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HomeMy WebLinkAboutPW15-197 - Original - ICF Jones & Stokes, Inc. - Mitigation S 224th St Project - 06/01/2015 i ecords M e me KENT Document` WASH INGTON 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: CC�VL�Si S�vVC.e 5 IV1( Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: M a� j � Of Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract Other: CoffiU ltcmt `V,"1 U Contract Effective Date: I ISM" Termination Date: ` )1 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: - tV15 Department: ) 1N Contract Amount: Approval Authority: ❑ Department Director VMayor pCit Council pp y PY Detail: (i.e. address, location, parcel number, tax id, etc.): adccW 10877_8_14 AGREEMENT00 KENT CONSULTANT SERVICES between t ''he City of t and 1CF Jones Stokes, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ICF Jones & Stokes, Inc. organized under the I aws of the State of Delaware, located and doing business at 710 Second Ave, I Suite 550, Seattle, WA '98104. Phone: (206) 801'-2800%Fax: (206) 801-2899 Contact: Torrey Luiting (hereinafter the "Consultant"). I. DESCRIPTION OF Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant shall provide a conceptual mitigation plan to the City to support City permitting associated with unavoidable impacts to wetlands as a result of the South 224th Street 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. Consultant shall complete the work described in Section I by May 31, 2016; III. COMPENSATION. A. The City shall pay the Consultant, based on time and. materials, an amount not to exceed Thirty Eight Thousand Nine Hundred Six Dollars and forty seven cents ($38,906.4 ), 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 ever$10,000) r ` y 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 small 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 arties intend that an I � p 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 snake 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. TERMINATIONK 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. 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 Cent Equal Employment CONSULTANT SERVICES AGREEMENT- 2 'Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract world, file the attached Compliance Statement. V'II. 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 dama.g.es causes! 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 RC1JU 4.2m.115, then, in the event of liability for damages arising out of bodily injury to persons or ages 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 lu 'y p s the City's legal casts 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. EX. 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. I. 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$1 of000) 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. YI. 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 j practicable. A price preference may be avaii'able for any designated recycled product. B.. Non-Waiver of Breach. The failure of the City to insist upon strict performance of �'JIany 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 sane shall be and remain in 4661 force and effect: C. Resolution of leis utes and Governing Law. This Agreement shail be governedy 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 I' 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 i� ! 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 I! 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 C. 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 v with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT- 4 (over$1 o 000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part ofor 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. ]. 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.'` CONS TANT: CITY OF KE • By: By: (signature) (signature) Trina L.Prince ' tt Cooke n Name: P r t N e: uze e i Print N e Its 'Contracts Administrator s Ma or (title) --� BATE: May 7,2015 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) 801-2800 (telephone) (2531856-5500 (telephone)` (206) 801-2899 (facsimile) (253) 856-6500 (facsimile) APPR VE7DA TO FO NI: i - Kent Law Department [In this field,you may enter the electronic fllepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT= 5 (Over$1or000) 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 question's specifically identify the requirements:the City deems necessary for any contractor, subcontractor or supplies 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 sign' g below, I agree to fulfill the five requirements referenced above. Byifvu d k Inc. ICF Jones & Stokes,. For. , Title: Contracts Administrator Date: May 7, 2015 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KE T ADMINISTIRATIVE 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 o willfully disregards .the City...s nondiscrimination and equal opportunity requirements shall be considered in breach of contrast and subject to suspension or termination for P all or part of the Agreement. {Contract Compliance Officers will be a P ppointed by the Directors of Planning, Parks, and Pub ic Works Departments to assume the following duties for their respective departments. I, 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 F KENT EQUAL EMPLOYMENT T COMPLIANCE T TE E T This fore 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 A regiment known as 9 that was -entered into on the (date), between the firm I represent and the City of Kent. I, I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent "Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By' For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBITA SCOPE OF WORK Conceptual Wetland Mitigation Plan South 220 Street Project City of Kent Public Works Department Statement of Work Per the request of the Clty ofKent Publio Works Department(CITY), ICF TonesA Stokes, Inc, (ICF) has prepared this scope of work;(scope)to:provide a conceptual mitigation plan to the CITY to support CITY permitting associated with unavoidable impacts to wetlands as a result of the South 224th Street Project(Project). j The services to be provided include wetland delineation and preparation of a wetland delineation report for the anticipated wetland creation site(Le.vacant land located just east of 22303 84th Avenue S. between the hotel'and the storage unit),wetland delineation of the anticipated wetland enhancement site(i.e undeveloped parcel#7757800181 east of Highway 167 between 2181h and 212 th Street), development of a conceptual compensatory wetland mitigation plan document and design plans,and associated coordination with the CITY and local,state.,and federal regulatory agencies. This scope describes the Tasks and Sub-Tasks to be accomplished by ICF and summarizes the assumptions and deliverables under each Task. m The scope includes the followin 9Tasks: ■ Task 1:Wetland Delineations, o ■ Task 2:Wetland Mitigation Plan and 65/Q Plans for Permit Submittal ■ Task 3:Project Management and Client Coordination A descri tion of each Task and Sub-Task to be completed p p _ d by ICF under thas.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;bdt shall not exceed the total budget amount of$38,906.47. The workand/or deliverables associated with this scope of work may evolve as the tasks are completed, particularly once site conditions at the potential mitigation sites are determined. _Should the CITY,i dete rnne that a change is warranted,the work to be completed and the deliverables to be developed under this scope of work can be modified if mutually negotiated between the CITY and the ICI= Ta.S I: et. nd Delineations I:.I Wetland!Delineations I; ICF wet[an'd biologists will review available project.information,aerial photography,the:U.S Fish and WildI Service's National Wetland Inventory, City of Kent wetland inventory,the UGSC 7.&Minute quadrangle,'publically accessible aer[a[photos viewable on Goo IeEarth,and the 2011 ESA Wetland Technical Depoft,''to identify potential wetlands and other potentially regulated waters of the U.S.within or adjacent.tg two locations: 1)the approximately 1 acre of vacant land located just east of 22303 84th Avenue S(j,e.the anticipated wetland creation site), and 2)the approximately 3.3 acre emergent Sonion alcsn the western side of the approximately 13-acre undeveloped parcel located north of 218 treet and south f 212th Street, east of 1-lighway 167 in Dent(parcel#7757800181)(i e.the . i; anticipated wetland enhancement'site): 1 �'repared Apra 6,2015 Following completion of this review of background information, ICF will conduct one(1)approximately 12-hour wetland delineation {field time for two[2]wetiand biologists}including both properties. Once the field delineation is complete, ICF will complete the Corps data forms to document the field conditions relative to the field findings and the determination of the presence and condition of jurisdictional wetlands and waters of they U.S.identified within the two sites. ICF will'classify the wetlands based on the on the recently updated.2014 Washington State Wetland Rating System for Westem Washington published by the Washington Department of Ecology and use this information in Task 2 below to describe the functions of the wetlands(if present)under existing conditions and the possible uplift in function which could be accomplished by enhancement or i rehabilitation as a mechanism of compensatory mitigation. i Each site will be evaluated to determine if Its size is sufficient and how it could be designed to provide sufficient area to mitigate direct wetland impacts and buffer impacts from the Project. Mitigation ratios will be basedi on the Corps/Ecology 2006 guidance and be consistent with the Kent Municipal Code Section 11.06.660 Compensating for Welland Impacts: ,assumptions: ■ Delineation is limited to the two sites described herein, as selected by the CITY. ■ The CITY will secure access to each potentially suitable mitigation site,in advance of ICE i conducting,delineation work. ■ One 12 hour day In the field will be sufficient to complete the wetland delineation for the two mitigation sites, including travel and field preparation. ■ 1CF will hang flags along the delineation boundary and at the location of the data plots. The Clwwill have the points professionally surveyed. IC F does not provide professional land surveying services. ■ The CITY will provide topographic data for both sites, or will arrange for topographic survey to be completed in order for ICF to complete Task 2. ■ The CITY will provide a complete project description prior to the field survey. ■ This scope,does not include protocol-ievei specific plant,wildlife,fish,amphibian`or bird surveys,or a tree survey. Deliverable's • Sketch map of wetland delineation flags sent to CITY for professional land survey. - ----- Task -; _ - - - - - --- --- ---- - - _- n Mitigation Plan and % Plans for Permit Submittal 2.2 Preparatioft of l4tlitigatlon Plan Document for Permit Submittal Per the requirements of the Corps and Ecology and the CITY, a Wetland Mitigation Plan document will be prepared,t®describe the mitigation proposed for Project impacts. The mitigation plan document will contain the following information: • Brief summary of the conditions of the impact wetlands(as per the 2011 ESA report). ' Infiormation regarding the impact wetlands and their functions are a necessary component of themiti and gation plan preparation because the Corps ecology require that the specific functions of the impact wetlands be replaced by the mitigation sites. SOmary of existing conditions at each mitigation site, based on results of the delineation and functional assessment completed in Task 1, including existing wetland acreage;wetland 2. Prepared April 6,2015 category;vegetative,faunal, and hydrologic characteristics;soil and substrate conditions; and topographic data. Wetland inventory:maps(Including a copy of the city of Kent wetland inventory map). Type and amount of mitigation proposed at each site(e.g.creation, rehabilitation, enhancement or a combination of these techniques). a Description of clearing,grading,construction,and plant selection and plant schedule at each mitigation site • Proposed performance standards to document development of the mitigation sites and to ensure success of the mitigation. Proposed monitoring frequency,duration, and protocols to document development of the mitigation sites and to ensure success of the mitigation: Up to fourfigures depicting site conditions at the mitigation sites, per the Ecology rafting form requirements,which will document the nature of the wetlands and illustrate the type(s)of mitigation proposed for each site. Deliverables: ■ draft Wetiand Mitigation Plan for CITY review[electronic copy of WORD document for track ' changes] Final Wetland Mitigation Plan[electronic copy of compile PDF for submittal by the CITY] Assumptions: ■ The CITY will provide topographic information for both mitigation sites in format importable Into CAD,either from ground survey or TAR. This information is necessary to prepare the grading plans for each site. ■ The CITY will provide baseline information regarding hydrology of any known wetlands and surface waters located on each of the potentially suitable mitigation sites and any existing information regarding such features,as well as information to indicate the property boundaries Conditions relative to the impact wetlands will not have changed significant since the 2011 ESA Wetland Technical Report—information regarding the impact wetlands and their functions are a necessary component of the mitigation plan preparation because the Corps and Ecology require that the seci p tic functions of the impact wetlands be'replaced by the mitigation sites. ■ Wetland impacts will be determined as per the CiTY's JARPA application;to be provided to ICF by the CITY. ® Anew Wetland Technical Report addressing the impact wetlands for theZ4tn Street project is not included in this ICF scope. One-round of-ClT`YY-review;and-consolidated-cof'iment,,. ..._. - , s.fr..one.the,C.l'.lYMil._beprpv�ded.to ICF. Suggested changes to the text of the:Mitigation Plan will be submitted to ICF electronically in track changes in the WORD,document. A CITY will submit the Final Mitigation Plan to the Corps and Ecology and to the rent planning department as part of the projects permit application. 2.2: Preparation of 66% Plans for hermit Submittal ICF will prepare draft plans equivalent to a 65%design submittal for the twozelected mitigation sites. The 65%plans will be consistent with the Mitigation Plan documentation completed in Task 2.1.The 65%plans will include plan drawings, cross sections, and project details at a 65%level of completion, suitable for permit'submittal ICF will prepare mitigation plan drawings that: ■ Will include plan view and cross sections indicating areas of excavation,fill and planting. 3 Prepared April 6, Q1b Will include estimated quantities of excavation andlor fill. ■ Will.include a plant list,including quantities and typical planting detail. Include site preparation, grading,erosion control,planting, and irrigation for each of the two mitigation sites,• Are consistent with the overall,project standards for drawrings and details, Have a drawing scale appropriate to communicate the physical relationships of design elements 1"-=20), Have a sheet scale standardized to 22"x 32"(assumes 19 sheets total);and Are prepared using Autoi Civil 3D software: i i Deliverables: • Electronic PDF copy of the draft 65%plans. The 65% plans will include half-sized drawings,as described above. Electronic PDF copy of the final 65%plans,following receipt and incorporation of CITY review comments. AssumP tldns. The following items will be provided by CITY to aid in the mitigation design: F CITY wil(provide a template for the AutoCAD standards or indicate that ICF should use our internal CAD standards for design. Base'map features will be provided by the CITY, including but not limited to, updated existing topography,all utilities,proposed and'existng site features and roadv�ay improvements,and high resolution digital imagery. Geotechnical reports,including groundwater information as available. ' avaiSite=speclfic hydrology Yand hydraulic reports-if fable. The following:are not included in this scope of work, but can be added subsequently at the appropriate stage of the projects ■ Technical specifications,95%, and 100%Q design, and construction cost estimates will not be prepared under this scope of work because the nature and level of regulatory agency comments and permit``conditions cannot be anticipated at this stage pf the project. Such comments and conditions may require changes to the 65%design. ICF can re p' p technical specifications and c are onstruction cost estimates including unit costs for the CITY upon request,after regulatory agency review has been completed. Task 3: Proj Ot Management and Client Co®r ination _ . ICF shall prepare monthly progress reports identifying workcompleted during theinvoicing period,f _ invoicing period hours, period labor costs, period direct expenses,status of Tasks, and, if Tasks are behind schedule and/or over budget, how the ICF shall address these issues and bring them back into compliance w;(th the contract. The progress reports will also identify any outstanding issues or foreseeable issues that are of concern. ICF project manager, project director, and financial administrative assistant. e contract,scheduling resources, handling team communication{both, t will be responsible far administering:;th internally and With the CITY) responding to requests for information, preparing invoices,tracking budget, and related project management and administrative tasks. This task includes staff time for telephone calls and ernails directlybetween CITY regulatory agency� 9 Y g y staff, and iCF�to,advance the project as needed up to the level indicated in the cost estimate`(up to 6 } hours for the tegulatorjr specialist over the course of the project). 4 Prepared Apri16,2015 Deliverables: ■ Monthly progress reports and invoices and related budget coordination by email or phone. ■ Emalls and meeting motes regarding project status,questions, and decisions. Assumptions: The CITY will lead the permitting process for the Project and will loop ICF into discussions with the regulatory agencies if needed, up to the level of effort indicated in the cost estimate. p. This scope of work will proceed generally according to the below schedule,and will last no more than 12 months(April,2O15 through April 2016). 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 This scope does not'include field verification with the Corps, Ecology,WDFW,or City of Dent Planning Department. This scope does not include preparing any permit applications or obtaining any permits. This scope of work does not include Washington State Environmental Quality Act(SEPA) documentation or preparation of local permit application materials beyond the Wetland Technical Report and Mitigation'Plan documents for the mitigation areas. Schedule ICF would begin work as soon as the signed contract is received(anticipated by end of April 2016)and extend through the submittal of reports 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, project design,agency concerns] may result in any unanticipated delays in the timeline presented here and a potential for increased costs. Task Anticipated Schedule Task -•VNetland- _..-April..and ay:2015 _ ---------- Delineations The Wetland Delineation will be completed within approximately 30 days of sighed contract Task 2 Wetland Mitigation June and July 2015 Plan and 65%Design for Permit Submittal The draft Mitigation Plan will be completed within approximately 60 days of completion of the wetland delineation. Task 4 Project Ongoing Management and Client Coordination Prepared April 6,2015 i i Table 1."CostEstlmatsfor City of Kent South 224th Street Wetland Mitigation Plan I Praporod byTtatt M tl/61Z015,based an t2ty rwpast to reduce ?rodwManwaff Emph"Noma eoncnrty.0 LudlpgV ftleaskyhA EdellT ArtgiarA Lardtit Project Reguislory Welland Resknation Reatosadon Landscape 9aandat P+*dRalD MarAvor speclalm 6blogtst Ecologist Dealgrsrr Archhed admUi Asaoa — fiaats taBarClrsaMaatlan>SCanarAttli ConetB BrGansuftll SPOonsdGt CansaRO Direct Sreonsuitt: subtotal Eats Pub Spas AdmiaTech Subtotal LaborTotel "m Total Pdw r falddatinaa dadataeohe flaattonsto food WeTesk2. S;8 Tdr9isl:�NaU m•.t'�f8 'PalTrt�5 $ ¢ s' � '0: .. '*" 77. so ..,...:........� R".n... ... .e. ,.,i YYlrwi iYY,rr• .Wuy..,.•,,,,N• ., _ ;...711 &" A ask2l metionolM�st�nPknlOeoumaot 2 4 26 55 4D $i 846 ,S0 Tisk22� ot6816 PtanSbsats rw« a •,-- 6 II4 0O 1 8x3 a ---- �' 6 - ° mo etmeas ma eoordlneHaavofho�nt .,�. _ .i.,_. .�. .:w OW boom 18 54 20 70 i00 32 ..�....,. .�.._. $ 8 0 Dimd$dery2D15 448.76. $48,2$ :Nu a: z6 $28 B7 6911,21 $9774 340.19 MOD 809 Rate=Dkeot6al xt=3EftdivaMula br 4156,10 $154.49 $135.70 SIM44 886.34 $126,52 MUM $125,69 $121.65 SubOofafs $2,487.53: $9,087.66" $2;714.DB 'AB` 8.01 SB WI $4,01&74 i58B1 $BBB.64 Si " 02M $2=71 $311,S 4:85 Directexperwas � a3EqutpmatdRaaht- 523.057towl,Auto tadd.Mfle a st aarrent RS role.37ShnAa ens tfatd vtatt�rdeRneaOan ed# toe a snlias lolet $21.85 DlreCt araasubtodd Total price, $21:85 Da6epzmkd4!6IID7S 3r13PM Appra►mlbyPlmose(slr) Kee,4C3a04D113_6iD6]5(olieof)xls I ; 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. MIMMUM,Scope of.insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, - hired and eased 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. Comme rcial cial General Liability insurance shall be written on IS® occurrence form CG 00 01 and shall cover Liability arising from premises, operations, independent contractors, products-completed opera tians ersa nal in. , p Jury and advertising injury, and liability assumed under an insured contract.' The City shall be named as an insured under Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using C additional insured endorsement CG 20 10 1185 or a CIS. 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. 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. , ., Commercial General Liability insurance shall be written with limits'' 2 no less than $�1.,000,000 each occurrence, $2,000,000general 'r (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liabilitv insurance shall be written with limits no less than $1,000,000. per claim and $1,000,000 policy aggregate limit. �. Other InsuranceProvisions : 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 cancelledby 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 reserves the rig ht to receive a certified City g 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: VerAficklon 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 Contractor before commencement of the work. Fr 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 aR of the same insurance requirements as stated'herein for the Consultant. ACO® CERTIFICATE C RT ^ DATE(MM/DDM(YY) �- ` IF ICATE OF LABILITY INSURANCE 05/15/2015 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 2 certificate holder in lieu of such endorsement(s). ' PRODUCER CONTACT Aon Risk services Northeast, Inca NAME: _ New York NY Office (arc No.Ext): (866) 283-7122 ac.No : (800) 363-0105 2 199 water Street E-MAIL p New York NY 10038-3551 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Great Northern Insurance Co. 20303 ICF:Jones & stokes, Inc. INSURERB: Sentry Ins A Mutual Company 24988 9300 Lee Highway Fairfax VA 22031-1207 USA INSURERC: AXIS surplus Insurance company 26620 INSURER D: INSURER E.- INSURER F: COVERAGES CERTIFICATE NUMBER:570057712766 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTED 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 BEISSUED 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 NSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE"OF INSURANCE iNSD WVD PO Y NUMBER MMIDDIYYYY MM/DDfYYYY A X COMMERCIAL GENERAL LIABILITY 3581 40 EACH OCCURRENCE $1,000„000 CLAIMS-MADE FXJ OCCUR Package - Domestic DAMAGE TORENTEDI 0 PREM SES I Ea occ un•ence 100000 , X Contractual Liability MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 co GEN'LAGGREGATELIMITAPPLIESPER- GENERAL AGGREGATE $2„000,000 T PRO- POLICY ❑JECT LOC PRO DUCTS-COMP/OPAGG $2,000,000 LJO OTHER: r' p A AUTOMOBILE LIABILITY 7352-29-55 06/25/2014 06/25/2015 COMBINED SINGLE LIMIT `n Automobile All states Ea accident $l,000,000 X ANYAUTO BODILY INJURY(!,Per person) O ALL OWNED SCHEDULED Z BODILY INJURY(Per accident) df AUTOS AUTOS �+ X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE v AUTOS Per accident �e= d UMBRELLA LIAB 1 OCCUR EACH OCCURRENCE V EXCESS LIAB" CLAIMS-MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND 1 90-17657-01 06/25/2014 06/25/2015 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY YrN Workers Comp ER ANY PROPRIETOR/PARTNER/EXECUTIVE $1,000,000 OFFICER/MEMBEREXCLUDED? -1 NIA 90-17657-02 06/25/2014 06/25/2015 E.L.EACH ACCIDENT (Mandatory in NH) Workers"Comp E.L.DISEASE-EA EMPLOYEE $1,000,000 it yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT' $1,000,000- C E&0-M _PL-Primary EBZ768043/01/2014 06/25/2014 06/25/2015 Prof Liab A 11 $1,000,000— Errors & Omissions Overall policy aggro _$1,000,000 1 DESCRIPTION OF OPERATIONS/LOCATIONS r VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) l - Professional Liability !is a Claims Made policy. There is no Additional Insured status on the Professional Liability coverage. 2 - The City of Kent is included as an Additional Insured as respects General and Automobile Liability. - 3 —Subject to the standard terms and conditions of the individual policies, the indicated-coverage is,primary but only as respect work being done by ICF Jones & stokes, Inc. for the City of Kent. AR V. CERTIFICATE HOLDER CANCELLATION ---WE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE APO EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Kent AUTHORIZED REPRESENTATIVE I 400 West Gowe Kent, WA 98032.USA ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD 4 POLICY NUMBER: 7352-29-55 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED j This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage by this endorsement,the provisions of the Coverage form apply unless modified by this endorsement.'' This endorsement identifies person(s)or organization(s)who are"insureds"under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 4/30/15 Countersigned By: � Named.Insured: ICF JONES&ST4KES,INC." harf2ad tevsue�t�ti� SCHEDULE Name of Person(s)or Organization(s) "_Any person or organization as required by an insured contract" V City of Kent (if no entry appears above. Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an"insured"for Liability Coverage,but only to the extent that person or organization qualifies an'Insured"under the Who is An Insured Provision contained In Section 11 of the Coverage Form. CA 20 48 02 99 Cap tight.IRSLU M"Servio"Offim inc,,tee pup I i Liability Insurance Endorsement Policy Period JUNE 25,2014 TO JUKE 25,2015 Effective Date APRIL 30,2015 Policy Number 3581-24-09 EUC Insured ICF INTERNATIONAL INC. ICF JONES&STOKES,INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued MAY 15,2015 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are Scheduled Person obligated pursuant to a contractor agreement to provide them with such insurance as is afforded by Or Organization this policy. However,the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization,to be afforded i status as an insured; for activities that did not occur,in whole or in part,before the execution of the contractor agreement;and • with respect to damages,loss,cost or-expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a contract or agreement.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. Liability Insurance Additional n � Pety)59r Organization continued Form 80-02-2367(Rev.5-07) Endorsement Page 1 L Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other.lnsurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance-Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant,to a contract or agreement,to provide with such insurance as is afforded by this policy. City of Kent All other terms and conditions remain unchanged. Authorized Representative �J Liability Insurance Additional lnr&f Lt:,YLLeA Pqr Organization last page Form 80-02-2367(Rev.5-07) Endorsement page 2 !REQUEST FOR MAYOR"S S SI GNATURE U RE I! • Print on Cherry-Colored Paper KENT W A 5 H.I NGJTO N Routing Information,(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DE A THE Approv by a or it Originator:Garrett Inouye Phone (Originator): (253) 6- Date Sent: 5/28/15 Date Required:6/4/15 Return Signed Document to:Gemini Davis`' Contract Termination Date: 5/ 1 1 VENDORDate Finance Notified: NAME. ICF Jones & Stokes Inc. (Only required on contracts 4/1 /15 10 000 and over or on an Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:N/A 4/20/15 (Required on Non-CityStandard Contract /A r ements Has this Document been Specifically Account Number: R90094 7 et. YES! , NO ' Authorized in the Bud µ, Brief Explanation of Document: ICF Jones &Stokes, Inc. shall provide a conceptual mitigation plan to the city of Kent to support city permitting associated with unavoidable impacts to the wetlands as a result of the South22 th Street Project. I, I All Contracts Must Be Routed Through The Law Department i (This area to a Yomtp;Vby the Law Department) Received: M t\V r, ? , Approval of Law Dept.: Law Dept. Comments: KENT LAW DEPT. Date Forwarded to Mayor: �J Shaded Areas To Be Completed By Administration Staff Received. r f ..,.'.. R ecommendations and Comrents , l 2 I i t.f. tiii7 mT s i ..Y. Dis" ositon P ; € !�E A 8! . r t �#_o Vim` t 4f U.:.. kc Date Returned may? P:\CivillForms\Document ProcessinglRequest for Mayor's Signature:docx '� I d O i 'I