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HomeMy WebLinkAboutPW11-297 - Original - ESA - 64th Ave S. Channel Improvements Wetland Delineation & Biological Evaluation Letter - 10/13/2011 Manta` emei � dRecordsT - w.s„, Gro„ Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: ESA Vendor Number: JD Edwards Number C Contract Number: to(A) This is assigned by City Clerk's Office Project Name: 64T" Ave. S. Channel Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date b the Mayors Signature Termination Date: 12/31/12 t Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct wetland delineations and_prepare a_Biological Evaluation letter for the project_ — =A4 0- 4 ------ -- --- ---- S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 KEN T WA 1..'O, CONSULTANT SERVICES AGREEMENT between the City of Kent and ESA THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ESA organized under the laws of the State of Washington, located and doing business at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact- Michael Muscan (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct wetland delineations and prepare a Biological Evaluation letter for the 64th Avenue S. Channel Improvements project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twelve Thousand, Nine Hundred Ninety Five Dollars and sixty two cents ($12,995.62), plus applicable Washington State sales tax, 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. CONSULTANT SERVICES AGREEMENT - I (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder 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 Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: - By: s gnatur ) (signature) Print Name: Z— , int N uzette Cooke _ Its �ms?s // Mayor (title) DATE: DATE: o �3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Michael Muscari Timothy J. LaPorte, P.E. ESA City of Kent 5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South Seattle, WA 98107 Kent, WA 98032 (206) 789-9658 (telephone) (253) 856-5500 (telephone) (206) 789-9684 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: K t Law Department ESA.64'ChannelJInWye CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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. Dated this _ day of A A06e- , 20_�4 By:- For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps, 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of ESA Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 64`" Ave. S. Channel Improvements Biological Evaluation that was entered into on the October 13, 2011, 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. Dated this day of_ , 201 . By: 4� For: .� rfifot� �.► �iS2�rt Title: L1I �l� ��►+.y►a u..: Fu�Gvtk�t.,�.nr..l�' Date: kvZ.3 EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A City of Kent 64th Avenue Channel Improvements Project Scope of Work Detail P It is our understanding that the project proposed by the City of Kent(City)includes the replacement of the two culverts at two crossings(rail spin and roadway)over the ditch that runs along the west side of 64"Avenue with double 10-foot by 7-foot three sided box culverts,and the removal of excess sediment and channel restoration for approximately 1,000 feet of the channel between 226"Street and 228`"Street It is also our understanding that WDFW considers the ditch to be a regulated stream The City has requested a Scope of Work and associated fees from ESA to conduct wetland delineations and prepare a Biological Evaluation(BE)letter of"no effect"to assist with coordination efforts under Section 7 of the Endangered Species Act of 1973 among the federal lead agency and the National Marine Fisheries Service (NMFS)and the U S Fish and Wildlife Service(USFWS),jointly ieferred to as the Services It is assumed that the project will require a federal permit from the U S Army Corps of Engineers(USACE),which is the federal nexus for the project requiring consultation with the Services Based upon the information provided during scoping, it is assumed that the proposed action will not require consultation between the federal lead agency (USACE)and the Services. �e A detailed Scope of Work is provided below,which outlines ESA's responsibilities under this Scope of Work. The cost estimate is also attached to this Scope of Work. TASK 1—PROJECT MANAGEMENT. This task includes on-going project management,client coordination,and invoicing We assume that ESA will be attending one on-site project coordination meeting conducted concurrently with the field visit(see Task 3) Deliverables Monthly invoice and progress report. TASK 2—BACKGROUND.This task includes coordination with the NMFS,USFWS,Washington Department of Fish and Wildlife(WDFW),and the Washington Department of Natural Resources(WDNR)as necessary to obtain habitat and species information TASK 3—INFORMATION GATHERING.This task includes coordination with City and project engineers to evaluate project impacts on listed/proposed species and critical habitats This task includes a brief review of the literature and published information for each listed, proposed,and candidate species identified by the Services as potentially occurring in the project area,as well as a review of site-specific information provided to ESA by the City This task will include a field visit to assess site conditions,but does not include any additional data collection or scientific study.The City will make the necessary arrangements for ESA to access restricted properties,if any.Much of the required information will be obtained from a recent BE for a nearby project, South 228`�Street Drainage Bypass(ESA 2011) TASK 4—DRAFT BIOLOGICAL EVALUATION.Task 4 includes the preparation of a draft Biological Evaluation(BE) letter of"no effect"addressing listed,proposed,and candidate species,identified by the Services as potentially occurring within the project area ESA wilt prepare the letter of"no effect"following USACE guidance for BE/BA prepat ation in effect at the time of issuance of a notice to proceed It is assumed City of Kent 64th Ave Channel Improvements Project Page 2 of 3 that the level of effort for the letter of"no effect"will be substantially reduced by using the South 228"'Street Drainage Bypass(ESA 2011)as a template TASK 5—FINAL BIOLOGICAL EVALUATION. Following receipt of comments by the City,ESA will prepare a Final BE letter of"no effect" For the purpose of this cost estimate,we have assumed only one revision of the final BE after review under Task 4 Additional revisions may require an amendment to the scope of work and cost proposal for this project Deliverables After any revisions,ESA will subnnt an electronic copy of the letter of"no effect"to the City in pdf fornlat and will supply up to three hard-copies for their use,if necessary.The City will be responsible for submitting the letter of"no effect"to the Corps Assumptions ESA will be pleased to adjust the BE as required within the limitations of the budget,although it is assumed that there wi I I be only one revision of the final BE after receipt of one set of consolidated comments from the City's review of the draft Changes to the project or report requirements,particularly as a result of new species information or changes to listing status after work has been initiated will require added services or additional revisions and may require an amendment to the Scope of Work This task also assumes that project related effects will result in a determination of no effect foi all listed species within the project action area SCHEDULE From receipt of notice to proceed and upon receipt of a minimum 30 percent design,ESA will require a minimum of three weeks to develop and submit the Draft BE letter of"no effect"to the City Once comments have been received,ESA will require an additional two weeks to revise the document and submit the Final BE letter of"no effect"to the City for submittal to the Corps TASK 6—WETLAND DELINEATION AND RATING ESA will delineate wetlands within the ditch located on the west side of 64'h Street between 226°i Street and 228t"Street ESA staff will also flag the ordinary high water marks(OH WM)of the stream,within the project area Wetland and stream boundaries will be marked with flagging tape or wire pin flags Wetland areas that occur between the OHWM of stream will be considered part of the stream and not flagged Wetland determination methods will follow the li S Army Corps of Engineers Wetlands Delineation Manual(Environmental Laboratory, 1987)and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual Western Mountains,Valleys,and Coast Region(U S Army Corps of Engineers,2008) ESA staff will also rate the wetlands based on the Washington State Department of Ecology's Wetland Rating System for Western Washington(Hmby,2004) Wetland ratings will be used to determine the required buffer based on Kent Municipal Code(KMC) Detiverables ESA will prepare and deliver a sketch map with the approximate locations of wetland boundary flags marked The sketch map will be intended to aid surveyors in the location of the flagging Assumptions The City of Kent will arrange for a survey of the wetland and stream boundary flagging. TASK 7—DRAFT WETLAND REPORT AND MITIGATION PLAN. ESA will prepare a wetland report and conceptual wctland and buffer mitigation plan for the temporary impacts to wetlands and buffers adjacent to and within the ditches of the pr olect site The report will include results of the wctland delineation(Task 6)and will include conceptual planting plans for the re-estabhslnnent of wetland and buffer vegetation The City will provide figures showing the wetlands streams,buffers,and expected impacts ESA will incorporate the figures into the wetland report The planting plans will include CAD drawing,,on up to two plan sheets showing the typical planting areas and a plant schedule City of Kent 64th Ave. Channel Improvements Project Page 3 of 3 Deliverables ESA will delivery electronic files of the wetland mitigation plan and electronic CAD files to the City for their review Assuni tions ESA will provide the required buffer setback for wetlands and streams based on the information collected in Task 6 The City of Kent will provide electronic base maps in CAD showing the project site, wetland and stream boundaries,buffers,and adjacent roadways The City will also provide the calculation of wetland,stream,and/or buffer impacts.ESA will add conceptual mitigation plans and typical details to the CAD files The City will use the revised files to develop specific planting plans for the planting areas on the site It is our understanding that this project is similar to past City projects that did not require 404 or 401 permitting. Section 404 and 401 permitting is not included in this scope of work TASK 8—FINAL WETLAND REPORT AND MITIGATION PLAN Following receipt of comments by the City,ESA will prepare a Final Wetland Mitigation Plan based upon 30 percent design drawings provided by the City For the purpose of this cost estimate.we have assu ned only one revision of the Wetland Mitigation Plan after review undei Task 7 Additional revisions may require an amendment to the scope of work and cost proposal for this project Deliverables ESA will delivery five bound copies of the Final wetland nuttgation plan and electronic CAD files to the City. Assumptions:The City of Kent will use the electromc CAD files of conceptual plans and typical details to develop specific planting plans for the planting areas on the site.ESA will make one round of revisions to the Wetland Mitigation Plan based on consolidated cori ments from the City Changes to the project or report requirements,particularly as a result of additional wetland,stream,or buffer impacts will require added services or additional revisions and may require an amendment to the Scope of Work SCHEDULE- From receipt of notice to proceed and upon receipt of a minimum 30 percent design,ESA will require a minimum of three weeks to develop and submit the Draft BE and Draft Wetland Mitigation Plan to the City Once continents have been received ESA will require an additional two weeks to revise the BE and Draft Wetland Mitigation Plan and submit the Final documents to the City for submittal to the Corps F 3 _ X� c V Le dun t O d Y U Yf E C < ' d d R � L � U 3 5 _ < a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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 DA10/05/20i Lin 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(les)must 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 endorsements PRODUCER CONTACT NAME Woodruff-Sawyer &Co PHONE FAX 50 California Street, 12th Floor t 1 E-MAIL San Francisco CA 94111 ADDRESS -- San Francisco INSURERt§)AFFORDING COVERAGE __Ni INSURER A Greenwich Insurance Comnaar_ 22322 INSURED 37885 INSURER B XL S ectal Insurance Company hnvironmental Science Associates INSURER C ESA Adolfson,Inc INSURER D 225 Bush Street,Suite 1700 '—`` San Francisco,CA 94104 INSURER S_ _ INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 ZETA w TYPE OF INSURANCE A-DOL SUBR y�-`�`N-m POLICY NUMBER MMIDCDIYYYY MWDDMYYYI LIMITS A GENERAL LIABILITY XI GFC001336708 01/01/2011 01!01/2012 EACH OCCURRENCE _ $ 1,000,00 TsaxTti rDa�xlv�D - - COMMERCIAL GENERAL LIABILITY -P �111$ S,jgrhurr@nce)__ $ 1,000,00 CLAIMS-MADE EJ OCCUR MED_E_XP(Anyoneperson) _ $ _ 5,00 X Contractual Liability PERSONALSAD_VINJUR_Y $ 1,00Q00 _X SLop Ga)R mp Joy ers GENERAL AGGREGATE T_E 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,00 JECT POLICY X PRO- LOC B AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT AECO01336508 01/Ol/2011 01/01(2012 (Fitmt'pBi1 _ $ 1,000,00 X ANY AUTO Deductible $5,000 BODILY INJURY(Per person) $ W ALL OWNED -- SCHEDULED AUTOS Al1TOS BODILY INJURY(Per ecddenq $ ,. NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS iPerAcnldg�Hj„ $ S A X UMBRELLA LIAO X I OCCUR UECO01336608 01/01/2011 01/01/2012 EACH OCCURRENCE $ _1,000,000 EXCESS LIAR _CLAIMS-MADE_ AG_GR_EG_A_T_E $ 1,000,000 DED I 10 000 S , WORKERS COMPENSATION WC STATU- OTH- B AND EMPLOYERS'LIABILITY YIN WECO013377408 01/01/2011 01/01/2012 X ToRYL1h11TS ._ ER ANY PROPRIEICR)PARTNEP EXECUTIVE EL EACH ACCIDENT $ 1 OOO OO OFFIC-R/MEMBER EXCLUDED? O NIA (Mandatory In NH) E L DISEASE-FA EMPLOYE $ 1 000,00 If yes,describe under ____ --- "- _ DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,00 A Professional Liability PEC001336808 01/01/2011 01/01/2012 Ea. Occ.$1,000,000 Aggregate Claims Made Retro 10/1/89 $2,000,00 Retention $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atiach ACORD 101,Add,llonal Remarks Schedule,If more apace is required) D211832 00;Kent 64th Avenue S Channel Improvements City of Kent is named additional insured on General Liability coverage per endorsement CG 2010 07 04 and CG 2037 07 04 attached Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4UO West ITHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98032 AUTHORIZED REPRESENTATIVE �,,a `� LOAN#. q V i iluI✓,CJ v�D?JCV(J' VJLt7JU f L(/ ID# Attn-Nancy Yoshitake ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NAMED INSURED Environmental Science Associates POLICY NUMBER GECO01336708 COMMERCIAL GENERAL LIABILITY CG20100704 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 Or enization s : Locations Of Covered Operations City of Kent D211832 00,Kent 64th Avenue S Channel Improvements City of Kent is named additional insured on General Liability coverage per endorsement CG 2010 07 04 and CG 2037 07 04 400 West Gowe attached Kent,WA 98032 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply- with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ^property damage"occurring after caused, in whole or in part, by. 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed, or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project ADDITIONAL INSURED- City of Kent CG 20 10 07 04 © ISO Properties, Inc, 2004 Page 1 of 1 13 NAMED INSURED, Environmental Science Associates POLICY NUMBER: GF,0001336708 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ Ization s : Location And Description Of Completed Operations City of Kent D211832 00,Kent 64th Avenue S Channel Improvements City of 400 West Gowe Kent is named additional insured on General Liability coverage per Kent,WA 98032 endorsement CG 2010 07 04 and CG 2037 07 04 attached Information required to complete this Schedule if not shown above will be shown in the Declarations Section II — Who Is An Insured is amended to in- at the location designated and described in the elude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property plated operations hazard". damage" caused, in whole or in part, by "your work" ADDITIONAL INSURED City of Kent CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM f t REQUEST FOR MAY OR'S SIGNATURE • Please FIII in All Applicable Boxes ICEN W wSHIN GTOK This form mast be printers on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Garrett Inouye Phone (Originator) 5548 Date Sent 10/12/11 Date Required 10/19/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: ESA DATE OF COUNCIL APPROVAL: 10/4/11 Brief Explanation of Document: The attached agreement is for ESA to conduct wetland delineations and prepare a Biological Evaluation letter for the 64th Ave S Channel Improvements project For a summary, see the attached prepared by Joe Fielding All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: Approval of Law Dept Law Dept. Comments- S 1 _ Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff 'r Received- 5111uv Ui U It, ,V;ayot Recommendations & Comments: r Disposition: Io /3/il �Qc�rLc /o/v /-J'L�' Date Returned: r�KT lage5870_templatebase 2107