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CAG2022-158 - Original - Shannon & Wilson, Inc. - S 228th St. Grade Separations Mitigation - 04/18/2022
Nancy Yoshitake for Melissa Dahl Public Works 04/18/2022 04/20/2022 N/A R90067 N/A Shannon & Wilson, Inc.Contract Other S. 228th St. Grade Separations Mitigation Provide a wetland delineation and critical area report. Other 12/31/2022 $10,535 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) 632-8020, Contact: Elyse Denkers (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 wetland delination and critical area report for the S. 228th Street Grade Separations Mitigation Project. 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 December 31, 2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ten Thousand, Five Hundred Thirty Five Dollars ($10,535), 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. 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) the 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 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able 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 existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or 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. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 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 refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) 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. 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 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute 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 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. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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. 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 those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute 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: ,4.4 er,&. Print Name: Sarah Corbin Its: Associate Biologist/Permit Specialist DATE: 4/15/2022 CITY OF KENT: Digitally signed by Chad Bieren DN: C=US, B=cbieren@kentwa.gov, Chad Bieren ON Chad BiereOU=Public Wod s, R V - Date: 2022.04.18 11:59:23-07'00' Print Name: Chad Bieren, P.E. Its: Public Works Director DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Elyse Denkers Chad Bieren, P.E. Shannon & Wilson, Inc. City of Kent 400 N. 34th Street, Suite 100 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) 253 856-6500 facsimile ATTEST: ai� A�aA Kent City Clerk Shannon & Wilson - 228" Mitigation/Dahl CONSULTANT SERVICES AGREEMENT - 6 ($20, 000 or Less) 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 Shannon and Wilson Company, hereby acknowledge and declare that the before -mentioned company was the prime S. 228th Street Grade Separations Mitigation Project contractor for the Agreement known as that was entered into on the 4/15/2022 (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: Shannon and Wilson Title: Associate Biologist/Permit Specialist Date: 4/15/2022 EEO COMPLIANCE DOCUMENTS - 3 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: _________________________________________ EXHIBIT A Ms. Melissa Dahl City of Kent Public Works Department March 4, 2022 Page 2 of 4 5.11111SHANNON6WILSON buffers; include a site map of all critical areas; and provide a summary of applicable local, state, and federal regulatory requirements. ASSUMPTIONS ■ One site visit, with two Shannon & Wilson staff members, will be scheduled and conducted for this task. ■ All three parcels are owned by the City of Kent, and site access will be provided to us within the entire Project Area. The wetland delineation will be conducted using the routine determination method outlined in the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual and the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. We assume up to two wetland features will be located within 275 feet of the Project Area. Identified wetlands will be categorized in accordance with the Washington State Department of Ecology Washington State Wetland Rating System for Western Washington (Ecology Publication #14-06-029). Per an email inquiry, dated February 1, 2022, the ordinary high water mark of any streams, if present, will not be delineated by Shannon & Wilson. Streams, if present, will still be characterized and classified within the Critical Area Report. Per an email inquiry, dated February 1, 2022, the two stormwater features observed in aerial photos on the parcels will not be delineated. The City of Kent will procure a professional land surveyor to locate any flagged wetland boundaries after our site visit. The survey information will be provided to us in CAD format for our use in developing report figures. Fish and wildlife habitat conservation areas, geologic hazard areas, frequently flooded areas, and critical aquifer recharge areas, if present, will be described and mapped to the extent feasible based upon site visit observations and by using publicly available resources and topography. Shannon & Wilson can provide further identification and analysis of geologic hazards or wildlife habitat areas (such as nest survey and monitoring) under a separate scope depending on the findings of this effort and your plans. Development/impact feasibility, mitigation planning, and additional permitting assistance are not included in this scope. Shannon & Wilson can provide these services under a separate scope depending on the findings of this effort and your plans. We will provide an electronic draft of the Critical Area Report in portable document format (PDF) for City review and comment and assume all review comments will be 108704-P Ms. Melissa Dahl City of Kent Public Works Department March 4, 2022 Page 3 of 4 5.111SHANNON6WILSON compiled by you into one document for us to address. A final PDF document will be provided electronically after revisions are received. We assume only one round of revisions will be required. ESTIMATED COSTS AND SCHEDULE Based on our understanding of the proposed activities, we estimate that the cost for these services will be $10,535, as outlined in the enclosed Summary of Project Costs. Our fee and the terms under which our services are offered will be in accordance with a signed City of Kent contract. Fieldwork can be performed within three weeks of notice to proceed. A draft report can be completed within four weeks after fieldwork is completed and after we receive the surveyed wetland boundary. CLOSURE Shannon & Wilson has prepared the enclosed "Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal." Although this document was not written specifically for the subject property, it should be useful in assisting you and others in understanding the use and limitations of our proposals. We are pleased to have this opportunity to assist the City of Kent. If you have any questions, please contact me at elyse.denkers@shanwil.com or (206) 695-6927. Sincerely, SHANNON & WILSON CL�4 Elyse Denkers, PWS Ecologist, Permitting Specialist EBD:SCC:KLW/ebd 108704-P-Ll -rev.docx/wp/Ikn 108704-P Ms. Melissa Dahl City of Kent Public Works Department March 4, 2022 Page 4 of 4 111SHANNQN MILSON Enc. Summary of Project Costs Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal I accept the above conditions and authorize the above work to proceed. (print) Organization Signature Date 108704-P-Ll -rev.docx/wp/Ikn 108704-P c 0 c O ^ O 0 0 0) Q Cie Lr) c c � � oo� �0 c U) 0 Lo -0 0c) c �o FD � M >� 0 Lo 00 O In Q N O i d O CL X T c O U C) c Z Z Z ��In VJ [li O m Cl EA Q M a a O M co ■ LM N N c CD E CD co c 2 U N .O :7 T Lo Lo 0 LLi LLi L(i 00 Cl) co O M V 0 0_ a) 0-1 ca a` U U CO 0 0 �o LV N O M O W H Q 0 m W m 0 W Q a w IL SHANNON 6WILSON GEOTEOHNIGAL AND ENVIRONMENTAL CONSULTANTS Attachment to and part of Proposal: Date: March 4, 2022 To: Ms. Melissa Dahl 108704-P City of Kent Public Works Department Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal Imagine purchasing a development site for $500,000, only to learn later during construction that a wetland has been discovered, or that drainage through the site has been classified as a "stream," which results in a major redesign of your project. You are legally obligated to obtain the required permits before work may continue. The unanticipated cost of delay and redesign could be $5 million or more. The risks are real. There is no way of eliminating them, but they can be managed by relying on a qualified wetland and/or stream consultant to perform 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 delineation and mitigation and stream classification, developers must integrate their analyses into the early planning process. Many developers make the serious mistake of assuming that only state and, in particular, local reviews and approvals are required. They often negotiate exclusively with state and local agencies on project design and planning approvals for such activities as grading, sedimentation control, and stormwater management. There are federal, 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 they have entered into contracts for lot delivery dates and have secured financing contingent on completion deadlines. Developers then learn that in the permit process, many local governments may withhold final plan approval until they receive copies of federal and state approvals, or a statement from the appropriate agencies that such approvals are not required. Federal review at this late stage often results in extensive project redesign to avoid the 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 ecologists disciplined 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 and delineating/mitigating wetlands, an understanding of the permitting process, and practical experience dealing with the regulatory agencies. The consultant should be able to clearly explain and competently lead you through the process. Although reliance on a competent consultant is necessary to manage your risk, it does not eliminate your risk. The consultant who performs evaluations generally are engaged to determine if a site is affected. If they could see the un-seeable, the consultant would know precisely where to look and what methods to apply, but consultants are not clairvoyant. Even the most rigorous professional evaluation may fail to identify all existing conditions. This potential creates risk. The risk is yours. Do not look to your consultant to assume it. Your consultant serves as your professional advisor, providing guidance and opinions based on analysis and judgment. Were professional firms 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 are usually pursued in stages, with each step based on information obtained from the previous one. Wetland delineations determine the location, extent, 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 technical Page 1 of 3 1 /2022 5IIISHANNON ML SON evaluation of on -site soil, vegetation, and hydrologic conditions. Wetland boundary flags are placed to mark the wetland edge and are usually surveyed to accurately determine the location and size of the wetlands. Disturbed and problem area wetlands are more difficult and often take more time to delineate. Disturbed or atypical wetlands are areas that are altered recently or in the past by filling, excavating, clearing, damming, building, avalanches, mudslides, fires, volcanic deposition, and beaver dams, among others. Problem area wetlands are areas that are difficult to identify because of environmental conditions such as soil, vegetation, or hydrologic conditions. Examples of problem area wetlands include wetlands dominated by upland plant communities, wetlands on glacial till, seasonally flooded wetlands, seasonally vegetated mudflats, and sandy soil wetlands. Stream identification and classification also determine the location, extent, and type of stream present on a site, including an in -office document review and a file review of the site. The extent of the stream is identified by a technical evaluation of hydrology, physical characteristics, and the presence or absence of fish. Flags are placed to mark the stream's edge and are usually surveyed to accurately determine the location of the stream. Not all streams flow all the time; some are dry during the summer months. Thus, some stream classifications cannot be completed until water is present. Only then can the stream ecologist determine if fish will use the stream. Some salmon use a stream for spawning when water is present. The young fish then migrate to larger rivers or lakes, or to the ocean. Other streams have been channelized and appear to be only a ditch. These are examples of streams that 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 involvement, it is essential that you give your consultant adequate lead time. Determining the presence and extent of wetlands/streams at the earliest possible stages in the development process provides time to design a project that addresses possible impacts to on -site wetlands/streams, to design a mitigation program, and to complete the time-consuming permitting process. Planning for avoidance of wetlands and streams during development can mean the difference between staying within planned project costs and timelines or incurring overruns. When wetland and stream impacts cannot be avoided, preapplication meetings and negotiations with the U.S. Army Corps of Engineers (Corps) and other government 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 comprehensive study followed by a report of findings. Depending on the scope of work, the report will identify and classify the wetland/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 buffers cannot 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 until the wetland boundary flags/stream classifications are validated by the Corps and/or the local jurisdictional agency. Validation of the wetland boundaries or stream classification by the regulating agency(ies) provides certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(ies) until a specified date or until the regulations are modified, or that the stream has been properly classified. Only the regulating agency(ies) can provide this certification. A prudent consultant can provide only an opinion. INDEMNIFYING/LIMITING MONETARY EXPOSURE IS IMPORTANT TO THE CLIENT AND THE CONSULTANT. Indemnifications are important concerns to consultants because of court rulings that make consultants liable to any party who could foreseeably be damaged by the consultant's negligent acts. As a consequence, consultants Page 2 of 3 1 /2022 SHISHANNDN MLSON engaged by clients could be sued because the consultant's delineation of a wetland or the stream classification effectively destroyed the land's value. Even though the consultant's position would likely be upheld in court, the claim would have to be defended, and the cost of defense might be many times larger than the fee earned for conducting the evaluation. Therefore, most contracts include provisions that make clients responsible for project - related liabilities, which consultants are powerless to control. Also, our client may be sued by a landowner for reduced property value if a wetland or stream is discovered. As a result, the client in the agreement should address this potential problem so that both the client and the consultant are "held harmless" for the possible discovery of wetlands or streams. Page 3 of 3 1 /2022 EXHIBIT B INSURANCE REQUIREMENTS FORCONSULTANT 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. / A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYY) /Y4/16/2022 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). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. P.O. Box 367 Bellevue WA 98009-0367 CONTACT NAME: Gall Scott PHONE FAx AIC No Ext : 425-586-1031 A/C No): 425-451-3716 nooRess: gail scott@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National Union Fire Insurance Company of Pittsburg19445 INSURED Shannon &Wilson, Inc. 400 N. 34th Street, Suite 100 INSURER B : Travelers Property Casualty Co of America 25674 INSURERC: New Hampshire Insurance Company 23841 INSURER D : Seattle, WA 98103 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1502387065 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DDPOLICYYYYY Y EXP MM DDYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 5180256 3/1/2022 3/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREM SESOEa oNcurrDence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑X PRO ❑ LOC JECT ]OTHER, PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY Y 2961686 3/1/2022 3/1/2023 COMBINED S INGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L 1 $ 1 B X UMBRELLALIAB X OCCUR Y CUP9S74038522NF 3/1/2022 3/1/2023 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ in nnn $ A C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 012016021 (CA) 012016020 (AOS) 3/1/2022 3/1/2022 3/1/2023 3/1/2023 X STER ATUTE OERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers' Comp- in Monopolistics, Employers' Liability only The 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. RE: S. 228th Street Mitigation, Kent, WA (S&W Job #108704) ED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent, WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD V� a�,aeo (io\op) bsae I O1 J Vbb@icsp{e) Co�u4eGap�usrnGo .(€u 2rsre2 AApeue VnrpotRsq Hebeersursr(ns of (S) Lpe eoAmeae suq\oL )iwira Lednµeq pA asiq couFLse; of sat-eeweul• (J) Lpe coneLsae suq\oL jiwga of {pia bolick oL „snro HomsneL' WO ivanLsuce bioAigsq mill uor exceeq rPG 1ezzeL Ot: rhbe bLOAigeq p), rpia bgl!eA' pnr OUJA M(wp Leabecr {o ppIgA suziup onr ol.nze of s eoneieq Aon eu{ei iu{o mpicp Ledniisa.Aon ro lnwiap IUanLSUCe la jpg{ betaOLJ qt oLasuiss€Iou 01 rile. ro iucinge sa au ggq(riousl iuznLeq nugGL rpiz bopcA' sa s teanir o{ quA.couggc; oL saieeweur q• yuA be.Lapu oL GLasutSshou' apomu iu {pe acpegn(e epone' {o :AApow Aon peco.w'e opj!ds{eq E' 2ECI10M u - rive i-A COflEUVOE' V' COTIGL966' ' - Milo (e (uanceq' is sweugeq {o sqq; pnF oulN {o Fpe G)gsul of ancp beLaou,a oL Uasu€SsF(oua J€spip{A suaiva on{ 01 s eonsLeq „snFo-„ yuA beLaou oL otasu€SsFiou FOi Mpow Ton sus cou€l-scFnspA ponuq Fo bLoAige ygq€p.ousj €uamsq Rpfm' VIDD11€0MV17 [MOMED; 2CHE fIFE emll/lE22 VnID COADNCE bOUVq 1\xz sugot.zsu�suc_. xmik %z \uzntsucs btontgsq �uqa� �.�e �oponn\u8: VEbDIIIOWVF manHEC - AAHEHE" HUMMED MADEH COMIUVCI CH VOUEEWEMI IH12 EMIDDYBEWEM1 CNIVMCE2 IHE bOFICA' brEy2E BEND !1 CVHEEEIEF'A' PA ms�(ousi nuiou E(Lo Ju2nLsucs Gowbsuh 61{{2pnL8p' bV bai)�A-M�Sa-@-IQ8-e (aaneq�q 2�_suuou-�-�i)zou—�uc LpiasugQLaeweur' elleopAe 13:pd V-W' +3\j\$O$$ 1oLwa s bsir 01 E111DOUiREWEU61 POLICY NUMBER: GL 518-02-56 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM 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 person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 0 Insurance Services Office, Inc., 2012 �/ Page 1 of 2 ❑ bsas S of S ® lu2nL9UC0 29LAIC92 011!Cs` JUC" SOJS cc 30 JO Od 13 ❑ J • BGdniLoq PA tps COUTL9Ct OL saLs9wsut! 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NnWBE2: 2T8052Q commEtSCIVr eEl4ESGT riveirtiA / A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/15/2022 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). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 Lafayette CA 94549 CONTACT NAME: Maurice Thornton PHONE FAX A/C No Ext : A/C No), nDORess: DesignProCerts@AssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Underwriters at Lloyd's, London 32727 License#: 6003745 INSURED SHAN&WI-03 INSURER B : Shannon & Wilson, Inc. 400 North 34th Street, Suite 100 INSURER C : INSURER D : Seattle WA 98103 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1621045747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DDPOLICYYYYY Y EXP MM DDYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DA AGE TO TED lccurrrence)$ PREM SES (E. occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability B0146LDUSA2204579 1/1/2022 1/1/2023 $4,000,000 per Claim Contractors Pollution Liability $4,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: S. 228th Street Mitigation / Kent, WA Shannon &Wilson Job No. 108704 CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent, WA 98032 A ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD