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HomeMy WebLinkAboutCAG2019-461 - Original - Spill Prevention Outreach Agreement Routing Form 11_17KEN T For Approvals,Signatures and Records Management W 15 H IN GTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Laura Haren Department: Public Works Date Sent: 11/12/19 Date Required: 11/14/19 R Authorized Director or Designee Date of 0 N/A a. to Sign: Council Q El Mayor Approval: Budget D00010 Grant? Yes ❑✓ No Account Number. Type: N/A Vendor or Name: Environmental Coalition of South Seattle Cate 9 Y: Contract C Vendor 1035621 Sub-Category o Number: a Project E Name: Spill Prevention Outreach 0 c Project Increase awareness of stormwater management among businesses. �. Details: c 41 E Agreement 10 000 Basis for 0 Amount: Selection of m Contractor: Q Start Date: 11/8/19 Termination Date: 3/31/20 Notice required prior to Yes No Contract Number: disclosure. Date Received by City Attorney: Comments: ICA 0 N d i i+ A M Date Routed to the Mayor's Office: in d Date Routed to the City Clerk's Office: d Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT W A 5 n i N G T G N CONSULTANT SERVICES AGREEMENT between the City of Kent and Environmental Coalition of South Seattle THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Environmental Coalition of South Seattle organized under the laws of the State of Washington, located and doing business at 1011 SW Klickitat Way, Suite 201, Seattle, WA 98134, Phone: (206) 767-0432, Contact: Ann Boyce (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 assist the City with Spill Prevention Outreach. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ten Thousand Dollars ($10,000), 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 B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and .in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 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 ($20,000 or Less) 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 C 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 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 ($20,000 or Less) 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 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: C. BY: B A3-%tur; signature) Print Name: Print Name: imothv J. LA p"rt., P,r . A Its: Its: Public Works Director (title) DATE: il DATE: NOTICES TO BE SENT TO: NOTICES TO BESENT TO: CONSULTANT: CITY OF KENT: Ann Boyce Timothy 3. LaPorte, P.E. Environmental Coalition of South Seattle City of Kent 1011 SW Klickitat Way, Suite 201 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032 (206) 767-0432 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) ATTEST; -- Kent Citv Clerk E COSS Spill Pr-ent—Outreach 4/Harm CONSULTANT SERVICES AGREEMENT 5 ($20,000 or Less) � DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City Vf Kent iscommitted to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with P2|abDO to this Agreement shall comply with the regulations of the City`s equal employment opportunity policies. The following questions specifically id8Odh/ 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 Ur 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 0r termination for all Or part 0f the Agreement; The questions are aSfollows: 1. l have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement l will not discriminate in 8rnp|0yrn2nt on the basis Of sex, race, color, national origin, age, or the presence Of DU sensory, mental or physical disability. 3. During the time of this Agreement the phrng contractor will provide a written statement to all new er0p|Oy8eS and subcontractors indicating commitment BS an equal opportunity 8nnp|0y8r. 4. During the time of the Agreement l, 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 rn8, the Prime Contractor, that the Prime Contractor COnnpU2d with the requirements as Set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: � Title: Date: 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 ECOSS proposes the following scope of work to be completed with the City of Kent. This document is a statement of work designed to clarify and aid in understanding responsibilities and expectations of participating parties. Goal: - The primary goal for this project is to increase awareness and understanding of stormwater management among business owners, managers, property managers and employees, and encourage businesses and multi-family complexes to practice pollution prevention and best management practices. Task 1 — Outreach & Technical Assistance To be completed by ECOSS ECOSS will provide targeted stormwater pollution prevention assistance and spill response training to businesses and multi-family complexes throughout City of Kent ECOSS will provide support to City of Kent by working directly with any business or multi-family complex identified by the City or ECOSS staff members. Support will include, but not be limited to: • Stormwater education Spill kit, customized spill plan, site map, and spill response training for managers and employees • Provide King County Best Management Practices (BMPs) information sheets appropriate for the business sector • Contractor, consultant, vendor, and agency referrals - ECOSS will collect information during initial service delivery to gauge basic knowledge and awareness of stormwater issues, BMP's, spill response readiness, etc. - ECOSS will perform brief regionally-based follow up outreach with post-service surveys to a percentage of previously visited businesses to determine post-service awareness and behaviors, including kit use, training, etc. Deliverables: • Provide at least 30 follow up outreach with post-service surveys by 12/31/2019 • Provide 21 businesses spill kits and spill response trainings by 3/31/2020 Work will not begin until the contract is signed and a written notice to proceed is issued. {CbSS Task 2— Program Materials To Be Completed by ECOSS - ECOSS will produce/print program literature: • Spill kit brochures describing the program • Spill prevention poster • Site specific spill plans and maps • King County Stormwater BMPs appropriate for business sector Deliverables: - Spill kit brochure(s) - Spill plan(s) for each business or multi-family complex - Spill kit(s) for each business or multi-family complex - Site maps with drainage info (where Gi5 data is avaiiabie) - Spill response training materials including language specific posters - Business sector appropriate BMPs - Letter from City of Kent To Be Completed by the City of Kent Referrals to prioritized businesses for ECOSS outreach staff Updated GIS, if applicable Deliverables: • List of businesses needing assistance Any additional educational materials that the City of Kent would like distributed • Updated GIS information, if applicable Task 3 - Administration and Reporting To Be Completed by ECOSS - ECOSS will supply the City of Kent with an evaluation report of completed site visits, trainings, a breakdown by business sector and languages spoken, and other support provided. - ECOSS will provide a final evaluation report about pre/post service delivery behaviors through the regional program as well as Kent specific evaluation results. - Progress-based invoicing (based on percentage of project completed) will occur within three months of project implementation. Invoicing will occur quarterly unless otherwise designated by City or project completion. Deliverables: Ok €toss 14 1 f $uW WN.$oluWn.b AM 3 • Tracking spreadsheet, draft (due 3/15/20) and final (due 3/31/20) evaluation report(s) • Invoice within three months of starting project and final invoice before March 31, 2020 To Be Completed by the City of Kent - Up to $10,000 to cover ECOSS outreach costs Deliverables: • Payment of invoices up to $10,000 Total Budget The budget for this proposed scope of work is $10,000. t.0(t5i 3 0 0 0 o O N 00 00 N O Il Ln rl O .i tD r-i O A4 O O � LA CL H � u i O � a a Q O u v o, m 3 a ~ c 0 a, a U N a.. co m m O O O _ U _ O " � a 3 ++ O m u c 0 N a XLn U tOv tv C LWV) W _ �c LA E �n` O of of ++ of -O i U LA Q Q V d v Ln E O C ^� O '^ coo .7 = C L 2 m = 3 L O CA C a3i N W m O Z w Y Vf 0J (0 M N O ~ O d m 41 (A . i H C kA a E •L � s m O p a 41 O L O a 0) +. N 0tx0 'C 7 CG �o O N Director $117.44 Manager $86.37 Associate $76.13 Coordinator $70.56 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 V CERTIFICATE OF LIABILITY INSURANCE [7E.,IMMIDDNYYY) /24/2019 "41S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 3TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _:LOW. 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 KAITLYN COLE McDONALD McGARRY Insurance Brokers PHONE No Ext: (425)774-3200 AX No)- (425)774-3222 630 Main Street ADDRIESS: kaitlyn@mcdonaldmcgarry.com INSURER(S)AFFORDING COVERAGE NAIC# Edmonds WA 98020-3056 INSURER A: CRUM&FORSTER 44520 INSURED INSURER B: Environmental Coalition of South Seattle INSURER C: 1011 SW Klickitat Way,Ste 201 INSURER D: INSURER E: Seattle WA 98134 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1952402038 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDMM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DAMA5E TO RENTED PREMISES Ea occurrence $ 250,000 X Deductible-$2,500 MED EXP(Any one person) $ 5,000 A Y EPK-127036 05/27/2019 05/27/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 1X-10 POLICY ❑ PRO- ❑JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 THER: Errors&Omissions $ 1,000,000 'UTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO Ea accident BODILY INJURY(Per person) $ AUTOS ONLY AUTOS q SCHEDULED Y EPK-127036 05/27/2019 05/27/2020 BODILY INJURY(Per accident) $ AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION t WORKERS COMPENSATION PE AND EMPLOYERS'LIABILITY Y/N STATUTE EORH WA STOPGAP A ANYPROPRIMBER/PARTNER/EXECUTIVE ❑ NIA EPK-127036 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 05/27/2019 OS/27/2020 (Mandatory In If yes,describe a under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The holder listed below is added as an additional insured per form attached.The coverage is primary and non-contributory. 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. 400 Mst Grove AUTHORIZED REPRESENTATIVE Kent WA 98032 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CRU M & FORSTER` CRUM & FORSTER SPECIALTY INSURANCE COMPANY 305 Madison Avenue, Morristown NJ 07962 ENVIRONMENTAL POLICY DECLARATIONS POLICY NUMBER: RENEWAL OF: DATE ISSUED: EPK-127036 EPK-122822 5/30/2019 Item 1. NAMED INSURED&ADDRESS: PRODUCER NAME&ADDRESS: Environmental Coalition of South Seattle R-1 Specialty,LLC 1011 SW Klickitat Way,Suite 201 326 Admiral Way,Suite 210 Seattle,WA 98108 Edmonds, WA 98020 FORM OF BUSINESS: Corporation PRODUCER CODE: 83141 Item 2. POLICY PERIOD: 05/27/2019 to 05/27/2020 12:01 a.m.Standard Time at the Named Insured's address stated above. Item 3, LIMITS OF INSURANCE: General Aggregate Limit(Other than Products/Completed Operations): $2,000,000 Products/Completed Operations Aggregate Limit: $2,000,000 Personal&Advertising Injury Limit: $1,000,000 Commercial General Liability Each Occurrence Limit: $1,000,000 Damage To Premises Rented To You Limit: $250,000 Medical Expense Limit: $5,000 Errors&Omissions Liability Each Wrongful Act Limit: $1,000,000 Item 4. DEDUCTIBLE/SELF-INSURED RETENTION: See Deductible Schedule Endorsement EN0009 Item 5. RETROACTIVE DATES: Errors&Omissions Liability 05/27/2011 Item 6. PREMIUM: --------_--------__----___-----____ -____ Policy Premium: Premium: $7,495.010 Y $7,495 ',Brokerage Fee: $ 250.00 •, TRIPRA Premium: Excluded Surplus Lines Tax: $ 154.90 Total Policy Premium: $7,495 ,,Stamping Office Fee: $ 7.75 i Minmum Earned Premium: 25% TOTAL: $7,907.65 _ - Minimum Policy Premium: 100% Item 7. AUDIT PERIOD:Not Subject to Audit Basis:Gross Revenue:$1,769,599 Rate:Flat Item 8. FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY: See Form EN0002—Schedule Of Forms And Endorsements THESE DECLARATIONS,TOGETHER WITH POLICY JACKET,FORMS,SCHEDULES AND ENDORSEMENTS,IF ANY,ARE ISSUED AS PART OF AND IN— COMPLETION OF THE ABOVE NUMBERED POLICY. This contract Is registered and delivered as a Countersigned By: surplus line coverage under the insurance code of the state of Washington,Title 48 RCW. It Is not protected by any Washington state EN0001 -1014 guaranty association law.' Authorised Representative Schedule of Forms and Endorsements Form No. Form Title EN0001 Environmental Package Policy Declarations EN0002 Schedule of Forms and Endorsements CS07001 Signature Page EN0004 Claims Reporting EN0005 Service of Process Clause EN0007 Certified Acts of Terrorism and Other Acts of Terrorism Exclusion EN0009 Deductible Schedule Endorsement EN0010 Minimum Premium and Minimum Retained Premium EN0011 Privacy Notice EN0020 Common Provisions EN0021 Commercial General Liability Occurrence Coverage Part EN0025 Errors and Omissions Liability Coverage Part EN0050 Policyholder Notice- Emergency Response Hotline EN0052 Notice of Loss EN0109 Amended Waiver,of Transfer of Rights of Recovery Against Others To Us ENO111 Additional Insured—Owners, Lessees Or Contractors FN0118 Primary and Non-Contributory Additional Insured with Waiver of Subrogation )127 Total Mold Exclusion EN0146 Additional Insured-Managers or Lessors of Premises EN0303 Hired Auto and Non-Owned Auto Liability Insurance EN0304 Stop Gap—Employers Liability Coverage EN0314 Additional Insured—Designated Person Or Organization EN0346 Amendment to Damage to Your Work Exclusion EN0728 Washington Common Policy Conditions EN0137A Additional Insured-Owners, Lessees or Contractors-Automatic Status When Required in Construction Agreement With You IL P 0010104 U.S Treasury Department's Office of Foreign Assets Control ("OFAC")Advisory Notice to Policyholders E N 0002-0211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION VI — COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us tithin the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of your ongoing operations or "your work" performed under a written contract with that person(s) or organization(s) and included in the "products- completed operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0109-0211 Page 1 of 1 CRUM&FORSTER' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional isured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to ,lability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1