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HomeMy WebLinkAboutPW13-036 - Original - ICF Jones & Stokes, Inc. - SE 256th St Improvement Wetland Services - 03/22/2013 Records Management, KENT Document WASHINGTON Al 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: ICF Jones & Stokes, Inc. Vendor Number: JD Edwards Number Contract Number: PL)13- a3( This is assigned by City Clerk's Office Project Name: SE 2561h Street Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other; Contract Effective Date: 3/22/13 Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide wetland related services for the_proaect;_ S Pub Ilc\RecordsManagement\Forms\ContractCover\adcc7832 t 11/08 KEN T W A 9 X I n G i O N CONSULTANT SERVICES AGREEMENT between the City of Kent and ICF Jones & Stokes, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ICF Jones & Stokes, Inc. organized under the laws of the State of Delaware, located and doing business at 710 Second Avenue, Suite 550, Seattle, WA 98104, Phone: (206) 801-2824/Fax: (206) 801-2899, Contact: Torrey Lusting (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 provide wetland related services for the SE 256th Street Improvements Project. 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, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Thousand, Two Hundred Seventy Six Dollars and sixty nine cents ($3,276.69), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) 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 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 abilityto 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 (Under$10,000) 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. 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 (Under$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT- 4 (Under$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. Counter. 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: S. --p By:A/-- A�s (signature) (slgnature) Print Name: '5fkw►J le- Print Name: Mark Howlett Its: o,eog w w1t ed- Its: Design Engineering Manager (title) 3' 2Z- ( 3 DATE: 14 M04C lVt-b DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Torrey Luiting Timothy J. LaPorte, P.E. ICF Jones & Stokes, Inc. City of Kent 710 Second Ave., Suite 550 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 801-2824 (telephone) (253) 856-5500 (telephone) 206 801-2899 facsimile 253 856-6500 (facsimile) 1Cr30MmSt*w-2W2/ CONSULTANT SERVICES AGREEMENT- 5 (Under$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. 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. Dated this �" day of Mom" , 20 l3 . By: C For: I GF Jv►*S ! -50fth , WC-- Title: t4pf� Date: IA- u1i4t- 2013 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. 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 into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: a EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK Wetland Related Services SE256th Street Project-Visual Wetland Determination and Expanded Technical Memo City of Kent Public Works Department Statement of Work The intent of this scope of work(scope) is for ICF Jones & Stokes, Inc. (CONSULTANT)to provide a suite of services to the City of Kent Public Works Department (CITY) associated with the CITY's SE 2560 Street Protect (Protect). These services include additional site investigation to determine the extent of wetlands and to then amend the previously prepared Wetland Delineation Technical Memo. The project is located along SE 2561h Street, between Kent-Kangley Road (SR516) and 116th Avenue SE, in Kent Washington. The services to be provided include the following tasks: • Task 1: Visual Determination of Wetland 2 Extent-determination of any wetlands or waters of the U S located within parcel 202202-9035 (Dinsdale) based on visual field reconnaissance and use of background material (no property access allowed), field determination will include preparation of a sketch map on an aerial photo base Illustrating the approximate undelineated extent of wetlands in the study area; • Task 2. Wetland Technical Memo -expanding the previously prepared SE 256" Street Technical Memo to include the extent, category, and buffer of any wetlands on the Dinsdale parcel; and • Task 3• Project Management and Coordination: related project management and client coordination regarding wetland extent findings, A description of each Task, including assumptions and deliverables, to be completed by CONSULTANT under this scope is presented below. This project will be billed monthly on a time and materials, not to exceed basis. Budget may be shifted between tasks, but shall not exceed the total budget amount of $3,276.69. Task 1: Visual Determination of Wetland 2 Extent The CONSULTANT will review in detail available topography, aerial photograph, soils, and wetland inventory information collected primarily during previous iteration of the SE 256t'Street project CONSULTANT will use this information in conjunction with a targeted visual reconnaissance of the area I of the parcel north of SE 256"' Street to determine as accurately as possible (lacking actual site access) whether a potential wetland or other water of the U.S exists on the parcel. If, based on the information available, a potential wetland or other water of the U.S exists CONSULTANT will determine its approximate undelineated extent, configuration, and likely regulatory category and buffer, per the Kent I Municipal Code 11 06 The CONSULTANT will base this determination on the methods specified for a routine-level wetland delineation using the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987) as updated by the Corps 2010 Mountains, Valleys, and Coast regional supplement, and the Department of Ecology's Washington State Wetlands Identification and Delineation Manual (Ecology 1997), but lacking private property access, no delineation sample plots will be completed Field time for one senior wetland biologist is expected to require up to one, 4 hour day to complete the field reconnaissance, including field preparation and travel to and from the project site. The focus of the investigation will be determining the extent of any potential wetlands or waters of the U.S. extending across the southern portion of the Dinsdale parcel to demark the closest wetiand edge relative to the 1i I 1 edge of SE 256s'Street. The CITY's wetland inventory and previous field work completed by the CONSULTANT for the City Indicates wetlands may be present within the defined study area. Based on this visual wetland reconnaissance and background material review, including similarities with other nearby delineated wetlands, CONSULTANT will determine likely wetland rating (and thus the functions and values assessment) based on the Ecology wetland rating form and associated wetland buffer, per the requirements of the Kent code under this scope of work Assumptions: ■ No access to private property is available; visual reconnaissance to be conducted from publically accessible roads and parking lots ■ A maximum of 1 Ecology wetland rating form will be necessary. • Field assessment of buffer impacts associated with Wetland 1 will be based on undated project drawings prepared by the CITY and provided to CONSULTANT on November 7, 2013. Deliverables: • Sketch map of wetland extent and configuration for CITY to depict on graphics illustrating wetland buffer impacts from proposed project [electronic copy] to Ecology rating form will be included with the Wetland Technical Report (Task 2). Task 2: Expanded Wetland Technical Memo CONSULTANT will add information relative to the extent of the wetland on the Dinsdale parcel to the previously prepared technical memo and will determine the extent of wetland which could be impacted by the project. The expanded memo will include two standard report figures prepared by CONSULTANT in GIS illustrating the protect location and the boundaries of the delineated wetland, as well as the approximate extent and configuration of any approximate, undelineated wetlands on the Dinsdale (based on wetland delineation survey files provided by the CITY and GIS shapefiles prepared by the CONSULTANT) and the overlap between the proposed project and the wetland buffers. Deliverables: • Draft summary memo [electronic copy] • Final summary memo after one round of consolidated CITY review and comment (electronic copy] Assumptions: ■ The expanded Wetland Technical Memo will be substantially based on summary memo completed in November 2012 during previous iteration of the project, ■ Project will result in wetland buffer impacts only, not impacts to wetlands or other waters of the U.S • The expanded memo will not explicitly address project impacts, mitigation sequencing (including avoidance and minimization measures) or proposed buffer mitigation mapproach and how the proposed buffer mitigation satisfies the requirements of Kent Municipal Code 11 06, i ■ CITY will prepare a Buffer Mitigation Plan and address comments by the City's planning department received on February 20, 2013. j • CONSULTANT will prepare graphics for the memo illustrating plan view of the proposed project and proposed project impacts to wetland buffers, based on the previously surveyed delineation of Wetland 1 and based on the approximate, undelineated extent of Wetland 2 (if appropriate). • CITY will prepare the Buffer Mitigation Plan, including conceptual plan design, planting plan, and construction details, utilizing information provided by the CONSULTANT as appropriate. JI 2 I i i ■ The CITY will revise the project SEPA in response to SEPA comments from the planning department. Task 3: Project Management and Coordination The CONSULTANT will coordinate with the CITY via phone and email regarding project schedule, project budget, field findings, and buffer mitigation input, up to the level of effort included in,the cost estimate. The CONSULTANT will prepare monthly progress reports Identifying work completed during the invoicing period, percent of work completed to date, period hours, period labor costs, period direct expenses, status of Tasks, and, if Tasks are behind schedule and/or over budget, how the CONSULTANT shall address these issues and bring them back Into compliance with the contract. The progress reports will also Identify any outstanding issues or foreseeable issues that are of concern. The CONSULTANT project manager, project director, and financial administrative assistant will be responsible for administering the contract, scheduling resources, handling team communication (both internally and with the CITY), responding to requests for information, preparing invoices, tracking budget, and related project management and administrative tasks Deliverables: ■ Progress reports and invoices and related budget coordination by email or phone, ■ Emails summarizing project status, questions, and decisions Assumptions: 1 ■ Project will proceed according to schedule, and will last no more than 1 month, ■ Not more than 1 hour per month for the project manager for invoicing and one-half hour per month for the financial assistant will be necessary to comply with CITY invoicing requirements Schedule CONSULTANT would begin work as soon as the signed contract is received (anticipated to be in mid- March 2013) and extend through the submittal of Wetland Technical Memo as defined in this scope of work. Tasks associated with this scope of work would generally occur according to the following anticipated timeline. Schedule extension due to unanticipated delays [e.g. contracting, severe weather] may result in any unanticipated delays in the timeline presented here I Task Schedule Task 1 -Visual Wetland Determination of Wetland 2 Wetland delineation scheduled within 7 days of NTP Extent and Buffer Conditions i Task 2-Expanded Wetland Technical Memo Wetland Technical Memo completed within 10 days Of coin letbon of Task 1 Task 3- Project Management and Coordination Mid-March through end April 2013 3 , S j C � a n i m ni o �+ mm N `c � � u p % v IL O p p p 1� OI yO � 8 Of i n'00•(mO�0�f�l• m pu( IRZ N N:O.Op F } O Ki W�/� V/ I t 1 f I [ } C C 7i i O i y of of :o'•o'v! 'roi m a QCIT O ! ° [n ! E I G7 '.a �...�....�...i....6.. ...t.... 03 13 'F 1 ! j ! !•- O N C i to 7 2 5+r� Y } N i ! w ! } I I } -} ,LL!sl i i Oi nl i C! I � o; E m s (€ sa i }. ' O in:d: ' io � m U of=1 Icl iNs E ° c 6f }w'cc • �l EI NI w n a on me c} m:L•ZSI ml E c d n y E? C I 2 cc " n N vl pI d! a. E - m c Fp �ii ' mor�t$i E:!s vILa H a v ro} a�i� 7il ol � m °! 0 (L " L Sjlt�i_ai E•I E '° LL •o �_ M m U � p uNi O s 1 w 9 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 1185 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 $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. DAT 03/814V�)0 3 CERTIFICATE OF LIABILITY INSURANCE 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(es) 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 9! certificate holder In lieu of such endorsement(s) d PRODUCER CONTACTNAME 'p AOn Risk services Northeast, Inc PHONE FAX New York NY Office (AID No Exq (866) 283-7122 rut No (847) 953-5390 a 199 water street ADDRESS S New York NY 10038-3551 USA INSURER(S)AFFORDING COVERAGE NAIC N INSURED INSURERA Federal Insurance Company 20281 ICE Jones & stokes, Inc. INSURERS Great Northern Insurance CO 20303 9300 Lee Highway Fairfax VA 22031-1207 USA INSURER sentry Ins A Mutual Company 24988 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:570049269743 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 Limits shown are as requested INSR POLICY SEE POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YVYV MMIDDIVYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 IXX COMMERCIAL GENERAL LIABILITY Package - Domestic DAMA R N $1,000,000 PREMISES Ea occurrenceIM CLAS MADE X❑OCCUR MED EXP(Any one person) $10,000 Protl Comp Op Intl In Genl Agg PERSONAL&ADV INJURY $1,000,000 Contractual Liability GENERAL AGGREGATE $2,000,000 up N GEN L AGGREGATELIMIT APPLIES PER PRODUCTS COMP/OP AGG X POLICY PRO LOC o 0 B AUTOMOBILE LIABILITY 7352 955 5/2012 06/2S/2013 COMBINED SINGLE LIMIT $1,000,000 Automobile - All States Ea accident , ]XX BODILY INJURY(Per person)ANYAUTO _ ALL OWNED SCHEDULED BODILY INJURY(Per accicen0AUTOS AUTOSNON-OWNED PROPERTY DAMAGE HIRED AUTOS X AUTOS (Peraccldenil w is 0 A X UMBRELLA LIAB X OCCUR 93630018 06/2$12012 06/25/2013 EACH OCCURRENCE $3,000,007 Ci Umbrella Liability AGGREGATE $3,000,000 EXCESS LIAR CLAIMS-MADE Umbrella applies per policy terns & condi ions DED X RETENTION C WORKERS COMPENSATION AND 90-17657-01 06/25 201 25/2013 X VIC uMns OTH TORY EMPLOYERS LIABILITY YIN workers Comp ANY PROPRIETOR'FARTNERI EXECUTIVE EL EACH ACCIDENT $1,000,000 C OFFICERiMEMBER EXCLUDED? NIA 90-17657-02 06/25/2012 06/25/2013 (Mandatory in NH) Workers Comp EL DISEASE EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD/01,Additional Remarks Schedule,if more space is required) �yJ Re SE 256th Street Improvements project 1_ 1 - The City of Kent is included as an Additional Insured as its interest may appear as respect General Liability I 2 - subject to the standard terms and conditions of the individual policies, the indicated coverage is primary but only as respects work being done by ICE Jones & Stokes, Inc for the City of Kent 3 - Except with respect to the limits of insurance, and any rights or duties specifically assigned to the First Named Insured, CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE y POLICY PROVISIONS al City Of Kent Engineering AUTHORIZED REPRESENTATIVE 400 west Gowe Kent, WA 98032 USA 5� 4� l/PJ' eI ©11988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000024256 LOC#• A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services Northeast, Inc ICF ]ones & stokes, Inc. POLICY NUMBER see certificate Number 570049269743 CARRIER NAIC CODE See Certificate Number 570049269743 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability Insurance Additional Cescnphon of Operations I Lacahons I Vehicles insurance applies separately to each insured against whom claim is made or "suit" is brought ACORD 101(2008/01) ©2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Policy Period JUNE 25 2012 TO TINE 25 2013 Effective Date TUNE 25,2012 Policy Number 3581-24-09 EUC Insured ICF TONES&STOKES INC Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued TINE 25 2012 This Endorsement applies to the following forms GENERAL LIABILITY Under Who Is An Insured,the following provision is added Who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance,any person or organization shown in the Organization Schedule,acting pursuantto a wutten contract of agieenientbetwcenyou and such pet son or organization,is an insured but they are insureds only with respect to habihty arising out of your operations,or your premises,if you are obligated,pursuant to such contrauor agieement to provide them with suoh insurance as is afforded by this policy However,no such person or organization is an insured with respect to any, assumption of habihty by them in a contractor agreement This limitation does not apply to the liability for damages for mlury or damage,to which this insuance applies,that the person or organization would have in the absence of such contract or agreement damages arising out of their sole negligence Schedule ANY PERSON OR ORGANIZATION AS REQUIRED BY CONTRACT Fars on or orgar¢ations that you are obngated pursuan tow ltten contract or a greement be-ween you and suoh parson or organ zat on to pro tide with such insurance as Is afforded by thin policy tut they are insureds only if and to the m vmum entent that such oonnact o, ag eement requires fl=e person or organization to be atrolded status as an insured However tic person or organ izavor is on insured up der tire props on,vho is more specifically descnbea under any other rrev at on or the&0 Is Ar Insure I section of this policy tregardleea Of any Imutatiun applicable thereto) City of Kent Liability Insurance Additional Insured-Scheduled rer"ur urganizanon continued Fomr 80-02-2367(Rev 8-04) Endorsement Page 1 Liability Endorsement (continued) All other terms and condittonsremam unchanged. Authortzed Representative Reference Copy Liability Insurance Add,Gonallnsured-Scheduled Person Or Organization lastpage Form 80-02-2367(Rev 8-04) Endorsement Page 2 POLICY NUMBER 7352.29-55 COMMERCIAL AUTO CA 20 48 02 99 TEAS ENDORSEd1 ENT CHANG FS THE PCLLJCY. ILGMJL FMAD 17 GARLFULLV, DESIGNATED INSURED TWO endorsement modi2es InsuronceprWdad under 1he Ipllouteg; BUSINM ALITO COAPAGE FORM GARAGE M AAQG PORN M070R CAFRIEi COVERAGE FDRtN TRUCKERS CDbERAGE FORM VAth res{wet w coverage prov&d by this endorsement the pivvialona of the Coverage Fenn apply ynleea modfirw by thfs endorsrunent, Thls enciweement tdentrfiee pereon(s}or org4nU4vn(4)wfio era vm,ed9^under V)v Who 1s An Insured FfCVIBIop Of to Cowma Form.Th le endorsaitwrtt doee nol Deer mry ape prow°dnd In the Coverago Fam, Tnis endorserent changes the pdray eflecbve on tha Inoepbm dam of eta pd,cy uolvve m v*mr d"Im and ooked Wow, Endafaemont Etfactrvo 6/2502 Counearmgned My Named Inured ICF JONES&STOKES INC >v 71 i - hosim rye kNEME Name of Person(s)or Organization(s) "Any person or orgamzatron as required by msur ed contract" (It nD er(ey appmai above. Irdomtatlon regakad to comPMe Ihis endorsement well be sholvi In the Deolerabons as eppflou61c on trwendorc nt; Each parson or organfzabon alww)iR he Schedule is an ifiwmd"for LlaWlrly Coverage,but o.,y to rio ax•ent fhet person m organlzatfo.j quallflas as a-'lneurea"UnCer tree who la An Inaured Provlarort oontairad In Seceoelt of the Coverage Form, CA 20 dll e2 99 CapYrtghl,Irauttvres Sarwoee Office,tne,. S8ffl POOs s at 1 t3