENT CHANGES T.HE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL_ INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTb COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status, but only to the extent of such person's or organizations liability arising out of a covered"auto." I. SECTION II � LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add; d. Any person or*organization, shown.in the schedule abgve', to whom you becoine•obligated to include as an'additionbl insured under this policy, as a'result'of any'contractor agreernetit you enter into*which requires you to furnish insurance to that person d� organization of the' type provided by this policy, but only with respect to liability arising out of-use of a dovered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or bgreenient. A4�thbriz6d Representative or Co'Untersignature (in States Where Applicable) 87950 (10105) Page 1 of 1 ENDORSEMENT This endorsement,effective 12:01 A.M. 3/1/2018 forms a part of policy No.2961686 issued to Shannon & Wilson, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. 4AUized Representative orrsignature (in States Where Applicable) 74445 (10/99) �� AC V CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) �� 3/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER CONTACT Dealey, Renton&Associates PHONE Alison Olsen (FA P. 0. Box 12675 T No Ext):510-465-3090 A!C No):510-452-2193 Oakland, CA 94604-2675 ADDRESS: lnsurance.Certificates@Dealeyrenton.com License#0020739 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Lloyd's of London INSURED SHANNWILS Shannon&Wilson, Inc. INSURERS: 400 North 34th Street,Suite 100 INSURERC: Seattle WA 98103 INSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1234968139 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. IY FXP LTR TYPE OF INSURANCE A L UBR POLICY NUMBER MM DDPOLICYiYYYY M EFF M DCDNYYY LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE S CLAIMS-MADE OCCUR A A T R NT PREMISES Eaeccurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO- JECT LOC PRODUCTS-COMPIOPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY PeraccideM AUTOS ONLY AUTOS ( ) S HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S UMBRELLALIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED I RETENTION$ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N I STATUTE ER ANYP ROPR I ETORIPART N E R1E X E C UT I V E OFFICERIMEMBEREXCLUDED? NIA E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional and LDUSA1804579 111/2018 1JIJ2019 $6.000.000 per Gaim Pollution Legal Liability $5.000,000 Annual Aggregate I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) S&W Job No.21-1-12490-002;Project Name: Mill Creek Reestablishment project,wetland delineation support CERTIFICATE HOLDER CANCELLATION 30 Day Notice of 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 Yoshitake 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD REQ11E5 F4R AYpRSSIGNATURE ror NIdYG KnAyms.us,n "'-1�r y 5 y "' _. ...1 �t na 5$1 gesRnt P/ l � pare Aeau ree dayWM/ I �.s §ned key to 12/31/19 a� NSA P 14. s�a�LHillSOONa�� �"^tt gznos6 �a ciryw pm. a ati�aveF i