Loading...
HomeMy WebLinkAboutCAG2020-043 - Original - Aspect Consulting, LLC - Wellhead Protection Program Techinical Support - 02/04/2020 Agreement Routing Form • For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. K EN T WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for Evan Swanson Public Works Date Sent: Date Required: > 2/5/20 2/7/20 O fl- Authorized to Sign: Date of Council Approval: Q0 Director or Designee ❑ Mayor N/A Budget Account Number: Grant? ❑Yes 0 No W20066 Budget? 0 Yes ❑ No Type: Vendor Name: Category: Aspect Consulting, LLC Contract Vendor Number: Sub-Category: = 40579 O Z Project Name: Wellhead Protection Program E O c Project Details:Provide on-call technical support. c a� E Agreement Amount: $20,000 Basis for Selection of Contractor: Start Date: 2/4/20 Termination Date: 12/31/21 a Local Business? ❑Yes ❑ No* *If meets requirements per KCC 3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice re q ed prior to disclosure? Contract Number: ❑Yes�f to C A 2OZ_O _ Date Received by City Attorney: Comments: C O 3 � � N •� i GJ � c M C Cn Date Routed to the Mayor's Office: t/Y Date Routed to the City Clerk's Office: ad«W22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements • KENT WA= I To CONSULTANT SERVICES AGREEMENT between the City of Kent and Aspect Consulting, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aspect Consulting, LLC organized under the laws of the State of Washington, located and doing business at 710 Second Ave., Suite 550, Seattle, WA 98104, Phone: (206) 838-5830, Contact: Steve Germiat (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide on-call technical support for the Wellhead Protection Program. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Thousand Dollars ($20,000), 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 A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 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 Consu►tant'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 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. 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 CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. ------------ CONSULTANT: CITY OF KENT: By: B)� (signature (signature) Print Name: 41 1 Print Name: Timothy J. LaPorte, P.E. Its: Its: Public Works Director (title) DATE: DATE: Z-0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: i CITY OF KENT: Steve Germiat Timothy J. LaPorte, P.E. Aspect Consulting, LLC City of Kent 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 53;eP (206) 838-5830 (telephone) (253) 856-5500 (telephone) N/A (facsimile) 253 856-6500 (facsimile ATTEST: 1 Kent City Clerk Aspect Consulting-Wellhead Protection Prog 3/Swanson CONSULTANT SERVICES AGREEMENT 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ' ';w For: 4 , as Title: ---- Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A `%As ect CONSULTING January 272020 Mr. Pat Fitzpatrick City Attorney City of Kent Law Department 220 Fourth Ave South Kent, Washington 98032-5895 Re: Proposal for Wellhead Protection Program Technical Support Project No. 090015 Aspect Consulting, LLC (Aspect)respectfully submits this proposal to continue our on-call technical support to the City of Kent(City) regarding its Wellhead Protection Program. Scope of Work Aspect will provide the City with on-call technical and regulatory consultation pertaining to its Wellhead Protection Program, including oversight of the Landsburg Mine Site cleanup. For the purposes of this contract,we will provide the following general services as requested by the City: • Assistance with updates to the Wellhead Protection Program. • Assistance with wellhead protection monitoring activities and data interpretation. • Providing technical consultation to the City regarding the cleanup implementation and monitoring for the Landsburg Mine Site, with a focus on ensuring protection of the City's water supply sources. This may include coordination with Ecology or other stakeholders regarding the cleanup. • Maintaining regular communications with the City regarding the project. Our on-call services will be billed on a time-and-materials basis in accordance with the attached Schedule of Charges,and will not exceed $20,000 without prior written authorization from the City. We appreciate the opportunity to continue our involvement in this project. Please contact me at 206-838-5830 if you have questions regarding this proposal. Sincerely, Aspect consulting Steve f ermiat,LHG, CGWP Principal Hydrogeologist sgermiat@aspectconsulting.com Attachment: Aspect Consulting, LLC Schedule of Charges, Effective January 2020 VA090015 Landsburg Mine SiteWontractsTroposai MaterialTroposal for Wellhead Protection'rech Support_20200127-090015.docx gg u a Nfkirt `o- � i\A �� C '3 <a n., �\"iVAVA\A\V� AR �a� �VA� + Y s�a a,' x< !x m; A g I �� Yi � 05 � \\� n ry SCHEDULE OF CHARGES spec " Effective January 2020 CONSULTING Unless otherwise stated in the proposal or services agreement,current rates are as follows: PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate Principals and Associates Principal Scientist/Engineer/Analyst 2 $263 Principal Scientist/Engineer/Analyst 1 $249 Sr.Associate Scientist/Engineer/Analyst $230 Associate Scientist/Engineer/Analyst $215 Technical Professionals Senior Scientist/Engineer/Analyst 3 $215 Senior Scientist/Engineer/Analyst 2 $202 Senior Scientist/Engineer/Analyst 1 $188 Project Scientist/Engineer/Analyst 3 $173 Project Scientist/'Engineer/Analyst 2 $160 Project Scientist/Engineer/Analyst 1 $150 Staff Scientist/Engineer/Analyst 3 $'38 Staff Scientist/Engineer/Analyst 2 $'25 Staff Scientist/Engineer/Analyst 1 $1 16 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rate FieldlConstruction Staff field/Construction Supervisor $128 Field Technician 2 $104 Field Technician 1 $97 Design,CAD,and Graphics Staff Engineering Designer $150 Sr.CAD Technician/Specialist $'35 CAD Technician $1 19 Technical Editing and Project Operations Sr.Technical Editor $120 Technical Editor/Project Coordinator 3 $109 Project Coordinator 2 $i 01 Project Coordinator 1 $96 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Hourly Rate Sr.Technology Project Manager $224 Technology Project Manager $208 Senior Software/Databose Architect/Developer $213 Software/Database Architect/Developer $187 OTHER DISBURSEMENT CHARGES Legal Testimony(4-hour minimum) $350/hr Mileage Feder:ol Gov Rate Plus 15% Subcontroctors and Miscellaneous Expenses Cost Plus 15% Other equipment,rentals, and expenses will be provided on a per job basis. Client acknowledges that Aspect wilt od,'ust the Schedule of Charges annually,and that the Agreement will remain valid for any and ail annually adjusted Schedule of Charges. 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 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. OP ID: SR ACU/ZO DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/27/2019 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 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: Sprague Israel Giles PHONE FAX 1501 Fourth Avenue,Suite 730 AIc No Ext: AIc No: Seattle,WA 98101.3225 E-MAIL ADDRESS: John M.Policar PRODUCER ASPEC-1 CUSTOMER ID#: INSURERS AFFORDING COVERAGE NAIC# INSURED Aspect Consulting, LLC INSURER A:Lloyds of London-A+:XII 15792 350 Madison Avenue North INSURERB:AIImerlcaFinancial-A:XV 41840 Bainbridge Island,WA 98110 INSURER C:National Union Fire Ina:A:XV 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR ADDLTYPE OF INSURANCE NqR SUB POLICY NUMBER MM POLICY/D LTR /YYYY MM DD/YYYY LIMITS LT GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X EMP19001631-01 10/01/2019 10/01/2020 pRAEMISES Ea Occurrence $ 100,00 CLAIMS-MADE Lx1 OCCUR MED EXP(Any one person) $ 10,00 NON ADMITTED PERSONAL&ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 5,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,00 POLICY X JFCT PRO LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 (Ea B X ANY AUTO AW2-D413706-03 10/01/2019 10/01/2020 accident) BODILY LY INJURY(Per person) $ X ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIREDAUTOS (PER ACCIDENT) X NON-OWNEDAUTOS Comp Ded $ 50 Coll Ded $ 50 UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 5,000,00 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00 C X EBU080703509 10/01/2019 10/01/2020 DEDUCTIBLE $ X RETENTION S NIL $ WORKERS COMPENSATION TWO STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS X YIN ER A ANY PROPRIETOR/PARTNER/EXECUTIVE NIA EMP19001631-01 10/01/2019 10/01/2020 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 A Professional Liab EMP19001631-01 10/01/2019 10/01/2020 Ea Claim 5,000,00 A Pollution Liab NON ADMITTED Total Clm 5,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is additional insured if required by written contract or agreement,subject to the General Auto&Excess Liability additional insured provision endorsements.insurance is Primary&Non Contributory. 30 days notice of cancellation Contract#090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Policy Number: EMP19001631-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to name as an Additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy Number: EMP1 900 1 63 1-0 1 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 3 AW2-D413706-03 "° t'anover tnsurance Group. AW2D413706 0901621 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: ---- ------- SCHEDULE Name(s)Of Person(s) Or Organization(s): BLANKET WHERE REQUIRED BY CONTRACT I i - -------- . .. ....._ _._. - .- ------- — - ........ _..- Information required to complete this Schedule, if not shown above, will be shown in the Declarations The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. 461-0500 11 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 30 DAYS NOTICE OF CANCELLATION This endorsement changes the Policy. Please read it carefully. If this policy is cancelled prior to the expiration date, we will mail thirty (30) days written notice to: City of Kent 400 West Gowe Kent,WA 98032 If this policy is cancelled for non-payment of premium,we will mail ten (10) days written notice. Failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. All other policy terms and conditions remain unchanged PG PL 079 0416 Page 1 of 1 AW2-D413706-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. The following is added to SECTION II — LIABILITY COVERAGE, Paragraph A.1. Who Is If you agree in a written contract, written An Insured: agreement or written permit that the insurance Additional Insured if Required by Contract provided to a person or organization who qualifies If you agree in a written contract, written as an additional "insured" under SECTION II — agreement or written permit that a person or LIABILITY COVERAGE, Paragraph A.1. Who Is organization be added as an additional "insured" An Insured, subparagraph Additional Insured if under this Coverage Part, such person or Required by Contract is primary and non- organization is an "insured"; but only to the extent contributory, the following applies: that such person or organization qualifies as an The liability coverage provided by this Coverage "insured" under paragraph A.1.c. of this Section. Part is primary to any other insurance available to If you agree in a written contract, written the additional "insured" as a Named Insured. We agreement or written permit that a person or will not seek contribution from any other insurance organization be added as an additional "insured" available to the additional "insured" except: under this Coverage Part, the most we will pay on (1) For the sole negligence of the additional behalf of such additional"insured" is the lesser of: "insured"; or (1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership, specified in the written contract, written maintenance or use of any "auto" not owned agreement or written permit; or by the additional "insured" or by you, unless (2) The Limits of Insurance for Liability Coverage that "auto" is a "trailer" connected to an "auto" shown in the Declarations applicable to this owned by the additional "insured" or by you; or Coverage Part. (3) When the additional "insured" is also an Such amount shall be part of and not in addition to additional "insured" under another liability the Limits of Insurance shown in the Declarations policy• applicable to this Coverage Part. Regardless of C. This endorsement will apply only if the "accident' the number of covered "autos", "insureds", occurs: premiums paid, claims made or vehicles involved 1. During the policy period; in the "accident', the most we will pay for the total of all damages and "covered pollution cost or 2. Subsequent to the execution of the written expense" combined resulting from any one contract or written agreement or the issuance "accident" is the Limit of Insurance for Liability of the written permit; and Coverage shown in the Declarations. 3. Prior to the expiration of the period of time that B. The following is added to SECTION IV — the written contract, written agreement or BUSINESS AUTO CONDITIONS, Paragraph B. written permit requires such insurance to be General Conditions, subparagraph 5. Other provided to the additional "insured". Insurance: D. Coverage provided to an additional "insured" will Primary and Non-Contributory not be broader than coverage provided to any other"insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. Page 1 of 1 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office,Inc.,with its permission POLICY NUMBER: EMP19001631-01 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s) or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However,this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 Page 1 of 1