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HomeMy WebLinkAboutPW16-209 - Original - ICF Jones & Stokes, Inc. - Wetland Mitigation Plans for Phase 2 of the S 224th St Project - 05/18/2016 /r r �/// /s pow?" a / % / Fr r-, 7777 r c (3 r s � t rrr er AMA.SHINGTCON KENT Document / r 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. f you have questions, please contact City Clerk's Office. Vendor Name: ICF Jones & Stokes, Inc. Vendor Number: JD Edwards Number Contract Number: MR This is assigned by City Clerk's Office Project Name: S. 224t1' St. Project Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract ❑ Other; Contract Effective Date: Date of the Mayors signature Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Lincoln Department: Engineering Contract Amount: 24,0� 34.23 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare wetland mitigation plans and report for the project. Asof� 08/27/14 KENT W.5"I.GTO. CONSULTANT SERVICES AGREEMENT between the City of Kent and ICF Jones & Stokes, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ICF Jones & Stokes, Inc. organized under the laws of the State of Delaware, located and doing business at 710 Second Ave., Suite 550, Seattle, WA 98104, Phone: (206) 801- 2800/Fax: (206) 801-2899, Cohtact: Torrey Lusting (hereinafter the "Consultant"). I. DESCRIPTION 6F WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare wetland mitigation plans and report for Phase 2 of the S. 224"' 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 December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand, Eighty Four Dollars and twenty three cents ($24,084.23), 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 (Over$20,000) 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 Unifled 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 indemnlflcation. 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 CONSULTANTS WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) 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 flies 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. keQyclable Mat rQ lals. 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 Disoutes 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 (Over$20,000) 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 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed In any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received In person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: B • By: (signature) (signature) Print Name: Trina L,Prince "rinam U—Suzette Cooke Its Contra rtsAdMipistratnr AS-1 Ma or (title) DATE: May 11, 2016 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Torrey Luiting Timothy J. LaPorte, P.E. ICF ]ones &Stokes, Inc. City of Kent 710 Second Ave., Suite 550, 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 801-2800 (telephone) (253) 856-55010 (telephone), (206,) 801-2899 (facsimile) (253) 8561-6500 (facsimile) PPR Kent Law Department ICF]ones It Stake$-224"Wetland Mlt/Lholn CONSULTANT SERVICES AGREEMENT 5 (over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding., If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to, the directives outlines, it will be considered a breach of contract and It will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 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 1, the prime contractor, will actively consider hiring and promotion of women and minorities. . S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By. A 0 For: ICIF Jones&Stokes, Inc. Title: Contracts Administrator Date: May 11,2016 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 . CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance OfFcers 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 Wetland Mitigation Plan Phase 2-South 22e Street Project City of Kent Public Worts Department Statement of Work Per the request of the City of Kent Public Works Department(CITY), ICF Jones&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 Phase 2 of the South 2241'Street Project(Phase 2 Project). The services to be provided include preparation of compensatory Wetland Mitigatlon Design Plans and Wetland Mitigation Plan Report for the proposed Hytek wetland enhancement site (i.e. Lot 10 of undeveloped parcel B#3830000030 and Parcel C#3830000070), 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. The scope includes the following Tasks: • Task 1:Wetland Mitigation Plan Report and 30%Concept Mitigation Design Plans ■ Task 2: Project Management and Client and Agency Coordination A description of each Task and Sub-Task to be completed by ICF under this scope is presented below, This project will be billed monthly on a time and materials, not to exceed basis. Budget may be shifted between tasks, but shall not exceed the total budget amount of$24,084. The work and/or deliverables associated with this scope of work may evolve as the tasks are completed. Should the CITY determine 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 ICF. Task 1: Wetland Mitigation Plan Report and 30%Wetiand Mitigation Design Plans for Permit Submittal 1.1 Preparation of Wetland Mitigation Plan Document for Permit Submittal Per the requirements of the Corps and Ecology and the CITY,a Wetland Mitigation Plan document will be prepared to describe the mitigation proposed for Phase 2 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). 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 specific functions of the impact wetlands be replaced by the mitigation sites. • Summary of existing conditions at the mitigation site, based on results of the delineation and functional assessment completed by ICF at the site in August of 2015, Including existing wetland acreage;wetland category;vegetative,faunal,and hydrologic characteristics;soil and substrate conditions; and topographic conditions. • Wetland inventory maps(including a copy of the City of Kent wetland inventory map). • Type and amount of mitigation proposed at the site (i.e. wetland enhancement). Prepared April K 2016 • Description of anticipated clearing,grading,construction, plant selection and plant schedule • Proposed performance standards to document development of the mitigation site and to ensure success of the mitigation. • Proposed monitoring frequency, duration, and protocols to document development of the mitigation site and to ensure success of the mitigation. • Up to four figures depicting site conditions at the mitigation sites, per the Ecology rating form requirements,which will document the nature of the wetland and Illustrate the type(s)of mitigation. • 30% design construction cost estimate for wetland mitigation plan. Deliverables: • Draft Wetland Mitigation Plan document for CITY review[electronic copy of WORD document for track changes] • 30%construction cost estimate included within the draft document ■ Wetland rating form figures Is Final Wetland Mitigation Plan document[electronic copy of compile PDF for submittal by the CITY] i Assumptions: ■ The CITY will provide topographic Information for the mitigation site in format importable Into j CAD, either from ground survey or LIDAR, at the time of notice to proceed or as soon as j possible thereafter. This information is necessary to create the mitigation plan(Task 1.2). • 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 specific functions of the impact wetlands be replaced by the mitigation sites. ■ Conditions at the proposed mitigation site have not changed since the ICF wetland delineation was performed in August of 2015. ■ Wettand impacts will be determined as per the CITY's JARPA application;to be provided to ICF by the CiTY with notice to proceed. ■ A new Wetland Technical Report addressing the impact wetlands for the 224 n Street project Is not included in this ICF scope. ■ One round of CITY review and consolidated comments from the CITY will be provided to the ICF. Suggested changes to the text of the Mitigation Plan will be submitted to ICF electronically In track changes in the WORD document. • CITY will submit the Final Mitigation Plan to the Corps and Ecology and to the Kent planning department as part of the projecf's permit application. 1.2: Preparation of 30% Plans for Permit Submittal ICF will prepare draft plans equivalent to a 30%design submittal for the Phase 2 mitigation site. The 30%plans will be consistent with the Mitigation Plan document completed In Task 1.1.The 30%plans will include plan drawings, cross sections, and project details at a 30% level of completion,suitable for permit submittal. This task also includes retrieval and processing of the water surface elevation gages Installed into the adjacent wetland area(Phase 1 mitigation area)so that wetland hydrology can be determined to the extent possible and that information applied to the mitigation design for the Phase 2 mitigation site. ICF will prepare mitigation plan drawings that will include: 2 Prepared ApwII 14,2016 ■ Site mitigation location and Information • Plan view and cross sections Indicating areas of excavation, fill and planting • Plant list, Including quantities, sizes, and typical planting detail • Site preparation,grading, erosion control, planting, and Irrigation for the mitigation site • Are consistent with the overall project standards for drawings and details • Have a drawing scale appropriate to communicate the physical relationships of design elements (i.e., 1'=20) • Have a sheet scale standardized to I x 17"(assumes M sheets total); and ■ Are prepared using AutoCAD Civil 3D software. Deliverables: ■ Electronic PDF copy of the draft 30%plans. The 30%plans will Include half-sized drawings, as described above. ■ Electronic PDF copy of the final 30%plans,following receipt and incorporation of CITY review comments. Assumptions: The following items will be provided by the CITY to aid in the mitigation design: • ICF will use the CITY provided template for the AutoCAD standards. Base map features will be provided by the CITY, including but not limited to, updated existing surveyed topography and property boundary, location of all known utilities, and existing site features such as limit of forested vegetation ■ Up to two rounds of mitigation design comments on draft designs at the specified site (undeveloped parcels B#3830000030 and C#3830000070) provided by the City.Suggested changes to the plans will be provided on plan sheet mark-ups to ICF. ■ Geotechnical reports, Including groundwater information, if available. ■ Site-specific hydrology and hydraulic reports, if available. Task 2: Project Management and Coordination 2.1 Project management ICF shall prepare monthly progress reports identifying work completed during the invoicing period, 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 with 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 will be responsible for administering the contract, scheduling resources, handling team communication (both intemally 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 emails directly between ICF and the CITY to advance the project, up to the level indicated in the cost estimate. Deliverables: ■ Monthly progress reports and Invoices and related budget coordination by email or phone. 3 Prepared April 14,2016 ■ Emails and meeting notes regarding project status, questions, and decisions. Assumptions: ■ This scope of work will proceed generally according to the below schedule, and will last no more than 12 months(April 2016 through April 2017). • 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, project duration not to exceed 12 months total. 2.2 Client and Agency Coordination ICF will provide client and agency coordination as requested by the CITY to support mitigation site design and permitting for the Phase 2 project, up to the level of effort indicated in the cost estimate. This task is anticipated to Include one meeting with ICF and CITY staff and one meeting with ICF,CITY staff, and the 4041401 permitting agencies.This also includes follow-up correspondence with the CITY and permitting agencies regarding the mitigation design up to the level of effort indicated in the cost estimate. 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. • This scope does not Include field verification with the Corps, Ecology,WDFW, or City of Kent Planning Department. • This scope does not Include preparing any permit applications or obtaining any permits • This scope assumes one meeting with the CITY and one meeting with the permitting agencies. • This scope of work does not include Washington State Environmental Quality Act(SEPA) documentation or preparation of local permit application materials beyond the Wetland Mitigation Plan documents for the mitigation area. Schedule ICF would begin work as soon as the signed contract is received(anticipated by June 6, 2016)and extend through the submittal of documents 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 1-Wetland Mitigation Plan June and July of 2016 Report and 30%Wetland The draft Mitigation Plan Report and Mitgation Design Plans will be Mitigation Design Plans completed wlthin approximately 45 days of receipt of topographic site survey. Task 2-Project Management Ongoing and Client Coordination 4 Prepared April%2M6 g 8 P 3 u = ,CL Calrg � I W w c f� ....{... ; i N N W,OD C4 T OD w ails F CO J2 c ;c mil [ o f nq 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 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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. 0. 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. E I� I I=I C,A►I" FLIABILITY INSURANCE AT � 17t201YYYY, �Cd7�l"2C D5l17l2D1B 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 have ADDITIONAL INSURED provisions or 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 °y certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). r PRODUCER CONTACT ACn Risk services Northeast, Inc. -NAME: PHONE= ((9GG7 283-7122 FAX (800) 363-01.05 t) Ne.W "fork NY Office A/C,No,Ext): AfC..Na.): "L1 199 Water Street E-MAIL ADDRESS: New York NY 10038-3551 USA INSURER(S)AFFORDING COVERAGE NAIL Ti INSURED INSURERA: Great Northern Insurance Co. 20303 ICF )ones & Stokes. Inc. INSURERB; Federal Insurance Company 20281 9300 Lee Highway Fairfax, vA 22031 USA INSURERC: Pacific Indemnity Co 20346 INSURER Ds AXIS Surplus Insurance Company 26620 INSURER E: INSURER Ft COVERAGES CERTIFICATE NUMBER: 570062106853 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13ELOW 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 AODILSUBR POL CY EFF POLICY EXP LTR TYPE.OF INSURANCE INSD WVD POLICY NUM.. ER. MMlDDlYYYY' MMlDDNYYY LIMIITS A % COMMERCIAL GENERALLiABiLrrY _ - EACH.OCCURRENCE $1,000,000 Package - DomesticDAMAGE CLAIMSs MADE occUR PREr usr �r nccarrencey 51w00Q,000 X Contractual Uabiiuty MED EXP(Any are Person) $10,000 PERSONAL 9,ADV INJURY $1,000,000 L GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 a % POLICY �PNo_ F LOC PRODUCTS-CGMMOPAGO S2,000,000JECT . � a OTHER: '.... A AUTOMOBILE LIABILITY 7352-29-55 0612512015 07/01/2016 COMBINED SINGLE LIMIT S110001000'... � Automobile - All States Fa acri& X ANYAUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per ac'Went) w AUTOS ONLY AUTOS PROPERTYDAMAGE. % HIRED AUTO % NON-OWNED 'peracouderal w ONLY AUTOS ONLY tti B 4.13 UMBRELLA EXCESS LFAa CLAIMS-MADE LIAB H OCCUR 9363--00-18 06/25/2.015 07/01/2016 EACH OCCURRENCE $1,000,000 Umbrella Liability AGGREGATE $1.,000,000 RE TENTIONN C WORKERS COMPENSATION AND 7175-43-37 la 25 015 0G 25/201Cr..X..PER STATUTE I OTH EMPLOYERS'LIABILITY YIN Workers Comp - ...... ANY PROPRIETOR I PARTNER I EXECUTIVE N, E.L..EACH ACCIDENT $1,000,000 CFFICERJMEMSER EXCLUOED7 [ N I A (Mandatorym NH) E.L.DISEASE,EA EMPLOYEE .S1,000,000 byes.,descnbe under CESCRIPTION OF OPERATIONS below E.L.DISEASE-PCOCY LIMIT si,000,000. D E&O-MPL-Primary EBz768043/01/2015 06/2572015 07/01A201G Each Claim S2,000,000 Errors. & omissions over-all policy aggre $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schaduile,may be attached if more space Is required) Re: S. 224th Street Project.. 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 and Automobile policies. Y 3 - Subject to the standard terms and conditions of the individual policies, the indicated coverage is primary and CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE,WWI•••.LL BE DELIVERED IN ACCORDANCE VTTH THE POLICY PROVISIONS. The City of Kent AUTHORIZED REPRESENTATIVE 22.0 Fourth Avenue South Kent WA 98032 USA i o @1988.201 S ACORD CORPORATION.All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000024256 AC�RO® LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. ICP Tones & stokes, Inc. POLICY NUMBER see certificate Number: 570062106853 CARRIER 7r7=E_ See Certificate Number: 570062106853 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 Operatians I Locations/Vehicles: non-contributory but only as respects work being done by ICF Jones & stokes, Inc. for the City of Kent. 4 - except with respect to the limits of Insurance, and any rights or duties specifically assigned to the First Named Insured, insurance applies separately to each insured against whom claim is made or "suit" is brought. ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Policy Period JUNE 25,2015 TO JULY 1,2016 Effective Date JUNE 25,2015 Policy Number 3581-24-09 EUC Insured ICF INTERNATIONAL INC. ICF JONES&STOKES,INC. Name of Company GREAT NORTHERN INSURANCE 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 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 Pv^r%,;rOrganization continued Form 80-02-2367(Rev.5-07) Endorsement Page 1 Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— 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. The City of Kent Authorized Representative Liability Insurance Additional lnRe&r'6-6 PcOP—Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2 POLICY NUMBER: (15)7352-29-55 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under (lie following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVE,RAGE FORM With respect to coverage provided by this endorsernetil, (lie provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds" for Covered. Autos Liability Coverage 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. Named Insttred: IC'F INTERNATIONAL, INC, ICF ]ONES & STOKES, INC. Endorsement Effective Date: 6/25/15 SCHEDULE Name Of Person(s) Or Organi7ation(s): CITY OF KENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to theexterit that person or organization qualifies as art "insured" under the Wio Is An Insured provision C011tained in Paragraph A.I. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -- Covered Autos Coverages of(he Auto Dealer,, Coverage Form. CA 20 48 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of 1 !^�� REQUEST FORM YOR'5 SSGNATURE V dry} nnrn swam cuMM�lm n9lna rik �etl . a.M1� L.r '. to NpM[ Sn aRWw IGF,Ion¢s:& S okes, Inc. w unr[ ar.ibu tAvaaavu:: - km ¢a �p Hz'Ea in ens e�f E*Planar f �ocumeu rive euamefa . I ���F�onez Mes repare wetae e peirsann rco[rt ror tne , nn rtmene ✓� . im o:mmm..a cJ� Uti/ � �� uw nn NAI I 'l ebG .��N �'U�V� � :.� k tWwe.emwmav� Jibl��p u . . 'a-T� Corporations: Registration Detail - WA Secretary of State Page I of I 0 Online annual report filing for profit corporations and Ll-Cs will be unavailable from May 25 to June 5. Be sure to file your annual report before that time! Read more... (/corps/BLS-Online-Reporting-Unavailable-May-25-to-luna-��.asx ICFJONES&STORM,INC USI Number 602856944 Category REG Prof-it/Nonprofit PTof1t Active/inactive Active State Of Incorporation DIE WA Fding Date 0:81081200S Expiration Date OW3 t 00 16 Inactive Date Duration perpooM Registered Agent Information Agent Name C T CORPORATION SYSTEM Address 505'UNION AVE SE SUE 120 City OLYNIMA State WA ZIP 98501 Special Address Information Address City State Zip Governing Persons Title Name Address President,Diiectur WASSON,JOHN 9)300 LEE HIGHWAY FAIRFAX,VA 22031 Secretary ROY,MOLLIE D 9300 LEE HIGHWAY FAIRFAX,VA 220,31 Treasurpr MCGOVERN,I ERRANCE 93010 LEE.HIGHWAY FAIRFAX,VA 22031 Vice president HENNESSEY,.BYRON 9300 LEE HIGHWAY FAIR FAX,VA 22031 iittp://www.sos.wa.gov/corps/search—detaii.aspx?Libi=602856944 5/18/2016