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HomeMy WebLinkAboutPW15-354 - Original - ICF Jones & Stokes, Inc. - S 228th St Union Pacific Grade Separation - 11/04/2015 k � y e r an}�„�.yge e t� KEN Document W AS HI NGTGN 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 Vendor Number: JD Edwards Number Contract Number: NN$"°"p — 2)R This is assigned by City Clerk's Office Project Name: S. 228th St. Union Pacific Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/4/15 Termination Date: 7/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $12,473.26 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare updates to the WSDOT_Environmental Classification Summary for the project. As of; 08/27/14 B KE�Y T° w., ,o 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 1108 111h St., Suite 301, Bellingham, WA 98225, Phone: (360) 255-2920, Contact: Chris Soncarty (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 prepare updates to the WSDOT Environmental Classification Summary (ECS) for the S. 2281h Street Union Pacific Railroad Grade Separation 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 July 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twelve Thousand, Four Hundred Seventy Three Dollars and twenty six cents ($12,473.26), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: R � � By. �I J y _�� Byr n. �' I (signature) °` 4 , s signature) Print Nam :� I nr( fl 6 V I Print Name: Timothy J. LaPorte, P.E. Its: �VL-.Yfl kq) z-tya ice/. Its: Public Works Director DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Soncarty Timothy ]. LaPorte, P.E. ICF Jones & Stokes, Inc. City of Kent 1108 111h St., Suite 301 220 Fourth Avenue South Bellingham, WA 98225 Kent, WA 98032 (360) 255-2920 (telephone) (253) 856-5500 (telephone) 253 856-6500 facsimile ICF]ones&Stokes-22U'"UP Gnde Sep/Madfai CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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. rN By:�aI For: " h9 t`� i 'f"Q Title: Date: c' s9 � C EEO COMPLIANCE DOCUMENTS - 1 I 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work City of Kent Environmental Classification Summary Update South 228o' Street Railroad Grade Separation Project(Union Pacific) INTRODUCTION This Scope of work and budget are for ICF Jones & Stokes to prepare updates to the WSDOT Environmental Classification Summary(ECS)and associated supporting documentation, including the following: Air Quality Memorandum, Cultural/Historic Resources Memorandum, Hazardous and Problem Waste Memorandum,Noise Memorandum, and the ESA Memorandum, The updates to the ESC package are necessary to bring the documentation up-to-date for the proposed overpass at the Union Pacific(UP)railroad crossing. The full ECS package was last updated and submitted to WSDOT in 2009, and thus is more than five years old and must be updated to provide current and accurate documentation of existing and proposed conditions. A limited update to the ECS package was completed in 2011 to address changes in the project that resulted in impacts not previously considered for a few disciplines, such as Wetlands. The updates to the ECS package to be completed as part of this Scope of Work will include the following: • Updated Categorical Exclusion(CE)Form i • Updated Air Quality Memorandum • Updated Cultural/Historic Resources Memorandum • Updated Hazardous and Problem Waste Memorandum • Updated Noise Memorandum • Updated ESA Memorandum SCOPE OF WORK This scope of work includes the following tasks required to update the ECS package. Task 1—Update the CE Form ICF Jones& Stokes' project staff will prepare an updated WSDOT NEPA Categorical Exclusion Documentation Form(CE Form)for the project. The updated CE Form will provide WSDOT with the relevant information regarding specific resources areas and assurance that the potential impacts to those resource areas have been considered and appropriately evaluated based on the most current information available. The updated CE Form will provide updates on the following elements;Air Quality(i.e.,update to reflect current policy guidance and design year traffic I Scope of Work October 8,2015 City of Kent South 228N'Street ECS Update volumes),Cultural/Historic Resources(i.e.,update to reflect that no buildings have come into Historic status since the last update),Hazardous and Problem Waste(i.e.,update with new EDR Report and prepare memo outlining comparison of Hazardous or Problem Waste Sites identified in the new EDR Report with those identified in 2009 EDR Report),Noise (i.e., update per current policy and design year traffic volumes), and the ESA Documentation(i.e., obtain current species lists from USFWS and NMFS and make sure federally protected species or their proposed or designated critical habitat not previously considered do not occur in the project action area). Deliverables: Draft Updated ECS Form, Electronic Copy (City of Kent Review) Final Draft Updated ECS Form.Electronic Copy(WSODT Review), and Final Updated ECS Form. Electronic Copy(WSDOT and FHWA Review and Approval). Task 2—Update Air Quality Memorandum ICF Jones & Stokes will update the Air Quality Memorandum,previously submitted to WSDOT in March 2011 that will address updates to the design year for the project, as well as incorporate the current Metropolitan Transportation Plan(2008). The updates will include a re-run for CO using the new WASIST model, with new traffic volume assumptions(if available) and/or design year updates provided by the City of Kent. The Air Quality Memo updates will be very brief, mostly outlining the results of the WASIST model output and providing context for the results. Deliverables: Draft Updated Air Quality Memorandum. Electronic Copy(City of Kent Review) Final Draft Updated Air Quality Memorandum. Electronic Copy(WSODT Review), and Final Updated Air Quality Memorandum. Electronic Copy(WSDOT and FHWA Review and Approval). Task 3—Update Cultural/Historic Resources Memorandum ICF Jones & Stokes will prepare an updated CulturaYlistoric Resources Memorandum that will document the age of buildings Iocated within the APE(i.e. buildings adjacent to the South 228,h Street project corridor, between 68t"Avenue SE and 7e Avenue SE),to be determined through research. The memo will document the number of buildings evaluated and whether any of these buildings have come into age of potentially being considered historical, or may come into age within the next two years. I C 2 Scope of Work October 8,2015 City of Kent South 2284 Street F,CS Update f Deliverables: Draft Updated Cultural/Historic Resources Memorandum. Electronic Copy(City of Dent Review) Final Draft Updated Cultural/Historic Resources Memorandum. Electronic Copy(WSODT Review), and Final Updated Cultural/Historic Resources Memorandum. Electronic Copy(WSDOT and FHWA Review and Approval). Task 4—Update Hazardous and Problem Waste Memorandum ICF Jones& Stokes will order a new EDR Report from Environmental Data Resources, Inc. The new EDR Report will cover the area extending one mile from the project boundaries. The new EDR Report will be compared to the previous EDR Report, dated Time 2,2009. Should any new hazardous or problem waste sites be discovered,that were not considered previously,these sites will be evaluated and a determination will be made regarding the potential for the project to encounter contaminated soils or groundwater. Deliverables: Draft Updated Hazardous and Problem Waste Memorandum. Electronic Copy(City of Dent Review) Final Draft Updated Hazardous and Problem Waste Memorandum, Electronic Copy(WSODT Review), and Final Updated Hazardous and Problem Waste Memorandum. Electronic Copy(WSDOT and FHWA Review and Approval). Task 5-Update Noise Memorandum ICF Jones & Stokes will prepare an update to the Noise Memorandul previously submitted to WSDOT in September 2009. The updated memo will address changes in how project related noise is evaluated, consistent with current WSDOT/FHWA policy(i.e.,2011 Traffic Noise Policy and Procedures) and will address any changes to the design year traffic volumes and evaluate whether those changes could result in noise impacts to adjacent receptors not considered previously. Deliverables: Draft Updated Noise Memorandum. Electronic Copy(City of Dent Review) Final Draft Updated Noise Memorandum. Electronic Copy(WSODT Review), and Final Updated Noise Memorandum. Electronic Copy(WSDOT and FHWA Review and Approval). Task 6—Update ESA Memorandum ICF Jones & Stokes will obtain new species lists from both the U.S.Fish and Wildlife Service and the National Marine Fisheries Service. The new species lists will be reviewed to ensure that within the previously delineated project action area there are no new federally protected species, or designated or proposed critical habitat not previously considered in the No Effect Letter for the South 2280' Street Project, dated August 2011. If any new federally protected species or designated or proposed critical habitat are identified in the project action area not considered 3 Scope of Work October 8,2015 City of Kent South 228°i StreetECS Update I I i previously, ICF Jones& Stokes will include a brief evaluation of the potential impacts of the project on those species, and make a determination of effect(assumed to be No Effect for this Scope of Worlc). Deliverables: Draft Updated ESA Memorandum. Electronic Copy(City of Kent Review) Final Draft Updated ESA Memorandum, Electronic Copy(WSODT Review), and Final Updated ESA Memorandum. Electronic Copy (WSDOT and FHWA Review and Approval). Task 7—Project Management The ICF Jones & Stokes project manager will manage the project team contract, and billings. Project management activities will include contract management,invoicing/progress reports, budget tracking,record keeping, staff coordination,and coordination with the City's project manager and contracting staff.ICF.Tones & Stokes will prepare progress reports to submit with monthly invoices. Progress reports will summarize the following: accomplishments for the work period,problems or issues encountered, and budget status. Deliverables: Monthly progress reports submitted with invoices. ASSUMPTIONS For the purpose of this scope of work and budget, ICF Jones& Stokes has made the following assumptions: • The Project Description for the South 228th Street UPRR Crossing Overpass Project has not changed since the last ECS Update in August 2011. • The Updated CE Form will only cover those resource areas that will be reviewed to ensure the most current information is provided. These resource areas include Air Quality, Cultural/Historic Resources,Hazardous and Problem Waste,Noise, and BA/EFH Evaluation. Environmental Justice will also be covered,but the City of Kent will be preparing the Updated Environmental Justice Memorandum and will provide the Final Updated Environmental Justice Memorandum to ICF Jones& Stokes for inclusion in the Final ECS Package to be compiled and submitted to WSDOT. • The City of Kent will provide the Environmental Justice (EJ)Memorandum as supporting documentation for the Updated CE Form, The EJ Memorandum will provide an inventory of the businesses located adjacent to South 228rh Street between 68th Avenue SE and 76th Avenue SE,as well as a summary of current school district and EJ Screen data. • The previous Wetland Delineation completed for the project will not be updated as part of this Scope of Work. • No federally protected species or their proposed or designated critical habitat not previously considered in ESA documents for the South 228th Street project occur within the project 4 Scope of Work October 8,2015 City of Kent South 228"Street ECS 1,97dcte k i action area. Should any new federally protected species or their designated critical habitat not previously considered occur within the project action area,it is assumed that the project will result in No Effect to those species and/or their designated or proposed critical habitat. • No additional analysis or supporting documentation beyond that outlined within this Scope of Work-will be requested or required by WSDOT or FHWA based on their review of the Updated CE Forni and updated supporting documentation as outlined in this Scope of Work. • No buildings located within the APE (i.e. buildings adjacent to the South 228a' Street project corridor, between 68'h Avenue SE and 76"'Avenue SE) will have come into the age to be considered historic, and thus require evaluation for possible inclusion on the National Register of Historic Places. • City of Kent will provide traffic volume assumptions and/or design year updates to be used in the WASIST model re-run, for the Air Quality report. ICF Jones & Stokes will complete the above work for an estimated cost of$12,473.00. Costs will be invoiced on a time-and-materials,not-to-exceed basis. Table I provides the anticipated level of effort and estimated budget for each task described above. i 5 Scope of Work October 8,2015 City of Ken!South 22811 Street=Update F2 CL 69 0) c4 Lq IL ...... ........... 04 .......... .....1; 46 4 M . .............q F ElO zll . .1 w r: ROM0;xs EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. i 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. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I. CERTIFICATE OF LIABILITY INSURANCE OATE(MMlOO/YYYY) AC®R® 11/04/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISI, 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 w certificate holder in lieu of such endorsement(s), c PRODUCER CONTACT NAME: V Ann Risk Services Northeast, Inc. PHO (866) 2ft3-7122 FAX (800) 363-010S m New York NY Office (AIC.N. Exg: AIC.No.). .� 199 Water Street E-MAIL z New York NY 10038-3551 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Great Northern Insurance CO. 20303 ICF ]ones & stoles, Inc. INSURER B: Federal insurance company 20281 9300 Lee Highway Fairfax, VA 22031 USA INSURER C: Pacific Indemnity Cc 20346 INSURER o: AXIS surplus Insurance Company 26620 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 57006OD28470 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 INSIR TYPE OF INSURANCE POLICYNUMBER POLICYLIMITS LTR INSD MD MMIDDIYYY) MMIDDM'YY A X COMMERCIALGENERALLIABILITY - - S O o 7 EACH OCCURRENCE $1,000,000 CLAIMSMADE ❑X OCCUR Package - Domestic DAMAGE TO RE T- $1,000,000 PREMISES'Ea occ.a X Canlraotual Liability MED EXP(Any one person) $10,000 PERSONAL&Any INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 To % POLICY E]IRC LOC PRODUCTS-COMPIOP AGO $2,000,060 m 0 OTHER' A AUTOMOBILE LIABILITY 7352-29-55 06/25/201507/01/2016 COMBINED SINGLE LIMIT $1,000,000 m Automobile - All states Eaeceident X ANYAUTO BODILY INJURY(Per person) 0 ALLOWNEO SCHEDULED BODILY INJURY(Per accident) 2 AUTOS AUTOS PROPERTY DAMAGE mj X HIREDAUTOS X NON-OWNED Peraccident -_ AUTOS 1= w I B X UMBRELLA LIAR X OCCUR 9363-00-18 06/25/2015 07/01/2016 EACH OCCURRENCE $1,000,000 O EXCESS LIAR CLAIMS-MADE umbrella Liability AGGREGATE $1,000.000 DELI RETENTION C WORKERS COMPENSATION AND 7175-43-37 06/25/2015 06/25/2016 X PERSTATUTE OTH. EMPLOYERS'LIABILITY YIN workers Comp ER ANY PROPRIETOR I PARMER I EXECUTIVE F.L.EACH ACCIDENT S1,000,000 OFFICERIMEMBER EXCLUDED] NIA (Mandate,in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS babe E.L.DIBEASE-POLCY LIMIT $1,000,000— D E&O-MPL-Primary EBZ768043/01/2015 06/2S/201S 07/01/2016 Each Claim $2,000,000— Errors & Omissions overall policy aggr, $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Re: south 228th street Union Pacific Railroad Grade Separation 1 - 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 under the General Liability policy. 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 POLICY PROVISIONS. t.a City Of Kent AUTHORIZED REPRESENTATIVE Attn: Timothy LaPorte 220 Fourth Avenue South ,(/' i Kent, WA 98032 USA (�f �✓ EaeecJ✓I"�t� �✓na _ II ©1988-2014 ACORD CORPORATION.All rights reserved. III ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000024256 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED NSURED Aon Risk Services Northeast, Inc. ICF Jones & stokes, Inc. POLICY NUMBER See Certificate Number: 570060028470 CARRIER NAIL CODE See Certificate Number: 570060028470 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 Description of Operations/Locatione/vehmlea. 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. ACORD 101 (2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Policy Period JUNE25,2015 TO DULY 1,2016 Effective Date JUKE 25,2015 Policy Number 3581-24-09 EUC Insured ICF INTERNATIONAL INC. JCF.TONES&STOI{ES,INC. Name of Company GREAT NORTHERN INSURANCII,COMPANY Date Issued JUNE 25.2015 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 contract or 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 status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies, No parson or organization is an insured under this provision: • that is more specifically identifledunder 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 Iimitation 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 ol'sucli contractor a,recnncut. Liability Insurance Additional Inn.,, Organization continued Form 80-02-2367(Rev.5-07) Endorsement Page 1 I I i Liability Endorsement (continued) I Under Conditions,the following provision is added to the condition titled Other Insurance, Conditions Other insurance— tf you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primmy 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 ranch person Person Or Organization oi-organization. Schedule persons or organizations that you are obligated, pursuant to a contract or agreement,to provide with such insurance as is afforded by [Iris policy. The City oCKent Authorized Representative Liability Insurance Additional lnfjC llc�,�'€�.K%t;' PE`>CJ�RY f'Organization last page Faun 80-02-2367(Rev.5-07) Endorsement Page 2 POLICYNUMBER (15) 7352-29-55 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURE 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 provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizadon(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 or the policy unless another date is indicated below. Endorsement Effective: 6/25/I S Counter; cc Named Insured: ICF International,Inc, ICF Jones& Stokes,Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): "ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT" . 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 as an "Insured" under the Who Is An Insured Provision contained In Section 11 of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page I of 1 13