HomeMy WebLinkAboutPW11-026 - Original - ESA Adolfson, Inc. - National Flood Insurance Program Biological Opinion Compliance - 12/17/2010ecords M em
KENT D ocumentWagHtNcroN
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: ESA Adolfson
Vendor Number:
JD Edwards Number
Contract Number:tl- oe6Fot
This is assigned by City Clerk's Office
Project Name:National Flood Insurance Proqram Bio looical Ooinion Compliance
Description: ! Interlocal Agreement
! Other:
n Change Order I Amendment X Contract
Contract Effective Date: ,lrt;l 7-/o
thd Mavor's siqnatureTermination Date' 1 3 11
Contract Renewal Notice (DaYs);
Number of days required notice for termination or renewal or amendment
Contract Manag eri Beth Tan Depa rtment: Enq rneennq
Detail: (i,e. address, location, parcel number, tax idr etc.):
Assist in achievinq floodp lain hazard area compliance.
c,n^, P l'u ls o
S : Publlc\RecordsManagement\Forms\Contractcover\adcc7832 | 11/08
KENT
WASHtNGToN
CONSULTANT SERVICES AGREEMENT
between the CitY of Kent and
ESA Adolfdohr Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and ESA Adolfson organized under the laws of the State of Washington,
located and doing business at 5309 Shilshole Ave. NW, Suite 200, Seattle, WA 98L07, Phonel
(206) 789-96587Fax: (206) 789-9684, Contact: Teresa Vanderburg (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 assist the City in achieving floodplain hazard area compliance
with the Biological Opinion. For a description, see the Consultant's Scope of Work
which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31,20tL.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Forty Seven Thousand, Six Hundred Dollars ($47,600,00) 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.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
B. The Consultant shall submit monthly payment tnvoices 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 ail 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. TNDEpENDENT 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 tnis 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.
VL DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex/ age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment rElates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
Opportunity Policy Declaratiorr, Comply with City Administrative rolicy 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, inciuding all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that poftion 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, agentd and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence'
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER,
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement,
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference,
IX, EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
x, owNERSHIp AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City, All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
authorized under this Agreerrent, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
xII. WORK PERFORMED AT CONSULTANT'S RISK. CONSUITANT ShAII IAKC AII
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. Ali 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,
XITI. MISCELLANEOUS PROVISIONS.
A. Recyclable Malerials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its coniiactors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Wai.ver of Breach. The failure of the City to insist upon strict performance of
any of the covenints 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 angl 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,
fin{ County, Washington, unless the parties agree in writing to an alternative dispute resolution
proless. In any claim or lawsuit for damages arising from the parEies' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bi!nging such claim or lawsuit, including all appeals, in addition to any other recovery or award
prou'iAu? 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 ai tlre address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignm.ent, Any assignment of this Agreement by either pafty without the written
consent of the non-assigning party shall be void. If the non-assigning pafty gives its consent to
any assignment, the termJ of this Agreement shall continue in full force and effect and no
fufther assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement sfraff U" OinOing 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 exhiUiti attiched hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
other representative of the Crty, and such statements shall not oe 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, ruter, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT:
By:V',.^/J*'L,-
fr/4gt'F)Print N e:4n
Its c5r I
DATE:7 b'l::L,^b.- a-pta
CITY OF KENTr
By:
(signature)
Pri
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Teresa Vanderburg
ESA Adolfson, Inc.
5309 Shilshole Ave, NW, Suite 200
Seattle, WA 98107
(206) 789-9658 (telephone)
(206) 789-9684 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P,E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telePhone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Department
ESA Adolfson - Biological Opinion/Tan
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
1
2
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 oppoftunity
policies,
The following questions specifically identify the requirements the City deems necessary for any
contractor, Jubcontractor 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
direciives 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:
I have read the attached City of Kent administrative policy number 1.2.
During the time of this Agreement I will not discriminate in employment on the basis of
sex, iace, color, national origin, age/ or the presence of all sensory, mental or physical
disability.
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,
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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 fotth
above,
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 1 day of Dt 20 10.
Vt"t*OJ . Ve-- J"',-, L r"-,
3
4
5
By:
For:E
Title:V,""-Prt s,'.[eJ
Date 1 Dzer't--- DatZ
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMTNISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
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 g10,000 or more within any given year, musttake the following affirmative steps:
Provide a written statement to all new employees and
commitment as an equal opportunity employer'
subcontractors indicating
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.
Z. Monitoring to assure adherence to federal, state and local laws, policies and guidelines'
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, MaYor
1
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
-
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
intoonthe(date),betweenthefirmIrepresentandtheCityof
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy L.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this
-
day of 20
By
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
SCOPE OF WORK
National Flood Insurance Program Biological Opinion Compliance
Cify of Kent, Washington
The City of Kent (City) is reviewing current Best Available Science and existing environmental
and land use regulations within riparian and floodplain areas in order to ensure compliance with
the National Flood Insurance Program (NFIP) Biological Opinion. ESA Adolfson (ESA) will
assist the City in achieving floodplain hazard area compliance with the Biological Opinion.
ESA will review Best Available Science (BAS) regarding protective buffers and streatn
classification for rivers and streams; conduct a gap analysis of the current CAO, Shoreline Master
Program (SMP) and Flood Hazard Regulations; and assist the City in completing the Biological
Opinion Checklist in order to ensure that these regulations protect natural and beneficial
floodplain functions and are consistent with the Biological Opinion. The work will be completed
within three tasks, as follows:
Task 1 - Review of Best Available Science for the Green River and Other Streams
A team consisting of ESA scientists and planners will conduct a Iiterature review of current Best
Available Science (BAS) as it applies to river and stream buffers and classification system,
specifically with regard to the Green River and other streams located in the City of Kent. ESA
will use existing GIS inventory inforrnation to assess existing conditions within the Kent
floodplain areas in the context of BAS,
Deliverables:
. BAS Technical Memorandum detailing current scientific findings regarding protective
buffers and classification systern for rivers and streams.
. Existing Conditions Memorandum detailing existing salmon habitat and floodplain
functions within flood hazard areas in Kent. This memo will combine existing conditions
with BAS findings to either supporl existing regulations or recommended code
changes.
Assumptions: ESA anticipates providing a total of two (2) review drafts of the BAS
Memoranduln and Existing Conditions Memorandurn to the City for cornments and questions
Schedule: This task will commence irnmediately upon receiving Notice to Proceed (NTP), and
the first draft of the BAS Technical Memorandum and Existing Conditions Memorandum will be
provided within six (6) weeks of the NTP. Cornpletion of Drafts are anticipated by February
20ll and Final by March 201 l.
Task 2 - Gap Analysis of City's Current CAO and SMP Related to Rivers and
Streams
ESA staff will conduct a "gap analysis" of the current CAO and Shoreline Master Program (SMP)
to identify specific code sections that rnay no longer satisfy current Best Available Science with
regard to stream protection. ESA will assess implications of CAO and SMP land use, setback,
buffer and stream classification standards along the Green River and other streams using GIS
analyses provided by City staff.
Deliverables:
r Highlighted version of the current CAO and SMP identifuing those code sections that
may no longer satisfy Best Available Science.
. Technical Memorandum describing specific details of how current CAO does not meet
best available science criteria and recomrnendations for revising the code to satisfy BAS
requirements.
Assumptions: ESA anticipates two (2) meetings with City staff to discuss possible strategies for
addressing gaps in the CAO. New or revised code language to meet Best Available Science
requirements will not be provided under this scope of work. We will provide up to two (2) drafts
of the Technical Memorandum for City comrnents and questions.
Schedule: This task will commence irnmediately upon NTP, and the first draft of the CAO and
SMP Technical Memorandurn will be provided within six (6) weeks of the NTP. Cornpletion of
Draft is anticipated by February 201 I and Final by March 201 l.
Task 3 - FEMA Coordination and Floodplain Protection Biological Opinion
Checklist
A team consisting of an ESA scientist and a planner will systematically compare the City of
Kent's current CAO, SMP and Flood Hazard Regulations with the BiologicalOpinion Checklist
in order to deterrnine where the these regulations do, do not, or only partially satisfy the
Endangered Species Act criteria. ESA staff will coordinate with the City project team and FEMA
Region X to identifo successful approaches for meeting Biological Opinion requirements tailored
to existing conditions and anticipated future development. ESA's coordination will include
investigation of programmatic approaches for specific types of development.
ESA staff will prepare a technical memorandum that describes where the CAO, SMP and Flood
Hazard Regulations fail to satisfo the Biological Opinion criteria and what changes would be
required in order to satisfy the criteria. If programmatic approaches to ensure Biological Opinion
criteria are identified as an area warranting further analysis, the technical memorandum will
outline next steps for the programmatic approach.
Under Task 3, ESA engineering staff will also review the city's updated stormwater design
rnanual and provide general recommendations for how to include appropriate stortnwater
management measures, such as low impact development strategies, in order to comply with the
Biological Opinion.
Deliverables:
o Biological Opinion Checklist prepared in collaboration with the City project tearn.
. Technical Memorandum describing potential deficiencies in the City of Kent CAO, SMP
and Flood Hazard Regulations with regard to ESA floodplain protection criteria. This
memorandum will include recommendations for stormwater management measures.
Assumptions: ESA staff will complete the Biological Opinion checklist with City review and
assistance. For example, City staff will review the checklist and the specific CAO and/or SMP
code sections. ESA anticipates two (2) meetings with City staff and/or FEMA Region X to
discuss strategies for completing the Biological Opinion Checklist and coordinating possible
programmatic options. Programmatic assessment for specific types of developrnent activities will
not be provided under this scope of work. ESA anticipates providing up to two (2) drafts of the
Checklist and Technical Memorandum to the City for comments and questions.
Cost Estimate
The cost of these services is estirnated to be $47,600 for Tasks I - 3. Work is invoiced on a time
and materials basis.
ESA Adolfson EXHIBIT BBudget ProposalVersion: 2Project No.:Project Title: Biolooical Opinion ComplianceClient: Citv of KentBudget Total:Project Manager:Contract No.:Location:Teresa VanderburqKent. WashinqtonRate:Project TotalsTotalsHoursCost$47152.00 $15,070164.00 $15,980$o162.00 $16,420478.00 $47,470$0$65$40$25$1 30$o$6s$40$25$0.00$0.500$20.00$25.00130.002.001.00u"it"in"t"lco"tExpensesS. Bjork90.o0Hours2.002.004.008.0012.0010.006.0028.00D. Pierce75.00HoursA. Booye0.00Hours84.00100.0090.00274.O030.0016.0016.0062.00S. Krueger125.00Hours30.00M. Wolff140.00Hours4.0010.0016.0056.00A. Root130.00Hours12.0020.0024.00T.Vanderburg$175.00Hours8.006.006.0020.00Best Available Science ReviewTask IGap Analysis of Existing StandardsTask 2Task 3Checklist and SubmitalReimbursable Expensesconiuitinii '-Subtotal HoursIask99999MileageCameraGPSSubtotal Reimbursables
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 pro.perty which
may ariie f6m or in connectioh with the performance of the work hereunder
by ihe 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-o_wned,
h'trea 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 nece.ssary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liabiliti insurance shall be written on ISO
occurrence form cc 00 01, The city shall be named as an
Additional Insured under the Consuitant's Commercial General
Liability insurance policy with respect to the wo(n-e{9ry-e.d for the
City using ISO addition6l 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
lirnit for bodiiy iniu'ry and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
@o eaitr occurrence, 92,000,000 general
aggregate, '
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:
EXHIBIT B (Continued)
1. The Consultant's insurance coverage shall be primary insurance as
respect the City, Any Insurance, self-insurance, or insurance.pool.
coverage mainiained'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
nlming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
ffiliequiredinsurancepolicies.TheConsultant,s
Commercia'l General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom-claim is mad-e 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 insur:ers 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, inciuding but not necessarily limited to the
additional ihsured 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'
AAOBD- CERTIFICATE OF LIABILITY INSURANCE DATE (ilUIDD/YYYYI
1210812010
PRODUCER
WoodruFSawyer & Co.
220 Bush St,, ?th Floor
SanFranciscoCA 94104
(4t5) 391-2141
-THIS;CERTIFICATE
Ig ISSUED AS A MATTER OF INFORMATION
Ol,tlV AnO CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOI AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE P9TICIEJ,EEIE'V'-
INSURERS AFFORDING COVERAGE NAIC#
INSURED
Environmental Science Associates
ESA Adolfson, Inc.
225 Bush Street, Suit€ 1700
SanFrancisco,CA 94104
I
rNsuRER A: Greenwich Insurance company 22322
rNsuRERs: XL Specialw ktsurance Company 37EE5
INSUREB C:
INSURER D:
INSURER E:
THE POLICTES OF INSURANCE LISTED BELOW l-liAvE BEEN ISSUED TO THE INSURED MMED ABOVE FOR TH E POLICY PERIOD INDICATED,NOTWTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OE AI.IY CONTMCT QR OTHER DOCUMENT WITH
MAY PERTAIN, THE INSUMNCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
poilclEs. AGCNEGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .i.'
RESPECT TO WHICH THIS CERTIFICATE MA BE ISSUED OR
TO ALL THE TERM$,EXCLUSIONS AND CONDITIONS OF SUCH
INSBtTc WDF AF IN$IPANNE POUCY''IUMSER LnilTS
A x GENERAL LIAEILITY
CLAIMS MADE OCCUR
X ContracM Liability
Stoo Gan Emrlovers
GEN'L LIMIT PER
x
G8C001336707 01./01t2010 0u0U20ll EACH OCCIJRRENCE s 1,000,000
DAMAGts IOfItsNItsU
PPFMISFS tF ffirrmml s 1.000"000
MED E(P {Anv one Dorun)s 5,000
PERSONAL & ADV INJURY s 1,000,000
GENERAL AGGREGATE s 2,000,000
PROOUCTS - COMP/OPAGG s 2.000,000
B LIABILITV
X ANYAUTO
ell owrueoeuros
$CHEDULED AUTOS
HIREDAUTOS
NON-OWNEP AUTOSX
Deductible: $5,000
4nc001336507 0t/0!20t0 0u01l20tt COMBINED SINGLE LIMIT
(Ea accidBnt)$ 1,000,000
BODILY INJURY
(Psr psson)$
BODILY INJURY
(Per accldenl)$
PROPERWDAMAGE
(P€r aacldant)I
OARAGELIABILITY
ANYAUTO
AUTO ONLY. EAACCIDENT s
OTHERTHAN
AUTO ONLY:
enncc
AGG
s
a
A OCCUR CLAIMS i'ADE
DEDUCTIBLE
1
uEc001336607 0l/01/2010 0t/01/2011
Ei,CH OCCIJRRENCE E 1,000,000
AGGREGATE s 1.000.000
s
$
s
B Vt/ORXERS COII'FENSATION AI{D
EMPLOYERg'LIABILIW
ANY PROPRIETORiPARTNER/EXECUTIVE
OFFICEFYMEMBER EXCLUDEO?
lf yes, descrlbo undel
SPECIAL FROVISIONS bdow
wEc001337407 0l/01/2010 0L/01/201t -.IWCETATU-I IOTH.X lT^DwrrrrYal l Fp
E.L. EACH ACCIDENT s 1,000,000
E.L. DISEASE - EA EMPLOYEE s 1-000.000
E.L. DISEAS€. POLICY LIMIT 3 1,000,000
A orHER Professional Liability
Coverage A
Claims-Made Form
PEC001336807 0t/0u20t0 0U01l20ll Limit Eaoh Claim $
Aggregate Limit $Retention $
1,000,000
2,000,000
100,000
DESCRTPnON OF OPESATIONE / LOCATlotlS' VEHICLES I EXGLUSIONS AODEO
D210628.00; Kent Biological Option Compliance. City of Kent
07 04 attashed.
BY ENDORSEII|ENT / SPECIAL PROVISIONS
is named additional insured on GL coverage per endorsements CG 2010 07 04 and C62037
ofPrernium
SHOULD ANY OFTHEAEOVE DESCRIBED POLICIES BE CANCEttEO SEFORETflE EXPIRANON
DATE THEREoF, THE IssurNo rNguREB rvtll ENDEAvoR To net &- DAYs wRlrrEN
NOTICE TO lHE CERTIFICATE HOLDER NAMEO TO THE LEFI. 8UT FAIURE TO DO S{' SHALL
IMPO9E NO OBLICANON OR LIABILIW QF ANY ruND UPON THE IN$URER' ITS AGETITS OR
REPRESENTATNE&
AUTHORIZEDREPRESENTATIVE . ftv\rd bin*t4)-@wr;yce)
City of Kent
400 West Gowe
Kent, WA 98032
LOAN #:
ACORD 25 (2001108) ro *: Affir: Nancy yoshitake
10 Notice for
@AcoRo 1988
IMPORTANT
tf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certilicate holder in lieu of such endorsement(s),
tf SUBROGATTON 19 WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does' not confer rights to the certlficate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of lnsurance on the reverue side of this form does not constifute a contract between
the lssuing insure(s), authorlzed representative or producel, and the oertificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/00)
THI$ ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LE$SEES OR
CONTRACTORS. SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENEML LIABILITY COVERAGE PART
SCHEDULE
NAMED INSURED: Environmenlal Science Associates
POLICY NUMBER: CECOOI336707
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damago" or "personal and advertising injury''
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or ornissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above,
ADDITIONAL INSURED: City of Kent
B. With respecl to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injurt'' or
"property damage" occuning aftor:
1, All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other ihan seryice, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same Project.
COMMERCIAL GENERAL LIABILITY
cG 20 10 07 04
Name Of Additional lnsured Person(s)
Or Organization(s):Location(s)Of Govered Operations
City of Kent
400 WestGowe
Kent, WA 98032
D210628.00; Kent Biological Option Compliance. City of
Kent is named additional insured on GL coverage per
endorsements CG 2010 0? 04 and CG 2037 07 04 attached.
cG 20 10 07 04 @ ISO Properties, \nc'2004 Page 1 ofi tr
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES qR
CONTRAGTORS - COMPLETED OPERATION$
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAMED INSURED: Environmental Science Associates
POLICY NUMBER: GECOOI3367O?
Section ll - Who ls An lnsured is amended to in-
clude as an additional insured the perqon(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" cau$ed, in whole or in part, by'!our work"
ADDITIONAL INSLJRED; CitY ofKont
at the location . deslgnated and described in the
schedule of this endorsement performed for that ad-
ditional insured and included in the "products-com-
pleted operations hazard'.
COMMERCIAL GENERI\L LIABILITY
cG 20 37 07 04
Page I of I
UNIFORM
Locatlo n An d Descri ptlon Of GomplqleC-OPgl3$ons.
Name Of Additional lnsured Person(s)
Or Orsanizatlon(s):
D210628.00; Kent Biological Option Complianco. City of Kent is
namsd additional insured on GL coverage per endorsernonts CG
2010 07 04 and CG 2037 W 04 attached.
City of Kent
400 West Gowo
Kent, WA 98032
ation this the
cG 20 37 07 04 Copyright, ISO Properties, lnc., 2004
REQUEST rOR MAYOR',S STGNATURE
Please Fill in All Applicable Boxes
KF-tqT lfiis form ff{rsf be prinfed on cf}e ffy paper
Routing Information (ALL REQUESTS MIJST FTRST BE ROUTED THROTJGH THE LAW DEPARTMENT)
Brief Explanation of Document:
The attached agreement is for ESA Adolfson to assist the city in achieving floodplain hazard area compliance with the
Biological opinion. For further explanation, see the attached from Mike Mactutis.
AII,
i'' ri
Routed Through the Law DePartment NECEIVHD
Shaded Areas to Ee Completed by Administra
Origirrator: Beth Tan Phone (Originator): 5552
Date Sent: 12115110 Date Requi red: 12122110
Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12t31 t1 1
VENDOR NAME: ESAAdolfson, lnc'DATE OF COUNCIL APPROYALz 12t1411o
.,flut. i"x.La L"^-*-
(This Area to be Completed By the Law Department)
iiIi. 1 S i]0iil
Received
npp,ouii:fifi* u$ii :j i: i-'l
Law Dept. Comments
eitir of Kent
ce Llf ihe fitlayor
Date Forwarded to MaYor
R.eco,rn mendations & Com me nts:
:.': .
lage5B70-temPlatebase' 2/02