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HomeMy WebLinkAboutPW14-207 - Original - Environmental Science Associates - Contract- 08/21/2014 I Retards Man7agerneH KENT Document W ASHINGt ON 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. j I I Vendor Name: Environmental Science Associates Vendor Number: JD Edwards Number Contract Number: This is assigned by City clerk's Office I Project Name: Critical Areas Ordinance Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Review portions of the City's Critical Areas Ordinance and_provide recommendations for revising the regulations and support the City's public communication. I S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W..H I c roN Agenda Item: Consent Calendar - 7G r+ TO: City Council i DATE: August 19, 2014 I SUBJECT: Consultant Services Agreement with Environmental Science Associates - Approve MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Environmental Science Associates in an amount not to exceed $45,200 for environmental services needed to update the Critical Areas Ordinance (CAO) subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Washington State Growth Management Act (GMA) requires cities and counties to adopt a critical areas ordinance (CAO) (RCW 36.70A.060). The current version of the CAO, KCC 11.06 and KCC 14.09, was adopted in 2006. When reviewing or updating the CAO, cities are required to include Best Available Science (BAS) in policies and development regulations to ensure protection of the functions and values of critical areas. All jurisdictions are required to periodically review, evaluate, and, if necessary, revise the critical areas ordinance. Jurisdictions planning under the GMA are also required to review their CAOs to ensure compliance with the Comprehensive Plan. The City is required to update the CAO by June 2015. Environmental Science Associates (ESA) will assist the City in updating the CAO by reviewing the wetlands, streams and frequently flooded areas section of the CAO for consistency with BAS, providing recommendations for revising the regulations, and supporting the City's public communications during the legislative process. ESA will also provide support to the City in achieving compliance with the National Marine Fisheries Service Biological Opinion of FEMA's National Flood Insurance Program with the update of the CAO. EXHIBITS: Environmental Science Associates, Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher - Ralph NAY: BUDGET IMPACTS: No unbudgeted impacts. Funds for this work will come from the j Environmental Operating Fund. KENT WASHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Environmental Science Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Environmental Science Associates organized under the laws of the State of California, located and doing business at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Teresa Vanderburg (hereinafter the "Consultant"). I I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall review portions of the City's Critical Areas Ordinance and provide recommendations for revising the regulations and support the City's public communication. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Five Thousand, Two Hundred Dollars ($45,200.00), for the services described in this Agreement, This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business, V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. I CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. i IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. I A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product, B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. I E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement, However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) ,the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: : Suzette (signature) e: Rve- s--� ;-t- Print Nam (signaturV, ld I Print Cooke . . " b", Its vt,Le ree-s;de --F I Mayor (title) DATE: ti d /4- DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Teresa Vanderburg Timothy J. LaPorte, P,E. ESA City of Kent 5309 Shilshole Ave. NW, Suite 200 220 Fourth Avenue South Seattle, WA 98107 Kent, WA 98032 (206) 789-9658 (telephone) (253) 856-5500 (telephone) (206) 789-9684 (facsimile) (253) 856-6500 (facsimile) APPROVED AS 10 FOO 4: Kent Law Department ESA-Critical Areas Ord/Peterson CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. i The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. r By: �f�G lac c For: Title: f / 7 Date: I I EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. II II EEO COMPLIANCE DOCUMENTS - 2 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime I contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A t 5309 Shlishole Avenue No/ www.©satssoc.coin ESA Suite 200 Seattle,WA 98107 - 206.789.9658 phone 206.789.9684 fax I July 22,2014 j Kelly Peterson City of Kent Public Works&Engineering Department 400 W Giowe Street Kent, WA 98032 Subject: Critical Areas Ordinance Update—Scope of Work i Dear Kelly: We are very pleased that you have requested ESA to provide environmental services to the City of Kent for the Critical Areas Ordinance(CAO)update. This letter briefly provides our understanding of the project and includes our proposed scope and fee estimate. Background The City of Kent(City)is updating its CAO in accordance with the requirements of the Growth Management Act. ESA will review portions of the CAO for consistency with best available science,provide recommendations for revising the regulations,and support the City's public communication during the legislative process. Our review and recommendations will be limited to the stream,wetland,and flood hazard provisions of the Kent City Code (KCC). ESA has retained Dave Carlton of dkcarlton&associates,as a subconsultant to assist with the review of flood hazard area regulations. Dave Carlton is a water resources engineer and a Certified Floodplain Manager. i He formerly worked for FEMA, He will provide expertise related to update of the flood hazard area code and consistency with FEMA requirements. In addition,ESA can provide support to the City in achieving compliance with the National Marine Fisheries Service Biological Opinion(BiOp)of the Federal Emergency Management Agency's(FEMA)National Flood Insurance Program(NFIP), Our team can ensure that the recommended updates to the code for streams and flood hazard areas are consistent with the MOP and consistent with the findings in the draft programmatic habitat assessment of the City's floodplains(prepared by ESA,revised draft in 2013). Scope of Work The work will be completed within five tasks as follows. Task l—Pi•ofeet Maxngen:etif/Meetings This task includes time for four in-person meetings and regular communication with the City project manager and other City staff;managing budget and schedule;coordination with a subconsultant;and,quality control and assurance. i Deliverables; 0 Monthly progress report with summary of work by task and percent complete(to be submitted with monthly invoice). I Qy of Kent CAO Update—Scope of{York page 2 '',. Assumptions i • ESA staff will be available to have discussions with City staff up to the amount budgeted for this task. Task 2—Best Available Selene Review and Gap Analysis ESA will review existing conditions(location,function,surrounding development, and watershed context) for wetlands,streams,and flood hazard areas, and the related regulations for consistency with GMA requirements (RC W 36.70.172),regulatory agency requirements and guidelines,and best available science. We will use the City's existing maps and other documents as baseline information on the City's streams,wetlands,and flood hazard areas. We will review applicable scientific information released since the City conducted its last best available science review and CAO update, We will also review the City's matrix of proposed changes to KCC as observed by staff. ESA will coordinate with Dave Carlton on the review of the flood hazard areas regulations for i best available science and have him review the policy recommendations, I Deliverables: • Draft Technical Memorandum that includes gap analysis matrix with code and policy recommendations and best available science docomentaflon. • Final Technical Memorandum. Assumptions: • ESA review is limited to the procedural and administrative provisions,wetland, and stream definitions and regulations in KCC 11,06 and flood hazard regulations in KCC 14.09. Task 3—Revise and Update CAO Language After City review and discussion of the recommended policy changes developed in Task 2,ESA will propose revisions to the City's current CAO regulations. We will make revisions to the existing code in track changes so that the recommended revisions are clear to reviewers. The code sections that will be revised and updated include CAO Sections for Procedural and Administrative Provisions(KCC 11.06.010 to 11,06.100),Wetlands(ICCC 11.06.580 to 660)and Fish and Wildlife Habitat Conservation Areas(KCC 11.06.670 to 740). In addition, updates to the Flood Hazard Regulations(KCC 14.09)will also be provided ender this task. i Deliverables: i • One draft and one final version of the updated code sections,using tracked changes. • One draft and one final version of the updated Flood Hazard Regulations,using tracked changes. Assumptions: • Revisions to the wetland and stream sections are expected to be limited with the bulk related to the wetland/stream classification systems and mitigation standards. • Revisions to the flood hazard regulations will also incorporate the recommendations provided by Dave Carlton under Task 4. I I II City of Ken! CA Update—Scope of Work Page 3 I Task 4—Flood Hazard Area Review for FBMA Consistency and NFIP BrOp Compliance Following revision of the Flood Hazard Area regulations,ESA will coordinate with Dave Carlton for his review of the revised code, Dave will provide expert opinion on the adequacy of the proposed updates to the regulations for meeting FF.MA requirements. He will identify regulations that may require revision to comply with the NFIP BiOP and provide general recommendations(if necessary)to address gaps and will provide that information to ESA via email or phone. Dave will also provide an opinion on the ramifications of the proposed changes to the City's CRS rating. Dave will be available to attend two meetings to discuss either FEMA requirements or BIOp compliance and the City's floodplain management approach. Deliverables: • None. Assumptions: • Dave Carlton will be available for up to two(2)meetings with City staff and/or FEMA Region X on behalf of the City. • Recommendations coming out of this task will be incorporated into the final version of the CAO update work under Task 3. Recommendations will not negatively affect the City's CRS rating. Task S—Public Meeting Support ESA will assist the City's communication with project stakeholders,the general public,Council Committees, Land Use and Planning Board, and City Council regarding the CAO revisions by providing technical support. One ESA staff(Teresa Vanderburg,Ann Root,and/or Iion Logan)will be available to attend up to three(3) meetings or public workshops during the course of the project. The meetings could include workshops conducted early in the Comprehensive Plan planning process or later to present the major changes to existing policy and CAD standards.It is expected that public participation and meetings will be consistent with the City of Kent's Comprehensive Plan Update Public Participation Plan and update schedule. Deliverables; • None. Assumptions; • Support for public involvement is limited to 30 hours. General Assumptions The following assumptions apply to all deliverables and interim work products listed in the scope of work that require review or comment by City and/or other stakeholder; • All deliverables will be provided in electronic format. • One review cycle is assumed for all deliverables/interim work reviewed by the City and associated parties, unless otherwise noted. I i i l City of Kent CAO Update—.Scope of Mm* Page 4 • The City will be responsible for consolidating all comments into a single document for transmittal to ESA. The City will resolve discrepancies between various reviewers,prior to providing comments to ESA, • The timeframe for a review cycle(from transmittal of the documen(s)for review to the City to recoipt of consolidated City comments)is assumed to be four weeks,unless otherwise noted in this scope of work, Cost Estimate The cost of these services is estimated to be$45,200. Work will be invoiced on a time and materials basis. A breakdown of costs by task is shown in the table below. ,Task= Deacnptlon 'I ,; Hoursi 1 Project Management 7 Meetings 38 $5,290 2 BAS Review and Policy Recommendations 124 $14,720 3 Revise CAO Language 104 $12,280 4 Flood Hazard Review and NFIP BiOp Compliance 28 $3,120 5 Public Meeting Support 30 $4,290 Subconsultant(dkcarlton&associates) 30 $5,400 Expenses(mileage) -- $100 Total $46,200 Thank you again for requesting this proposal. Please feel free to call me with any questions at 206-789-9658, Sincerely, ESA l lion Logan,Project Manager I I i Cc: Teresa Vanderburg,GSA j Dave Carlton,dkcarlton &associates,PLLC i I I . . � . , . � � ; ) ; i \ ! ® � ! m - / Lu- li \ , _ ; „ > \ ) / ) \ y ) -Jk 22 ! \ EEo � }0 \ \ } \ \ / N z E ( ■ 30 t { / kCL ac = _ { ) ) ) ; Da § k 0 ® A / ) w u » EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. I I i EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I ® DATE(MMIDDOYYYI ACC"Ra CERTIFICATE OF LIABILITY INSURANCE 8/1212014 . 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. II. 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 Ileu of such endorsements. PRODUCER CONTACT Woodruff-Saw er&Co, PHONE 1 0 California Strreet, Floor 12 t A"aless yl orter3bP 14awsandco com...."... Fnc No: -989-992_� III San Francisco CA 94111 p INSURERSg AFFORDING COVERAGE NAIC# INSURERA:Greenwlch IfLsuranc�Gompany 2322 _ INSURED INSURERB'.XLS eCialt Company-- ENVISCI-01 p yJllsurance Coma 7865 I Environmental Science Associates INSURER C "... 550 Kearny Street, Ste 800 INSURER D: San Francisco CA 94108 INSURER E: _ INSURER F..... COVERAGES CERTIFICATE NUMBER:1263179136 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -1ADDL SUB/T - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE .WSR MePOLICY NUMBER MMIDDlVYYV MM/ODIYVYV LIMITS A I GENERAL LIABILITY Y GEC001336711 1f112014 /112015 EACH OCCURRENCE $1,000000 �--) AMAGE TO RENTED ti COMMERCIAL GENERAL LIABILITY PREMISES occurrence $1000000 I _.� CLAIMS-MADE IX OCCUR ', MED EXP(AnY one person) S5000 IX I Contractual Llab PERSONAL&ADV INJURY $1 000 000 X Stop Gap GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: .I PRODUCTS-COMPIOPAGG1$2000000 POLICY X PRO- -"_ LOC 8 AUTOMOBILE LIABILITY Y 'I. IAEC001338511 111/2014 /1/2015 COMBINEUbINGLE LIMIT Eaaecid_ent]_. 1000000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per Accident) $ AUTOS '— AUTOS NON-ONMED PR EPO RTY DAMAGE $ _. HIREDAUTOS 5 X X (Per accldanD _ X $5,000 Dad. UMBRELLA LIAB11 OCCUR III EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE S _ DEL) 17 RETENTIONS $ B WORKERS COMPENSATION VVE0001337411 /1/2014 /1/2015 X ITORYTATU- IO1'RH- AND EMPLOYERS'LIABILITY YtN ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT_ $1,000 000 OFFICERALMBER EXCLUDED? INIA ! (Ma tory in NH) i�L DISEASE EA EMPLOYE $1000000 If yes,descabeundae t !E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability PECO01336811 1/1f2014 111/2111 Each Occurrence: $1,000,000 Cov.A,Claims Made -Aggregate: $2,000,000 jRetro Date:1011f89 ;Retention: $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Amationat Remarks Schedule,if more apace Is required) D140486.00; City of Kent 2014 CAO Update. City of Kent is named additional insured on GL and Auto coverages per endorsements CIS 2010 07 04, CG 2037 07 04 and XIC 411 1007 attached. Coverage is primary and non-contributory per endorsement XIL 424 06 05 attached. Separation of Insureds is included in the policy contract. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. I i CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kant WA 98032 AUTHORIZED REPRESENTATIVE 1S�0 P.CILLU Crr�f,�s;�- W+ nf1 I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD J POLICY NUMBER: AECO01336511 v XIC 411 1007 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVFRAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, is adtonded to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily Injury" or"property damage" otherwise covered under this Policy caused, in whole or In part, by the negligent acts or omissions of: 1. You,while using a covered"auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered"auto"with your permission; Provided that: a. The written contract Is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident' causing "bodily injury" or"property damage"forwhich liability coverage is sought; and c. Such person or organization is an"insured"solely to the extent required by the contract, but in no event If such person or organization is solely negligent. El. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this Policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional Insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. (Authorized Representa y XIC 411 1007 ©2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: Cgp001336711 C G 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 Organizatlon(s): Location And Description_ Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU ARE Various 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 I(—Who Is An Insured is amended to include as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage"caused, in whale 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 I I I CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 UNIFORM I POLICY NUMBER: GEC00133F 7l l / 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 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location(s) 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 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 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 insureds) at the loca- l. The acts or omissions of those acting on your tion of the covered operations has been com- behalf; pleted; or n the performance of your ongoing operations 2• That portion of "your work" out of which the injury damage arises has been put to its for the additional Insured(s) at the location(s) intendedd use any person or organization designated above. 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 I i i i ENDORSEMENT#006 This endorsement, effective 12:01 a.m., 1/L J 14 forms a part of Policy No.CECO01336711 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It Is agreed that to the extent that insurance is afforded to any Additional Insured under this policy,this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. I I I I XI L 424 0605 ©, 2005, XL America, Inc. SPAT 0 1/1 112 0 1 3 i