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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 Clerks Office.
Vendor Name: Stantec Consulting, Inc Vendor Number: JD Edwards Number
Contract Number: LG13-0��
This is assigned by Deputy City Clerk
Description: 2013 Consultant Services Agreement
Detail: Brownfields Consultant
Project Name: Brownfields
Contract Effective Date: 1/1/2013 Termination Date: 12/31/2013
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Josh Hall Department: ECD
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CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Stantec Consulting, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Stantec Consulting, Inc., organized under
the laws of the State of Washington, located and doing business at 12034 134th Court
Northeast, Suite 102, Redmond, Washington 98052 (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:
See attached Exhibit A - Scope of Work
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.
U. 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, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an
amount not to exceed $385,000.00 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 [Insert Exhibit that lists the rate to be
charged].
a. The Consultant shall submit monthly payment invoices to the City for
work performed, and a final bill upon completion of all services described
Consultant Services Agreement 1 I Page
in this Agreement. The City shall provide payment within thirty (30)
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.
Consultant Services Agreement 2 1 Page
VI. DISCRIMINATION. In the hiring of employees for the performance of
work under this Agreement or any subcontract, the Consultant, its subcontractors, or
any person acting on behalf of the Consultant or subcontractor shall not, by reason of
race, religion, color, sex, age, sexual orientation, national origin, or the presence of
any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Consultant shall execute the attached City of Kent Equal Employment Opportunity
Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of
the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the
City, its officers, officials, and employees harmless from any and all claims, injuries,
damages, losses or suits, including all reasonable 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
Consultant Services Agreement 3 1 Page
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. Upon full
payment of all monies owed to Consultant, 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 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
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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
Consultant Services Agreement 4 1 Page
defending or bringing such claim or lawsuit, including all appeals, in addition to any
other recovery or award provided by law; provided, however, nothing in this
paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice hereunder shall become effective
three (3) business days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without
the written consent of the non-assigning party shall be void. If the non-assigning
party gives its consent to any assignment, the terms of this Agreement shall continue
in full force and effect and no further assignment shall be made without additional
written consent.
F. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement,
together with any Exhibits attached hereto, shall supersede all prior verbal
statements of any officer or other representative of the City, and such statements
shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part
of this Agreement. However, should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with 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. The consultant shall exercise usual and customary professional care and
judgment to perform the services in compliance with applicable laws, regulations,
codes and standards in effect as of the date of this Agreement.
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.
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Consultant Services Agreement 5 1 Page
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Print Name:sgffEs A1, Pr' t Na e 'Cooke
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I DATE: 1211771L ,- DATE: Al 43,L�t.
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_NOTICES TO li SENT TO: `_-I-NOTICES TO BE SENT TO: - ---
CONSULTANT: ( CITY OF KENT:
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Stantec Consulting, Inc Ben Wolters
12034 134'" Court NE, Suite 102 City of Kent
Redmond, WA 98052 220 Fourth Avenue South
¢pad Kent, WA 98032
(425) 298-2W (telephone) (253) 856-5703 (telephone)
(425) 298--A (facsimile) (253) 856-5700 (facsimile)
APPROVED AS TO FORM:
(A,
Kek Law Department
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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
Consultant Services Agreement 6 1 P a J o
regarding suspension or termination for all or pan: 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 compiled with the
requirements as set forth above,
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 1' day of 20�.
BY y<�?%I For___ cS7?1N/ �
Title:
Date: ---
Consultant Services Agreement 7 1 Page
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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.
Consultant Services Agreement 8 1 Page
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.
Dated this day of , 20
By:
For:
Title
Date:
Consultant Services Agreement 9 ( Page
Exhibit A
BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT
WORK PLAN
FOR
CITY OF KENT EPA BROWNFIELDS COMMUNITY-WIDE ASSESSMENT GRANTS
FOR HAZARDOUS AND PETROLEUM SUBSTANCES
JUNE 279 2012
Submitted by
City of Kent
220 Fourth Avenue South,
Kent, WA 98032
Mr. Ben J. Wolters(Brownfields Project Director)
Economic& Community Development Director
400 West Gowe Street
Kent, WA 98032
253-856-5454 (Phone)
253-856-6454 (Fax)
BWolters@kentwa.gov
www.ci.kent.wa.us
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City of Kent,June 27,2012
WORK PLAN FOR BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT
TABLE OF CONTENTS
1. INTRODUCTION..................................................................................................................2
1.1 Project Description, Goals and Objectives.....................................................................2
1.2 Organizational Structure and Responsibilities................................................................ 3
1.3 Project Outputs and Outcomes........................................................................................4
2. PROJECT TASK DESCRIPTIONS.......................................................................................6
2.1 TASK 1 —PROJECT MANAGEMENT AND REPORTING....................................... 6
2.1.1 Project Management................................................................................................. 6
2.1.3 Staff Training/Travel ................................................................................................ 7
2.1.4 Contractor Procurement............................................................................................ 8
2.2 TASK 2—COMMUNITY OUTREACH AND PUBLIC INVOLVEMENT................ 8
2.2.1 Public Outreach and Involvement...... ...................................................................... 8
2.3 TASK 3 —SITE INVENTORY,PRIORITIZATION AND ASSESSMENT.............. 10
2.3.1 Site Inventory and Prioritization... .... .................................................................... 10
2.3.2 Site Eligibility Determinations ............................................................................... 11
2.3.3 Site Characterization—Phase I ESAs..................................................................... 11
2.3.4 Site Characterization—Phase II ESAs.................................................................... 11
2.3.5 ESA and NHPA requirements................................................................................ 12
2.3.6 Quality Assurance Project Plan(QAPP), Site-Specific Sampling and Analysis
Plans (SSSAPs) and Health and Safety Plan(HASPs)......................... ............................... 12
2.4 TASK 4 -CLEANUP PLANNING.............................................................................. 12
2.4.1 Analysis of Brownfields Cleanup Alternatives....................................................... 13
2.4.2 Area-Wide Planning for a Brownfields Impacted Area.......................................... 13
3. SCHEDULE AND DELIVERABLES ................... 13
4. BUDGET SUMMARY......................................................................................................... 15
4.1 Table............................................................................................................................. 15
4.2 Budget Narrative........................................................................................................... 16
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City of Kent,June 27,2012
1. INTRODUCTION
1.1 Project Description, Goals and Objectives
During Fiscal Year 2012, the United States Environmental Protection Agency (USEPA)
has selected the City of Kent ("City") for grant funding in the amount of $400,000
($200,000 for Hazardous Substances and $200,000 for Petroleum Substances) under the
Small Business Liability Relief and Brownfields Revitalization Act, for the assessment of
brownfields sites in the community. The City is currently working on entenng into a
Cooperative Agreement(CA)with the USEPA to receive the grant funding.
The City has been significantly impacted by brownfields, many of which are located in
the industrial valley adjacent to the Green River or its tributaries (where they threaten
sensitive environments), and/or adjacent to older residential neighborhoods and/or major
transportation corridors where they threaten the health and economic well-being of
disproportionate numbers of minority and economically disadvantaged residents.
The primary desired goals and objectives for the project include building a sustainable
brownfields program by developing the organizational infrastructure within the City and
partners to permanently enhance the City's processes for assessing, remediating and
catalyzing the redevelopment and reuse of brownfield sites. Other key outcomes will be
to spur private investment and the creation of jobs through additional development
projects on brownfield sites.
A brief description of the scope of work proposed for each of the four (4)main tasks for
the brownfields project is presented below. Additional details (including those pertaining
to scope,budget and schedule) are provided throughout the remainder of this work plan.
Task 1: Project Management and Reuortin2 - The City will be responsible for the
management of the assessment grant and will be responsible for all USEPA reporting
requirements.
Task 2: Community Outreach and Public Involvement — Community outreach and
public involvement activities will include the following: coordinating and conducting
meetings with stakeholders and the general public; seeking, discussing and implementing
meaningful public input into the grant processes; preparing and publishing public notices;
preparing meeting materials and presentations; preparing and distributing brochures and
other public information materials.
Task 3: Site Inventory.Prioritization and Assessment-
Inventory and Prioritization—The City proposes to use the assessment grant funding to
build an initial inventory of brownfields sites, and work with various stakeholder groups
to prioritize the sites for assessment and/or cleanup/redevelopment planning.
Phase I Environmental Site Assessments (ESM — The City will contract with an
environmental consulting firm (Consultant) to complete Phase I ESAs at up to five (5)
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City of Kent,June 27,2012
high priority hazardous substance and up to five (5) high priority petroleum substance
brownfield sites.
Phase II ESAs — The Consultant will perform Phase II ESA and/or supplemental
assessment activities on select parcels for which Phase I ESAs are completed, and for
which the need for further assessment is identified and desired It is planned to conduct
Phase II ESAs on three (3) high priority hazardous substance and three (3) high priority
petroleum products brownfields sites, and supplemental site investigation activities on
approximately one (1) hazardous substances and one (1) petroleum products brownfields
sites.
Task 4: Cleanup/Redevelopment Planning—
Remedial Action/Cleanup Planning - The Consultant will conduct cleanup and
redevelopment planning as required for brownfields where redevelopment is imminent
and such activities will assist the developer Planning may take the form of identifying
soil and groundwater contamination, conceptual site models, site-specific remedial action
objectives, identifying state and federal cleanup regulatory requirements, and remedial
alternatives [collectively a Remedial Investigation/Feasibility Study (RI/FS)]; preparing
Cleanup Action Plans (CAPS); assessment of brownfields redevelopment alternatives;
and evaluation of institutional and engineering controls. It is planned to conduct remedial
planning activities on approximately two (2) hazardous substances and (2) petroleum
products brownfields sites.
Area-lade Redevelopment Plannine — The City will work with the Consultant to
perform brownfields area-wide planning for one or more brownfields impacted areas.
The area wide planning may include performing a variety of activities focused on
identifying potential future uses for the brownfields-impacted area and developing
strategies to facilitate the reuse of existing infrastructure as well as identifying potential
infrastructure investments needed to accommodate alternative fixture uses. Any reuse
planning activities that are "site-specific"will be performed only on those parcels that are
confirmed to meet the eligibility requirements
Schedule: These tasks will be completed over a three(3)year project period estimated to
begin on October 1, 2012 and end on September 30, 2015.
1.2 Organizational Structure and Responsibilities
The City is the grant recipient. The City will work closely with the Consultant, the
Brownfields Advisory Committee (BAC), the Washington Department of Ecology
(Ecology), the USEPA and other stakeholders as needed to achieve project objectives,
maintain budgets and schedules, and prepare plans and reports. The grants will be
managed by the City's Community & Economic Development Department. Mr. Ben J.
Wolters, the City's Community & Economic Development Director will oversee
implementation of the project as the Brownfields Project Director. Mr. Joshua C Hall,
an Economic Development Specialist for the City will manage the implementation of all
components of the project as the Brownfields Project Manager. The Brownfields Project
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City of Kent,June 27,2012
Manager will coordinate the grant activities with the selected consultant and will serve as
liaison with Ecology and the USEPA, and the public at large through community
outreach activities.
The City will be responsible for coordinating the selection of a Consultant to perform the
inventory, assessments, planning and other CA support functions. The City will solicit
qualified consulting firms through an open competitive public Request for Qualifications
and Proposal (RFQP) The City will select a firm to retain as the Consultant using
quality-based selection criteria in accordance with the City's procurement protocols and
applicable federal procurement rules (40 CFR 31.36).
In addition,the City has established a BAC who will serve in a project oversight capacity
as the City's steering body for the project and will be composed of representatives from
key stakeholder groups such as community organizations and impacted property owners.
Project Tasks will be carried out in the following manner:
Task 1: Proiect Management and Reporting — will be carried out by the City with
assistance from the Consultant.
Task 2: Community Outreach and Public Involvement — will be carried out by the
City with assistance from the BAC and Consultant.
Task 3: Site Inventory, Prioritization and Assessment — will be carried out by the
Consultant with assistance from the City and BAC.
Task 4: Cleanup Planning—will be carried out by the Consultant with assistance from
the City and BAC.
Technical Oversight of Assessment and Planning Activities - will be provided by the
City,Ecology and the USEPA.
1.3 Project Outputs and Outcomes
Proiect Outputs: The primary expected output for the assessment grant will be
assessment of brownfieids within the City that will support the cleanup and
redevelopment of these brownfields The outputs expected from this grant are anticipated
to include the following:
Task 1: Proiect Management and Reporting — The City will complete the following
reports as required and in accordance with the submittal deadlines to be specified in the
Cooperative Agreement:
• Quarterly progress/status reports;
• Annual financial status reports;
• Assessment, Cleanup and Redevelopment Exchange System (ACRES) updates;
and
• Final close-out summary report to the USEPA Region 10.
Task 2: Community Outreach and Public Involvement-
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City of Kent,June 27,2012
• Coordinating and conducting meetings with stakeholders and the general public;
seeking, discussing and implementing meaningful public input into the grant
processes;
• Preparing and publishing public notices;
• Preparing meeting materials and presentations;
• Preparing and distributing brochures and other public information materials; and
• Prepare a Brownfields Project webpage for the City's website.
Task 3: Site Inventory,Prioritization and Assessment—
• Complete a community-wide inventory of brownfields sites; incorporate portions
of the inventory and assessment task into the City's existing GIS database;
• Prioritize sites for assessment;
• Complete Site Eligibility Determinations for approximately 10 prioritized sites;
• Complete Phase I ESAs at up to five (5)high priority hazardous substance and up
to six(5)high priority petroleum substance brownfreld sites;
• Complete a comprehensive Quality Assurance Project Plan(QAPP);
• Complete Site-Specific Sampling and Analysis Plans (SSSAPs) and Health and
Safety Plans (HASPS) for sites prioritized for Phase II ESAs.
• Perform Phase II ESA and/or supplemental assessment activities on select parcels
for which Phase I ESAs are completed, and for which the need for further
assessment is identified It is planned to conduct Phase H ESAs on three (3) high
priority hazardous substance and three (3) high priority petroleum substance
brownfields sites, and supplemental site investigation activities on approximately
one(1)hazardous substances and one (1)petroleum substance brownfields sites.
Task 4: Cleanup Plannins—
• Complete Cleanup Action Plans (CAPS)for at least two (2)hazardous substances
and(2)petroleum substance brownfields sites requiring cleanup.
• Complete a Brownfields Area-Wide Redevelopment Plan for a brownfields-
impacted area within the City.
Proiect Outcomes: The expected outcomes of the assessment grant activity will include
reducing environmental threats to the various neighborhoods in the City and improving
economic conditions. The following outcomes associated with the assessment grants are
anticipated and will be tracked:
• Acres of land assessed,
• Acres of property redeveloped:
• Leveraged private/public investment: Estimated at $245 million in the first five
(5)years on sites targeted for assessment;
• Obtain additional planningJcleanup funding_Identify high priority sites/areas with
redevelopment interest and obtain additional assessment/planning/cleanup grants
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City of Kent,June 27,2012
from the USEPA and/or Ecology to spur on redevelopment efforts. Estimated at
$500,000 in first three(3)years;
• Job Creation: Create 10 new temporary and/or permanent jobs in the first five (5)
years (based on the performance of assessment activities that meaningfully
contribute to the occurrence of redevelopment/reuse projects to the City on
brownfields sites);
• Increase i i Sales and Property Tax: Reduce loss of sales and property tax revenue
that might otherwise have been generated by abandoned, vacant or underutilized
properties. Estimated at a minimum of$20,000 per/year by the end of the grant
period;
• Green spaces Created: Create up to 10 acres of green space from existing
brownfields properties;
• Buildings Reused/Redeveloped: 50,000-100,000 square feet of reused/restored
existing business space; and
• Restoration of Riparian Habitat: Restore up to 5 acres of impacted/neglected
habitat on or adjacent to brownfields properties within the City.
2. PROJECT TASK DESCRIPTIONS
A detailed description of the scope of work proposed for each task of the brownfields project
(including estimated costs) is presented in this section. Milestones and deliverables (a/k/a
project outputs) for each task are discussed in Sections 1.3 and 3.0, estimated submittal dates are
provided in Section 3.0,and a summary of estimated costs is provided in Section 4.0.
2.1 TASK 1 —PROJECT MANAGEMENT AND REPORTING
The objective of this task is to properly manage the project per EPA and City
requirements. Project Management and Reporting will be completed by City with
assistance from the Consultant.
The budgeted costs include $3,060 ($1,530 from each of the hazardous and petroleum
substances grants) in personnel costs, $856.80 ($428.40 from each of the hazardous and
petroleum substances grants) in fringe costs, $12,000 ($6,000 from each of the hazardous
and petroleum substances grants) of contractual costs throughout the duration of the
project, and $4,400 ($2,200 from each of the hazardous and petroleum substances grants)
of travel costs for City staff to attend up to two (2) USEPA National Brownfields
Conferences or State Brownfields Conferences.
2.1.1 Project Management
Mr. Hall, an Economic Development Specialist for the City will manage the
implementation of all components of the project as the Brownfields Project Manager. Mr.
Hall will coordinate the grant activities with the selected Consultant, the BAC, and will
serve as liaison with Ecology and the USEPA, and the public at large through community
outreach activities.
Records will be created and maintained for each property which has received CA funds,
6
City of Kent,June 27,2012
i.e., where CA funds have been used, and property profiles updated in ACRES.
An independent audit will be conducted annually in accordance with generally accepted
accounting practices (GAAP) and OMB Circular A-133. USEPA grant funds will not be
used for administrative costs as defined in the Proposal Guidelines.
2.1.2 Project Reporting
Project reporting will be completed by the City with assistance from the Consultant.
Progress Reports will be prepared and submitted to the USEPA on a quarterly basis [due
within 30 days of the end of each federal fiscal quarter ending December, March, June,
and September (due by January 30, April 30, July 30, and October 30)] These reports
will describe the progress on each defined task in this Work Plan and additional
information as required in the Terms and Conditions of the CA. The reports will be
submitted electronically unless another arrangement is discussed and approved by the
USEPA.
Disadvantaged Business Enterprises (DBE)Reports (formerly MBE/WBE) are due semi-
annually within 30 days of the end of the semiannual reporting periods ending March and
September(due by April 30th and October 30'').
Property profiles will be completed and updated quarterly in ACRES for each property
where CA funds are expended. The City also will prepare annual financial status reports
on the program progress to the USEPA. This task includes general communications
about the CA to the USEPA.
A Final Performance Report will be completed and submitted to the EPA Project Officer
(electronically) within 90 calendar days (or sooner) after the expiration or termination of
the award. The report will contain he same information as the Quarterly Progress
Reports, but will cover the entire project period and may include before and after photos
of the assessment of the site In addition, the Final Performance Report will specifically
address lessons learned in implementing the brownfields assessments successes achieved
and a summary fact sheet of the project.
Budgeted personnel and fringe costs include 90 hours (45 hours from each of the
hazardous and petroleum substances grants) at $34.00 per hour for Economic
Development Department staff, plus fringe benefits estimated at 28%. Any additional
City staff time, such as for additional project reporting or management activities, will be
paid out of the Economic Development Department normal staff budget.
2.1.3 Staff Training/Travel
The budget includes $4,400 ($2,200 from each of the hazardous and petroleum
substances grants) for travel, fees and lodging expenses required for two (2) City staff to
attend two (2) USEPA National Brownfields Conferences or State Brownfields
Conferences. Travel costs are estimated assuming attendance by the Brownfields Project
7
City of Kent,June 27,2012
Director (Mr. Wolters) and the Brownfields Project Manager(Mr. Hall) at two (2), 4-day
brownfield conferences, with airfare costs of $500 per person per conference ($2,000
total), and daily expenses for hotel and meals of$125 per person per day ($2,000 for 16
days), and $25 per person per day for incidentals (taxi rides, parking, seminar fees, etc. -
$400 total).
2.1.4 Contractor Procurement
The City will be responsible for coordinating the selection of a Consultant to perform the
inventory, assessments, planning and other CA support functions. The City will solicit
qualified consulting firms through an open competitive public Request for Qualifications
and Proposal (RFQP). The City will select a firm to retain as the Consultant using
quality-based selection criteria in accordance with the City's procurement protocols and
applicable federal procurement rules(40 CFR 31.36).
No CA funding is budgeted for this task.
2.2 TASK 2 -COMMUNITY OUTREACH AND PUBLIC INVOLVEMENT
The objective of this task is to ensure that community concerns are considered in
assessment planning and execution, and that the public is kept informed of project
progress and are provided the opportunity to participate throughout the project.
Community Outreach and Public Involvement will be completed by City with assistance
from the BAC and the Consultant.
The budgeted costs include $3,060 ($1,530 from each of the hazardous and petroleum
substances grants) in personnel costs, $856.80 ($428.40 from each of the hazardous and
petroleum substances grants) in fringe costs, $12,803.20 ($6,041.60 from each of the
hazardous and petroleum substances grants) of contractual costs throughout the duration
of the project, and $3,000 ($1,500 from each of the hazardous and petroleum substances
grants)of supplies.
2.2.1 Public Outreach and Involvement
To assure community residents and other stakeholders have meaningful participation in
the project, and their concerns are effectively identified and fully considered, community
outreach activities will be the most public and inclusive portion of the project.
Community outreach and involvement activities will include the following:
• Coordinating and conducting meetings [estimated at five (5) over the course of
the project] with stakeholders and the general public; seeking, discussing and
implementing meaningful public input into the grant processes;
• Preparing and publishing topic-specific Brownfields Project Materials including
Fact Sheets, public notices, meeting materials and presentations, brochures and
other public information materials (as needed) throughout the duration of the
proj ect;
8
City of Kent,June 27,2012
• Prepare a Brownfields Project webpage on the City's website; and
• Brownfields Project Materials will be distributed to the public using one or more
of the following tools and media options: press releases in the local newspaper
(the Kent Reporter), the City/Project webpage, announcements at televised
meetings, flyers distributed via members of the BAC etc.
Following the finalization of the CA,the City will matte initial announcements using one
or more of the tools and media options described above. Fact Sheets, brochures, and/or
other public information materials will be prepared and distributed at the beginning of the
project, if there are new developments or delays, and after the assessment is complete
These materials and will be disseminated using one or more of the avenues listed above.
The City, with assistance from the BAC and Consultant, will conduct public meetings
[estimated at five (5)] as needed throughout the life of the project to discuss the project
and its progress, solicit community input (for example during the inventory and
prioritization of sites), and actively engage the community (including the BAC) and
stakeholders (for example during redevelopment and cleanup planning). Anticipated
meetings (to solicit community input and keep the community engaged) are as follows:
Project Kick-Off Meeting, Inventory and Prioritization Meeting, Area-Wide Planning
Meeting, Clean-up Planning Meeting, and one (1) additional meeting to be used as
needed. Topic-specific materials will be produced for each meeting. Additional
opportunities for the Community to provide input and remain engaged will be via a
message system to be made available on the Brownfields Project webpage.
When sites are identified for assessment,the primary information flow will be outward to
the community, notifying local stakeholders about assessment activities that will occur,
sharing results of the assessments, and explaining the health, safety, and enviromnental
significance of the findings. During cleanup and redevelopment planning, the City will
inform local stakeholders of plans; solicit feedback on community concerns, needs, and
desires; and coordinate with the King County Public Health Department (PHD) to help
educate residents on the nature of the identified contamination and remedial activities that
will occur.
Budgeted personnel and fringe costs include 90 hours (45 hours from each of the
hazardous and petroleum substances grants) at $34.00 per hour for Economic
Development Department staff, plus fringe benefits estimated at 28%. Any additional
City staff time, such as for additional staffing during public involvement and outreach
activities, will be paid out of the Economic Development Department normal staff
budget.
Budgeted supply costs of $3,000 ($1,500 from each of the hazardous and petroleum
substances grants) include $1,000 for printing costs, $1,000 for mailing expenses
associated with public notices, and$1,000 for display boards and similar graphic displays
for use at public meetings.
9
City of Kent,June 27,2012
2.3 TASK 3 — SITE INVENTORY, PRIORITIZATION AND ASSESSMENT
Task 3 will be completed by the Consultant, with assistance from the City, BAC and other
stakeholders. The estimated Subtask budget breakdown for Task 3 is provided in the following
table.
q of Cost Per Total Budget Hazardous Petroleum
Subtask Units Unit Budget Budget
2 3 1-Site Inventory and Prioritization 1 $28,000 $28,000 $14,000 $14,000
2.3.2-Site Eligibility Determinations 10
2.3 3-Phase I ESAs 10 $4,500 $45,000 $22,500 $22,500
2.3.4-Phase II ESAs 8 $22,500 $180,000 $90,000 $90,000
235-ESA and NHPA 10
236-QAPP 1 ** ** ** **
2 3 6-SSSAPs and HASPS 8 ** ** ** **
TOTAL COST $ 253,000 $126,500 $126,500
* Cost Included in Phase I ESA Estimated Cost
** Cost Included in Phase II ESA Estimated Cost
Additional details for each Subtask are provided in the remainder of this Section.
2.3.1 Site Inventory and Prioritization
The City will use a portion of the assessment grant funding to build an initial inventory of
brownfields sites, which has not been completed to date. The data will also be integrated
to better relate the presence of hazardous and petroleum substance brownfields to various
economic impacts associated with brownfields, as well as health data. The City will
perform the following inventory activities as part of this task:
• Conduct tours/inspections throughout major commercial/industrial corridors in
the City to identify blighted or vacant potential hazardous substance brownfields
sites that are not recorded in existing environmental databases.
• Review select City records that are potentially relevant to identifying brownfields
(including occupancy and other permits, tax delinquency status, building code
violations, etc.).
• Review available historical Sanborn fire insurance maps covering the years 1890-
1944 to identify historic sites which have a significant potential for impacts from
historical land uses.
• Survey local real estate industry representatives for information on sites in the
City.
I • Review DPH records to verify that all sites with known or suspected impacts or
threats to public health are being included in the evaluation/prioritization process.
i
Although the inventory may not identify all potential brownfields sites, it should help to
10
City of Kent,June 27,2012
identify and focus attention on sites that are most significant in terms of health impacts,
concerns of residents, and/or of interest to the development community.
The City will use CA funds to update the inventory of brownfields and enter existing
inventory data into a Geographic Information System (GIS) database, and compile and
enter additional information collected during the CA term. Initially, a form will be
developed to guide and document data collection and facilitate an efficient transition into
the GIS database. After preparing the form, other sites will be identified by the City
through review of the USEPA and Ecology databases of contaminated sites, community
stakeholder nominations, and ground surveys.
Following initial/supplemental inventory activities, sites will be prioritized for
assessments and/or cleanup/redevelopment planning It is anticipated that factors to be
weighted the most heavily in prioritizing sites will include: (1) economic development
potential/opportunities; (2) known or suspected threats to public health; (3) sites
identified in existing community planning documents, (4) degree of known or suspected
environmental impacts; (5) degree of blight or underutilization; (6) tax delinquency
status; and(7) community concerns.
2.3.2 Site Eligibility Determinations
The City and/or its Consultant will contact site owners, negotiate access agreements, and
complete site eligibility detenninations prior to beginning site assessment and/or
cleanup/redevelopment planning activities.
For planning purposes, it is assumed that site eligibility determinations will be completed
at up five(5)high priority hazardous substance and up to five (5) high priority petroleum
substance brownfield sites. The ACRES database will be updated at the conclusion of
each site eligibility determination. The estimated costs for the Phase I ESAs for each site
(described in Section 2.3.3 and summarized in Section 2.3) include budget for the
completion of site eligibility determinations.
2.3.3 Site Characterization—Phase I ESAs
As previously noted, the City will retain a Consultant to provide environmental services,
including the completion of Phase I ESAs in accordance with All Appropriate Inquiry
and ASTM Practice E 1527-05 "Standard Practice for ESAs, Phase I ESA Process."
For planning purposes,the budget assumes Phase I ESAs will be completed at up five (5)
high priority hazardous substance and up to five (5) high priority petroleum substance
brownfield sites at an average cost of$4,500 each ($45,000 total). The ACRES database
will be updated at the conclusion of each Phase I ESA.
2.3.4 Site Characterization—Phase H ESAs
The City anticipates conducting Phase II ESAs where the Phase I ESAs or other available
information suggest that additional investigation is warranted. For planning purposes,the
budget assumes Phase II ESAs will be completed at up to three (3) high priority
11
City of Kent,dune 27,2012
hazardous substance and up to three (3) high priority petroleum substance brownfield
sites, with supplemental site investigation activities on approximately one (1) hazardous
substances and one (1) petroleum products brownfields sites. It is assumed that the Phase
II ESAs/supplemental site investigation activities will have an average cost of$22,500
each($180,000 total).
Individual Phase I1 ESA reports will be prepared and submitted to Ecology and/or
USEPA for each site upon completion of field activities and receipt of analytical data.
Property profiles will be completed and updated quarterly in the ACRES for each
property where CA funds are expended.
2.3.5 ESA and NHPA requirements
The Consultant will provide information to the City to help it fulfill USEPA's
requirements under the Endangered Species Act Section 7 and the National Historic
Preservation Act Section 106 (NHPA). The information will include the location of the
project, any threatened or endangered species or habitat that may be affected by the
project, whether the a site is considered to be of concern by the State Historic
Preservation Officer (SHPO), a list of Tribes who may believe the site or project could
disturb cultural resources, and an evaluation as to whether cleanup/redevelopment plans
could have adverse effects on endangered or cultural resources.
The estimated costs for the Phase I ESAs for each site (described in Section 2.3.3 and
summarized in Section 2.3) include budget for the evaluation of ESA and NHPA
requirements.
2.3.6 Quality Assurance Project Plan (QAPP), Site-Specific Sampling and Analysis
Plans (SSSAPs) and Health and Safety Plan (HASPS)
Prior to commencement of the Phase II ESA work, the City and the Consultant will
participate in a pre-Quality Assurance Project Plan(QAPP) conference call with USEPA.
A QAPP then will be prepared and submitted to the USEPA for approval. A Site-
Specific Sampling and Analysis Plan(SSSAP) for each site/property will be prepared and
submitted to USEPA for approval prior to conducting Phase II ESA field work. In
addition, a site-specific Health and Safety Plan (HASP), which addresses each property
where Phase II ESA work is anticipated, will be submitted to USEPA for review prior to
conducting any field activities.
The estimated costs for the Phase Il ESAs and supplemental Phase II ESAs/site
investigations (described in Section 2.3 4 and summarized in Section 2.3) include budget
for preparation of the QAPP, SSSAPs and HASPS for each site.
2.4 TASK 4 -CLEANUP PLANNING
Task 4 will be completed by the Consultant, with assistance from the City, BAC and
i other stakeholders as needed. The estimated Subtask budget breakdown for Task 4 is
provided in the following table.
12
City of Kent,June 27,2012
Estimated
#of Hazardous Petroleum
Subtask Units Cast Per Total Budget Budget Budget
Unit
2 4 1-Analysis of Brownfields Cleanup 4 $12,000 00 $48,000 00 $24,000 00 $24,000 00
Alternatives
2 4 2-Area-Wide Planning for a 1 $59,683 20 $59,683 20 $29,941.60 $29,841.60
Brownfields Impacted Area(s)
TOTAL COST 1 $107,683.21) 1 $53,841.60 $53,841.60
2.4.1 Analysis of Brownfields Cleanup Alternatives
The City will conduct cleanup and redevelopment planning as required by Ecology
and/or the USEPA programs for brownfields where redevelopment is imminent and such
activities will assist the developer. Planning may take the form of identifying soil and
groundwater contamination, conceptual site models, site-specific remedial action
objectives, identifying state and federal cleanup regulatory requirements, and remedial
alternatives [collectively a Remedial Investigation/Feasibility Study (RI/FS)]; preparing
Cleanup Action Plans (CAPS), assessment of brownfields redevelopment alternatives;
and evaluation of institutional and engineering controls. Meetings will be held with
stakeholders as needed to develop and review the most appropriate and effective remedial
options for each selected brownfield site and redevelopment. The City and
environmental consultant will work closely with Ecology and USEPA in considering
options for cleanup planning. It is planned to conduct remedial planning activities on
approximately two (2)hazardous substances and(2)petroleum products brownfields sites
at an average estimated cost of$12,000 each($48,000 total).
2.4.2 Area-Wide Planning for a Brownfields Impacted Area
Also included under this task is the completion of Brownfield area-wide planning for one
or more brownfields-impacted area(s) of the City. The area wide planning may include
performing a variety of activities focused on identifying potential future uses for the
brownfields-impacted area and developing strategies to facilitate the reuse of existing
infrastructure as well as identifying potential infrastructure investments needed to
accommodate alternative future uses. It is anticipated that these eligible activities may
include market research and a variety of community outreach activities (such as design
charrettes) which are also specifically referenced as eligible activities under USEPA
community-wide assessment grants. Any reuse planning activities that are "site-specific'
will be performed only on those parcels that are confirmed to meet the eligibility
requirements.
3. SCHEDULE AND DELIVERABLES
Schedule: The project tasks will be completed over a three(3)year project period estimated to
begin on October 1, 2012 and end on September 30, 2015.
13
City of Kent,June 27,2012
-DUE DATE ITEMSend to:
(for;grant EPA PO STATE -,EPA " `EPA
awarded 10/01/12) _ �s„� GRANTS FINANCE
Month 1 (Oct. Solicitation for hiring Consultant X
2012)
Month 1 Fact sheet—project starting X
Month 2 Selection of Consultant X
Month 2 Establish BAC and Identify X X
(Updated on an Stakeholders
Ongoing Basis)
Month 3 Public Meeting—Kick off X X
Month 4(Jan. Quarterly Progress Report(QPR) 1 X
2013; Quarterly for period 10/1-12/31/12
Reports due
within 30 days
after quarter
ends)
Month 6 Initial Inventory Developed& Site X
(March 2013; Selection Criteria set
Updated on an
Ongoing Basis)
Month 7(Apr. QPR 2 for period 1/1-03/31/12 X
2013) -continue with as many quarters as needed
Month 7 Top sites selected X X
Ongoing(As Site Eligibility Determinations X X(for
needed) Petro
Include
State)
Before field ESA/NHPA letters X
work begins
Before field QAPP/Health and Safety Plan X
work begins
Before field Site Access Agreements in Place X
work beings
Ongoing(At Property Profile Forms entered in
least 30 days ACRES
after site
approved for
EPA Funding)
Ongoing Site Assessments Begin X
14
City of Kent,June 27,2012
DUE DATE ITEM - Send to;4
(for grant < 1- EPA PO STATE EPA EPA
awarded
10/O1/12) GRANTS FINANCE
Yearly Federal Financial Report(FFR)
Ongoing Attend Brownfields Conferences
(Including National Brownfields
Conf.in May 2013 in Atlanta)
DBE Report X(copy) X
(E)BE=Disadvantaged Business Enterprises)
Reports must be submitted semiannually for periods
ending March 310 and September 30"
Reports are due within 30 days of the end of the
semiannual reporting periods(by April 30"and
October 30i1)
For forms&more information,visit
//www wee. ov/osdbWdbe team him
As Needed(But Requests for Reimbursement—see X(Copy) X
At Least Administrative Terms&Conditions
Quarterly)
Month 36 Fact Sheet-Assessment results X
Months 36—39 Final Federal Financial Report(FFR) X(copy) X(copy) X
(SF425)&Final Drawdown
For forms&more information,visit
http//www epa gov/ocfolfinservices/forms htm
Months 36—39 Closeout: Final Performance Report X
(Due at end of with Summary Fact Sheet,Photos,
Dec.2015) and Lessons Learned
4. BUDGET SUMMARY
4.1 Table
TABLE lA—HAZARDOUS SUBSTANCES BUDGET ESTIMATE
Task 1-Project Task 2— Task 3-Site
Category Management Community Inventory, Task 4—Cleanup Category Total
Outreach/Public Prioritization& Planning
Reporting Involvement Assessment
Personnel $1,530 00 $1,530.00 $- $- $3,060.00
Fringe $428 40 $428 40 $- $- $856.80
Travel $2,20C 00 $- $- $- $2,200.00
Contractual $6,000 00 $6,041.60 $123,500 00 $53,841.60 $189,383.20
Supplies $- $1,500.00 $3,00000 $- $4,500.00
I Task Totals $10,158.40 $9,500.00 $126,500.00 $53,841.60 $200,000.00
15
City of Kent,June 27,2012
TABLE 1B—PETROLEUM BUDGET ESTIMATE
Task 1-Project Task 2— Task 3-Site
Community Inventory, Task 4—Cleanup
Category Management& Category Total
Reporting Outreach/Public Prioritization& Planning
Involvement Assessment
Personnel $1,530.00 $1,530.00 $- $- $3,060.00
Fringe $429 40 $428.40 $- $- $856.90
Travel $2,200 00 $- $- $- $2,200 00
Contractual $6,000 00 $6,04160 $123,500 00 $53,84160 $189,383 20
Supplies $- $1,500 00 $3,000.00 $- $4,500 00
Task Totals $10,158.40 $9,500.00 $126,500.00 $53,841.60 $200,000.00
4.2 Budget Narrative
A budget narrative is provided where applicable in each of the tasks/subtasks detailed
throughout Section 2.
16
Exhibit A-1
"*JIWsiq1,,6 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 10
1200 Sixth Avenue
Seattle,WA98101
spa74 �
w Pi+A1°
August 7,20 t' 'AUG 0 8 2912
Reply to CITY OF KENT
Atm Of OMP-145 ECONOmIC AND
COMMUNITY DEVELOPMENT
Attention EPA Grant Recipient:
— Enclosed is your Assistance Agreement from the US EPA, Region 10. We look forward to
working Nvith your organization for the successful completion of this project.
THE AGREEMENT IDENTIFICATION NUMBER IS: BF-OOJ65701
Please use this number in communicating with EPA about this grant. Questions may be
addressed to the Pioject Officer or the Grants Specialist shown on page 1 of the document.
PLEASE READ,SIGN AND RETURN THE AGREEMENT PROMPTLY. It is important
ro re%tew the entire document.as it spells out your legal responsibilities to EPA. By signing it,
you agree to abide by all the Terms and Conditions listed(beginning on page 4), including the
submission of periodic written reports on wort:progress, financial management, and/orother
subjects as specified.
By signing you also agree to adhere to the relevant Federal Regulations and OMB Circulars. (See
the reverse side of this letter for the regulations and circulars that apply to this agreement.)
Please have your Authorized Representative sign and date the agreement,and return one
orif final and one complete copy within 3 weeps to:
US EPA Region 10
Giants Administration Unit,OMP-145
1300 Sixth Avenue_ Suite 900
Seattle, WA 98101
THE REGION 10 GRANTS ADMINISTRATION WESSITE. This site is designed to help
you manage your grant It contains practical ntforrnation about fulfilling the grant's
requirements, dotvnloadable copies of requited standard Cot-ins;and`On-line Resources" which
link to other information,such as the Code of Federal Regulations
The ivebsite is at:
llrtp:!/yosemite epa oy,`rl0/OIy1P.NSF/grants administration
PLEASE TURN THE PAGE FOR ADDITIONAL IMPORTANT INFORMAXION
ABOUT YOUR ASSISTANCE AGREEMENT.
PrlmeQ an Recycled Paper
2
Code of Federal Regulations(CFR)and the Office of Management and Budget(OMP)
Circulars
The regulations and circulars that apply to your grant are noted on page 2 of the assistance
agreement and are circled below for your reference
Non-profits& State, Local
HosQtals Universities Tribal Governments
40 CFR Part 30 40 CFR Part 30 40 CPR Part 31
OMB Circular A-122 OMB Circular A-21 OMB Circular A-87
OMB Circular A-133 OMB Circular A-133 OMB Circular A-]33
Other regulations that apply(if circled)to your particular grant program:
40 CFR Part 15, Subpart A— States
40 CFR Part 35, Subpart B—Tribes
40 CFR Part 35. Subpart__
40 CFR Part 47—Enviionmental Education
Reporting Forms
Some of the forms you will need in carrying out your assistance agreement are listed below.
They,and other standard forms.may be found through the Region 10 Grants website previously
cited and shown again here:
httn://vosemite eua.vov/r10/OMP NSF/grants/administration
SF 425,Federal Financial Reports
EPA Form 5700-52A.Minority& Women=s Business(MBE/WBE)Report Form
Grant Payments
if you have not previously enrolled in EPA's electronic finds transfer piogram.you will need SF
3881,the ACH Vendor/Miscellaneous Payment Enrollment Fotm,which is also on the Grants
Administration Website.
See Administrative Condition#1 for additional information.
Questions?
Please feel free to contact your EPA Grants Specialist if you have any questions about the
administrative requirements of your giailt.
[ ] Enclosure:
112412007
BF-OOJ65701 -0 Pagel
GRANT NUMBER(FAIN): OOJ65701
IL40DIFICATION 0 DATE OF
Jateosralsr U.S. ENVIRONMENTAL PROGRAMCODEUMBER: BF 07/31/20 2AWRRd
>'
o ` PROTECTION AGENCY TYPE 0-ACTION BAILING DATE
New� 07/2012
1rr Cooperative Agreement PAYMENT METHOD: PEN#
R( PFG54<
RECIPIENT TYPE: Send Payment Request to:
Municipal Las Vegas Finance Center
FAX 1,702-798-2423
RECIPIENT. PAYEE
City of Kent City of Kent
220 4th Ave South 220 4th Ave South
Kent WA 98032 Kent,WA 98032
EIN. 91-6001254
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Joshua Hall Laura Caparroso Bob Phillips
220 4th Ave South 1200 Sixth Avenue,Suite 900 Grants Administration,OMP-145
Kent, WA 98032 Seattle,VVA 98101 E-Mail: Phillips Bob@epa gov
E-Mail, Ihall@kentwa gov E-Mad- Caparroso Laura@epamail epa gov Phone:206-553-6367
Phone (253)856-5707 Phone 206-553-6378
PROJECT TITLE AND DESCRIPTION
Cy of Kent BF Assessment
City of Kent-Brownfields Community-Wide Assessment for Hazardous Substances&Petroleum
This Cooperative Agreement provides funding to the City or Kent,WA,to build a sustainable Brownfields program by developing the organizational
infrastructure within the City and with partners to permanently enhance the Citys process for assessing,remediahng and catalyzing the redevelopment and
resue of Brownfields sites
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2012 - 09/30/2015 10/01/2012 - 09/30/2015 1 $400,000 00
NOTICE OF AWARD
Based on your application dated 0612912012,including all modifications and amendments,the United States acting by and through the US Environmental
Protection Agency(EPA),hereby awards$400,000 EPA agrees to cost-share 100 00%of all approved budget period costs incurred,up to and not exceeding
total federal funding of$400,000 Such award may be terminated by EPA without further cause if the recipient fails to provide timely a unnation of the award b
signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt,or any extension of time,as may be granted by EPA This agreement is subject to applicable EPA statutory provisions The applicable regulatory
provisions are 40 CFR Chapter 1, Subchapter B,and all terms and conditions of this agreement and any attachments
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION I ADDRESS
EPA Region 10 US EPA Region 10
Mad Code OMP-145 Office of Environmental Cleanup
1200 Sixth Avenue,Suite 900 1200 Sixth Avenue,Suite 900
Seattle,WA 98101 Seattle,WA 98101
THE UNITED STATES OF AMERICA BY THE US ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Armina K Nolan-Manager-Grants and Interagency Agreements Unit DATE
07/31/2012
AFFIRMATION OF AWARD
nqX AND N BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATUR ""� J TYPED NAME AND TITLE
/.ate Mr Ben Welters,Director,Economic&Community Development �_ 6�
EPA Funding Information BF-OOJ65701-0 Page
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $400,000 $400,000
EPA In-Kind Amount $ $ S 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0
State Contribution $ $ $0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $400,000 $400,000
Assistance Program(CFDA) Statutory Authority Regulatory Authority
66 818-Brownfields Assessment and Cleanup CERCLA Sec 104(k)(2) 40 CFR PART 31
Cooperative Agreements
Fiscal
Site Name Req No FY Approp. Budget PRC Object S[te/Project Cost Obligation I
Code Organization Class Organization Deob(Igation
1210NEG024 12 E4 10N4AG7 301D79 4114 GOOONY00 200,000
1210NEG024 12 E4 10N4AG7 301 D79X6 411 GOOOOROO 200,000
400,000
BF-OOJ65701 -0 Page 3
Bud et Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $3,060
2 Fringe Benefits $857
3 Travel $4,400
4. Equipment $0
S. Supplies $9,000
6 Contractual $382,683
7.Construction $0
8 Other $0
9 Total Direct Charges $400,000
10.Indirect Costs: % Base $0
11.Total(Share. Recipient 0 00% Federal 100 00%.) $405,000
12.Total Approved Assistance Amount $400.000
13.Program Income $0
14 Total EPA Amount Awarded This Action $400,000
15 Total EPA Amount Awarded To Date $400,000
BF-OOJ65701-0 Page 4
Administrative Conditions
1 Payment Information
a. The Debt Collection Improvement Act of 1996 requires that Federal payments be made by electronic
funds transfer In order to comply with the Act, a recipient must receive payments via one of two
electronic methods available to them.
Automated Standard Application for Payments (ASAP)
The ASAP system is the preferred method of payment for EPA grantees. ASAP enrollment is highly
encouraged for organizations that have multiple grants/cooperative agreements and for those with a
frequent need to request funds If your organization uses multiple bank accounts for EPA
grants/cooperative agreements, you must enroll in ASAP. If you are interested in requesting and receiving
funds paperless and electronically via ASAP, please complete the ASAP Initiate Enrollment form located
at http//www epa._qov/ocfo/finservices/fon-ns.htm and fax it to LVFC at 702-798-2423.
Under this payment mechanism, the Recipient initiates, via ASAP, an electronic payment request which is
approved or rejected based on the amount of available funds authorized by EPA in the Recipient's
account Approved funds are credited to the recipient organization at the financial institution identified on
the recipient's ASAP enrollment application. Additional information concerning ASAP and enrollment can
be obtained by contacting the EPA Las Vegas Finance Center, at(702) 798-2485, or by visiting
www fms treas gov/asap
Electronic Funds Transfer(EFT)
Under this payment mechanism, the EPA Las Vegas Finance Center will obtain your organization's
banking information from your Central Contractor Registry (CCR) registration Upon completion of
required Regional training and receipt of the award affirmation, a Las Vegas Finance Center
Representative will send you an email message with your EFT Control Number and payment information.
Additional information concerning EFT can be obtained by contacting the EPA Las Vegas Finance Center
at(702) 798-2485, or by visiting http llwww epa qov/ocfotffnservices/payinfo.htm
NOTE If your banking information is not correct or changes at any time prior to the end of your
agreement, please update your CCR registration and notify the EPA Las Vegas Finance Center as soon
as possible so the new banking information can be retrieved This is vital to ensure proper and timely
deposit of funds.
b In accepting this assistance agreement, the recipient agrees to draw cash only as needed for its
disbursement Failure on the part of the recipient to comply with this condition may cause the undisbursed
portions of the assistance agreement to be revoked and financing method changed to a reimbursable
basis
2. Cost Principleslindirect Costs Not Included (All Organizations)
The cost principles of OMB Circular A-21, "Cost Principles for Educational Institutions,"relocated to 2
CFR Part 220, OMB Circular A-87, "State, Local or Indian Tribal Governments," relocated to 2 CFR Part
225, or OMB Circular A-122, "Cost Principles for Non-Profit Organizations," relocated to 2 CFR Part 230,
are applicable, as appropriate, to this award Since there are no indirect costs included in the assistance
budget, they are not allowable under this Assistance Agreement
1 3 Federal Financial Report(FFR)
Recipients shall submit final Federal Financial Reports (FFR), Standard Form 425 (SF-425), to EPA no
later than 90 calendar days after the end of the project period The form is available on the internet at
http l/www epa qov/ocfo/inservices/forms htm All FFRs must be submitted to the Las Vegas Finance
Center US EPA, LVFC,4220 S. Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX to:
702-798-2423
I
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Federal Financial Report Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 30.62 and 40 CFR 3143 if the recipient
does not comply with this term and condition
4 Audit Requirements
In accordance with OMB Circular A-133, which implements the Single Audit Act, the recipient hereby
agrees to obtain a single audit frorn an independent auditor, if it expends$500,000 or more in total
Federal funds in any fiscal year Within nine months after the end of a recipient's fiscal year or 30 days
after receiving the report from the auditor, the recipient shall submit the SF-SAC and a Single Audit Report
Package. The recipient MUST submit the SF-SAG and a Single Audit Report Package, using the
Federal Audit Clearinghouse's Internet Data Entry System Complete information on how to accomplish
the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site
htto//harvester census qov/fac/
5. Hotel-Motel Fire Safety Act
Pursuant to 40 CFR 30 18, if applicable, and 15 USC 2225a,the recipient agrees to ensure that all space
for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 101-391, as
amended) Recipients may search the Hotel-Motel National Master List at
http Nv✓ww usfa dhs qov/applications/hotel to see if a property is in compliance(FEMA ID is currently not
required), or to find other information about the Act
6 Recycled Paper
INSTITUTIONS OF HIGHER EDUCATION HOSPITALS AND NON-PROFIT ORGANIZATIONS:
In accordance with 40 CFR 30 16, the recipient agrees to use recycled paper and double sided printing for
all reports which are prepared as a part of this agreement and delivered to EPA This requirement does
not apply to reports prepared on forms supplied by EPA, or to Standard Forms,which are printed on
recycled paper and are available through the General Services Administration
STATE AGENCIES AND POLITICAL SUBDIVISIONS:
In accordance with Section 6002 of the Resource Conservation and Recovery Act(RCRA) (42 U.S.C.
6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to
any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was$10,000 or more RCRA Section 6002 requires
that preference be given in procurement programs to the purchase of specific products containing
recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION AND NON-PROFIT
ORGANIZATIONS:
In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, and non-profit
organizations that receive direct Federal funds shall give preference in their procurement programs
funded with Federal funds to the purchase of recycled products pursuant to EPNs guidelines
STATE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS:
In accordance with the polices set forth in EPA Order 1000 25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management(January 24, 2007), the recipient agrees
to use recycled paper and double sided printing for all reports which are prepared as a part of this
agreement and delivered to EPA This requirement does not apply to reports prepared on forms supplied
by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General
Services Administration
7 Lobbying
i ALL RECIPIENTS:
The recipient agrees to comply with Title 40 CFR Part 34, New Resfictions on Lobbying . The recipient
shall include the language of this provision in award documents for all subawards exceeding $100.000,
and require that subrecipients submit certification and disclosure forms accordingly
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Part 34 or fads to file the required certification or lobbying forms shall be subject to a
civil penalty of not less than$10,000 and not more than $100,000 for each such expenditure.
PART 30 RECIPIENTS:
All contracts awarded by a recipient shall contain, when applicable,the anti-lobbying provision as
stipulated in the Appendix at Title 40 CFR Part 30
Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit
organization described in Section 501(c)(d) of the Internal Revenue Code of 1986, or that it is a nonprofit
organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying
activities as defined in Section 3 of the Lobbying Disclosure Act
8 Lobbying and Litigation
ALL RECIPIENTS:
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular(A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the
United States or for lobbying or other political activities
9 Suspension and Debarment
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient
is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part
180 and 2 CFR Part 1532, entitled"Covered Transactions," includes a term or condition requiring
compliance with Subpart C Recipient is responsible for further requiring the inclusion of a similar term or
condition in any subsequent lower tier covered transactions Recipient acknowledges that failing to
disclose the information as required at 2 CFR 180 335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment
Recipient may access the Excluded Parties List System at www epls gov This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters"
10. Drug-Free Workplace Certification for all EPA Recipients
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536
Subpart B Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drag-free provisions set forth in Title 2 CFR
Part 1536 Subpart C
The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E
Recipients can access the Code of Federal Regulations (CFR)Title 2 Part 1536 at
htto I/ecfr gpoaccess gov
11 Management Fees
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable The term"management fees or similar charges' refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work
i
12 Reimbursement limitation
If the recipient expends more than the amount of federal funding in its EPA approved budget in
anticipation of receiving additional funds from EPA, it does so at its own risk EPA is not legally obligated
to reimburse the recipient for costs incurred in excess of the EPA approved budget
13. Trafficking in Persons
a Provisions applicable to a recipient that is a private entity.
1 You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not—
( Engage in severe forms of trafficking in persons during the period of time that the award
is in effect,
it Procure a commercial sex act during the period of time that the award is in effect, or
ill. Use forced labor in the performance of the award or subawards under the award
2 We as the Federal awarding agency may unilaterally terminate this award,without penalty, if
you or a subrecipient that is a private entity—
i Is determined to have violated a prohibition in paragraph a.1 of this award term;or
ii Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a 1 of this award term through conduct
that is either—
A Associated with performance under this award, or
B Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Non procurement)," as implemented by our Agency at 2 CFR 1532
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
1 Is determined to have violated an applicable prohibition in paragraph a.1 of this award term, or
2 Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a 1 of this award term through conduct that is
either—
i Associated with performance under this award; or
n Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Non procurement)," as implemented by our agency at 2 CFR 1532
c Provisions applicable to any recipient
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a 1 of this award term
2 Our right to terminate unilaterally that is described in paragraph a 2 or b of this section
i Implements section 106(g) of the Trafficking Victims Protection Act of 2000(TVPA), as
amended (22 U S C 7104(g)), and
ii Is in addition to all other remedies for noncompliance that are available to us under this
award.
3 You must include the (equirements of paragraph a.1 of this award term in any subaward you
make to a private entity
d. Definitions For purposes of this award term
1 "Employee" means either
i An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award, or
n Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements
14. Trafficking Victim Protection Act of 2000 (TVPA) as Amended.
i
I
To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended,
the following provisions apply to this award
a We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below, or(2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either (a) associated with performance under this award, or(b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1)implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U S C 7104(g)),
and (2) is in addition to all other remedies for noncompliance that are available to us under this award
c, You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity,
Prohibition Statement- You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect, procure a commercial sex act during the period of time that the award is in
effect, or use forced labor in the performance of the award or subawards under the award
15 DUNS and CCR Requirements (Effective 1010112010)
Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25 110, you as the recipient must
maintain the currency of your information in the CCR until you submit the final financial report required
under this award or receive the final payment, whichever is later. This requires that you review and
update the information at least annually after the initial registration, and more frequently if required by
changes in your information or another award term
B Requirement for Data Universal Numbering System {DUNS)numbers
If you are authorized to make subawards under this award, you.
1 Must notify potential subrecipients that no entity(see definition in paragraph C of this award
term)may receive a subaward from you unless the entity has provided its DUNS number to you
2 May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C Definitions.
For purposes of this award tern
1. Central Contractor Registration (CCR) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient Additional information
about registration procedures may be found at the CCR Internet site (currently at
http-//www ccr gov)
2. Data Universal Numbering System (DUNS) number means the nine-digit number established
and assigned by Dun and Bradstreet, Inc (D&B)to uniquely identify business entities. A DUNS
number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet
(currently at http//fedgov dnb com/webform)
3 EntitV, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a.A Governmental organization,which Is a State, local government, or Indian tribe;
b A foreign public entity,
c A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization, and
e A Federal agency, but only as a subreciprent under an award or subaward to a non-Federal
entity
4. Subaward
a This term means a legal instrument to provide support for the performance of any portion
of the substantive projector progr am for which you received this award and that you as the
recipient award to an eligible subreciprent
b The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. --.210 of the attachment to OMB
Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations")
c A subaward maybe provided through any legal agreement, including an agreement that
you consider a contract
5 Subrecip ent means an entity that
a Receives a subaward from you under this award; and
b Is accountable to you for the use of the Federal funds provided by the subaward
I 16 Subaward Reporting and Executive Compensation
A Reporting of first-her subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates$25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub.
L. 111-5)for a subaward to an entity(see definitions in paragraph e of this award term)
2 Where and when to report
r. You must report each obligating action described in paragraph a 1. of this award term to
www fsrs gov
ir. For subaward information, report no later than the end of the month following the month in
which the obligation was made. (For example, if the obligation was made on November 7
2010, the obligation must be reported by no later than December 31, 2010 )
3 What to report You must report the information about each obligating action that the submission
instructions posted at www fsrs gov specify
B Reporting Total Compensation of Recipient Executives
1 Applicability and what to report You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if—
i The total Federal funding authorized to date under this award is $25,000 or more,
6 In the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170 320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts)and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170 320 (and subawards), and
III The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of
1934(15 U S C 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (To
determine if the public has access to the compensation information, see the U S. Security and
Exchange Commission total compensation filings at
http)/wwvv sec gov/answers/execomp htm )
2 Where and when to report You must report executive total compensation described in paragraph
b 1. of this award term
i As part of your registration profile at www ccr qov.
it By the end of the month following the month in which this award is made, and annually
thereafter.
C Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if
i in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts(and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170 320(and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts(and subcontracts), and Federal financial assistance subject to the
Transparency Act(and subawards), and
ii The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of
1934 (15 U S C 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (To
determine if the public has access to the compensation information, see the U S Security and
Exchange Commission total compensation filings at
http//www sec gov/answers/execomp him )
2. Where and when to report.You must report-subrecipient executive total compensation described in
paragraph c 1 of this award term
i To the recipient
it By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given year
(i e , between October 1 and 31), you must report any required compensation information of
the subrecipient by November 30 of that year
D Exemptions
If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from
the requirements to report
i. subawards, and
ii the total compensation of the five most highly compensated executives of any subrecipient
E. Definitions For purposes of this award term
1. Entity means all of the following, as defined in 2 CFR part 25•
i. A Governmental organization, which is a State, local government, or Indian tribe,
ii. A foreign public entity,
iii A domestic or foreign nonprofit organization,
iv. A domestic or foreign for-profit organization;
v A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity
2 Executive means officers, managing partners, or any other employees in management positions.
3 Subaward*
i This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient
it The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec --210 of the attachment to OMB
Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations").
iu A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers 2 contract
4. Subrecipjent means an entity that,
i. Receives a subaward from you(the recipient) under this award, and
ii is accountable to you for the use of the Federal funds provided by the subaward
5. Total compensation means Uie cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following(for more information see
17 CFR 229 402(c)(2))
i Salary and bonus
a Awards of stock, stock options, and stock appreciation rights Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No 123(Revised 2004)
(FAS 123R), Shared Based Payments
ur Earnings for services under non-equity incentive plans This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv Change in pension value This is the change in present value of defined benefit and
actuarial pension plans.
v Above-market earnings on deferred compensation which is not tax-qualified.
yr Other compensation, if the aggregate value of all such other compensation (e g
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property)for the executive exceeds$10,000
17. Subawards
a. The recipient agrees to
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project
(this responsibility cannot be delegated or transferred to a subrecip(ent),
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133
and are not used to acquire commercial goods or services for the recipient;
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward
costs are necessary, reasonable, and allocable,
(5) Ensure that any subawards to 501(c)(4)organizations do not involve lobbying activities
(6) Monitor the performance of their recipients and ensure that they comply with all applicable
regulations, statutes, and tennis and conditions which flow down in the subaward,
(7) Obtain EPA's consent before making a subaward to a foreign or international organization,or a
subaward to be performed in a foreign country, and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work
iplan in accordance with 40 CFR Parts 30 25 and 31 30, as applicable
b Any questions about subrecjpient eligibility or other issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer Additional information regarding subawards may be
found at http://www.epa qov/ogd/guide/subaward-policy-part-2 pdf Guidance for distinguishing between
vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d)of OMB Circular
fA-133 can be found at http//www eoa qov/ogd/guide/subawards-appendix-b pdf and
htto,llww\vwhitehouse qov/sites!default/files/omb/assets/a133/a133 revised 2007 pdf
c The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward
competitions.
18 FYI APPR ACT: Unpaid Federal Tax Liabilities and Federal Felony Convictions
This award is subject to the provisions contained in the Department of Interior, Environment, and Related
Agencies Appropriations Act;2012, HR 2055, Division E, Sections 433 and 434 (sections 433 and 434)
regarding unpaid federal tax liabilities and federal felony convictions Accordingly, by accepting this award
the recipient acknowledges that it (1) is not subject to any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of
a felony criminal conviction under any Federal law within 24 months preceding the award, unless EPA has
considered suspension or debarment of the corporation, or such officer or agent, based on these tax
liabilities or convictions and determined that such action is not necessary to protect the Government's
interests If the recipient fads to comply with these provisions, EPA will annul this agreement and may
recover any funds the recipient has expended in violation of sections 433 and 434
19 Disadvantaged Business Enterprise Requirements (Effective May 27,2008)
GENERAL COMPLIANCE,40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority
and W'omen's Business Enterprises in procurement under assistance agreements, contained in 40 CFR,
Part 33
FAIR SHARE OBJECTIVES,40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share
objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance
agreements.
Current Fair Share Objective/Goat
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial
assistance agreements in the current federal fiscal year from EPA is over$250,000. The Washington
Dept of Ecology has negotiated the following applicable MBE/WBE fair share objectives/goals with EPA as
follows-
MBE SUPPLIES 8 00%, SERVICES 10 00%; EQUIPMENT 8.00%; CONSTRUCTION 10.00%
WBE, SUPPLIES 4 00%, SERVICES 4.00%, EQUIPMENT 4.00%, CONSTRUCTION 6 00%
Negotiating Fair Share Objectives/Goals,40 CFR, Section 33.404
if the recipient has not yet negotiated its MBE/WBE fair share objectives/goals, the recipient agrees to
submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of
qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies
and equipment
The recipient agrees to submit proposed fair share objectives/goals,together with the supporting
availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its
acceptance of the financial assistance award EPA will respond to the proposed fair share objective/goals
within 30 days of receiving the submission If proposed fair Share objective/goals are not received within
the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective/goals are submitted
Objective/Goats of Loan Recipients
As a recipient of an EPA financial assistance agreement to capitalize revolving loan funds, the recipient
agrees to either apply its own fair share objectives negotiated with EPA to identified loans using a
substantially similar relevant geographic market, or negotiate separate fair share objectives with its
identified loan recipients These separate objectives/goals must be based on demonstrable evidence of
the availability of MBEs and WBEs in accordance with 40 CFR, Part 33, Subpart D
The recipient agrees that if procurements will occur over more than one year, the recipient may choose to
apply the fair share objective in place either for the year in which the identified loan is awarded or for the
year in which the procurement action occurs The recipient must specify this choice in the financial
assistance agreement, or incorporate it by reference therein
SiX GOOD FAITH EFFORTS,40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33 301, the recipient agrees to make the following good faith efforts
1 whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply Records
documenting compliance with the six good faith efforts shall be retained
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities For Indian Tribal, State and Local and Government recipients, this will
include placing DBEs on solicitation lists and soliciting them whenever they are potential sources
(b) Make information on forthcoming opportunities available to DBEs and arrange time frarnes for
I
contracts and establish delivery schedules,where the requirements permit, in a way that encourages and
facilitates participation by DBEs in the competitive process This includes, whenever possible, posting
solicitations for bids or proposals fot a minimum of 30 calendar days before the bid or proposal closing
date
(c) Consider in the contracting process whether firms competing for large contracts could subcontract with
DBEs For Indian Tribal, State and local Government recipients, this will Include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to
handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the
Department of Commerce
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a)through (e) of this section.
€trtBE/WBE REPORTING,40 CFR,Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBEAIIVBE Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements beginning with the Federal fiscal year
reporting period the recipient receives the award and continuing until the project is completed Only
procurements with certified MBE/WBEs are counted toward a recipient's MBENVBE
accomplishments. The reporting period is semiannual,with reporting periods ending March 31'and
September 30th The reports must be submitted within 30 days of the end of the semiannual reporting
periods, April 30" and October 30`h
Recipients of financial assistance agreements that capitalize revolving loan programs agree to require
entities receiving identified loans to submit their MBE/VIBE participation reports on a semiannual basis to
the financial assistance agreement recipient, rather than to EPA
Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200 Sixth Avenue,
Suite 900, Mailcode: OMP-145,Seattle,WA 98101. For further information, please contact Greg
Luchey at(206) 563-2967,email, Luchey.Greena.epa gov. Final MBEM/BE reports must be submitted
within 90 days after the project period of the grant ends. Your grant cannot be officially closed
without all MBEIWBE reports
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www epa govlosbp
CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33 302.
The recipient also agrees to ensure that recipients of identified loans also comply with provisions of 40
CFR, Section 33 302
BIDDERS LIST,40 CFR, Section 33.501(b)and (e)
Recipients of a Continuing Environmental Program Grantor other annual reporting grant, agree to create
and maintain a bidders list Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the
recipient of the loan IS subject to, or chooses to follow, competitive bidding requirements Please see 40
CFR, Section 33 501 (b) and (c)for specific requirements and exemptions
20 Payment to Consultants
EPA participation in the salary rate(excluding overhead) paid to individual consultants retained by
recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for
Level IV of the Executive Schedule(formerly GS-18), to be adjusted annually This limit applies to
consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate
As of January 1, 2012, the limit is $596 00 per day$74 50 per hour This rate does not include
transportation and subsistence costs for travel performed (the tecipient will pay these in accordance with
their normal travel reimbursement practices)
I
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation See 40 CFR 30 27(b)or 40 CFR
31,360), as applicable, for additional information.
NOTE. For future years' limits, the recipient may find the annual salary for Level IV of the Executive
Schedule on the following Internet site http//www opm gov/oca Select"Salary and Wages", and select
"Executive Schedule" The annual salary is divided by 2087 hours to determine the maximum hourly rate,
which is then multiplied by 8 to determine the maximum daily rate.
Programmatic Conditions
Region 10 -FY12 Assessment Terms and Conditions
Please note that these Terns and Conditions (T&Cs) apply to Brownfields Assessment Grants awarded
under CERCLA§ 104(k)
1.GENERAL FEDERAL REQUIREMENTS
NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible
activities under the Comprehensive Environmental Response,Compensation, and Liability Act
(CERCLA) § 104(k)(2)(A)(I)such as activities involving the inventory,characterization, assessment,
and planning relating to brownfield sites as described in the EPA approved work plan.
A. Federal Policy and Guidance
1. a Cooperative Agreement Recipients. By awarding this cooperative agreement, EPA has
approved the proposal for the Cooperative Agreement Recipient(CAR) submitted in the Fiscal
Year 2012 competition for Brownfields assessment cooperative agreements However, the CAR
may not expend ("draw down")funds to carry out this agreement until EPA's award official
approves the final work plan
b In implementing this agreement, the CAR shall ensure that work done with cooperative
agreement funds complies with the requirements of the Comprehensive Environmental
Response, Compensation, and Liability Act(CERCLA) § 104(k) The CAR shall also ensure that
assessment activities supported with cooperative agreement funding comply with all applicable
Federal and State laws and regulations.
c The recipient must comply with Federal cross-cutting requirements These requirements
include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33, OSHA Worker
Health &Safety Standard 29 CFR 1910 120, the Uniform Relocation Act, National Historic
Preservation Act, Endangered Species Act, and Permits required by Section 404 of the Clean
Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations
at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC §
327-333) the Anti Kickback Act(40 USC§276c) and Section 504 of the Rehabilitation Act of 1973
as implemented by Executive Orders 11914 and 11250
d. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U.S.
Department of Labor(DOL) regulations for all construction, alteration and repair contracts and
subcontracts awarded with funds provided under this agreement Activities conducted under
assessment grants generally do not involve construction, alteration and repair within the meaning
of the Davis-Bacon Act The recipient must contact EPA's Project Officer if there are unique
circumstances (e.g removal of an underground storage tank or another structure and restoration
of the site)which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry
out with funds provided under this agreement The Agency will provide guidance on Davis-Bacon
Act compliance if necessary
B. Eligible Brownfields Site Determinations
1, a The CAR must provide information to EPA about site-specific work prior to incurring any costs
under this cooperative agreement for sites that have not already been pre-approved in the CAR's work
plan by the EPA The information that must be provided includes whether or not the site meets the
definition of a brownfield site as defined in § 101(39) of CERCLA, the identity of the owner, and the date of
acquisition
b if the site is excluded from the general definition of a brownfield, but is eligible for a
property-specific funding deten-nination, then the CAR must provide information
sufficient for EPA to make a property-specific funding determination The CAR must
provide sufficient information on how financial assistance will protect human health and
the environmenz, and either promote economic development or enable the creation of,
preservation of, or addition to parks, greenways, undeveloped property, other
recreational property, or other property used for nonprofit purposes The CAR must not
incur costs for assessing sites requiring a property-specific funding determination by
EPA until the EPA Project Officer has advised the CAR that the Agency has determined
that the property is eligible
2 a When this cooperative agreement includes petroleum funding, for any petroleum contaminated
brownfield site that is not included in the CAR's EPA approved work plan, the CAR shall provide sufficient
documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see
the latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants for discussion of this
element) documenting that
(1) a State has determined that the petroleum site is of relatively low risk, as
compared to other petroleum-only sites in the State,
(2) the State determines there is"no viable responsible party"for the site;
(3) the State determines that the person assessing or investigating the site is a
person who is not potentially liable for cleaning up the site, and
(4)the site is not subject to any order issued under section 9003(h) of the Solid Waste
Disposal Act
This documentation must be prepared by the CAR or the State following contact and
discussion with the appropriate petroleum program official.
b. Documentation must include(1)the identity of the State program official
contacted, (2)the State official's telephone number, (3)the date of the contact,
and (4) a summary of the discussion relating to the state's determination that
the site is of relatively low risk, that there is no viable responsible party and that
the person assessing or investigating the site is not potentially liable for cleaning
up the site Other documentation provided by a State to the recipient relevant to
any of the determinations by the State must also be provided to the EPA Project
Officer
c If the State chooses not to make the determinations described in 2 a. above,the
CAR must contact the EPA Project Officer and provide the information
necessary for EPA to make the requisite determinations.
d. EPA will make all determinations on the eligibility of petroleum-contaminated brownfields
sites located on tribal lands (i e , reservation lands or lands otherwise in Indian country, as
defined at 18 U S C 1151) Before incurring costs for these sites, the CAR must contact
the EPA Project Officer and provide the information necessary for EPA to make the
determinations described in 2 a above
II. GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
I
A. Term of the Agreement
i
1. The term of this agreement is three years from the date of award, unless otherwise extended by
EPA at the CAR's request
2 If after 18 months from the date of award, EPA determines that the CAR has not made sufficient
I
progress in implementing its cooperative agreement, the recipient must implement a corrective
action plan approved by the EPA PO or EPA may terminate this agreement for material
non-compliance with its terms For purposes of assessment grants, the recipient demonstrates
"sufficient progress"when 35% of funds have been drawn down and obligated to eligible activities,
for assessment coalition grants"sufficient progress" is demonstrated when a solicitation for
services has been released, sites are prioritized or an inventory has been initiated if necessary,
community involvement activities have been initiated and a Memorandum of Agreement is in
place
3. Assessment funding for an eligible brownfieid site may not exceed $200.000 unless a waiver has
been granted by EPA Following the granting of a waiver, funding is not to exceed $350,000 at
the site
B. Substantial involvement
1 The EPA may be substantially involved in overseeing and monitoring this cooperative agreement
a Substantial involvement by EPA generally includes administrative activities such
as monitoring, reviewing project phases, and approving substantive terms
included in professional services contracts
b Substantial EPA involvement also includes brownfields property-specific funding
determinations described in I B under Eligible Brownfields Site Determinations
above. If the CAR awards a subgrant for site assessment, the CAR must obtain
technical assistance from EPA on which sites qualify as a brownfieid site and
determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV)
of CERCLA applies This prohibition precludes the subgrantee from using EPA
funds to assess a site for which the subgrantee is potentially liable under§ 107
of CERCLA. (See Section II C,3 for more information on subgrants )
c Substantial EPA involvement may include reviewing financial and environmental
status reports, and monitoring all reporting, record-keeping, and other program
requirements
d. EPA may waive any of the provisions in term and condition II B 1 , with the
exception of property-specific funding determinations EPA will provide waivers
in,writing
2 Effect of EPA's substantial involvement includes.
a EPA's review of any project phase, document, or cost incurred under this
cooperative agreement,will not have any effect upon CERCLA§ 128 Eligible
Response Site determinations or rights, authorities, and actions under CERCLA
or any Federal statute
b. The CAR remains responsible for ensuring that all assessments are protective
of human health and the environment and comply with all applicable Federal
and State laws
c The CAR and its subgrantees remain responsible for incurring costs that are
I allowable under the applicable OMB Circulars
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s)to coordinate,
direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a
professional on staff
2 The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients
4 and contractors comply with the terms and conditions of this agreement
3 Subgrants are defined at 40 CFR 31 3 The CAR may not subgrant to for-profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement under
competitive procurement procedures as described in 40 CFR 31 36 In addition, EPA policy encourages
awarding subgrants competitively and the CAR must consider awarding subgrants through competition
4 The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received
under this grant, or in combination with any other previously awarded Brownfields Assessment grant does
not exceed the S200,000 assessment grant funding limitation for an individual brownfiefd site Waiver of
this funding limit for a brown fields site must be approved by EPA prior to the expenditure of funding
exceeding $200,000 In no case may EPA funding exceed$350,000 on a site receiving a waiver.
5. CARs expending funding from a community-wide assessment grant on a particular site must
include such funding amount in any total funding expended on the site
D. Quarterly Progress Reports
1. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly
progress reports must include
a Summary of approved activities performed during the reporting quarter, summary of the
performance outputs/outcomes achieved during the reporting quarter, a description of
problems encountered during the reporting quarter that may affect the project schedule
and a discussion of meeting the performance outputs/outcomes
b. An update on project schedules and milestones
c. A list of the properties where assessment activities were performed and/or completed
during the reporting quarter.
d A budget recap summary table with the following information current approved project
budget, costs incurred during the reporting quarter, costs incurred to date (cumulative
expenditures), and total remaining funds
e Recipient quarterly reports must clearly identify which activities performed during the reporting
period were undertaken with EPA funds, and must relate EPA-funded activities to the
objectives and milestones agreed upon in the work plan Including a list of sites where
assessment activities were completed To the extent consistent with the EPA approved work
plan for this agreement, activities undertaken with EPA funds to be included in quarterly
performance and financial reporting may Include-
i Action Start Date (intenm measure to show grant progress)
if Acres perproperty
in. Assessments completed
IV No cleanup required
v. Types of contaminants found
vi Acres of greenspace created
vii Engineen ighnstitutional controls required, what type and whether they are in
place
viii Cleanup plans
ix Redevelopment underway
x Funds leveraged
xi Jobs leveraged
xii. Health monitoring studies, insurance, institutional controls funded
xiii Lessons learned during planning and implementation, summary of project
xiv Photos of events and sites worked on, including before and after
f. Documentation of the best efforts to identify and use clean diesel technologies, clean fuels,
and/or other diesel emissions reductions practices
g When considering approaches to the assessment and cleanup of properties EPNs
recommendation of best practices should be implemented whenever possible
i Use energy efficient equipment to minimize energy consumption and use cleaner fuels
to power machinery and auxiliary equipment
ii Minimize the generation of greenhouse gases by minimizing the generation and
transport of airborne contaminants and dust
iii Minimize water use and impacts to water resources and employ best
management practices for storm water
2 The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended on specific properties under this cooperative agreement
3 In accordance with 40 CFR 31 40(d), the CAR agrees to inform EPA as soon as problems,
delays, or adverse conditions become known which will materially impair the ability to meet the
outputs/outcomes specified in the approved work plan
E. Property Profile Submission
1. The CAR must report on interim progress (i e., assessment started) and any final
accomplishments (i e , assessment completed, cleanup required, contaminants, Institution
Controls, Engineering Controls) by completing and submitting relevant portions of the Property
Profile Form using the Brownfields Program on-line reporting system, known as Assessment,
Cleanup and Redevelopment Exchange System (ACRES) The CAR must enter the data in
ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days
after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaining
access to ACRES The training is required to obtain access to ACRES The CAR must utilize
the ACRES system unless approval is obtained from the regional Project Officer to utilize the
Property Profile Form
F. Final Report
1. The CAR must submit a final report at the end of the period of performance in order to finalize the
closeout of the grant. This final report must capture the site names, what work was done at each
site and how much was spent at each site It should also provide information that documents the
outreach efforts done by the CAR and and a summary of other activities as listed under II.D.1
above that help explain where the funding was utilized The final report is due within 90 days of
the end of the project period and with approval from the EPA project officer, may be submitted in
lieu of a final quarterly report
Ill. FINANCIAL ADMINISTRATION REQUIREMENTS
A Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the work plan, cooperative agreement funds may be used for
eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach
Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions.
In addition, such eligible programmatic expenses may include
a Determining whether assessment activities at a particular site are authorized by CERCLA
§ 104(k),
b Ensuring that an assessment complies with applicable requirements under Federal and
State laws, as required by CERCLA§ 104(k),
C. Using a portion of the grant to purchase environmental insurance for the characterization
or assessment of the site, Funds may not be
used to purchase insurance intended to provide coverage for any of the Ineligible Uses
under
Section ULB
d. Any other eligible programmatic costs including direct costs incurred by the recipient in
reporting to EPA, procuring and managing contracts, awarding and managing subgrants
to the extent allowable under III B 2 , and carrying out community involvement pertaining
to the assessment activities
2. Local Governments only. No more than 10%of the funds awarded by this agreement maybe
used for brownfield program development and implementation (including monitoring of health and
institutional controls) as described in Task 1 of the EPA approved work plan The CAR must
maintain records on ftoids that will be used to carry out Task 1 of its EPA approved work plan to
ensure compliance with this requirement
B. ineiigibte Uses of the Funds for the Cooperative Agreement Recipient
1 Cooperative agreement funds shall not be used by the CAR for any of the following activities
a Cleanup activities,
b Development activities that are not brownfields assessment activities(e.g , construction of a
new fac(lity),
c. Job training unrelated to performing a specific assessment at a site covered by the grant;
d. To pay for a penalty or fine;
e To pay a federal cost share requirement(for example, a cost-share required by another Federal
grant) unless there is specific statutory authority,
f To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is
potentially liable under CERCLA§ 107,
g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws
applicable to the assessment, and
h. Unallowable costs(e g , lobbying and fund raising) under applicable OMB Circulars
2 Under CERCLA§ 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable OMB Circulars.
a Ineligible administrative costs include costs incurred in the form of salaries,
benefits, contractual costs, supplies, and data processing charges, incurred to
comply with most provisions of the Uniform Administrative Requirements for
Grants contained to 40 CFR Part 31 Direct costs for grant administration, with
the exception of costs specifically identified as eligible programmatic costs, are
ineligible even if the grant recipient is required to carry out the activity under the
grant agreement
b. Ineligible grant administration costs include direct costs for
(1) Preparation of applications for brownfields grants;
(2) Record retention required under 40 CFR 31.42;
I (3) Record-keeping associated with supplies and equipment purchases required under
40 CFR 31.32 and 3133,
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and
other activities required under 40 CFR 31 30;
(5) Maintaining and operating financial management systems required under 40 CFR 31;
(6) Preparing payment requests and handling payments under40 CFR 31 21;
(7) Non-federal audits required under 40 CFR 31 26 and OMB Circular A-133, and
(8) Close out under 40 CFR 31 50
3. Cooperative agreement funds may not be used for any of the following properties•
1
a Facilities listed,or proposed for listing, on the National Priorities List(NPL),
b Facilities subject to unilateral administrative orders, court orders, administrative
orders on consent or judicial consent decree issued to or entered by parties
under CERCLA,
c Facilities that are subject to the jurisdiction, custody or control of the United
States government except for land held in trust by the United States
government for an Indian tribe, or
d A site excluded from the definition of a brownfields site for which EPA has not
made a property-specific funding determination
4. The CAR must not include management fees or similar charges in excess of the direct costs or at
the rate provided for by the terms of the agreement negotiated with EPA The term"management
fees or similar charges" refers to expenses added to the direct costs in order to accumulate and
reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that
are not allowable under EPA assistance agreements Management fees or similar charges may
not be used to improve or expand the project funded under this agreement, except to the extent
authorized as a direct cost of carrying out the scope of work.
C. Interest-Searing Accounts and Program Income
1 In accordance with 40 CFR 31 25(g)(2),the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of this
agreement. Program income for the assessment CAR shall be defined as the gross income received by
the recipient, directly generated by the cooperative agreement award or earned during the period of the
award Program income includes, but is not limited to, fees charged for conducting assessment, site
characterizations, clean up planning or other activities when the costs for the activity is charged to this
agreement.
2 The CAR must deposit advances of grant funds and program income (i e. fees) in an interest
bearing account
a For interest earned on advances, CARS are subject to the provisions of 40 CFR
§31 21(1)to remitting interest on advances to EPA on a quarterly basis
b Interest earned on program income is considered additional program income.
c The CAR must disburse program income (including interest earned on program
income) before requesting additional payments from EPA as required by 40 CFR
31.21(f)
IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
1 Prior to conducting or engaging in any on-site activity with the potential to impact historic
properties(such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of
the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any
requirements of the Act and implementing regulations
B. Quality Assurance(QA) Requirements
1 When environmental samples are collected as part of the brownfields assessment, the
CAR shall comply with 40 CFR Part 3145 requirements to develop and implement quality assurance
practices sufficient to produce data adequate to meet project objectives and to minimize data loss State
law may impose additional QA requirements
iC. Completion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA approved
woi k plan This must be done through a final report or letter from a qualified environmental professional,
or other documentation provided by a State of Tribe that shows assessments are complete
D. All appropriate Inquiry
1. As required by CEP,CLA§ 104(k)(2)(B)(ii) and CERCLA§ 101(35)(B), the CAR shall ensure that a
Phase I site characterization and assessment carried out under this agreement will be performed
in accordance with EPA's standard for all appropriate inquiries The CAR shall utilize the
practices in ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment*
Phase I Environmental Site Assessment Process,"or EPA's All Appropriate Inquiries Final Pule
°AII Appropriate Inquiries Rule Reporting Requirements and Suggestions on Report Content",
(Publication Number EPA 560-F-06-244) This does not preclude the use of grant funds for
additional site characterization and assessment activities that may be necessary to characterize
the environmental impacts at the site or to comply with applicable State standards.
2. All Appropriate Inquiries(AAI)final reports produced with funding from this agreement must
comply with 40 C F R Part 312 and must, at a minimum, include the information below All AAI
reports submitted to EPA Project Officers as deliverables under this agreement must be
accompanied by a completed "Reporting Requirements Checklist"that EPA's Project
Officer v✓ill provide to the recipient. The checklist also is available to grantees on the EPA
website at vnvv✓epa gov/brownfields
a An opinion as to whether the inquiry has identified conditions indicative of releases or
threatened releases of hazardous substances, and as applicable, pollutants and
contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the
subject property
b An identification of "significant" data gaps (as defined.in 40 C F R 312 10), if any, in the
information collected for the inquiry. Significant data gaps include missing or unattainable
information that affects the ability of the environmental professional to identify conditions
indicative of releases or threatened releases of hazardous substances, and as applicable,
pollutants and contaminants, petroleum or petroleum products, or controlled substances, on,
at, in, or to the subject property The documentation of significant data gaps must include
information regarding the significance of these data gaps
c. Qualifications and signature of the environmental professional(s) The environmental
professional must place the following statements in the document and sign the document
"(l, We]declare that, to the best of[my, our]professional knowledge and belief, fl, we]
meet the definition of Environmental Professional as defined in §312 10 of this part."
"(1, We]have the specific qualifications based on education, training, and experience to
assess a property of the nature, history, and setting of the subject property [l. We]have
developed and performed the all appropriate inqurnes in conformance with the standards and
practices set forth in 40 CFR Part 312 "
Note: Please use either"I" or"We."
d In compliance wrth'§312 31(b), the environmental professional must include in the final report
an opinion regarding additional appropriate investigation , if the environmental
professional has such an opinion
3 EPA may review checklists and AAI final reports for compliance with the AAI regulation
documentation requirements at 40 CFR part 312 (or comparable requirements for those using
ASTM Standard 1527-05) Any deficiencies identified during an EPA review of these documents
must be corrected by the recipient within 30 days of notification Failure to correct any identified
deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 40
CFR 31 43(a)(2) If 2 recipient willfully fails to correct the deficiencies Hie Agency may consider
I
other available remedies under 40 CFR 31 A3 and 2 CFR Part 180
V. Conftict of interest: Appearance of tack of Impartiality
A. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of
impartiality Such situations include, but are not limited to, situations in which an employee, official,
consultant, contractor, or other individual associated with the CAR(affected party) approves or
administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other
interest Such a conflict of interest or appearance of lack of impartiality may arise when.
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subgrant recipient
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value
from subgrant recipients. Recipients may set minimum rules where the financial interest is not
substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by
State or local law or regulations, such standards of conduct will provide for penalties,sanctions, or
other disciplinary actions for violations of such standards by affected parties
Vt. PAYMENT AND CLOSEOUT
A. Payment Schedule
1. The CAR may request payment from EPA pursuant to 40 CFR§31 21(c) Also see
Administrative Term and Condition#9
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR 31.50 EPA will closeout the award when
it determines that all applicable administrative actions and all required work of the grant have been
completed
2 The CAR, within 90 days after the expiration or termination of the grant, must submit all financial,
performance, and other reports required as a condition of the grant.
a. The CAR must submit the following documentation.
1. The Final Report as described in II F.
2 A Final Federal Financial Report(FFR-SF425) See Administrative Term and
Condition#3
3 A Final MBEMBE Report (EPA Form 5700-52A) Submitted to the regional
office See Administrative Term and Condition#19
b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property
Profile Forms are submitted to the Region
The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered)
I
cash advanced that is not authorized to be retained for use on other grants.
I
I
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.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. 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.
ATE
A�o CERTIFICATE OF LIABILITY INSURANCE D12/17120012 YI {
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 INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER I
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 endorsement(s))
PRODUCER CONTACT
ANDREA OTTO
AON REED STENHOUSE INC PHONE o Ex 1-B00-444-3017 a
A No 952-656-8834 l
AON RISK SERVICES CENTRAL,INC. ADDRESS ANDREA OTTO AON COM
900-10025-102A AVENUE INSURER(S)AFFORDING COVERAGE NAIC If
EDMONTON,AB T5J OY2 INSURER A ZURICH AMERICAN INSURANCE COMPANY 16535
INSURED INSURER B ZURICH AMERICAN INSURANCE COMPANY 16535
STANTEC CONSULTING SERVICES INC INSURER C ZURICH INSURANCE COMPANY
12034-134TH COURT NE, SUITE 102 INSURER D ZURICH AMERICAN INSURANCE COMPANY 16535 I
REDMOND WA 98052 INSURER E I
INSURER F
COVERAGES CERTIFICATE NUMBER- 354 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADDL SUER POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSR MD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY
A GENERAL LIABILITY X GLO6556026 05/01/12 05/01/13 EACH OCCURRENCE $ 2,000,000
PRESESOaocooeX MMERCIAL GENERAL LIABILITY MI (E rrnce) $ 300,000
CLAIMS-MADE IX OCCUR XCU COVER INCLUDED MED EXP(Any one person) $ 10000
X CONTRACTUAUCROSS LIABILITY PERSONAL&ADV INJURY S 2,000,000
)( OWNERS&CONTRACTORS GENERAL AGGREGATE S 4,000,000
GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPlOP AGG S 2 000 000
J ECT
POLICY X PRO- X LOC $
110111411 SINGLE
B AUTOMOBILE LIABILITY X BAP5940882 11/01/12 11/01/13 Eaaccident) LIMIT S 1,000,000
X ANY AUTO EpU BODILY INJURY(Per person) S
ALL OWNED AICfHT05 LED BODILY INJURY(Per acadent) $
HIRED AUTOS NON-OWNED PROPERTY DAMAGE
AUTOS (Peraccidem) 5
C X UMBRELLA LIAB X OCCUR 8831307 05/01/12 05/01/13 EACH OCCURRENCE $ 5,000,000
X EXCESS LIAB CLAIMS-MADE EXCESS GENERAL,AUTO AND AGGREGATE S 5,000,000
X ,RETENTION EIO,000 EMPLOYERS LIABILITY(FOLLOW
DED $
WORKERS COMPENSATION A
AND EMPLOYERS'LIABILITY WC5940881 11/01/12 11/01/13 v LIMITS FIR
D ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EL EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED>
(Mandatory In NH) EMPLOYERS'LIABILITY ONLY EL DISEASE-EA EMPLOYEE $ 1,000,000
IDf yes deswbe under
ESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
REDMOND,WA STANTEC PROJECT# 2123, PROJECT NAME CITY OF KENT EPA COMMUNITY WIDE ASSESSMENT GRANT
IMPLEMENTATION CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED BUT ONLY ARISING OUT OF THE
OPERATIONS OF THE NAMED INSURED THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY
(30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER AND ADDITIONAL INSUREDS ENDT CG 20 37 07 04 ATTACHED
CERTIFICATE HOLDER CANCELLATION
CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
400 WEST GOWE ACCORDANCE WITH THE POLICY PROVISIONS
KENT,WA 98032
AUTHORIZED REPRESENTATIVE
01988-2010 ACORD CORPORATION. All rights reserved
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER GLO6556026 COMMERCIAL GENERAL LIABILITY
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 Organization(s) CITY OF KENT
Location And Description Of Completed Operations
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 include as an additional insured the person(s)or organization(s)shown in
the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part,by"your
work"at the location designated and described in the schedule of this endorsement performed for that additional insured
and included in the"products-completed operations hazard"
NAMED INSURED Stantec Inc CONSULTANT INSURED Stantec Consulting Services Inc
Attached to and forming part of Policy of the Zurich American Insurance Company
AON REED STENHOUSE INC,AON RISK SERVICES CENTRAL, INC, EDMONTON,ALBERTA
Al #CG20370704
Serial# 354
REQUEST FOR MAYOR'S SIGNATURE
1ZKENT Please Fill in All Applicable Boxes
N ASH INGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator i Phone (Onginalor)
Date Sent: 12,12A Date Required
Return Signed Document to. � CONTRACT TERMINATION DATE: r'
VENDOR NAME: DATE OF COUNCIL APPROVAL: l�`
Brief Explanation of Document
jtj�of ' RECEIVED
6f of f` r
All Contracts Must Be Routed Through the Caw epartment f cG C f Ai �'�F
us Aiea to be completed By the Law Department)
Received: DEC 2 12012
Approval of LaE�-.LAW QEPT.
Law Dept. Comments
Date Forwarded to Mayor.
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments: RECRNIED
1
JAN 4 2M
Disposition:
c11V of mr
CITY CLERK
Date Returned:
laoe58 0 • /05