Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CAG2020-224 - Original - Rippey Arboriculture, LLC - Frager Road Tree Assessment & Mitigation Plan Development Project - 07/15/2020
ApprovalOriginator: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 Rippey Arboriculture, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rippey Arboriculture, LLC organized under the laws of the State of Washington, located and doing business at 3612 South 242nd Street, Kent, WA 98032 Phone: (650) 228-8803, Contact: Christopher Rippey (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 provide a tree assessment and mitigation plan for 20 (twenty) black cottonwood trees at the east end of South 216th Street between Frager Road and the Green River. For a description, see the Consultant'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 August 31, 2020. III.COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Thousand, Nine Hundred Eighty Dollars ($1,980), 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 objec ts 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. 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 required 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 possessi on 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 the Consultant’s records or data is not related to this project, it shall be without liabilit y 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 to 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 existenc e 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 delay 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 clause 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 Administrative 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 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 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 refus al 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 belong 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 a nd 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. 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 Washingt on. 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 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 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 i n 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 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 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 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 th ose records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its: (title) DATE: CITY OF KENT: By: (signature) Print Name: Michael Mactutis, P.E. Its: Environmental Engineering Manager DATE: NOTICES TO BE SENT TO: CONSULTANT: Christopher Rippey Rippey Arboriculture, LLC 3612 South 242nd Street Kent, WA 98032 (650) 228-8803 (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) 856-5500 (telephone) (253) 856-6500 (facsimile) ATTEST: Kent City Clerk P:\Public\Administration\Contracts\Contracts Prepared (Kathi)\Rippey Arboriculture LLC Christopher Rippey Prinicpal of Rippey Arboriculture, LLC July 13th, 2020 07/15/2020 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: _________________________________________ Rippey Arboriculture, LLC Prinicpal of Rippey Arboriculture, LLC July 13th, 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: _________________________________________ Statement of Qualification: Rippey Arboriculture Christopher Rippey 3612 s 242d st Kent, WA 98032 (6s0) 228-8803 Christopher. Rippey@gmail.com Dear City of Kent, Thank you for your interest in my company for your project. This document contains a brief biography on myself followed a statement of my qualification, including my curriculum vitae and an infographic on the advance tree assessment equipment that I will likely utilize to determine the care needs for the cottonwood trees along Frager Rd. in Kent, Washington. Lastly, the final page in this package contains a cost quote. My name is Chris Rippey, I formed Rippey Arboriculture LLC in 2017.Lam a third-generation arborist and have been in the tree care industry for over 22 years.I live in Kent on the West Hill and often ride my bicycle on Frager Road under the trees in question. To assess these trees, I will likely utilize advanced tree assessments including sonic tomography, resistance drilling and tree load software analysis, as to determine appropriate care measures for these trees. These tools will give a definitive picture of what is wrong with these trees and help me assign proper care need for the City of Kent. These tools are not readily available in the area and my cost for using these tools are much lower than any other companies in the area that have equivalent equipment. Thank you for considering me for your project. Sincerely, Christopher Wells Rippey Christopher Rippey Ri ppey Arboriculture, LLC PNW-ISA 20L9, Arborist of the Year ASCA Registered Consulting Arborist #633 ASCA Tree and Plant Appraisal Qualified ISA Certified Arborist/ Municipal Specialist (wE-7672AUTM) ISA Tree Risk Assessor Quolified Exhibit A List of Similar Projects - Managing the Stanford Tree Survey program at Stanford University from2006-2014. Managing this program involved assessing fifty thousand trees for related risk to the public, updating the tree inventory, assigning needed care, prioritizing work, assigning and supervising the crews in performing the work, then inspecting the final product to make sure it pruning and tree care operations met applicable industry standards. - Creating and implementing the Preventative Tree Maintenance Program for Seattle Parks. This project included working with contractors to inventory 10,000 hazardtrees within Seattle Parks. My work included determining which trees were to be inspected, what the protocol was for assessments and making sure the tree risk assessments met ISA Tree Risk Assessment Qualification standards. I then personally inspected over 6,000 of these hazatdtrees to make sure recommendations for each tree were reasonable. I also found places for required replacement trees to mitigated environmental impacts due to any tree that had to be removed. - Assessing several large cottonwood trees with sonic tomography for Pierce County in 2019. This projected called for me to use my sonic tomography tool to determine if there was any internal decay in two cottonwood trees along a well-used Pierce County maintained road. I used my sonic tomography tool as well as some load modeling software to determine that the trees were stable, and removal was not warranted. Statement of Experience I have been professionally performing tree risk assessments for over 22 yearc.I have been an International Society of Arboriculture, Tree Risk Assessor Qualified for over 6 years. I have spent l8 years as both a tree risk assessor and tree risk manager for two large municipal organizations. I am also the created and manger of the Pacific North West Tree Failure Database, the largest database of tree failures for tree residing in the Pacific North West. This data shows how certain tree species, including black cottonwood trees fail and what specific conditions lead to their failure. The next page contains my curriculum vitae and is followed by an infographic on my advanced assessment tools. Christopher \l/ells Rippey Certifications and Ql*iñcrtionrr Registered Coosultiag.{,rborist@. No.ó33 (il'C$A) r Tree and Plæt.A.¡'p'raisal Qualified {ASCÀ)r Certified .A,rborist, No- 1\G-T6llAlITTVf {r$A) Profession¡I .{ffili¡tions r Americ¿¡ Society of Coasulting.{,rborist {AscA)r Iateraatioaal Society of ,{.rboriculhrre {ISA) Education end Background r Arborist of the Tear. 2019 Ë¡*-11TSA)r Coazultiag Acadeary Coach, ASCA {3019}r Founded Rippey Arboriculture, LLC; $en'i¡g as Pri:rcipal, Consulting A¡borist (?0 I ?-Present) r Promoted to Seattle Parks fuborisl (2û18- Preseot) r Registered Consultiag.A,rborist8: ASCA i2017)r Arboricultr¡ral Consulting Academy: ASCA (20r7) Rippey Årbsriculture. LLC 363.? 5 242.d 5t (e*t, WashingtÛn E8û32 r Tree fusk Assessmeilrt Quafifred (ISA) r ltrr'ashington StetePerticide rl,pplicntors License, No. 9l?44 (S!¡SDA) Vfestern Chapter, Intersatrnal Society of Arboricultrxe {B¡CISÂ) Paciñc ltlorth-West Chapter. Intsnatio.aal Society of Ârboric¡rlture (PNftTSi{) r Promoted to Seattle Parkt Arboriculturiel (20t6J r Hired as Seattle Parks Tree Trimmer (f,015) r ISA Tree Risk Assecsorffit Qualified (201a) r Founded Heritage Tree C¡¡e iû 2010 r ISA Certified Arborisq $009)¡ Hired as Sta¡ford Uai!,'ersit)' Tree Specialist (?ü0r) ¡ Entered freld of Arbo,riculhue in 1998 (as emplol'ee of Las .Altos Hills; Tree I Ldaintera¡ce Ifu'orker) a Profe¡e¡onal Åctivitie¡ r Board of Directors. Paciüc North-\\¡est chapter of the I¡ternatioml Socieþ. of A¡boricultr¡re (2017- ?019) r Coasultiog Acaderoy Coach, ASCA ¡ Creator. Pacific Nortû-trVest Tree Faih¡¡e Databgse r Costributsr, $festera TreeFailure Databage r Contribúor, Califoraia Big Tree Regirtry' Publications ¡ As Arborist's Perspective of Pacific Northrvest Tree$, July 2019 plurb Pubtisbing) r Introdr.lcing the Pacific Northwest Tree Failure Ðatabace, October 2018- (Statr of $lashiagton Departmeat of Natural Reso¡yççs. l¡ee lint News & Tree Care Indrxtrl. aragaaine) r Tree Fai!¡re Case Sùrdies- Quarterly seriÈs fü PN$IISA Nensletter r 'Westef,û Red Ceda¡ Ðie-offin Seattle Parts, July 2018- (Greeo Seattle Partnerchip) r Ðon't Cross ttre Trees, Jaaua-¡' 2015. iC}0\4agazine.com) Prescntrtions r Cau My Tree Ee Saved?, Octobs 2Õ19. (Ptant,{.mneøy) r Disp¡¡trng $ome Commo¿,A¡bo¡icultural Belie&., October t,019 {PNII¡ISA)r Vets¿n Trees Case Studies" Mæch 3019- (Preserr,'ing Vetera¿ Trees syarposium- PI\flrvTËA) r Disputing $ome Commos Tree Failwe Beließ, Ðecmber 2018, þfter fhe Storm syroposium, PNVii IS.4, and Udversity of Washingtoa) r ldentificatioo, Effectu and lr,fanagemert of 6 Comaron Decay OrganÈms is Seåüle Parks, Octaber 2017. Solving Problrms Old ¡od Herr': h{arragiag Strategies fo¡ Urban IPIvI syaposium) r lvfanaging Remnast Forest Treec in Urban Envi¡aoments, Septeober 2017 fNl¡,r'IS¡f)r Seattle'c Failing Forest fanuarl' & À{arch 2017- (Cãliforûia Tree Failu¡e Report Program AüuåI lvfeeting, llloodside & Fullerton C.d) Aclva nced Tree Assessments ßippeyArbo¡lcuhure, LLC Õffers geveraltypes ofadvanced tree assessments ¡nclud¡ng; res¡stâncÊ dr¡ll readings thât cân indicate the presence of hirfden tree orroot decay, son¡c tomography ¡mâg¡ng that prov¡des a full picture ofthe decay w¡thin â tree ând calculatês the loss ofstrength due to the âmount of decay, ArboRed¡x röottool readingsthat locate underground roots. end ArbostApp ca¡culations thet determ¡ne how much of a tree's canopy must be removed toobtain a reasonabþ relatþe safetyfactor. These lechnolog¡es cân hÊlp ¡n preservingtrees end ¡mprove tree workersafety. Pþere visitwww.R¡ppeyArbor¡culture.com formore informetlon end contãct Chf btoDher,R¡Dpey@gmãi¡.com f o. cost e stimeter. X.*â .+ ,t t a;I :r¡¡ !dlQ:bærse *a*b&.6* ¡_ì** t!¡ r#ltuF r+*ñr h¡t r.rü& Cost Quote and Schedule ESTI\I,\'fIJ JUNtr llIrì.2010 TO City of Kent Rowena Valencia-Cica, Ph.D. 400 W Gowe St. Kent, Washington IIOL R S D[:SCRIPTIO\TOT,.\L I Site Assessment: Document and inspect 20 black cottonwood trees at the east end of South 216'h St., between Frager Road and the Green River in Kent, WA. Assess each of the 20 trees to determine care recommendations related to the risk the trees pose to nearby honres. Trees will be inspected from the ground only, using an industly standard two-year timeframe, and with advanced assessnrent tools only being utilized when the Consulting Arborist decides they are needed to properly determine appropriate care. The assessment will also cover trees that rnay be negatively impacted by the removal of the darnaged/diseased trees. $ r,000.00 8 Report Preparation: Produce a report that documents the condition and size of each one of the 20 cottonwood trees including risk rnitigation options, if needed. The report will include a site plan, drawn to scale, indicating the extent of the proposed clearing and location of the affected trees. The report will address the City of Kent's desire that no net loss of ecological function will occur due to tree removal. This will be done by assessing the functions of the trees to be removed (e.9.. wildlife habitat, river shading, etc.) and providirrg details of how the mitigation addresses the environrnental value or replace the functions of the cottonwoods removed. If there are constraints that would prevent replacement of the tree, the mitigation plan will address this andior provide recommendations for supplernental mitigation strategies. $800.00 Tax $ r 80.00 Schedule: Work will be scheduled within three business days of this quote being accepted. Once work has started, it will take three days to be completed. Cost will not $ 1,980.00 exceed EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’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. 2.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. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1.Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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 Contractor’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 Contractor’s insurance and shall not contribute with it. 2.The Contractor’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 contractor 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 Contractor’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 Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. 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 7/13/2020 (800) 429-4144 (425) 336-7081 Rippey Arboriculture, LLC 3612 S 242nd St Kent, WA 98032 A 1,000,000 X BPK-0128424 7/1/2020 7/1/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 City of Kent is included as additional insured as required by written contract and per attached policy form. City of Kent 220 4th Ave S Kent, WA 98032 RIPPARB-01 R1LDAY AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Berkley Insurance Company X X X L805 (01/17) Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 1 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Section II Who Is An Insured is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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, but only for "occurrences" or coverages not otherwise excluded in the Coverage Part to which this endorsement applies. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law: and 2.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.Status as an additional insured for the person or organization to which this endorsement applies: 1.Commences during the policy period and after such written contract or agreement has been executed: and 2.Ends when: a.Your ongoing operations for that additional insured are completed: b.The contractor's contract or agreement is terminated: or c.Your policy cancels or expires: whichever occurs first. C.With respect to the insurance afforded to the additional insured, the following additional exclusions apply: This insurance does not apply to: 1.?Bodily injury@, ?property damage@, ?personal and advertising injury@ or medical payments arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the ?occurrence@ which caused the ?bodily injury@ or ?property damage@, or the offense which caused the ?personal and advertising injury@, involved the rendering of or the failure to render any professional architectural, engineering, or surveying services. 3ROLF\ %3. L805 (01/17) Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 2 of 2 2."Bodily injury" or "property damage" occurring after: a.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 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 a principal as a part of the same project. D. With respect to the insurance afforded to the additional insured, the following is added to Section III Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement you have entered into with the additional insured. 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. E. The following is added to 4.a. of Other Insurance of Section IV Commercial General Liability Conditions: If required in a written contract, the Coverage Part to which this endorsement applies is primary and noncontributory in the event of an "occurrence" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured. All other terms and conditions remain unchanged. Form_SCTNID_CTGRY.XX10025241_OTHER <docindex><index>OTHER</index></docindex> Policy number:02364391-0 Underwritten by: United Financial Casualty Company Page of1 1 July 13, 2020 Progressive P.O. Box 94739 Cleveland, OH 44101 1-800-895-2886 Certificate of Insurance Certificate Holder…………………………………………………………………………………………………………………………………………………………………………… CHRISTOPHER RIPPEY 3612 S 242ND ST KENT, WA 98032 Insured Agent/Surplus Lines Broker ……………………………………………………………………………………………………………………………………………………………………………CHRISTOPHER RIPPEY 3612 S 242ND ST KENT, WA 98032 PROG COMMERCIAL PO BOX 94739 CLEVELAND, OH 44101 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date:Policy Expiration Date: ……………………………………………………………………………………………………………………………………………………….. Jan 13, 2021Jul 13, 2020 Insurance coverage(s)Limits………………………………………………………………………………………………………………………………………………………..Bodily Injury/Property Damage $1,000,000 Combined Single Limit………………………………………………………………………………………………………………………………………………………..Underinsured Motorist Bodily Injury $100,000/$300,000………………………………………………………………………………………………………………………………………………………..Underinsured Motorist Property Damage $100,000 w/$100 Ded ($300 if Hit & Run)………………………………………………………………………………………………………………………………………………………..Personal Injury Protection $10,000 Description of Location/Vehicles/Special Items Scheduled autos only Certificate number 19520A09391 Form 5241 (10/02)