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HomeMy WebLinkAboutCAG2020-066 - Original - Raedeke Associates, Inc. - Signature Pointe Levee Biological Consulting Services - 02/20/2020 Agreement Routing Form 400 • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for Steve Lincoln Public Works Date Sent: Date Required: > 2/18/20 2/25/20 O 0. Authorized to Sign: Date of Council Approval: CL ❑ Director or Designee 0 Mayor N/A Q Budget Account Number: Grant? ❑Yes El No D200852 Budget? I]Yes ❑ No Type: Vendor Name: Category: Raedeke Associates, Inc. Contract Vendor Number: Sub-Category: O 497749 O Project Name: Signature Pointe Levee E i O = Project Details:Provide biological consulting services. c a� E Agreement Amount: $41,301 Basis for Selection of Contractor: 62f20/202D Start Date: Mayors signature Termination Date: 12/31/20 Q Local Business? ❑Yes 0 No* *If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: ❑Yes El No CAAr7 z2d—OIDto DatR i ne : Comments: •� z r IVELJ 3 >(Sr-i5N 0 k E. E RECEIVED MDate Routed to the Mayor's Office: t� Date Routed to the City Clerk's Office: VrL.;,Ci Of Kent Office of the Mayor accM22373120 Visit Documents.KentWA.gov to obtain copies of all agreements Z�KNT CONSULTANT SERVICES AGREEMENT between the City of Kent and Raedeke Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Raedeke Associates, Inc. organized under the laws of the State of Washington, located and doing business at 2111 N. Northgate Way, Suite 219, Seattle, WA 98113, Phone: (206) 525-8122, Contact: Chris Wright (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 biological consulting services for wetland and stream critical areas assessment, habitat assessment, and biological evaluation for the Signature Pointe Levee Project. 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, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty One Thousand, Three Hundred One Dollars ($41,301), 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) 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. Counterparts and Sig qatureb Fax g Email.LC This Agreement may be executed in any -�_E_ _ 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. F CONSULTANT: CITY OF KENT: By: By:l� i i '(signature) (signature} 1 Print Name:- Richard W. Lundquist Print Name: Dana Ralph Its President Its Mayor (title) DATE: February 12, 2020 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Wright F Timothy 1. LaPorte, P.E. Raedeke Associates, Inc. I City of Kent 2111 N. Northgate Way, Suite 219 220 Fourth Avenue South Seattle, WA 98133 Kent, WA 98032 (206) 525-8122 (telephone) (253) 856-5500 (telephone) (206) 526-2880 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department A7ESTT I [Kentt'it- Clerk Raedeke S,qnature Pointe/Lincoln CONSULTANT SERVICES AGREEMENT 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City nf Kent iscommitted to cunhJnn 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 hJ||Ovv|ng 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 [iLy's sole determination regarding Su5pHng|Vn 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 l 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 Vf this Agreement, an adherence statement will be signed by rnG, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, l agree to fulfill the five requirements referenced above. By: For: nacuu^r *ssuuates Inc ° Title: President [}ate: 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 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Terms and Conditions for Professional Services Agreement Attachments 1 through 3 This document shall serve as an Agreement for Professional Services between Raedeke Associates, Inc. and The City of Kent for the project known as: Signature Point Levee RAI Project No. 2020-005 PROJECT LOCATION The Signature Point Levee is located in the City of Kent Washington along the right(north) bank of the Green River between the Meyers Golf Levee and the Hawley Road Levee. The project area extends from River Mile 21.7 to 23.2. Documents and drawings received from the City of Kent Public Works Department depict the limits of the study area. PROJECT SUMMARY The scope of our services for this agreement involves tasks associated with: (1) preparation of a wetland and stream critical areas assessment, (2) preparing a FEMA Floodplain Habitat Assessment (HA); and if necessary (3) preparation of a biological evaluation that evaluates impacts to federally threatened and endangered species. These documents will be prepared for review and approval by the City of Kent Department of Planning and Development Services. Our understanding of the project at the time of this proposal is that the City of Kent Department of Public Works Engineering proposes to elevate and extend the Green River levee in the Signature Point area of the City. Proposed work has the potential to impact wetlands in the vicinity of the levee. PROPOSED FEE SCHEDULE FOR ATTACHMENTS 1. Wetland & Stream Critical Areas Assessment[2020-005-001] $21,406.00 2. Habitat Assessment(2020-005-0021 $9,921.00 3. Biological Evaluation (2020-005-003] $9,974.00 Total $41,301.00 COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement and at a cost not to exceed the authorized contract amount without prior approval by the City of Kent. Invoices will reflect costs for actual hours and expenses incurred. HOURLY RATES Sr. Principal $222.00 Associate Principal $200.00 Sr. Scientist/Planner $164.00 Staff Scientist/Planner $143.00 Technical Staff 111 $126.00 Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement—Scope of Services Page 1 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Technical Staff II $116,00 Technical Staff 1 $103.00 Project/Contract Administrator $107.00 Technical/Admin Support Staff $84,00 Expenses Vehicle Mileage $0.575 per mile Fax $0.50 per page Photocopies (black&white) $0.10 per page Prints/plots(8-1/2 x 11, color) $0.40 per page Prints/plots (11x17, color) $0.80 per page Prints/plots (24x36, color) $12.00 per page The estimated cost is valid for tasks specifically described in the following attachments. To ensure that needed tasks are included, please carefully review the: Exclusions, Additional Services, and Change Order sections of this Agreement, if provided. Request to perform tasks not included in this Agreement will result in preparation of a contract amendment or Change Order for extra fees associated with the completion of the additional requested tasks and may result in project documents being held until written authorization is received. The Client Responsibility section provides details of documents or files to be supplied before services can be completed, please review to ensure compliance with these requirements. ATTACHMENT INFORMATION: Each individual attachment for the above services provides a scope of work and proposed fee. No work will commence on tasks outlined in any attachment unless formal notice to proceed for that attachment is received. Following are terms that apply to all of the Attachments. CLIENT RESPONSIBILITY Completion of the services described in the following attachments is based upon timely receipt the City of Kent of previously prepared technical reports for the project site, electronic base files, and or other documents for the project. These documents will be used as base information during the tasks described in the attachments. OVERALL PROPOSAL ASSUMPTIONS: • We assume City of Kent Public Works will supply all access agreements, rights of entry, and authorizations necessary to legally conduct the field work on the project site or neighboring properties; • We assume that the ordinary high water mark (OHWM) of the Green River has been delineated, and does not need to be delineated as part of this scope of work, • We assume base CAD files of existing site conditions and proposed site design will be provided by the City in a timely fashion and will not require review of multiple project designs or concepts, • We assume City of Kent Public Works or their consultants will supply professional land survey of any delineated wetlands or streams and site civil design documentation for incorporation into report documentation described herein. Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement— Scope of Services Page 2 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 • We assume that all civil site development or other engineering design, details, notes, and associated permitting for construction or land use development will be performed by others; • We assume an alternatives analysis for mitigation is not required. No other alternative analysis, watershed studies, or mitigation feasibilities studies are included in this proposal. • We assume City of Kent Public Works or their consultants will be responsible for submitting reports prepared under this contract directly to Federal, State, or other City jurisdictional authorities for necessary approvals to perform the project work. The reports and applications prepared herein do not serve as permission or obviate the need to ensure all appropriate permits are received prior to constructing the project or performing project related activities. • Client or project engineer will provide pertinent site plan information, construction techniques, sequencing information, and a list of associated engineering standards and requirements, considering all available variances or waivers from standard design to further avoid and/or minimize impacts to critical areas. EXCLUSIONS 1) Delineation of streams or wetlands that are located on the left (south) bank of the Green River or that are otherwise not located within the project site. 2) Additional field investigations beyond those described in scope of services on each Attachment. 3) Additional meetings and correspondence beyond those provided in the scope of services for each Attachment. 4) Response to project review comments by the U.S. Army Corps of Engineers, NOAA Fisheries, U.S. Fish and Wildlife Service, Washington Department of Fish and Wildlife, City of Kent, regulatory agencies that may have an interest in the site, the tribes, or the public. 5) Preparation of conceptual or final mitigation plans. 6) Professional survey of wetland or stream boundaries. 7) Tasks associated with preparation of federal, state, or local jurisdiction permit applications, including preparation of graphics depicting wetland or engineering schematics depicting the proposed emergency repair. 8) Preparation of TESC Plans, SWPPP, and all other determinations regarding appropriate BMP's to be implemented during construction of the proposed emergency repair. If these or other tasks not specifically included in this Scope are requested we will prepare a separate Agreement or Change Order to provide the additional services. CHANGE ORDERS Any requests for services not included in this Agreement,will result in the production of a Change Order to cover authorization and agreement for payment for such services. Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement—Scope of Services Page 3 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 If the Scope of Services portion of this Agreement does not accurately describe the services required or is incomplete, please notify the Raedeke Associates, Inc. project manager assigned to the project upon receipt of this document. Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement— Scope of Services Page 4 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT 1 Signature Point Levee WETLAND $STREAM CRITICAL AREAS ASSESSMENT RAI No. 2020-005-001 PROJECT SUMMARY This effort involves tasks associated with preparation of a critical area delineation and assessment report with respect to wetlands and streams for the project as part of SEPA review. SERVICES TO BE PROVIDED • Project initiation: this includes initial correspondence with client, project site background review, and project mobilization. • Field Investigation: this involves field investigation of the project site to delineate any wetlands or jurisdictional waters along the north (right) bank of the Green River(assumes up to 40 staff-hours, or 10 hours for each of four staff). We would collect data on vegetation, soils, and hydrology to support our findings. The area of investigation extends to areas within 300 feet of the proposed project footprint along the north bank. Note: this does not include delineation of the OHWM of the river. • Critical Areas Report: preparation and production of a report and graphics presenting the results of our wetland and stream delineation and impact assessment, consistent with City of Kent requirements for Critical Area Reports (assumes up to 60 staff-hours). • Meetings: This task includes up to 4 staff-hours for meetings by phone or in person with the City of Kent Public Works Department. • Project Coordination and Administration: This task includes correspondence and coordination the City of Kent Public Works or their consultants for scheduling and information acquisition for the project (up to 4 staff-hours) and to provide in-house coordination and administration as necessary during the course of the project. • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement not to exceed the contract amount. Estimated cost of providing services as described in this Agreement is $21,500.00. Invoices will reflect costs for actual hours and expenses incurred. KEY PROJECT STAFF • Project Manager: Christopher W. Wright Vice President • Field Lead: Kolten Kosters PWS, Wetland Scientist -------------- ------ -- - ---------------------------------------- Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement— Scope of Services Page 5 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N.NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 DELIVERABLES AND PROPOSED SCHEDULE • Field Investigations: Field work will be completed within 10 business days from notice to proceed. • Sketch Map and GPS Information: Sketch map, GPS data, and preliminary ratings and buffer information for any wetlands delineated within the study area will be provided within 3 business days of completion of the field investigation. • Critical Areas Report: Draft Critical Areas Report submitted to City within 20 business days of receipt of survey map of any delineated critical areas and maps of the proposed site plan in a suitable electronic format. Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement—Scope of Services Page 6 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT 2 Signature Point Levee HABITAT ASSESSMENT RAI No. 2020-005-002 PROJECT SUMMARY This effort involves tasks associated with preparation of a habitat assessment report related to Federal Emergency Management Agency (FEMA) regulations for projects affecting floodplains. SERVICES TO BE PROVIDED • Project Initiation and Background Review: this task involves initial coordination and scoping with the client and review of background information, including available reference maps and documents for the project site. • Field Investigation: this task includes a one-day field investigation for one staff(up to 6 staff-hours) to review habitat on the project site, focusing on the area of the proposed habitat bench within the 100-year floodplain elevation. We will collect information on vegetation, soil and hydrology to support our findings, as well as other notes pertinent to habitat assessment per FEMA (2013) guidelines. • NFIP Habitat Assessment: this task includes the preparation of a Floodplain Habitat Assessment for the project site consistent with FEMA (2013) and City of Kent requirements describing existing habitat conditions in the vicinity of the project site. This report would provide a summary of habitat including information on wetlands, streams, and river environments as well as their associated buffers. This report will include a summary of the proposed site plan and potential impacts and mitigation measures but assumes no uncompensated impacts to the floodplain (assumes up to 34 staff-hours). Only one proposed site plan will be assessed for purposed of this scope. • Agency Correspondence: This includes up to 4 staff-hours for project correspondence and coordination with the regulatory agencies regarding presence of listed fish species within or downstream of the project site; • Project Coordination and Administration: This task includes correspondence and coordination the City of Kent Public Works or their consultants for scheduling and information acquisition for the project and to provide in-house administration as necessary during the course of the project. • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ASSUMPTIONS 1) Plan Designs including elevations, quantities (aerial and volumetric), and construction processes and timing are available from the project engineers to be provided in the HA. 2) Field characterization will be limited to a visual qualitative characterization of habitat conditions and will include photographs. Raedeke Associates, Inc. February 4 2020 Professional Services Agreement— Scope of Services Page 7 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 3) No federal nexus will occur requiring a Biological Evaluation for compliance with ESA. 4) The effect determination will be May Effect, Not Likely to Adversely Affect (NLAA) listed species or critical habitat. 5) Response to draft report comments from Kent Public Works and Planning Department will be limited to 2 hours each. EXCLUSIONS 1) No field sampling or measurements will be taken for habitat,water quality, flow or other related elements 2) The HA report will not include formatting or content needed for preparation of a Biological Evaluation for ESA compliance. COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement not to exceed the contract amount. Estimated cost of providing services as described in this Agreement is $10,000.00. Invoices will reflect costs for actual hours and expenses incurred. KEY PROJECT STAFF • Project Manager: Christopher W. Wright, Vice President • Field Lead: Bill Taylor, Aquatic Scientist DELIVERABLES AND PROPOSED SCHEDULE • Field Investigations: Field work will be completed within 10 business days from notice to proceed. • NFIP Habitat Assessment: Draft Report submitted to City within 20 business days of completion of field investigation and receipt of all design drawings and documents for the proposed plans. ----------- -- Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement— Scope of Services Page 8 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 98113 (206)525-8122+FAX: (206)526-2880 Scope of Services for Professional Services Agreement ATTACHMENT 3 Signature Point Levee BIOLOGICAL EVALUATION RAI No. 2020-005-003 PROJECT SUMMARY This provides for tasks associated with preparation of a Biological Evaluation (BE)of the addressing project impacts of the proposed levee improvement project on federally listed (endangered or threatened) species, if required as part of permitting review for impacts to critical areas. SERVICES TO BE PROVIDED • Project Initiation and Background Review: this task involves initial coordination and scoping with the client and review of background information; including available reference maps and documents for the project site. • Field Investigation: This task involves a single field investigation by one staff member (up to 6 staff-hours, including preparation and travel)to visually characterize property site conditions for preparation of the Biological Evaluation. We do not propose to conduct a stream survey or any biological sampling or new analysis of streams or water bodies to determine fish use, populations, water quality, or ground water conditions. • Biological Evaluation: This task includes preparing a Biological Evaluation suitable for review by permitting agencies to make a determination of effect on protected species (assumes up to 38 staff-hours for preparation and production of the report and associated graphics), • Agency Correspondence: This includes up to 4 staff-hours for project correspondence and coordination with the regulatory agencies regarding presence of listed species within or downstream of the project site; • Project Coordination and Administration: This task includes correspondence and coordination the City of Kent Public Works or their consultants for scheduling and information acquisition for the project and to provide in-house administration as necessary during the course of the project. • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ASSUMPTIONS 1) The biological evaluation will be produced independent of the FEMA Habitat Assessment. 2) Mitigation plans sufficient to address any impacts to Waters of the US will be developed separately. 3) Response to draft report comments from Kent Public Works and Planning Department will be limited to 2 hours each, and two hours for final report production. Raedeke Associates Inc. February 4, 2020 Professional Services Agreement—Scope of Services Page 9 Signature Point Levee 2020-005 RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY,STE 219+SEATTLE,WASHINGTON 58113 (206)525-8122+FAX: (206)526-2880 4) The effect determination will be May Effect, Not Likely to Adversely Affect(NLAA) listed species or critical habitat. EXCLUSIONS 1) No field sampling or measurements will be taken for habitat,water quality, flow or other related elements. 2) The BE report will not include formatting or content needed for preparation of a HA for FEMA National Flood Insurance Program compliance. 3) Mitigation plans sufficient to address any impacts required will be scoped separately, COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement not to exceed the contract amount. Estimated cost of providing services as described in this Agreement is $10,000.00. Invoices will reflect costs for actual hours and expenses incurred. KEY PROJECT STAFF • Project Manager: Christopher W. Wright, Vice President • Field Lead: Bill Taylor, Aquatic Scientist DELIVERABLES AND PROPOSED SCHEDULE • Field Investigations: Field work will be completed within 10 business days from notice to proceed. • Biological Evaluation: Draft Report submitted to City within 20 business days of completion of field investigation and receipt of all design drawings and documents of the proposed plans. Raedeke Associates, Inc. February 4, 2020 Professional Services Agreement— Scope of Services Page 10 Signature Point Levee 2020-005 C o N CDV ffl 01 M M m N to y> V N m E9 !}� m O LO CC) O O O Q N LO N (01) fA 61 c a x 0 W � to t N O) M O O p N .} d H t m N a O t- 'Fa O V Y � L — N N t^J ai m — H mID _ V — N fF1 u @ U w c.} 7 m N V O O co O � a a m m co aj•C c V1 V Q u O O V Q co C ,� — > a u = m f- 00 a N m rq O .G LbD a IL U 's N �_+ N ❑ � �) CO N V CV U c a a y m m � m Q � v Q A u v` c v E v E fO E �n v N v v o CO2$ N � a c m on 0 v m o a x m C O + N M "o a o 0 0 c m � m m m E l 4 4 v o O a N Y v •�. > Y N m o a w � ? u 0 c m cr v° 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 $1,000,000 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 $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current 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. Client#: 1045350 RAEDEASC ACORD, CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 2/12/2020 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Please See Below: USI Insurance Services NW PR a/CNN,Ext:206 441-6300 FAX NO), 610-362-8530 601 Union Street,Suite 1000 E-MAIL Seattle,WA 98101 ADDRESS: pl.certrequest@usi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of America 25666 INSURED Raedeke Associates Inc. INSURER B:Travelers Casualty&Surety Co.of Amer 31194 INSURER C:Phoenix Insurance Company 25623 2111 N. Northgate Way,#219 Seattle,WA 98133 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 CONTRACTOR 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. INSLTRR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6809H343444 3/31/2019 03/31/2020 EACH OCCURRENCE $2000000 CLAIMS-MADE 7X OCCUR PREMISESOEa occur°nce $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PR POLICY X�JECOT F—xl LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY X X BA9C619788 3/31/2019 03/31/202 (CEO,e cdeDtSINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS ONLY X NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION X 6809H343444 3/31/2019 03/31/202 PER X O AND EMPLOYERS'LIABILITY TH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional X 107062701 3/31/2019 03/31/2020 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: RAI Project No.2020-005; Project Name: Signature Point Levee. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,City of Kent,only when there is a written contract that requires such status,and only with regard to work performed on (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIIZE'D•REPRESENTATIVE h ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S27905534/M25254104 SRSJV DESCRIPTIONS (Continued from Page 1) behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with "Primary and Noncontributory"wording,when required by written contract. The General Liability,Automobile Liability and Professional Liability policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3(2016/03) 2 of 2 #S27905534/M25254104 POLICY: BA9C619788 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION 11 —COVERED AUTOS 2. The following replaces Paragraph b. in B.S., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section 11. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto"that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 U 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II —COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowed from your"employee". SECTION II—COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.I. of SEC- We will pay up to $50 per day to a maximum of$1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: Hired Auto Physical Damage Coverage The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan orlease; and ranty; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident' or"loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY NUMBER: 680-9H343444-19-47 ISSUE DATE: 01/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: CITY OF KENT ADDRESS: 400 WEST GOWE KENT WA 98032 PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we and a number of days is shown for cancellation in will mail notice of the nonrenewal to the person or the schedule above, we will mail notice of cancel- organization shown in the schedule above. We lation to the person or organization shown in the will mail such notice to the address shown in the schedule above. We will mail such notice to the schedule above at least the number of days address shown in the schedule above at least the shown for nonrenewal in the schedule above be- number of days shown for cancellation in the fore the expiration date. schedule above before the effective date of can- cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 POLICY: 107062701 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY THE COMPANY This endorsement changes the following: Professional Liability Terms and Conditions PROVISIONS: If the Company cancels this policy for any statutorily permitted reason other than nonpayment of premium, the Company will mail or deliver notice of cancellation to the Person or Entity shown in the Notice Schedule below. The Company will mail or deliver such notice to the address provided by the Named Insured at least the number of days shown for cancellation in such Notice Schedule before the effective date of cancellation. Notice Schedule Number of Days Notice of Cancellation: 30 Person or Entity: City of Kent, 220 Fourth Avenue South, Kent WA 98032 Any person or entity to whom the Named Insured has agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. the Named Insured sends the Company a written request to provide such notice, including the name and address of such person or entity, after the Named Insured receives notice from us of the cancellation of this policy; and 2. The Company receives such written request no later than 10 days after the Named Insured receives the notice of cancellation. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, exclusions or limitations of the above-mentioned policy, except as expressly stated herein. This endorsement is part of such policy and incorporated therein. Issuing Company:Travelers Casualty and Surety Company of America Policy Number: PTC-2070 Ed. 05-11 Page 1 of 1 ©2011 The Travelers Indemnity Company.All Rights Reserved POLICY: BA9C619788 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires conduct of another"insure that person or onsured".ation's liability for the this insurance to be primary and non-contributory. CA T4 74 02 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9H343444-19-47 OFFICE PAC ISSUE DATE: 01/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK"AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG T8 04 03 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9H343444-19-47 OFFICE PAC ISSUE DATE: 01/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG T8 04 03 19 Page 2 of 2 CHANGE EFFECTIVE DATE: 03-31-19 COMMERCIAL AUTO POLICY ENDORSEMENT - IL T8 03 03 19 POLICY NUMBER BA-9C619788-19-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** NOTICE OF CANCELLATION IT IS AGREED THAT: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NONPAYMENT OF PREMIUM WE WILL MAIL NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR CANCELLATION IN THE SCHEDULE ABOVE BEFORE THE EFFECTIVE DATE OF CANCELLATION. B. IF WE DECIDE TO NOT RENEW THIS POLICY FOR ANY STATUTORILY PERMITTED REASON, AND A NUMBER OF DAYS IS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE, WE WILL MAIL NOTICE OF THE NONRENEWAL TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE BEFORE THE EXPIRATION DATE. EFFECTIVE DATE 03-31-19 EXPIRATION DATE 03-31-20 PAGE 0001 DATE OF ISSUE 09-18-19 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9H343444-19-47 OFFICE PAC ISSUE DATE: 01/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) - OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1 ) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed;subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG T8 01 03 19 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9H343444-19-47 OFFICE PAC ISSUE DATE: 01/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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 ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR "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 INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: CG T8 03 03 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9H343444-19-47 OFFICE PAC ISSUE DATE: 01/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS INSURED DOES NOT APPLY TO "BODILY INJURY' OR "PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY' OR "ADVERTISING INJURY' ARISING OUT OF AN OFFENSE COMMITTED, 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 D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc_ with its permission. CG T8 03 03 19 Page 2 of 2