Loading...
HomeMy WebLinkAboutCAG2020-187 - Original - Confluence Environmental Company - GRNRArea North Pump Station Critical Areas Study - 06/16/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and Confluence Environmental Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Confluence Environmental Company organized under the laws of the State of Washington, located and doing business at 146 Canal Street, Suite 111, Seattle, WA 98103, Phone: (206) 999 -6201, Contact: Kerrie McArthur (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct a critical areas study and prepare a Critical Areas Report for the Green River Natural Resource Area North Pump Station project. For a description, see the Consutlant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The 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. The 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 Eight Thousand, Six Hundred Fifty Dollars ($8,650), 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 a nd 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 immedi ately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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: 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 the 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 the 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 req uired by the 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 dat a within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able t o perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or del ay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this cla use will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII.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. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City A dministrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII.INDEMNIFICATION. The 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 connecti on 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 the 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 the 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 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 the 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 the 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. IX.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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall bel ong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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 th e City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. 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 writing to an alternative dispute resol ution 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 VIII 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 withou t 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 ent ering 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 the 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. Counteroarts and Signatures bv Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective onthe 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 deemedto have applied. P:\Publlc\Administrat¡on\Contracts\Contracts Prepared (Kathi)\Confluence Environmental Co CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) CONSULTANT: C)-4By (sÌgnature) Print Name: Chris Cziesla Its CEO (title) DATE:June 11,2020 CITY OF KENT: Print Name: Its: Timothy J. LaPorte, P,E Public Works Director DATE 2.a zo NOTICES TO BE SENT TO: CONSULTANT: Kerrie McArthur Confluence Environmental Company 146 Canal Street, Suite 111 Seattle, WA 98103 (206) 999-6201 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E, City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-ss00 (telephone) (253) 856-6500 (facsimile) ATTEST: Kent City Clerk EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1.I have read the attached City of Kent administrative policy number 1.2. 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3.During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4.During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5.Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Chris Cziesla Confluence Environmental Company CEO June 11, 2020 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ ""ñtfCoNFLUENCEENVIRONMENTAL COMPANYJune 5,2020Mr. Tobias Hallocþ P.E., C.F.MEnvironmental EngineerCity of Kent220 4th Avenue SouthKent, WA 98032Re: Green River Natural Resource Area Pump station criticalArea studyDear Toby:On behalf of Confluence Environmental Company (Confluence), I am pleased to present you withthis Scope of Work (SOW) to conduct a critical areas study on tax parcels 1122049005 and 6600070010,located in the northeast corner of the Green River Natural Resource Are4 and in thesoutheast comer o120403 68th Avenue $ in Ken! Washington. It is our understanding that youwould like to construct a pump station that discharges into the existing drainage system.Confluence assumes that you will provide access and/or right-of-entry to the subject property forour team to conduct this work.This SOW is to conduct the necessary investigations to determine the presence or absence ofwetlands and streamÐ and to prepare a Critical Areas Report to be submitted to regulatingagencies as supporting documentation of permit applications. The documentation of other criticalareas on-site, such as landslide hazard areas, steep slopes, etc., is not included in this SOW.SCOPE OF WORKThe below information details our proposed SOW to conduct a critical areas study and prepare aCritical Areas Report.Task I Desktop AnalysisConfluence will search the following online databases to evaluate the presence and classificationof streams and wetlands on the property.. Kent GIS. King County iMAP. U.S. Fish and Wildlife Service National Wetlands Inventory' Washington Department of Fish and Wildlife (WDFW) Priority Habitat and Species. WDFW SalmonScape146 N Canal St, Suìte 111 o Seattle WA 98103 . www.conf env.comExhibit A Mr. Tobias HallockJune 5, 2020¡G'tsCoNrlu¡NceTNVIRONMENTAI COMlANYConfluence will also review Kent Municipal Code (KMC) to determine the standard bufferrequirements of wetlands and streams identified in the databases as being on-site or within 225feet (ft) of the property. It is necessary to search within 225 ftof the property to determine ifwetland buffers from off-site wetlands encroach onto the property. (225 ftis the largest wetlandbuffer identified in KMC.)The data obtained from this task will be used to develop a strategy for conducting fieldinvestigations.Prior to proceeding with Task 1, written Notice To Pr'oceed (NTP) will need to be obtained fromthe City.Estimated cost for Task 1: $350Task 2 Gritical Areas Site lnvestigationConfluence will conduct a site visit to assess, delineate, and charactenze any wetlands andstreams on-site. We will also conduct a reconnaissance of off-site properties within 225 ft of theproperty to determine if off-site wetlands or streams are present whose buffers could encroachonto the property.WetlandsIf visual indicators of wetland vegetation or standing water are identified on-site during the sitevisit, Confluence will also determine if the area is a wetland and delineate the wetland boundary.Confluence will delineate wetland boundaries using the Routine Determinations methoddescribed by the U.S. Army Corps of Engineers Wetland Determination Manual (Corps 1987) andthe local Regional Supplement (Corps 2010) to comply with city and federal regulations.Confluence will flag the wetland boundary and record the wetland boundary using a differentialGlobal Positioning System (GPS) (e.9., Trimble Geo XT). However, with the dense tree canopy,the GPS may not be able to record the location of the wetland boundary flagging to sub-meteraccuracy. If this is the case, you will need to hire a surveyor to conduct a site visit and record thelocation of the wetland boundary flags placed by Confluence.If visual indicators of wetland vegetation or standing water are observed off-site within 225 ft ofthe property, Confluence will conduct a reconnaissance of the wetlands and determine theirapproximate location.Confluence will document the presence or absence of wetlands with field data forms.www. co nfe n v. compage 2 of 6 i-Mr. Tobias HallockJune 5, 2020lsÇp¡uru¡Nc¡ENVI RONMENTÅL COMPANYSfreamsAs required by the City of Kent Confluence will assess the stream according to the KMC andWashington Administrative Code. We will delineate the ordinary high water mark (OHWM)following the methods described in Determining the Ordinary High Water Mark for ShorelineManagement Act Compliance in Washington State (Anderson et al. 2016). We will mark theOHWM with flagging and record the location of the flags using a differential GPS. However, withthe dense tree canopy, the GPS may not be able to record the location of the OHWM flagging tosub-meter accuracy. If this is the case, you will need to hire a surveyor to conduct a site visit andrecord the location of the OHWM flags placed by Confluence.Confluence will document the presence or absence of OFIWM indicators with field notes.Based on our preliminary assessment of the property, we assume that the delineation can becompleted by 2 biologists within 8 hours, including travel time. Our cost estimate for this taskwas based on the following assumptions:. Travel time is less than 60 minutes total.' If flagging is surveyed by a licensed surveyor, Confluence will provide the surveyor withthe GPS data collected so that Confluence will not need to be on-site during the survey.With this GPS data, the surveyor can locate flagging themselves.' The surveyor will provide Confluence an electronic file of the recorded flagging locationsin a georeferenced shapefile format and Confluence will not have to rectify data or exportdata to a shapefile format.' The site is not overgrown by dense vegetation such that navigating the site is difficult andtime consuming.' Wetlands may be present on the site, but the site is not encumbered by a wetland mosaic.A wetland mosaic is an area with a concentration of multiple small wetlandg in whicheach patch of wetland is less than 1 acre; on average, patches are less than 100 ft from eachother; and areas delineated as vegetated wetland are more than 50% of the total area of theentire mosaic, including uplands and open water.If conditions differ from our assumptions, additional scope may be needed to complete the task,and we will coordinate a contract amendment prior to conducting the work.Prior to proceeding with Task 2, written Notice To Proceed (NTP) will need to be obtained fromthe City.Estimated cost of Task 2: $2,800www.confenv.compage 3 of 6 Mr. Tobias HallockJune 5, 2020ãhtsÇaNIIUINçITNVIRONMÊNTÂL COÞtIANYTask 3 Critical Areas ReportOnce we complete Tasks 1. and2, we will prepare a Critical Areas Report following the guidelinesprovided by the City of Kent. Confluence will provide 1 electronic copy of the draft report foryour review. We will incorporate your conunents into a final report. An electronic copy of thefinal report will be provided. Confluence will also provide a shapefile of the location of criticalareas and their buffers.The Critical Areas Report will include a figure showing the location of critical areas (i.e., wetlandsand/or stream) determined to be present during Task 2. The wetland section will include thedelineated wetland edge and their buffers according to KMC. If wetlands are present, the reportwill also include the wetland rating determination using the 2014 Wetland Rating System (Hruby201.4, as required by KMC. If impacts to the wetland or wetland buffer would occur, the CriticalAreas Report will include a conceptual mitigation plan.It is assumed that we can prepare the Critical Areas Report within 34 hours, including GISanalysis, report writing, and report production. Our cost estimate for this task was based on thefollowing assumptions :. GIS analysis and figure creation can be completed in 6 hours.' Report writing and production of draft and final documents can be completed in 28 hours.' Only 1 round of revisions is required prior to finalization of the report.Prior to proceeding with Task 3, written Notice To Proceed (NT") will need to be obtained fromthe City.Estimated cost of Task 3: $5,500SCHEDULETable 1 provides an estimated schedule for the project.Table 1. Summary of Tasks and ScheduleWithin 1 week from NTPWithin 2 weeks from NTPDraft report - within 3 weeks from NTPFinal report - within 3 weeks fromreceivinq commentsDraft report - within 3 weeks from NTPFinal report - within 3 weeks fromreceivinq commentsDesktop AnalysisCritical Areas I nvestigationCriticalAreas ReportMitigation PlanTask ITask 2Task 3Task 4ScheduleTitlewww. co n fe n v. compase 4 of 6 BUDGETTable 2 provides an overview of the budget for each task presented above. The total estimatedcost provided for the services as described above is $8,650. The project will be billed on a time-and-materials basis. If invalid assumptions or changes to the SOW occur and result in additionaltime and materials beyond what is described in this scope, we will coordinate a contractamendment prior to,conducting the work.Table 2. Summary of Tasks and BudgetIf you have any comments or questionÐ please feel free to contact me at the email address or phonenumber provided in my signature block below. I look forward to working with you on this project!Respectfully yourtUtfurJ'h4-,_KERRIE MCARTHURSenior Biologist206.999.6201 | kenie.mcarthur@confenv.comMr. Tobias HallockJune 5, 2020ô-bhtfCoNrlu¡ryç¡TNVI RONM ENT¡1I. COMTANY$sso$z,eoo$s,soo$a,osoDesktop AnalysisCritical Areas lnvestigationCriticalAreas ReportTask 1Task 2Task 3Total Estimated Proposal Cost:Estimated BudgetTitlewww.confenv.compage 5 of 6 Mr. Tobias HallockJune 5, 2020ãì;CoNrrurNcsñVrRoNMËNTÅr courAlsyREFERENCESAndersory P.S., S. Meyer, P. Olsory and E. Stockdale.2016. Determining the ordinary high watermark for Shoreline Management Act compliance in Washington State. October 2016 finalreview. Washington State Department of Ecology, Shorelands & Environmental AssistanceProgram, Lacey, Washington. Ecology Publication No. 16-06-029.Corps (U.S. Army Corps of Engineers).1957. Corps of Engineers wetlands delineation manual.Corps Environmental Laboratory, Waterways Experiment Statiory Technical Report Y-87-1,,Vicksburg Mississippi.Corps.2010. Regional supplement to the Corps of Engineers wetland delineation manual: westernmountains, valley+ and coast region. U.S. Army Engineer Research and Development Center,ERDCÆL TR-08-13, Vicksburg Mississippi.Hruby, T. 201'4. Washington State wetland rating system for western Washington,2}'l.4update.Washington State Department of Ecology, Publication # 14-06-029, Olympia, Washington.www. con fen v. comp4e6of6 ffi"tîCoNF LUENCEENVIRONMINTAL COMPANYzozo Standard Rates32227.243L2t214B912S22oS22o$a75$a7o5a7o5a7o$145$13o$ro5s75s45$9o$90ç75Senior PrincipalMarine/FisheriesSenior Principal PlannerManaqinq Senior ScientistSenior EcoloqistSenior BioloqistSenior Marine BioloqistProlect Bioloqist ¡Project Bioloqist zProject BioloqistStaff BiologistResearch AssistantEditorAccountingAdministrativeStandard Rate Task r Task z Task 3 Total2020Title146 N Canal St, Suite rrt o Seattle, WA 98ro3. www. confenv. com 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. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B.Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C.Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2.The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3.The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E.Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F.Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/16/2020 (425) 952-2661 10172 Confluence Environmental Company 146 N Canal St #111 Seattle, WA 98103 24082 24074 A 5,000,000 X X G27563521006 3/5/2020 3/5/2021 50,000 WA Stop Gap 10,000 5,000,000 5,000,000 5,000,000 1,000,000B BAS57702471 3/5/2020 3/5/2021 4,000,000C ESO57702471 3/5/2020 3/5/2021 4,000,000 10,000 A G27563521006 3/5/2020 3/5/2021 1,000,000 1,000,000 1,000,000 A Pollution Liab.G27563521006 3/5/2020 Ded: $2,500/Ea Condi 5,000,000 A Professional Liab.G27563521006 3/5/2020 3/5/2021 Ded: $2,500/Ea Claim 5,000,000 Re: Green River Natural Resource Area North Pump Station project City of Kent is included as an Additional insured per written contract. Coverage is Primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Kent 220 Fourth Avenue S. Kent, WA 98032 CONFENV-01 R1KJOHNSON AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Kassi Johnson kassi.johnson@assuredpartners.com Westchester Surplus Lines Insurance Company Ohio Security Insurance Company The Ohio Casualty Insurance Company X 3/5/2021 X X X X X X X X X ENV-3250 (12/18) (221012.1) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 2 ADDITIONAL INSURED ENDORSEMENT – ONGOING WORK OR OPERATIONS Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 TO 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Organization(s): As required by written contract, prior to a loss to which this insurance applies (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.SECTION II -WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule,but only with respect to liability for injury or damage,to which this insurance applies, 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 insureds. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a.All work or operations,including materials,parts or equipment furnished in connection with such work or operations,on the project (other than service,maintenance or repairs)to be performed by you or on your behalf at the site of the covered operations has been completed; or ENV-3250 (12/18) (221012.1) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 2 b.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 the additional insured as a part of the same project. C.With respect to the insurance afforded to these additional insureds,the following is added to SECTION III – LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3251 (12/18) (221012.2) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT – PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 TO 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 injury or damage,to which this insurance applies,caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard,and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds,the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3252 (12-18) (266562.1)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 TO 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR’S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to,and will not seek contribution from,any other insurance available to an additional insured under this policy, provided that: a.The additional insured is a named insured under such other insurance; and b.You have agreed in a written contract or agreement that this insurance would: (1)act as primary insurance; and (2)would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3143 (03-05)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 to 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard.This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-7124 (03-14)Includes copyrighted material of Insurance Services Office, Inc., with its permission ©Chubb. 2016. All rights reserved. Page 1 of 2 DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT – ALL PROJECTS CONTRACTUAL LIMITATION Named Insured Confluence Environmental Company Endorsement Number Policy Symbol EPW Policy Number G27563521 006 Policy Period 03/05/2020 to 03/05/2021 Effective Date of Endorsement 03/05/2020 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Project General Aggregate Limit:$5,000,000 Maximum Designated Projects General Aggregate Limit:$5,000,000 A.For those sums which the insured becomes legally obligated to pay as damages caused by bodily injury or property damage under SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1.A separate Designated Project General Aggregate Limit applies to each project away from premises owned by or rented to you provided the separate Designated Project General Aggregate Limit is required in a contract signed by you and executed prior to commencement of the project,and that limit,shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.Regardless of the number of designated projects covered under this policy,the Maximum Designated Project(s)General Aggregate Limit shown in the Schedule above is the most we will pay for all bodily injury or property damage or medical expenses arising from all projects away from premises owned by or rented to you. 3.The Designated Project General Aggregate Limit is the most we will pay for the sum of: a.Damages under SECTION I,COVERAGE A,BODILY INJURY AND PROPERTY DAMAGE LIABILITY,for each designated project,except damages because of bodily injury or property damage included in the products-completed operations hazard;regardless of the number of: (i).Insureds; (ii).Claims made or suits brought; or (iii)Persons or organizations making claims or bringing suits; and b.Medical expenses under SECTION I,COVERAGE C,MEDICAL PAYMENTS applicable to the same designated project.The Each Occurrence limit shown in the Declarations for MEDICAL PAYMENTS shall continue to apply. ENV-7124 (03-14)Includes copyrighted material of Insurance Services Office, Inc., with its permission ©Chubb. 2016. All rights reserved. Page 2 of 2 4.Subject to 3 above,any payments made as respects a designated project shall reduce the Designated Project General Aggregate Limit for that designated project and the Maximum Designated Projects General Aggregate Limit. Such payments shall not reduce: a.The General Aggregate Limit shown in the Declarations, nor b.Any other Designated Project General Aggregate Limit for any other project away from premises owned by or rented to you, subject to 2.above. B.For those sums which the insured becomes legally obligated to pay as damages caused by bodily injury or property damage which cannot be attributed only to ongoing operations at any single designated project away from premises owned by or rented to you: 1.Any payments made under a.SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, or b.SECTION I, COVERAGE C. MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated Project General Aggregate Limit or the Maximum Designated Projects General Aggregate Limit. C.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit or any Designated Project General Aggregate Limit or the Maximum Designated Projects General Aggregate Limit. D.If the applicable designated project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same project for the purpose of establishing the Designated Project Aggregate Limit for that project. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply All other terms and conditions remain unchanged.