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HomeMy WebLinkAboutPW14-249 - Original - Environmental Science Associates - Monitor Three Wetland Mitigation Projects - 10/10/2014 Records Managem , KENT Document WASHINGTON li £y 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. I Vendor Name: Environmental Science Associates Vendor Number: JD Edwards Number Contract Number: ?N*1" This is assigned by City Clerk's Office Project Name: Wetland Mitigation Monitoring Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 4/15/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment i Contract Manager: Matt Knox Department: Engineering Contract Amount: $62,113.75 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Monitor three wetland mitigation projects: S. 228th St. Extension, Upper Johnson Creek_ Restoration, and Meridian Valley Creek Enhancement. i As of; 08/27/14 1 i KENT Agenda Item: Consent Calendar - 7C 'Nnsin rvr;i oa 'i. TO: City Council DATE: October 7, 2014 SUBJECT: Consultant Agreement with Environmental Science Associates for Wetland Mitigation Monitoring - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Environmental Science Associates in an amount not to exceed $62,113.75 to complete wetland monitoring for the S. 228th St. Extension, Upper Johnson Creek and Meridian Valley Creek Enhancements Projects, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: When critical areas such as streams or wetlands are impacted or enhanced, permits require monitoring of the mitigation area for up to 10 years. Several city projects are in the monitoring phase including the 228th Street Extension, Johnson Creek Restoration and the Meridian Valley Creek Enhancement Projects. Environmental Science Associates (ESA) will complete the required monitoring for each location over the next four years and prepare the necessary reports, including maps and figures for staff to review. The reports will be submitted to applicable agencies to meet permitting requirements. The prices that ESA has submitted include: $12,122.55 to perform one final year (Year 10) of monitoring at S, 2281h mitigation sites, $21,406.15 to perform Year 2, 3 and 5 monitoring at Johnson Creek, and $28,585.05 to perform Year 2,3,4 and 5 monitoring at Meridian Valley Creek. ESA has a working familiarity with these sites: they prepared the monitoring reports for these sites in 2013. This proposed 4-year contract will `lock-in" prices and streamline contract administration costs. EXHIBITS: Consultant Services Agreement with Environmental Science Associates I RECOMMENDED BY: Public Works Committee YEA: Fincher - Ralph - Higgins NAY: BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract will be paid through project funds. i KENT w.,s"I.oT.l 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 Shilshoe Ave. NW, Suite 200, Seattle, WA 98107, Phone: (206) 789-9658/Fax: (206) 789-9684, Contact: Michael Muscari (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall monitor three wetland mitigation projects for the city (S. 228th Street Extension, Upper Johnson Creek Restoration, and Meridian Valley Creek Enhancement). 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 April 15, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Two Thousand, One Hundred Thirteen Dollars and seventy five cents ($62,113.75), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (over$10,000) i B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the l 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: I A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) I Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. I X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) I 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. I 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 j date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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: l (signature) / J `�, (signature) Print Name: / � _4 CJ17CV Print Name Suzette Cooke Its Vide Twideob Its- Mayor (title) / DATE: Ab y DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Michael Muscari Timothy J. LaPorte, P.E. Environmental Science Associates 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) APPR VED A TO FORM: , I Kent Law Department ESA-Watland Mit Monitodng 2014-2017/Knox CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) i i I DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: &) eloncy For: ESA Title: slide 119"e %t LO174 Date: Bf 2,�` 11 C/ EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 j 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 EEO COMPLIANCE DOCUMENTS - 2 4 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: i I! I EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT R �,y 5309 Shllshole Avenue NW _� vnwz-eaaesoc.cnm i !!„a?L .Ph Suite 200 Seattle,WA 98107 206.789.9656 phone 206.789.9684 fax i I City of Kent 2014 — 2017 Wetland Mitigation Monitoring Scope of Work I Environmental Science Associates(ESA)has prepared this scope of work to conduct monitoring of three wetland mitigation projects in the City of Dent,Washington.This scope is divided into three tasks for each monitoring project.Monitoring work will occur in 2014—2017 and will be billed on a time and materials basis. A detailed Scope of Work is provided below.Mitigation project descriptions are from mitigation plans and monitoring plans provided by the City.The cost estimate is also attached to this Scope of Work. TASK 1—SOUTH 228TnSTREET EXTENSION Wetland mitigation for the South 228a.Street Extension project was conducted at four separate sites,totaling 17.1 acres.'The four sites are referred to as Birk,Donofrio,Russell Road, and Kentview PUD sites. Years 1,2,3, and 5 monitoring were conducted by others;Year 7 monitoring was completed by ESA in 2013;and Year.10 monitoring is required in 2016. This scope of work,includes Year 10 monitoring only. Two ESA wetland biologists will conduct monitoring at each of the four mitigation sites listed above. Site work will include vegetation monitoring plots, soil observations,and notes on general wildlife habitat feat Iues as described in the Year 7 monitoring report. We will also make observation on wetland hydrologic indicators;' although the primary source for site hydrology will be the monitoring well data that the City is collecting weekly. Photographs will be taken at each site and included in the report to provide farther documentation of site conditions. Deliverables:ESA will deliver an electronic copy(pdf tile)and one hard copy of the monitoring report within three weeks of completing site work. Assum tiE ons: • The City will provide hydrologic monitoring data man electronic format compatible with MS Excel. • The City will provide documentation of maintenance actions(weeding,replanting,etc.)taken on each site since the Year 7 monitoring was completed. r { 1 I I • Site monitoring will be conducted late in the 2016 growing season(Aug-Sept). • Site monitoring can be completed by two staff in three days, • The site will be regularly maintained and weeded so that native plantings can be seen readily, j • The scope includes no agency site visits or response to comments from state or federal permit authorities. Cost Task 1: $12,122.55 TASI{2—UPPE11 JOHNSON CREED RESTORATION The Upper Johnson Creels Restoration site was constructed in 2011.ESA conducted Year 1 monitoring in 2013. Under this task,ESA will monitor the site as required during Year 2(2014),Year 3 (2015),and Year S (2017).As described in the Restoration and Wetland Mitigation Plant(revised February 2010)and shown on Phase li Plan Sheet set(dated 8/4/11)the mitigation area includes 0.14 ae of wetland creation and 0,59 ac of wetland enhancement.Monitoring parameters include hydrology and vegetation cover. Deliverables.ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three weeks of completing site work, Assumptions: • The City will provide hydrologic monitoring data in an electronic format compatible with MS Excel, • Site monitoring will be conducted once late in the growing season of each monitoring year(Aug-Sept). • Site monitoring for each year can be completed by two staff in one day. • Stream channel monitoring is not included in this task. • The site will be regularly maintained and weeded so that native plantings can be seen readily. • The scope includes no agency site visits or response to comments from state or federal permit authorities. Cost Task 2: $21,406,15 TASK 3—MERIDIAN VALLEY CREEK ENHANCEMENT PROJECT The Meridian Valley Creek Enhancement Project was constructed in 2012.Permit conditions include vegetation and stream channel monitoring and monitoring reports due by November 1 for five years after project completion. ESA conducted Year 1 Monitoring in 2013. Under this task,ESA will monitor the site as required during Year 2 (2014),Year 3 (2015), Year 4(2016), and Year 5(2017). I I i I I � Deliverables. ESA will deliver an electronic copy(pdf file)and one hard copy of the monitoring report within three weeks of completing site work, Assumptions: i • The City will arrange for permission to access the private property(Meridian Valley Country Club)that the project is located on. • The City will provide hydrologic monitoring data in an electronic format compatible with MS ExceL • Site monitoring will be conducted only once late in the growing season of each year(Aug-Sept). • Vegetation and stream channel monitoring for each year can be completed by two staff in one day. • The site will be regularly maintained and weeded so that native plantings can be seen readily, • The scope includes no agency site visits or response to comments from state or federal permit authorities. Cost Task 3: $28,585,06 SCHEDULE: • ESA will prepare monitoring equipment and finalize methods with City staff within two weeks of receiving a signed contract, • The field work for Tasks I —3 will be conducted in August and September of the specified years. i ESA will deliver monitoring reports to the City for Task 3 by October 18 and for Tasks I and 2 before November 15 of each monitoring year so that the City can submit to review agencies by the deadlines specified in the mitigation plans. Total Cost of Contract: $62,113.75 i i i i i .•... .,...aa.•y,...y....r.....•....•....,.....,.......iii!j r�Opo';[.ero�N'�UI'.f i•lt.ya-r xoopp ilNNN'e. (: ,�ioohiSt moN.li NN E!;l........tt...ti.....s.iI.0o�....;:l.la.00..rNM'o^... f;!.... .n..!!!N yjI".N.so N:N! ! ..Oe �•M: 9 ih!F pp.pp Ui i i i E Ics EN iNj I j e ! t iN Env ! iilfiil iE ~ j E i ! i ibi ! E E• ' ' lof q....., 121 101- o: !o,u!! m3 EEo:u>I ! co: € xoirA: i •N. ! o;m. w� E x i e E ! ! x x l ! S ! Ov ff,plox Alm`'1'Itoi ! ! 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FY 82 N M .y. h M. �c .c ac m Fro. � ti Fro i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. j 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. j 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general j aggregate and a $1,000,000 products-completed operations aggregate limit. i 1 I EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII, E. Verification of Coverage I 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 Contractor 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. D DATE{MMIDDNYYY) AC ;Zi CERTIFICATE OF LIABILITY INSURANCE I - 812712014 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 . CONT CT PRODUCER NAME Valere,PQrteLBrowne -- Woodruff-Sawyer&Co. LacD.NN Ea1p415-391-2141__ ____. Fadc AX 50 California Street, Floor 12 - Ne1415-9$9 9923 E-MAIL San Francisco CA 94111 -A pDRESs•vporter-broWlle ws ndco,Com _..INSURERCH AFFORDING COVERAGE I- - NAIC a INSURERA. fDwich 22322, INSURED ENVISCI-01 JNSUI B:XL SpeClalty Insurance CQm aI py 37885 Environmental Science Associates INSURER C: 550 Kearny Street, Ste 800 INSURERD; San Francisco CA 94108 INSURER E: INSURER F: �� -- COVERAGES CERTIFICATE NUMBER:1531154431 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. '- ADDLS POLICY YE POLICY EXP INR TYPE OF INSURANCE IRan WVD POLICY NUMBER MMIDONYYY MMIDDNYYY LIMITS A GENERAL LIABILITY Y GECO01336711 1 1111/2014 /1/2015 EACH OCCURRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED s, PREMISES urrencai jI$1 000,000 _ CLAIMS MADE f X ]OCCUR ! MED EXP lAny one person) _1$5 000 X Contractual Use ICI PERSONAL&ADV INJURY 1$LOGO 000 X Stop Gap GENERALA99REGATE $2 000 000 _ GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS COMP/OP AGO I$2J000 000 POLICY X PRO- LOG $ B AUTOMOBILE LIABILITY ''Y AE0001336511 J 1/112014 /l/2015 {Ea accirlentL $1,00Q,Op0 _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Par $ AUTOS AUTOS NONOWNED PROPERTY DAMAGE �$ X HIRED AUTOS X AUTOS Per accident) X $5,000 Dad. Is UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS MADEAGGREGATE S... DED I RETENTIONS $ B WORKERS COMPENSATION ECO01337411 i1/112014 11/2015 X WC STATU OTH- ANYPROPRIETORIPARAND EMPLOYERS' BTINCRIEXECUTIVE LIMIT$) ER.. LITY OFesdes MBEREXCLUDE04 NIA EA_.EAEASE-DENT I$1000000 VfN - (Mandatory In NH) E L.DISEASE EA EMPLDYE1,000 000 DESCRIPTION OF OPERATIONS below EL DISEASE LIMIT $1,000,000 A Professional Liability IPECOOt 33G811 1/1/2014 1V7/2015 Ea.Occurrence: $1,000,000 Cov.A Claims Made Aggregate: $1,000,000 Rote Date:10/1/89 Retention: $100,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (Attach ACORD i01,Additional Remarks Schedule,if more space Is required) D120912.03; City of Kent 2014-2017 Wetland Mitigation Monitoring. City of Kent is named additional insured on GL and Auto coverages per endorsements CG 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. CERTIFICATE HOLDER CANCELLATION �I. 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. 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE '" ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AECO01336511 XIC 411 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AUTOMATIC ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: i BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, is amended 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; Id. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage"for which 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. B. 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. I 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'v I i XIC 411 1007 Q 2007,XL America, Inc. Page 1 of 1 Includes copyrighted matceal of Insurance Office,Inc.,with Ls perrnlssion. POLICY NUMBER: GF.t.001336711 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR I CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): 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 RITTEN 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 CG 20 37 07 04 Copyright, ISO Properties, Inc.,2004 UNIFORM Ii 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 Organization(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 coinOiete this Schedule, if not shown above,will be shown in the Dectarations. 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 meet furnished in connection with such work, damage" or "personal and advertising injury" on the project (other than service, malnte- caused, in whole or in part, by: trance 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 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: CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Pagel UNIFORM i ENDORSEMENT#006 This endorsement, effective 12:01 a.m., 1/1/14 forms a part of Policy No.GEC001336711issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. I 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 ,III XIL 424 0605 ©, 2005, XL America, Inc. SPAT 01/11/2013 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 Einvirginmental S ' Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Wettand MitiqatiqLi_ Monitgring (22§'h St. EXIension, r Restoration,Jo.blil Creek n rldlan Viffley Cl Enbancefflenj) that was entered into on the October 10, 2014 (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: . Pa�_ wW ��. ::rG • For: Title: __... /i c /0'/r25i d��! Date: r�L. EEO COMPLIANCE DOCUMENTS - 1