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HomeMy WebLinkAboutCAG2020-203 - Original - Shannon & Wilson, Inc. - Mill Creek Reestablishment Natural Resource Support - 06/29/2020ApprovalOriginator: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 Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at 400 N. 34th Street, Suite 100, Seattle, WA 98103, Phone: (206) 695-6674, Contact: Sarah Corbin (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 natural resource support for the Mill Creek Reestablishment 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 Ten Thousand, Five Hundred Forty-Five Dollars ($10,545), 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 - 2 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 - 4 ($20,000 or Less) 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. / / / / / / / / / / / / K. Counterparts 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 paÉies below execute this Agreement, which shall become effective onthe last date entered below. AII 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. Shannon & Wilson - M¡ll Crk Reestabl¡shment 3/Dahl CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) CONSULTANT: KotZùe-By Print Name (signature) Katie Walter Its ent DATE: lune 16 (titte) 2020 CITY By Print Name Its: Timothy J. LaPorte, P.E Public W ks Director DATE 6 Z ?o \o NOTICES TO BE SENT TO: CONSULTANT: Sarah Corbin Shannon & Wilson, Inc. 400 N. 34th Street, Suite 100 Seattle, WA 98103 (206) 695-667 4 (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: _________________________________________ Shannon & Wilson Vice President June 16, 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: _________________________________________ = I I t S, l{AN.¡*"g l[.¿. "wl hçP l]l}l.4.ay 5,2020Ms. Melissa DahlCity of Kent220 Fourth Avenue SouthKenf WA 98032RE: PROPOSAL FOR NATURAL RESOURCE SUPPORT FoR THE MILL CREEKREESTABLISHMENT PROJECT, CITY OF KENT, WASHINGTONDear Ms. Dahl:Shannon & Wilson is pleased to present this proposal for natural resource support for theMill Creek Reestablishment Project located in the City of Kent (the City), Washington.The project alignment is approximately 3.7 river miles of Mill Creek and extends fromMill Creek Canyon Earthworks Park near East Smith Street at the south to the intersectionof South 204th Street and West Valley Highway at the north.In2074 and 2015, Shannon & Wilson delineated wetlands associated with Mill Creek in theproject alignment and rated the wetlands according to the Washington State Department ofEcology's (Ecology's) 2014 washington state wetland Rating system for westernWashington. In 2018, at the Cit¡/s request, we documented additional wetland and uplanddata pits to supplement the previous delineation work and reviewed the vegetation cover(Cowardin classes) in the wetlands, updating the Cowardin class questions of the ratingforms accordingly. At the City's requesf the remainder of the rating form questions werenot reviewed or updated in 2018. We understand that the City's critical area reviewperformed in March 2020 has identified questions in the rating forms that requirecorrections. We have reviewed the comments provided by the City and developed byRaedeke Associates, Inc. detailing these corrections.Ecology's rating form is broken into three primary sections: water quality, hydrologic, andhabitat. The corrected questions impact the water quality and habitat sections of the forms.The corrections can be confirmed using available online information and do not require asite visit. The corrections in the water quality section do not affect the overall wetland scoreor rating. The edits to the habitat section will raise several of the wetlands' habitat scores,increasing the wetland ratings, generally from Category III to Category II. The City alsouses habitat scores to assign wetland buffers; therefore, the increased habitat scores willincrease some of the wetlands' associated buffer widths. The scope outlined below400 North 34th Slreel r Suile ì00 r PO Box 300303 r Seollle, Woshington 98103-8ó3ó t 206 6323020 r Fox 206 695-6777¡ www.shonnonwilson.com rEXHIBIT A Ms. Melisso DohlCity of KentMoy 5,2020Poge 2 of 3=lllsr{ArtNoNrWtsoNincorporates these corrections in the project's delineation repor! delineation figure, andwetland ratings.SCOPE OF SERVICESOur scope of services will consist of performing the following tasks:' Review the critical areas review comments provided by the City as they pertain to theproject delineation report and wetland ratings. This task is partially complete. The Citywill provide written notice to proceed (NTP) by May 13 to complete the remainder ofthe work.' Edit the wetland rating forms using annotations on the original forms. New forms willnot be created. The edits will incorporate the revised responses in the water quality andhabitat sections of the rating form and will update the wetland rating scores andcategories, as appropriate.' Edit the wetland delineation report text to reflect the change in wetland rating categoriesand associated wetland buffers, as appropriate.' Revise the wetland delineation figure to incorporate the revised buffer widths, whereappropriate.ASSUMPT¡ONSWe assume the following:' We will provide an electronic version of the revised delineation report containing therevised delineation figure and revised rating forms. Hard copies will not be needed.. The wetland rating figures will not need to be altered.. Rating form edits will be made on existing forms.' Additional review of the revised reports will not generate comments that will need to beaddressed by Shannon & Wilson.. A site visit will not be necessary.SCH EDU LEWe will provide the City with the deliverables identified above within four weeks fromreceiving NTP from the City.r 05203-P115:li,:_i :' _ ¡9j r,,1,3/ ( Ms. Melisso DohlCity of KentMoy 5,2020Poge 3 of 3-lllSHA¡.lNONtWLSONCOST ESTIMATEOur fee and the terms under which our services are offered will be in accordance with theenclosed Standard General Terms and Conditions. Our total cost estimate for the aboveservices is $1O545 and will be billed on a time-and-materials basis. The enclosed costestimate (Table 1) details the task-specific costs for this scope. If additional services arenecessary due to changes in your request or other unforeseen circumstances, we will notifyyou immediately and obtain your authorization for the additional services and costs.CLOSUREShannon & Wilson has prepared the enclosed "Important Information About Your WetlandDelineationMitigation and/or Stream Classification Proposal" to assist you and others inunderstanding the use and limitations of our proposals. This proposal is valid for a periodof 60 days from the date of issue.We are pleased to have this opportunity to assist you with this project. If you have anyquestions, please contact me at (206) 695-6674.Sincerely,SHANNON & WILSON,(r,¿(M{ ì¡a ) t-¿riSarah Corbin, PWSSenior Biologist/Permit SpecialistSCC:KLWsccEnc. Table 1 - Cost EstimateStandard General Terms and Conditionq SEA-GH-2020 (1./2020)Important Information About Your Wetland Delineationfl4itigation and/or StreamClassification Proposalr 0s203-P #lll gn,ô.r\i hJ$f'J ew¡ ffi tNTablel-CostEstimateMill Creek Reestoblishment ProjectCity of Kent, WoshinglonProposol for Noturol Resource SupportSubtotalRateQuantity SubtotalTask 1. Review CriticalArea Review Comments (Partialfy Complete)Katie Walter, Vice President$ 255 /hrSarah Corbin, Senior Biologist$ 170 /hrTask 2. Revise Wetland Rating FormsKatie Walter, Vice President$ 255 /hrSarah Corbin, Senior Biologist$ 170 /hrTask 3. Revise Delineation Report and Delineation FigureKatie Walter, Vice President$ 255 /hrSarah Corbin, Senior Biologist$ 170 /hrLori Nelson, Word Processing$ 115 /hrBo Lewis, GIS Analyst$ 155 /hrTOTAL COSTNOTES:GIS = geographic information system; hr/hrs = hour/hoursI 05203-P2 hrs8 hrsthr8 hrs2 hrs8 hrs2 hrs32 hrs$510$1,360$1,870$255$1,360$1,615$51 0$1,360$230$4,e60$7,060$10,545I 05203-P-Ll -ll rev - 5/ 4/2O2O/wp layo =lllp_Tl4f _tt.tt¡g:_tt".fr."wlLçgllAttachment to and part of Proposal:Date: May 5,2020To: Ms. Melissa DahlCity of Kentlmportant lnformation About Your Wetland Delineation/Mitigationand/ or Stream Classification Proposa IImagine purchasing a development site for $500,000, only to leam later during construction that a wetland hasbeen discovered" or that drainage through the site has been classified as a "stream,' which results in a majorredesign of your project. You are legally obligated to obtain the required permits before work may continue. Theunanticipated cost of delay and redesign could be $5 million or more. The risks are real. There is no way ofeliminating them, but they can be managed by relying on a qualified wetland and/or stream consultant toperform your site evaluation.THE COST OF NOT ADDRESSING WETLAND/STREAM CONDITIONS ON A SITE CAN BE IMMENSE.Rely on a qualified firm. Since delays are inherent in the regulatory process associated with wetlands delineationand mitigation and stream classificatiory developers must integrate their analyses into the early planning process.Many developers make the serious mistake of assuming that orùy state and, in particular, local reviews andapprovals are required. Th"y often negotiate exclusively with state and local agencies on project design andplanning approvals for such activities as grading sedimentation control, and stormwater management. There arefederal, state, and local regulations and ordinances that may apply to projects affecting wetlands and streams.Shortsighted developers may "discover" wetlands/streams on their sites late in the planning process after theyhave entered into contracts for lot delivery dates and have secured financing contingent on completion deadlines.Developers then leam that in the permit process, many local governments may withhold final plan approval untilthey receive copies of federal and state approvals, or a statement from the appropriate agencies that suchapprovals are not required. Federal review at this late stage often results in extensive project redesign to avoidthe impacts of wetlands and streams. The attendant delays usually affect a project's economic viability.It is essential to work with a consulting firm that can provide a team of wetland scientists/stream ecologistsdisciplined in hydrology, biology, water quality, soil science, stream and riparian ecology, and fisheries biology.The firm should have a working knowledge of the appropriate methods for classifying streams anddelineating/mitigating wetlands, an understanding of the permitting process, and practical experience dealingwith the regulatory agencies. The consultant should be able to dearly explain and competently lead you throughthe process.Although reliance on a competent consultant is necessary to manage your risk, ír iloes not eliminøte your risk. Tlheconsultant who performs evaluations generally are engaged to determine if a site is affected. If they could see theun-seeable, the consultant would know precisely where to look and what methods to apply, but consultants arenot clairvoyant. Even the most rigorous professional evaluation may fail to identify all existing conditions. Thispotential creates risk. The risk is youts. Do not look to your consultant to assume it. Your consultant serves asyour professional advisor, providing guidance and opinions based on analysis and judgment. Were professionalfirms to accept your risks in addition to their own, the cost of performing evaluations would be prohibitive.A FIRM UNCONCERNED ABOUT ITS OWN RISKS CANNOT BE EXPECTED TO CARE ABOUT YOURS.It is essential to work with a consultant who understands the processes involved, can explain them to you clearly,and can competently apply appropriate measures to reduce the impact of and to your project. The measures areusually pursued in stages, with each step based on information obtained from the previous one.Wetland delineations determine the locatiorç extenf and type of wetlands present on a site, and include an in-office document review and a field review of the site. The wetland boundaries are identified by a technicalevaluation of on-site soil, vegetation, and hydrologic conditions. Wetland boundary flags are placed to mark thewetland edge and are usually surveyed to accurately determine the location and size of the wetlands. DisturbedPoge I of3 1/2020105203-001 =lllSHAt¡NoN¿WlsoNand problem area wetlands are more difficult and often take more time to delineate. Disturbed or atypicalwetlands are areas that are altered recently or in the past by filling excavating, clearing damming, buildingavalanches, mudslides, fires, volcanic depositiorç and beaver dams, among others. Problem area wetlands areareas that are difficult to identify because of environmental conditions such as soif vegetation, or hydrologicconditions.Examples of problem area wetlands include wetlands dominated by upland plant communitieE wetlands onglacial ti[ seasonally flooded wetlands, seasonally vegetated mudflatg and sandy soil wetlands.Stream identification and classification also determine the locatiory extent, and type of stream present on a site,induding an in-office document review and a file review of the site. The extent of the stream is identified by atechnical evaluation of hydrology, physical characteristics, and the presence or absence of fish. Flags are placedto mark the stream's edge and are usually surveyed to accurately determine the location of the stream. Not allstreams flow all the time; some are dry during the summer months. Thus, some stream classifications cannot becompleted until water is present. Only then can the stream ecologist determine if fish wilt use the stream. Somesalmon use a stream for spawning when water is present. The young fish then migrate to larger rivers or lakes, orto the ocean. Other streams have been channelized and appear to be only a ditch. These are examples of streamsthat are often difficult to identify.WAITING UNTIL THE LAST MINUTE CAN CAUSE PROJECT DELAYS AND INCREASE COSTS.Because many asPects of a wetland/stream evaluation require regulatory agency involvemenf it is essential thatyou give your consultant adequate lead time. Determining the presence and extent of wetlands/streams at theearliest possible stages in the development process provides time to design a project that addresses possibleimpacts to on-site wetlands/streams, to design a mitigation progïam, and to complete the time-consumingpermitting process.Planning for avoidance of wetlands and streams during development can mean the difference between stayingwithin planned project costs and timelines or incurring overruns. When wetland and stream impacts carurot beavoided, preapplication meetings and negotiations with the U.S. Army Corps of Engineers (Corps) and othergovemment agencies can be an important tool in completing the permitting process in a timely manner.If the client believes that a wetland/stream is present, a consultant is usually engaged to provide a comprehensivestudy followed by a rePort of findings. Depending on the scope of worþ the report will identify and classify thewetland/stream, investigate the required buffer, and determine what activities are regulated by various agencies.This information is vital prior to design and development plans. If impacts to the wetland/stream or its bufferscannot be avoided, the report may discuss procedures necessary to mitigate those impacts.CERTIFYING THAT CERTAIN WETLAND/STREAM BOUNDARIES EXIST MAY BE RULED A NEGLIGENT ACT.Wetland boundaries and stream classifications identified by Shannon & Wilson are considered preliminary untilthe wetland boundary flags/stream classifications are validated by the Corps and/or the local jurisdictionalagency. Validation of the wetland boundaries or stream classification by the regulating agency(ies) providescertiÉicatiorç usually written, that the wetland boundaries verified are the boundaries that will be regulated by theagenry(ies) until a specified date or until the regulations are modified, or that the stream has been properlyclassified. Only the regulating agency(ies) can provide this certification. A prudent consultant can provide onlyan opinion.INDEMNIFYING/LIMITING MONETARY EXPOSURE IS IMPORTANTTOTHE CLIENTANDTHE CONSULTANT.Indemnifications are important concerns to consultants because of court rulings that make consultants liable toany party who could foreseeably be damaged by the consultant's negligent acts. As a consequence, consultantsengaged by clients could be sued because the consultant's delineation of a wetland or the stream classificationeffectively destroyed the land's value. Even though the consultant's position would likely be upheld in court, theclaim would have to be defended, and the cost of defense might be many times larger than the fee eamed forPoge 2 of 31/2020 Ëlllsrnnrucn¿wtLgoNconducting the evaluation. Therefore, most contracts include provisions that make clients responsible for project-related liabilities, which consultants are powerless to control.Also, our dient may be zued by a landowner for reduced property value if a wetland or stream is discovered. Asa result, the client in the agreement should address this potential problem so that both the client and theconsultant are "held harmless" for the possible discovery of wetlands or streams.Poge 3 of 31/2020 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/26/2020 Arthur J.Gallagher Risk Management Services,Inc. P.O.Box 367 Bellevue WA 98009-0367 Gail Scott 425-586-1031 425-451-3716 gail_scott@ajg.com National Union Fire Insurance Company of Pittsburg 19445 Travelers Property Casualty Co of America 25674Shannon&Wilson,Inc. 400 N.34th Street,Suite 100 Seattle,WA 98103-8636 New Hampshire Insurance Company 23841 1598728208 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X Y 5180256 3/1/2020 3/1/2021 2,000,000 A 1,000,000 X Y 2961686 3/1/2020 3/1/2021 B X X 2,000,000ZUP15R7312A20NF3/1/2020Y 3/1/2021 2,000,000 X 10,000 A C X N 012016021 CA 012016020 AOS 3/1/2020 3/1/2020 3/1/2021 3/1/2021 1,000,000 1,000,000 1,000,000 Workers'Comp-in Monopolistics,Employers'Liability only Re:Mill Creek Reestablishment 2020,Kent,WA (S&W Job #105203)SCC City of Kent is included as Additional Insured for General Liability (per CG2010 and CG2037),Auto Liability and Umbrella Liability as respects operations of the Named Insured and where required by written contract.GL,AL and XS Primary and Non-Contributory is included where required by written contract. City of Kent Attn:Nancy Yoshitake 220 Fourth Avenue South Kent,WA 98032 POLICY NUMBER: GL 518-02-56 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION 1.1 YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, PER THE WRITTEN CONTRACT OR AGREEMENT 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 persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100413 ® Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ 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 applicable Limits of Declarations, shall not increase the Insurance shown in the Page 2 of 2 9 Insurance Services Office, Inc., 207 2 CG 20 10 04 13 ❑ POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS Eim"ORSEME141 CHANGES THE POLICY. PLEASE R U IT CAREFULLY. This endorsemenk modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEQULE Name Of Additional tnsured Persons) Or Or anization(s Location And Description Of Completed Operations Any person or organization whom you become obligated to included as additional insured as a result of any written contract or agreement you have entered into. Various Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. - Section II —Who Is Art insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only vdith respect to liability for "bodily injury" or "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". 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. CG 20 37 04 13 B. With respect fo the insurance afforded to these additional insureds, the following is added fo Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we wilI 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. ©insurance Services Cffice, Inc., 2012 Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/25/2020 Dealey,Renton &Associates P.O.Box 12675 Oakland,CA 94604-2675 License #0020739 Ted Kiyama 510-465-3090 510-452-2193 certificates@dealeyrenton.com Underwriters at Lloyd's,London SHANNWILS Shannon &Wilson,Inc. 400 North 34th Street,Suite 100 Seattle WA 98103 302812225 A Professional and Pollution Legal Liability LDUSA2004579 1/1/2020 1/1/2021 $4,000,000 $4,000,000 per Claim Annual Aggregate Project Name:Mill Creek Reestablishment 2020 Shannon &Wilson Job No.105203 Location:City of Kent,Washington 30 Day Notice of Cancellation City of Kent Attn:Nancy Yoshitake 220 Fourth Avenue South Kent,WA 98032