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Home My WebLink AboutPW14-088 - Original - Environmental Science Associates - Kent Regional Trail Connector - 01/16/2014 Records Managemen't. KENO Document W RSHiNGT ON 33 yy i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Environmental Science Associates Vendor Number: JD Edwards Number Contract Number: rYY 1+_0g$ This is assigned by City Clerk's Office Project Name: Kent Regional Trail Connector Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct wetland delineations and cultural resources surveys_in support of the proaect. 1 I 0 S.Publlc\RecordsManagement\Forms\ContractCover\adcc7932 1 11/08 Local Agency Consultant/Addressfrelephone Environmental Science Associates Standard Consultant 5309 Shilshole Ave.NW, Suite 200 Agreement Seattle, WA 98107 ® Architectural/Engineering Agreement ❑ Personal Services Agreement (206)789-9658 Agreement Number LA 8128 Project Title And Work Description Federal Aid Number Kent Regional Trail Connector CM-0615(008) Agreement Type(Choose one) Conduct wetland delineations and cultural resource surveys for the project. ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method DBE Participation ❑Yes No ❑Actual Cost Federal ID Number or Social Security Number ❑Actual Cost Not To Exceed % C.10_ 1691150 ❑ Fixed Overhead Rate % Do you require a 1 99 for IRS? Completion Date Fixed Fee $ ❑ Yes YNo December 31, 2014 ❑ Specific Rates Of Pay Total Amount Authorized $ 30,847.00 ❑ Negotiated Hourly Rate Management Reserve Fund$ ❑ Provisional Hourly Rate ® Cost Per Unit of Work Maximum Amount Payable$ 30,847.00 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Woik ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Oveihead Cost ❑ Exhibit B-1 DBE Utilization Certification Exhibit H Title VI Assurances ® Exhibit C Electi onic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-I Payment-Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit D-2 Payment-Cost Plus ® Exhibit K Consultant Claim Pioceduies ❑ Exhibit D-3 Payment-Houily Rate ❑ Exhibit L Liability Inswance Increase ❑ Exhibit D-4 Payment-Piovisional ® Exhibit M-I a Consultant Certification ® Exhibit E-I Fee -Lump/Fixed/Unit ® Exhibit M-Ib Agency Official Certification ❑ Exhibit E-2 Fee- Specific Rates ® Exhibit M-2 Certification- Primary ® Exhibit F Ovei head Cost ❑ Exhibit M-3 Lobbymg Certification ❑ Exhibit G Subcontracted Work ❑ Exhibit M-4 Pi icing Data Cei tification ❑ Exhibit G-1 Subconsultant Fee App 31 910 Supplemental Signature Page ® Exhibit D-5 Payment—Unit of Work THIS AGREEMENT,made and enteied into this day of between the Local Agency of City of Kent Washington,heiei i called the"AGENCY", and the above organization heicinafter called the"CONSULTANT" DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT, and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows. I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services, labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT 11 Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY Necessary contacts and meetings with agencies,groups, and/or individuals shall be coordinated through the AGENCY The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal, State,Community,City or County officials,groups or individuals as may be requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A" The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated The CONSULTANT, and each SUBCONSULTANT,shall not discriminate on the basis of race, color,national origin, or sex in the performance of this contract The CONSULTANT,and each SUBCONSULTANT. shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT Participation for Disadvantaged Business Enterprises(DBE), if required,per 49 CFR Part 26, or participation of Minority Business Enterprises(MBE), and Women Business Enterprises(WBE), shall be shown on the heading of this AGREEMENT If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"B" attached hereto and by this reference made a part of this AGREEMENT If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY'S"DBE Piogiam Participation Plan" The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT S Highway and Local Programs Project Development Engmeei in consultation with the AGENCY All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, pi epared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C" All designs,drawings, specifications,documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or tennmation of this AGREEMENT are instruments of service for this PROJECT, and ai e the pi operty of the AGENCY Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such mstiurnents of service, not occuu mg as apart of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT A prior supplemental agreement issued by the AGENCY is required to extend the established completion time V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D" attached hereto, and by reference made part of this AGREEMENT Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment,and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY All reimbursable direct labor,overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V All sub-contracts shall contain all applicable provisions of this AGREEMENT With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39 04 250 and RCW 39 76 011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY -No permission for sub-contracting shall create,between the AGENCY and sub- contractor, any contract of any other ielationship A DBE certified sub-consultant is iequued to perform a muumum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely foi the CONSULTANT,to solicit or secui e this contract, and that it has not paid or agreed to pay any company or pei son, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration,contingent upon or resulting from the award or making of this contract For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from the AGREEMENT price or considei ation or otherwise iecover the full amount of such fee, commission,percentage,brokerage fee,gift, or contingent tee Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT The CONSULTANT shall not engage,on a full-or part-time basis, or other basis,during the period of the contract,any professional or technical personnel who are,or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE,or the AGENCY, except regularly retired employees,without written consent of the public employer of such person VIII Nondiscrimination During the performance of this contract,the CONSULTANT, for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et seq) 49 CFR Part 21 23 CFR Part 200 RCW 49 60 180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto IX Termination of Agreement The i ight is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit' I" for the type of AGREEMENT used No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate If the accumulated payment made to the CONSULTANT prior to Notice of Tennination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above foimula for payment shall not apply Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the fonnula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation, or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terns of this AGREEMENT, if requested to do so by the AGENCY This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence, desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therem,when required to do so by the AGENCY,without additional compensation thereof Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extia Welk and will be paid for as herein provided under Section XIV XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT,provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review If the pasties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J", and disputes concerning claims will be conducted under the procedures found in Exhibit"K" XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to Institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated ui the county in which the AGENCY is located The parties hei eto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington The CONSUL FANT hereby consents to the personal Jui isdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 Xlll Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the State of Washington The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents,officers and employees,and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents, officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42 23, which is the Code of Ethics for regulating contract interest by municipal officers The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any,on the PROJECT Subject to the processing of a new sole source, or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration By providing such assistance,the CONSULTANT shall assume no responsibility for proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissionei pursuant to Title 48 RCW Insurance Coverage A Worker's compensation and employer's liability insurance as required by the STATE. B Commercial genes al liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000) for bodily injury, including death and property damage The per occurrence amount shall not exceed one million dollars(S1,000,000) C Vehicle liability insuaance for any automobile used in an amount not less than a one million dollar(SI,000,000) combined single limit Excepting the Worker's Compensation Insurance and any Professional Liability insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured The CONSULTANT shall furnish the AGENCY with verification of insurance and endoi cements required by the AGREEMENT The AGENCY reserves the light to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to the AGENCY No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater, unless modified by Exhibit"L" In no case shall the CONSULTANT'S professional Lability to third parties be limited in any way Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section This remedy is not exclusive, and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable,(2)delivery or completion schedule,or both, and(3)other affected terms and shall modify the AGREEMENT accordingly C The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed E.Notwithstanding the terms and conditions of paragraphs(A)and(B) above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit"M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Tiansactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Curient Cost or Pricing Data Exhibit"M-3" is required only in AGREEMENTS over $100,000 and Exhibit"M-4" is required only in AGREEMENTS over$500,000 XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect The CONSULTANT does hereby ratify and adopt all statements,representations, wan antics, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT By /' By Consultant Environmental Science Associates ency ity of Kent DOT Form 140-089 EF Revised 3/2003 Page 8 of 8 CERTIFICATE OF LIABILITY INSURANCE DATE(MN3 YYVY) ACORO® 12l4/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements, CONTACT PRODUCER NAME Woodruff Sawyer&Co PHONE 15- 1- 4 ac N_ 50 California Street, Floor 12 E-MAIL San Francisco CA 94111 ADDRESS INSURERS)AFFORDING COVERAGE NAIO fl INSURER A INSURED ENVISCI-01 INSURER B L Specialty Inaurano QQmparty_37885 Environmental Science Associates INSURER 550 Kearny Street, Ste 800 INSURER D San Francisco CA 94108 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER-92692992 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 CERTIFfCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE TOOL SUB POLICY EFF POLICY EXP LIMITS LTR INSR VIVO POLICY NUMBER MMIDDIYYYY MMIDDNYYY A GENERAL LIABILITY Y SECO01336710 1/1/2013 1112014 EACH OCCURRENCE $1,000 000 _ X DAMAGE TO-RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1.000,000 CLAIMS-MADE �]OCCUR MED EXP(Any one person) $5,000 X Contractual Llab PERSONAL B ADV INJURY $1,000,000 X Slop Gap GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOC I $ JFrT B AUTOMOBILE LIABILITY AEC001336510 11112013 11112014 Ea accdent $1,000 000 ANY AUTO FOOL(INJURY(Per person) $ ALL OWNED SCHEDULED BOD)LY INJURY(Per accident) E AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X XHIR ED AUTOS X AUTOS Per am dent HX $5,000 Ded $ A X UMBRELLA LIAB X OCCUR UECO01336610 1/1/2013 /112014 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000.000 DEL) RETENTION$ $ B WORKERS COMPENSATION WECO01337410 11/2013 11112014 X WC STI OTH- AND EMPLOYERS'LIABILITY ON ANY PROPRIETOPJPARTNER/EXECUTIVE Y❑ NIA EL EACH ACCI DENT $1,000,000 OFFICEWM(Mandatory MBER in NH)EXCWDED? EL DISEASE-EA EMPLOYE $1,000,000 (Mandatory ui NH) D OF F ESCRIPTION OF OPERATIONS below yes,describe E L DISEASE-POLICY LIMIT $1,000,000 A Professional Liability PECO01336810 1/1/2013 11112014 Each Occurrence $1,000,000 Cov A Claims Made Aggregate $2,000.000 Petro Date 1011/89&9/l176 Retention $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 120912 02, Kent Regional Trail Connector City of Kent is named additional Insured on GL coverage per endorsements CG 2010 07 04 and CIS 2037 07 04 attached Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS 400 West Gowe Attn Nancy Yoshitake AUTHORIZED REPRESENTATIVE Kent WA 98032 tsItrLt G'ito- ©1988-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER GECO01336710 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izati on s : Locations Of Covered O erations ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY"OR"PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT Information required to complete this Schedule, if not shown above,will be shown in the Declarations A. Section II — Who Is An Insured is amended to This insurance does not apply to"bodily injury"or include as a n additional insured the person(s)or "property damage"occurring after organization(s)shown in the Schedule, but only 1. All work, including materials, parts or equip with respect to liability for"bodily in]ury", "property ment furnished in connection with such work, damage"or"personal and adv ertising injury" on the project(other than service, mainte - caused, in whole or in part, by nance or repairs)to be performed by or on 1. Your acts or omissions, or behalf of the additional insured(s)at the loca - j 2. The acts or omissions of those acting on your hon of the cov ered operations has been coin - behalf, pleted, or in the performance of your ongoing operations 2. That portion of"your work"out of which the for the additional insured(s)at the location(s) injury or damage arises has been put to its designated above intended use by any pers on or organization other than another contractor or subcontrac for B. With respect to the insurance afforded to these engaged in performing operations for a principal additional insureds,the following adds tional exclu- as a part of the same project sions apply CG 20 10 07 04 Copyright, ISO Properties, Inc, 2004 Pagel UNIFORM POLICY NUMBER GECO01336710 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ zation(s): Location And Description Of Completed Operations NY PERSON OR ORGANIZATION THAT YOU ARE Various :REQUIRED IN A WRITTEN CONTRACT OR WRITTEN GREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY"OR 'PROPERTY DAMAGE"OCCURS SUBSEQUENT TO HE EXECUTION OF THE WRITTEN CONTRACT OR RITTEN AGREEMENT Information required to complete this Schedule, if not shown above,will be shown in the Declarations Section If—Who Is An Insured is amended to include as an adddional insured the person(s)or or gamzation(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 ad ditional insured and included in the"products -completed operations hazard" CG 20 37 07 04 Copyright, ISO Properties, Inc,2004 UNIFORM Exhibit A-1 Scope of Work Project No. LA 8128 qee attached 1 Documents To Be Furnished By The Consultant Asvetlandreport, R,ninglcql Evaluation, and Cultural R sources-technwal report DOT Form 140-089 EF Exhibit A-1 Revised 6105 EXHIBIT A-1 City of Kent Kent Regional Trail Connector Project ESA Scope of Work At the City's request,ESA has prepared this Scope of Work and Cost Estimate to conduct wetland delineations and cultural resource surveys in support of the Kent Regional Trail Connector Project The City of Kent is pi oposmg to consti net 4,700 lineal feet of paved non-motorized use h ail to link the Puget Powei Trail with the Intel urban Regional Ti ail system.The Kent Regional Trail Connector will involve construction of an asphalt trail parallel to 64th Avenue South and South 218th Stleet,a pedestiian/bicycle bridge,and three new signalAcacons The trail would then head east within City owned property that includes an existing storm water diversion ditch from Mill Creek,including a new bridge ciossing of Mill Creels The City of Kent wetland mapping shows wetlands within the stoimwater diveision ditch and shoreline associated wetlands within the Gi een River Natural Resource Area(GRNRA) Delineation of wetland boundaries within the project aiea would be required by City of Kent Municipal Code.It is our tmderstanding the project would iccowe FHWA funding,which will make it a Federal undertaking subject to compliance with Section 106 of the National Historic Preservation Act("Section 106) FHWA is the lead Federal agency; i esponsibility for compliance with Section 106 has been delegated to WSDOT This scope of work does not include assistance with federal,state,or local permits.If permit assistance is requested,ESA would provide a cost estimate for the additional services The proposed crossing of Mill Creek would require at a minimum Hydraulic Project Approval(HPA)from the Washington Department of Fish and Wildlife.The City of Kent may requee that nails constructed within the shoreline management aiea of the GRNRA be reviewed for consistency with the SMP.Based on discussions with City staff it is not anticipated that wetlands of sti cams will be filled for this project Impacts to wetlands and/oi so eams may require 404 permit approval fi-om the Corps of Enguieeis and 401 permit approval from the Washington Department of Ecology. TASK l —PROJECT MANAGEMENT. This task includes on-going project management,client coordination,and invoicing We assume that ESA will be attending one on-site project coordination tweeting conducted concurrently with the field visit(see Task 2). Deliverables: Monthly invoice and piogiess report. TASK 2—WETLAND DELINEATION.This task includes thi cc subtasks: Subtask 2,1-Wetland Delineation Field Woik ESA will delineate wetlands within the project area(the i ek with the GRNRA located on City owned stoi mwater diversion ditch connecting Mill C ty aicels 122204- P e 9130,-9129,-9067,and-9077,and along the west side of 64"`Ave S between S 224th St and S 218th St. Based on our undei standing of the proposed project,the east-west pot tion of the nail would be constiticted i south of the stoimwater ditch,theretore wetland delineation work will include the southern boundary of wetlands The northern boundaty will be approximated based on aerial photo mterpetation.Wetland delineations along the west side of 64"Street will include all wetlands within 50 feet of the existing roadway. The boundai ies of the large wetland ateas within the GRNRA that are further fionn the load than 50 feet will not he delineated.The boundaries to these wetlands will be approximated using aerial photo interpretation or by relying on previous delineation if available. City of Kent Kent Regional Trail Connector Page 2 of 5 Under Washington state law,a public utility locate will need to be completed prior to digging for this project; ESA vnll request completion of a utility locate through the Utility Notification Center. ESA staff will also flag the ordinary high water marks(OHWM)of streams within the project area.Wetland and stream boundaties will be marked with flagging tape of wire put flags.Wetland areas that occur between the OHWM of stream will be considered part of the stream and not flagged.Wetland determination methods will follow the U.S,Army Corps of Engineers Wetlands Delineation Manual(Environmental Laboratory, 1987)and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual-Western Mountains,Valleys, and Coast Region(U S.Army Corps of Engineers,2008). Man-made ditches that do not convey natiu al waters or A cams will not be marked in the field. ESA staff will also rate the wetlands based on the Washington State Department of Ecology's Wetland Rating System for Western Washington(hHvby,2004).Wetland ratings will be used to determine the required buffer based on Kent Municipal Code(KMC) Subtask 2 2-Draft Wetland Report: ESA will prepare a draft wetland report describing wetlands and buffers adjacent to and wittun the project site.The report will include results of the wetland delineation(Task 2.1). Based on oui discussions with City staff,the project will be designed to avoid wetland or stream impacts, therefore the repot t will not include impact calculations or mitigation planning.Buffer impacts ate likely to occur on this project,but this scope does not include mitigation planning for buffer impacts.The City will provide figures showing the wetlands,streams,and buffets.ESA will incorpoi ate the figures into the draft wetland i eport. I Subtask 2 3-Final Wetland Report- Following receipt of comments by the City,ESA will prepare a Final Wetland Report For the purpose of this cost estimate,we have assumed only one revision of the Wetland Report after review under Task 2.2. Additional revisions may require an amendment to the scope of work and cost proposal for this project Delivel ables. • ESA will prepare and deliver a sketch map with the approximate locations of wetland boundary flags marked.The sketch map will be intended to aid survevoi s in the location of the flagging • ESA will delivery clectionic files of the Draft and Final wetland report City for their review. • ESA will delivery two bound copies of the Final Wetland Report to the City. Assumptions• • City will obtain/pi ovide all i ights of entry to proper ties,as needed. • The City of Kent will arrange for a professional land survey of the wetland and stream boundary flagging • ESA will estimate the iequned buffer setback for wetlands and streams based on the information collected in Task 2.1. • The City of Kent will provide electronic base maps in CAD showing the project site, wetland and streain boundaries,buffers,and adjacent roadways. • ESA will make one round of revisions to the Draft Wetland Report based on consolidated comments from the City. • Piepaiation of mitigation plans(either conceptual or designs)for wetland,stream,buffer,cr shoreline management areas is not included in this scope of work If mitigation measures are requhed at a later date,ESA can provide a scope and budget for those services. Schedule: Once a signed contract has been received,ESA anticipates the following pi olect schedule: City of Kent Kent Regional Trail Connector Project Page 3 of 5 I • Within 10 business days:ESA field staff will completed wetland delineations. • Within 10 business days of completing wetland delineations:Submit draft Wetland Report for City review. • Within 5 business days of receiving comments from City on draft Wetland Report: Submit final Wetland Report.The City will be responsible for distributing the final Wetland Report to the appropriate permitting agencies. TASK 3—CULTURAL RESOURCES(Optional Task) The Cultural Resouices subtasks described in this section are optional and will only be conducted following written notice to proceed from the City. Task 3 1 Client/Agency Coordination&APE Correspondence.Under this task,ESA will assist the City of Kent in coordinating with WSDOT/FHWA as necessary.ESA will define the Aiea(s)of Potential Effects (APE)foi Section 106 consultation,ESA will provide draft APE correspondence to be signed by the City and submitted to WSDOT.This correspondence is on the critical path,as WSDOT will subsequently send correspondence to DAHP and the affected Tubes which begins a 30 day comment period Field work cannot be conducted until the 30 day comment period has passed. ESA will also contact the cultural resources technical staff of affected Tribes to determine any Tribal cultural resources concerns within the project aiea;this technical staff to technical staff communication does not constitute formal consultation. Task 3 2 Backar ound Research.ESA will conduct necessary background archival research at DAHP,the University of Washington,within its own archives,and online to identify recorded and potential archaeological and]ristone resources in and around the project aiea ESA will also review available enviromnental and geological background information. Task 3 3 Field Survey. ESA assumes that WSDOT will requite a field survey of the APE based on the DAHP cultural resources predictive model The field survey will consist of pedestiian reconnaissance to document current surface conditions,and a subsurface survey along the planned corridor. Surface reconnaissance will attempt to document areas containing placed fill and/or graded material.The subsurface survey will consist of up to 72 hand-dug shovel probes advanced to 3 feet(I meter)at 60 foot(20 meter)interval along the corridem. All spoils will be screened through '/4-inch mesh Probe locations will be recorded using GPS.Pielustorme and histoiie artifacts(if encountered)will be described and photographed in the field,and ietuined to the find location;no ai tifacts will be collected. Under Washington state law,a public utility locate will need to be completed piioi to subsuiface survey foi this project,ESA will request completion of a utility locate through the Utility Notification Center. Task 3 4 Histoiic Piopeity InventoaU date. ESA assumes that a histoi ic,single-family residence at located 21807 68th Avenue South will be included within a visual-effects APE foi the pi elect.ESA will update the existing DAHP Histoi is Property Inventory for the residence,ESA assumes chat all necessary observations needed to update the HPI can be made fi om within the public nght-of-way. Task 3 5 Techmeal Report ESA will suminauze the findings of oum work and recommendations in a Technical Repoi t The Technical Report will meet the cuuent SHPO standards foi cultural iesoui ces assessment including inalang i ecominendations for mitigating or mimmizing potential adverse effects,if wan anted by the i wilts of the field work ESA will submit a diaft Technical Report(pdf format)to the City foi review ESA will revise the report with any comments and pi ovide an external draft i epoi t(pdf foi mat)to be submitted to WSDOT for City of Kent Kent Regional Trail Connector Page 4 of S review;WSDOT will only accept draft reports.ESA will incorporate comments and edits fiom WSDOT and prepare a final report. WSDOT will be responsible for distributing the technical report to DAHP and affected tribes. Deliverables- ESA will prepare a draft and final Cultural Resources Technical Report(with HPI as an appendix)that meet SHPO standards. Assumptions- • City will pi ovide copies of any geotechuical reports or logs for review,if available. • City will provide a copy of pi eviously submitted EZ form(s). • City will obtain/provide all rights of entry,as needed. • A utility locate must be performed pilot to subsurface survey ESA will coordinate with Utility Notification Center to schedule the utility locate.ESA assumes that marking in the field with white paint and/or stakes will be required prior to requesting the utility locate ESA assumes that the project area can be readily accessed by the utility locators,and will not require additional on-site meetings with locator s. • One set of consolidated comments onthe draft Technical Report and HPI will be provided to ESA by the City. • Cost estimate assumes ESA will record update one Historic Property Inventory. Schedule: Once a Notice to Proceed has been received,ESA anticipates the following project schedule: • Within 5 business days.Provide draft APE correspondence to City;contact Tiibal technical staff. • Within 15 business days-Complete Background Research. • Following WSDOT's 30 day comment period:Begin Field Survey;complete within 10 business days. • Within 10 business days of completing Field Survey: Submit draft Technical Report(with HPI as appendix)for City i eview. • Within 5 business days of receiving comments from City on draft Technical Report and HPI. Submit exter nal draft Technical Report(w7th HPI as appendix)for review by WSDOT, • Within 5 business days of receiving comments on external di aft Tecluucal Report and HPI:Submit final Technical Report(with HPI as appendix)to WSDOT;WSDOT will be responsible foi distributing the final Technical Report. TASK 4—BIOLOGICAL EVALUATION(Optional Task) The Biological Evaluation sub-tasks described in this section are optional and will only be conducted following written notice to pioceed horn the City Subtask 4 1 Information Gathering.This task includes coordination with City and project engineers to evaluate project impacts on listed/proposed species and critical habitats.This task includes a bi ref i eview of the literature and published mfoi mation for each listed,proposed,and candidate species identified by the Set-vices as potentially occuiimg in the project area,as well as a review of site-specific mfoimation provided to ESA by the City.This task will include a field visit to assess site conditions,but does not mokide,any additional data collection or scientific study The City will make the necessary arrangements foi ESA to access i estiicted pi operties,if airy Much of the iequn ed infoi mation will be obtained fiom a recent BE for a nearby project; South 228t"Sheet Di amage Bypass(ESA 2011) i City of Kent Kent Regional Trail Connector Project Page 5 of 5 Subtask 4 2-Di aft Biological Evaluation.Task 4.1 includes the preparation of a draft Biological Evaluation (BE)letter of"no effect"addressing listed,proposed,and candidate species,identified by the Services as potentially occurring within the project area.ESA will prepay e the letter of"no effect"following USACE guidance for BE/BA preparation in effect at the time of issuance of a notice to proceed.It is assumed that the level of effort for the letter of"no effect"will be substantially reduced by using the South 228t`Street Drainage Bypass(ESA 2011)as a template. Subtask 4.3—Final Biological Evaluation. Following receipt of comments by the City,ESA will prepare a Final BE letter of"no effect". For the purpose of this cost estimate,we have assumed only one revision of the final BE after review under Task 4 2. Additional revisions may require an amendment to the scope of work and cost proposal for this pioject. Deliverables After any revisions,ESA will submit an electronic copy of the letter of"no effect"to the City in pdf format and will supply up to three hard-copies for their use,if necessary.The City will be responsible for submitting the letter of"no effect"to the Corps. Assumptions-ESA will be pleased to revise the BE as required based upon comments received within the limitations of the budget,although it is assumed that there will be only one i evision of the final BE after receipt of one set of consolidated comments fiom the City's review of the draft.Changes to the projector report requirements,particularly as a result of new species mfonnation or changes to listing status after work has been vitiated will require added services or additional revisions and may iequue an amendment to the Scope of Work This task also assumes that project related effects will result in a deteiinmation of no effect for all listed species within the project action area Schedule-From receipt of notice to proceed and upon receipt of a minimum 30 percent design,ESA will r equii e a minimum of three weeks to devolop and submit the Draft BE letter of"no effect"to the City.Once comments have been received,ESA will require an additional two weeks to revise the document and submit the Final BE letter of"no effect"to the City for submittal to the federal authority. I i I I f , , ;| °«! r$§!!} r! |! ■ » [ ! ;*� ;,� /. "; � ■ ; � k ] !! ! I I I IF� 2 ! � \�) [!01 # Ir § i2 m a ! ._ )\ ! \\ !° � ZZ §{ \ Z - B$ _ I !� !(- B}\ Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency The format and standards to be provided may include, but are not limited to,the following: I. Surveying, Roadway Design&Plans Preparation Section A. Survey Data — P/A B. Roadway Design Files C. Computer Aided Drafting Files - vi/a D. Specify the Agency's Right to Review Product with the Consultant E Specify the Electronic Deliverables to Be Provided to the Agency — ]A/a. F. Specify What Agency Furnished Services and Information Is to Be Provided -1.1,CfUki1b II. Any Other Electronic Files to Be Provided III Methods to Electronically Exchange Data A Agency Software Suite — >we � a5Vt06 l� B Electronic Messaging System C File Transfers Format -ONM) tticcet,- I sp�,, DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-5 Payment (Cost Per Unit Of Work) 1. When the AGENCY requests that a project be undertaken,the CONSULTANT shall prepare a fee proposal based upon a typical scope of work Upon agreement by the AGENCY and the CONSULTANT upon a scope of work and related fee,a maximum encumbrance,inclusive of expenses,will be established, to serve as a maximum amount payable for the project For accounting purposes,the CONSULTANT will be paid by the AGENCY for work done,based upon mutually agreed unit rates for work defined in Exhibits D and E The listed rates shall be applicable throughout the life of this AGREEMENT The rates are inclusive of actual salaries, overhead,profit, tools, materials, and equipment necessary or incidental for the completion of the AGREEMENT work Compensation for the following expenditures will be allowed when these costs are incurred directly in fulfilling the teirns of this AGREEMENT, 2. The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown on page 1 of this AGREEMENT,unless a supplemental AGREEMENT has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable 3. The CONSULTANT may submit invoices to the AGENCY not more often than once per month during the progress of the work for partial payment of work completed to date The invoices will indicate the units of work completed each day during the invoice period in addition to the previous total Direct nonsalary costs, such as travel.reproduction.telephone,supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrument the CONSULTANT received for payment For example, a copy of the telephone company's itemized listing showing each call is necessary to verify the billing for long distance telephone calls Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has been found to represent the value of the completed work,less the amounts previously paid s EXHIBIT E-1 Environmental Science Associates CONSULTANT FEE DETERMINATION - SUMMARY SHEET COST PLUS FIXED FEE Kent Regional Trail Connector Direct Salary Cost(DSC) Classification Man Hours Rate Cost Senior Director X $ 7500 = $ - Director X $ 7000 = $ - Senior Managing Associate X $ 5500 = $ - Managing Associate X $ 4400 = $ Technical Associate X $ 4200 = $ Senior Associate II X $ 3700 = $ Senior Associate I X $ 3600 = $ Associate III X $ 3400 = $ Associate 11 X $ 3000 - $ Associate I X $ 2600 = $ - GIS Analyst X $ 2900 = $ Graphic Artist X $ 31 00 = $ - Senior Administrative X $ 3300 = $ Administrative X $ 2700 = $ Clerical X $ 2200 = $ SUBTOTAL DSC = $ - OVERHEAD (OH COST- Including Salary Additives) OH Rate X DSC or 206 48% X $ _ $ - Fixed Fee (FF) FF Rate X DSC or 30% X $ - _ $ - REIMBERSABLES Mileage/Parking @ $0 565 per mile = $ - MAXIMUM PAYABLE AMOUNT $ _ PRPARED BY SMB DATE 12/30/2013 Exhibit F A19ft Wa,,shinqtoti State-, Transpartattoo Building �o Department of Transportation 3 10 MaplL Park Awnue 8 E Paola J. pLannimood, PX. P 0 Box 47 305 ScAcIc,,t3ry of fjat)Nportafion Olympia,WA 98504-7300 360-705-7000 November 14,2012 TI Y 1-8100 833 Kisa WWVV wsdol Eva gov Jean Chen, Controller N C kE qI V F Environmental Science Associates 550 Kearny St.,#800 2 6 2012 L San Francisco, CA 94108-2512 E&N Re. Environmental Scicnce A,;socjatcs Overhead Schedule Fiscal Ycai 1,lid December 31, 2011 Dear Ms. Chen: We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by Environmental Science Associates. The schedule was audited by Gusman and Associates for compliance with Part 31 1 of the Federal Acquisition Regulations The reviewed data included, but was not limited to,the schedule of the indirect cost rate, a description of the company, basis of accounting rind dc,,ctiption ofEnvnonniental Science Associates accounting,system and the basis of indirect costs Based on our work,we arc issuing this letter of review establishing Erivironniental Science Associates overhead rate for the fiscal year ending December 31,2011,at 206.48%of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office(11Q) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agicement(s). Also,when you provide next year's overhead schedule to our office or to your CPA firm, Please submit either your internally prepared Compensation Analysis, or the National Compensation Matrix(NCM)work-sheet. Ms. Chen November 14, 2012 Page 2 If you, or any representatives of Environmental Science Associates,have any questions, please contact Mat tha Roach, Jet i Sivel tson, 01 Steve McKerney at(360)705-7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR.ds 1`11closules cc: Steve McKerney, Director of Internal Audit Jeri Sivei tson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File ENVIRONMENTAL SCIENCr ASSOCIATES Overhead Schedule For the Year Ended December 31,2011 Financial WSDOT Accepted Desciiplion Statement ESA Adj. Adl Ref. Amount Amount DnectLoboi $ 11,748,695 $ 11,74K695 10000% Fringe Benefits: ]nduect-Olhet compensation $ 5,437 $5,437 005% Stock OptionsCompcnsation 171,137 171,137 146% Imployee Bonus 252,790 (110,500) AD 142,296 121% Vacation Expense 1,472,599 1,472,599 12 53% Sick Leave 557,897 557,897 4 75% Holiday 695,864 695,964 5 92% Peisoual 16,116 16,316 0.14% July Duty 13,914 13,914 0.12°/n Seveiance/Retro 49,358 (23,068) Ali 26,290 3.78% Commuter Checks 32,480 32,480 0 28% Peieavenlent Leave 17,204 17,204 0.15% Piinge Benefits-In Lieu of Ins 41,805 41,805 0.36% Health Insuance 1,681,662 1,681,662 14.31% Vision msmance 19,935 19,935 017% Dental I nsm ance 182,204 182,204 155% Life Insurance 98,931 98,931 0,84% W01ImsC0nlp Instil ance 222,441 222,441 1.89% Mise Ieitiployee Benefits 79,706 79,706 0 68% Social 1,715,178 1,715,178 14.60% UnemploymentTar(UCI)-NM 159,779 159,779 1.36% FED Unemployment'Tax 19,173 19,173 0.16% City Tax 1,800 1,800 002% 401(K)Company Match 315,266 315,266 2 68% P13PProgiam/hicenuveCompcnsauor 1,426,406 1,426,406 12,14% ESOP Contubution 757,578 757,578 6 45% Piinge Benefit adlustment (113,977) AC (113,977) -097% Total Fi mgc Benefits $ 10,006 866 $ (113,977) $ (133,568) $ 9,759 321 83 07% Genei al Ovet fiend: Indnect Laboi Expense $ 8,886,585 $ (235,034) 13,R,Z $ 8,651,551 73 64% Rent 2,632,548 2,632,548 22 41% Office Supplies 213,779 (964) 13 212,815 1.81% Nlatei ials 15,864 (15,864) B 0 0 00% Computer Supplies Equipment 74,749 74,749 0 64% OfficeLquipment 30,115 30,115 026% Equipment Maintenance 242,778 242,778 2.07% Software Maintenance 186,154 186,154 1.58% Equipment Rental 88,708 88,708 0 76% I'elephmie 603,746 603,746 514% Postage 127,034 (948) 13 126,086 1.07yoo Mai keting Supplies&Services 45,394 (45,394) B 0 0 00% Advei thing&Promotions 20,443 (20,443) A 0 0 00% Education/fi am mg 145,872 145,872 1 24% ConfeienceiMeetings 134,332 (84,891) 13 49,441 0.42% Dues;Subsctiptions 116,847 116,84? 0 99% RCCi tuung&Relocation 80,334 (55,400) C 24,914 0 21% Anfaic 156,317 (20,802) 13 135,515 115% Othei Travel&Subsistence 692,285 (295,075) 13,1),B, 397,210 3.38% 1'NY Unallowable Entertai nnent(Ak oholic 27,327 (27,327) B,D.1,Y 0 0 00% Employee Relations 97,260 (97,260) 11,I), 0 0 00% P.Y.QJ A Page 1 ENVIRONMENTAL SCIENCE ASSOCIATES Overhead Schedule For the Year Ended December 31,2011 Financial WSDOT Ref. Accepted % Description Statement ESA Adj. Adj. Amount Amount .------- Legal&Accounting I'M 220,723 (32,745) (250) U,V,AG 187,728 160% Insurance 326,937 326,937 2.78% OUISrde Consultants 224,212 (30,629) E3 193,593 1.65% Business taxes and Licenses 257,188 257,188 2,19% Chin nable Conti butsons 16,681 (16,681) G 0 000% Bad Debt Expense 193,968 (193,968) 11 0 000% ]-'sop Expenses 49,036 49,036 042% Miscellaneous 18,860 (18,860) 1 0 0 00% Cost Recovery (634,726) (634,726) -5.400 Communication Cost Recovery (517,617) (517,617) -4 41% Depiecuuton/Antoiiieatton 1,030,164 (144,762) .1, 885,402 7.54°A PuntmgandRcptoduclton 59,503 (1,562) I3 57,941 049% Other Income/Lxpemes (25,610) (25,610) -0 22% ° Interosi Income- (9,329) 9,329 K 0 ° Interest Expense 119,547 (119,547) K 0 000% VEIIApenses 155,287 (155,287) A13 0 000% 1'ax 1?xpense 7,676 (7,676) A13 0 000% Total GenaalOverhead $ 16,110,969 $ (1,611,788) $ (250) $ 14,498,931 12341% Total Ovet head Costs $26,117,835 $ (1,725,765) $ (133,818) $24,258,252 206.48% Indirect late 222 30% 207 62% 206.48% L'ttvirouarentai Services Associates,lire,-Reviewed find Accepted 11114112 SO "Overhead Rate still subject to WSDOT Audit" Refer ences L'nvn onmental Services Associates Adjustnreuts: Lnvrrournenlal Services Associates Overhead Audited by Gusrnau andAssocialef A Adverusmg unallowable per 48 CPR 31 205-1(b) 13 Marketing unallowable per 48 CI�R 31 205-1(0 C Rectumng and Relocation unallowable pct 48 CPR 31 205-35 D Gifts unallowable Per 48 CFR 31 205-13(b) Is I;xcees Lodging and per diem unallowable per 48 CPR 31 205-14,31 20546&WSD0'1'policy I' Ale ohol unallowable per 48 Cl-R 31 205-51 G Conutbutaons unallowable pet 48 Cl-R 31 205-8 11 Bad Debts unallowable Per 48 CFR 31 205-3 I Miscellaneous wwunt unallowable per 48 Cl'R 31 201-2 K Interest unallowable pca 48 CPR 31 205-20 N Allowances for officers unallowable pee 48 CPR 31 201-4 and 31.205-13(b) Q Holiday Party Expenses In excess o1'$25 per person unallowable per 48 CFR 31 205.14&WSDOT policy R Oveitime Premium Unallowable Pee WSDOT policy T Amortization unallowable per 48 Cl'R 31 205-49 U 1'edeaal and State Incomo Tax Picpatation aie unallowable pet 48 CPR 31 205-41 (b)(1),48 CPR 31 201-6 and WSDO1 Policy V Income 1'ax Preparation nr excess of$250 00 Y Per 48 CPR 31 205.14 and WSDOT M 13-82 /, Reolgara/ation and Resti uctm mg Unallowable FAR 31.205-27 AB Volunteer IM011011 AC fringe Benefit adlustement WSDOT Adjustments: AO We are unable to vcufy that sign-on bonus($1 10,500)is based on individual employee per foe mance,and that individual perlormance goals arc communicated to the employees prior to work being pei formed,per 48 CFR 31 205-6(f)and Chapter 7 12 of the AASI ITO Audit Guide 13'SDOT allalved the Reca m nrem bonus($31,767)waah the undersianduag that the a eca urrntenl bores policy will be updated to reflect AASHM and PA&reyma ements AE Sevel ance pay unallowable oe� 48 CPR 3 1.205-6(1)(1). AG Income Tax plcpar a1I0n Jet S-Cwpar<ttion unallowable in!full pct 48 CFR 205-41(b). Page 2 Certification of Final Indirect Costs Finn Name' EnyironnlClnal Spence Associates Indirect Cost Dale Proposal' 20762% Date of Proposal Preparation (mmlddlyyyy) BJ812012 Fiscal Period Covered(mm/ddlyyyy to mmlddlyyyy). 1/1/2-011 to 1213112011 1, the undels+gNed, ceilify that l have reviewed the proposal to establish final indirect cost'ales to, rho fiscal period as specified above and to the best of nny knowledge and belief. 1) All costs Included in tills proposal to establish final Indirect cost late$ate allowable In accordance with the cost pimples of the Fede'at Acquisition Rogttlations(FAR)of title 48, Code of Federal Regulations (CM), pall 31 2) This proposal does not Include any costs which are expressly unallowable undo' the cost principles of the FAR of 46 CFR 31 All known matei tat transactrats or events that have occurred affecting the fum's ownership, agan�xation and ulduect cost rates have been disclosed ,r Name of Cei tdyulg Official*(Print) jean C,en Title WiController Date of Cel lification(mm1ddlyyyy). 8/8/2012 *The"Certifying official"must be an Individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial officer, or equivalent,who has the authority to represent the financial information utilized to establish the indirect cost tale for use undei Agency contracts. Ref. FMA Directive 4470 1A available on line at lgtp ihw✓w fliwa dot_govlleNro s dilectiveslorders/44701a htin QJI I ColtifMition;Nov 2010 Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in interest agrees as follows• I. Compliance with Regulations-The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations,Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),which are herein incorporated by reference and made a part of this AGREEMENT 2. Non-discrimination The CONSULTANT, with regard to the work performed during the AGREEMENT,shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3 Solicitations for Sub-consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information iequired of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropi iate, and shall set forth what efforts it has made to obtain the information 5 Sanctions for Non-compliance- In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE of the FHWA may determine to be appropi iate, including, but not limited to • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or, • Cancellation,termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6105 6 Incorporation of Provisions- The CONSULTANT shall include the provisions of paragraphs(1)through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of tetmmation is to the total work tequired for the Project. In addition, the CONSUL PANT shall be paid foi any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incuried at the time of termination of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT DOT Form 140-089 EF Exhibit 1 Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I —Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Woi ks of Agency Engineer regarding the potential design error(s) For fedet ally funded piojects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures (Note The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedm es) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project Examples include all decisions and descriptions of work; photographs,recoids of labor,mateiials and equipment. Step 3—Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s) The project manager and other appropriate agency staff should iepresent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point • It is determined via mutual agreement that a consultant design error(s)occurred If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design ei rot took lace The agency is to piovide H&LP,through the Region g r C Y DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant Step 1 —Consultant Files a Claim with the Agency Project Manager If the consultant detennmes that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following• • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work, and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager The pi oject manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to detei mine if the Agency agrees with the claim If the FHWA is participating in the pioiect's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the clai ri to the WSDOT Highways and Local Progiams thiough the Region Local Programs Engineer If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Piogiams(if applicable), and FHWA(if applicable)agiee with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim Aftei the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim Inform the consultant that the final payment for the agreement is subject to audit No further action in needed regarding clan the cl procedures. DOT Form 140-089 EF Exhibit K Revised 6105 If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Step 3 —Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim, • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs, profit and reimbursable costs associated with the additional work, • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s), • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appi opt late to agency dispute resolution procedures) If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim if the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5—informing Consultant of Decision Regarding the Clain The Director of Public Works or Agency Engineer shall notify(m writing)the consultant of their final decision regarding the consultant's claim(s) include the final dollar amount of the accepted claim (s)and iationale utilized for the decision Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Infoim the consultant that the final payment foi the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant ProjectNo. LA 8128 Local Agency I hereby certify that I am / /U12�..t/ '/� and duly authorized representative of the firm of Environmental Science Associates whose address is 5309 Shilshole Ave NW, Suite 200, Seattle, WA 98107 and that neither I nor the above firm I here represent has. (a) Employed or retained for a commission,percentage, brokerage, contingent fee,or other consideration, any firm or pet son (other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT, or (c) Paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely forme or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U S Department of Transportation in connection with this AGREEMENT involving participation of Fedeial-aid highway funds, and is subject to applicable State and Federal laws,both ciumnal and civil 4- Date signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-I(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain,any firm or person; or (b) Pay, or agree to pay,to any firm,person, or organization,any fee, contribution, donation, or consideration of any kind, except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U S Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws, both criminal and civil. < /6 ate Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6105 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals proposed for debarment declared ineligible,A. Are not presently debarred, suspended,p p or g P Y voluntarily excluded from covered transactions by any federal department or agency, B Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendeied against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement, theft,forgery, bribeiy, falsification or destruction of records,making false statements, or receiving stolen property, C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local)with commission of any of the offenses enumerated in paragraph(I) (B) of this certification, and D. Have not within a three(3)year period preceding this application/proposal had one or more public tiansactions (federal, state,or local)teiminated tot cause of default. II. Where the piospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Consultant(Firm): Environmental Science Associates (Date) *((Sig )Pre dent or Authonzed Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6105 Consultant/Address/Telephone Supplemental Signature Environmental Science Associates Page for 5309 Shilshole Ave NW, Suite 200 Standard Consultant Seattle, WA 98107 Agreement Agreement Number Project Title And Work Description LA 8128 Kent Regional Trail Connector Federal Aid Number CM-0615(008) Conduct wetland delineations and cultural Local Agency resource surveys for the project. City of Kent THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Kent Washington, herein er alled the "AGENCY" , and the above organization hereinafter called the "CONSULTANT" In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written CONSULTANT,, LOCAL AGENCY By eAgencCi 1 Consultant Environmental Science Associates Kent By By Consultant Agency By Agency By Agency DOT Form 140-089 EF Appendix 31 910 Revised 6/05 • KENT NASHINGipN Agenda Item: Consent Calendar - 7E(1) TO: City Council DATE: December 10, 2013 SUBJECT: Kent Regional Trail Connector Consultant Agreement with Environmental Science Associates (ESA) for Environmental Engineering Services- Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Environmental Science Associates (ESA) in an amount not to exceed $30,847.00, to provide environmental engineering services for the Kent Regional Trails Connector Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Public Works Department competed for and was successful in obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project. This project will construct a new, multi-use trail connecting the existing Green River Trail to the Interurban Trail. The trail location will be adjacent to the Green River Natural Resources Area and will include the installation of rectangular rapid flashing beacons at 64th Avenue and 72nd Avenue and a new pedestrian signal at the crossing of West Valley Highway. A new pedestrian/bicycle bridge will be constructed across Mill Creek on the east end connecting to the Interurban Trail. This project will require the services of an environmental engineering consultant to identify and locate wetlands and their associated buffers, and Public Works staff would like to retain the services of ESA to perform this work. Additional services include archaeological investigation and preparation of a biological assessment, which are required for the grant. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee YEA: Higgins - Ralph - Albertson NAY: BUDGET IMPACTS: Funding for this work will be provided by a federal grant from Federal Highway Administration (FHWA) for $1,125,368.00. The City's funding match will be $175,635.00. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Nnsrrin'u n ;4��"ewed by Director Originator's Name: Nick Horn Dept/Div. En ineerin /Desi n Extension: 5529' Date Sent: i b4A4 Date Required ,:ii i Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/14 VENDOR: Environmental Science DATE OF COUNCIL APPROVAL: 12/10/13 Associates ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for ESA to conduct wetland delineations and cultural resource surveys for the Kent Regional Trail Connector Project. For additional information, see the attached Council motion sheet. RECEIVED JAN 2 1 2014 All Contracts Must Be Routed Through The Law Department CLERK (This area to be completed by the Law Department) Received: Approval of Law Dept.: RECEIVED Law Dept. Comments: jaN 1 2014 ` '\ y A �Nv KENT LAW DEPT. Date Forwarded to Mayor: ii Shaded Areas To Be Completed By Administration Staff Received: RE Recommendations and Comments: Disposition: /�/-//W- " City of Kent Office of the Mayor Date Returned: CERTIFICATE OF LIABILITY INSURANCE DATE BAMIODIYYYY) 1/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an Endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT -NAME'. _-Valerie Porter-Browne Woodruff-Sawyer&Co. PHONE0.r-t) I(FA AXC N.1: 9923 50 California Street, Floor 12 MCAN :415-391-2-14,I � 415-989- San Francisco CA 94111 ADDRESS,-Yporter-b ne(c)wsandco.com INSURERS AFFORDING COVERAGE NAICp INSURER A:Greenwich Insurance Company 22322 INSURED ENVISCI-01 INSURER B:XL specialty InsUrance Company 37885 Environmental Science Associates INSURER C 550 Kearny Street, Ste 800 INSURER D: San Francisco CA 94108 INSURER E I INSURER F: COVERAGES CERTIFICATE NUMBER:978011904 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER ADO IL SUBR� Famf EFF-[POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICYINUMBER IMMADDIYYYYI (MWDDrfYYY) LIMITS A GENERAL LIABILITY Y ECO01336711 111/2014 1112015 EACH OCCURRENCE Sj,�DODOOO DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES occunenco $i'000,000 _(E CLAIMS-MADE KI OCCUR MED EXP(Any one person) $5,000 X Contractual Liab PERSONAL&ADV INJURY $1 000000 X Stop Gap GENERALAGGREGATE $2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $2,000,000 1 IFOT 7 POLICY 1XI LOD PRO- F $ B AUTOMOBILE LIABILITY AEC001336511 1/1/2014 I/1/2015 UUMBINIED 6INULL LIM]I _Eaacchl -1 1 1 1 "1 $1,000t000 X ANYAUTO BODILY INJURY(Par person) $ ALL HEOULED BODILY INJURY(Per acedent) $ OWNED SO AUTOS AUTOS NON-OWNED PRoPmr? AMAG' * HIRED AUTOS AUTOS (P.racrid ntI $ * $5,000 Ded. Hx $ A X UMBRELLA LIAB X OCCUR UECO01336611 111/2014 1/112015 EACH OCCURRENCE $1,000,000 'EXCESS EXCESS LIAB CLAMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ B WORKERS COMPENSATION i tCO01337411 1/1/2014 11112015 X TMSTAT 19 IUE� TR H- AND EMPLOYERS'LIABILITY YIN OR,LIM T 3 ANY PROPRI ETORIPARTNI ER/EXECUTIVE E.L.EACH ACCIDENT $1.000.000 OFFICERMEMBER EXCLUDED? MIA (Mutacetary in PIN) E.L.DISEASE-EA EMPLOYE $1,000,000 des cribe scribe under -D RIPTION OF OPERATIONS bpow E.L.DISEASE-POLICY LIMIT $1,000t000 A Professional Liability ECO01336811 1112014 /1/2015 Each Occurrence: $1,000,000 Cov.A.Claims Made Aggregate: $2,000,000 'Retro Date 1011/89 Retention: $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ALONG 101,Additional Remarks Schedule,If more space Is mqufmdl REPLACES CERTIFICATE ISSUED 12/26/13, D120912,02; Kent Regional Trail Connector. City of Kent is named additional insured on GL coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached. Policies contain a 30 day notice of cancellation and a 10 day notice of Cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS, 400 West Dower Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE Kent WA 98032 Gai-wo Gow), (Bwonj 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ,IT i I POLICY NUMBER: GE0001336711 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE _ Name Of Additional Insured Persons) i Or Organlzatlon(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE arious (REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL NSURED PROVIDED THE"BODILY INJURY"OR 'PROPERTY DAMAGE" OCCURS SUBSEQUENT TO HE EXECUTION OF THE WRITTEN CONTRACT OR BITTEN AGREEMENT. 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 or- ganization(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". i I i I CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 UNIFORM POLICY NUMBER: GECO01336711 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(s): Locations Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A Various WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE"BODILY INJURY"OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to comelete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to This insurance does not apply to "bodily Injury" or include as an additional insured the person(s) or "property damage"occurring after: organization(s) shown in the Schedule, but only 1. All work, including materials, parts or equip- , with respect to liability for "bodily injury", "property ment furnished in connection with such work, damage" or "personal and advertising injury" on the project (other than service, mainte- caused, in whole or in part, by: nance or repairs) to be performed by or on 1. Your acts or omissions; or behalf of the additional Insured(s) at the loca- 2. The acts or omissions of those acting on your tion of the covered operations has been com- behalf; pleted; or in the performance of your ongoing operations 2. That portion of "your work" out of which the for the additional insured(s) at the location(s) injury or damage arises has been put to Its designated above. Intended use by any person or organization other than another contractor or subcontractor B, With respect to the insurance afforded to these engaged in performing operations for a principal additional insureds, the following additional exclu- as a part of the same project, sions apply: I CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 UNIFORM