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HomeMy WebLinkAboutPW16-334 - Original - ICF Jones & Stokes, Inc. - S 228th St UPRR Grade Separation Stormwater Engineering Services - 08/31/2016 NO Records7,77 KE � F I ' �1 .1{. WASHINGTON °F" $n� Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: ICF Jones & Stokes, Inc. Vendor Number: JD Edwards Number Contract Number: PvvICQ - This is assigned by City Clerk's Office Project Name: S. 228`" St. UPRR Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $61,164.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide stormwater engineering services for the project. As of: 08/27/14 Corporations: Registration Detail - WA Secretary of State Page 1 of 1 ICFJONES&STOKES,INC U91 Number 602856944 Category REG Prorit/Nonprefit :Proflt Active/Inactive Active State Of Incorporation 1 DE WA Filing Date 1 08/08/20), i Expiration Date 6� 1 08/W2017 � I Inactive Date Duration i Registered Agent Information Agent Name C T CORPORATION SYSTEM Address 505 UNION AVE SE STE 120 City OLYMPIA State WA '...ZIP 985010000 Special Address Information Address City State i I Zip III http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602856944 8/30/2016 ICEAI T 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 provide stormwater engineering services for the S. 228'h 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 Sixty One Thousand, One Hundred Sixty Four Dollars ($61,164.00), for the services described In this Agreement, This is the maximum amount to be paid under this Agreement for the work described In Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A, 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 a that portion of the invoice not in dispute, In that event, the parties will immediately P pay i 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) i IV. YNDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations; A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal Income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged In an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of 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. i CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) i IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, Including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any Information supplied by it to Consultant for the purpose of completion of the work under this Agreement, X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City, All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 CONSULTANT SERVICES AGREEMENT -3 (Over$20,000) i dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorney's fees incurred In defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice, All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or j 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: By; (signature) / (signature) Print Name; Tr1naL.Prince _ Print Natkei Suzette Cooke Its Contracts Administrator rIts - Mayor i__— J (title) f f.I / DATE: August 29, 2016 DATE; sl % NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Soncarty Timothy J. LaPorte, P.E. ICF ]ones & Stokes, Inc, City of Kent 1108 1111 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) APPROrD AS TO YORM. Kent Law Department ICF lanes&Stakes-238^UP Grade GeV 30la0lM 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. I have read the attached City of Kent administrative policy number 1.2, 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability, 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer, 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By sign)ng below, I agree to fulfill the five requirements referenced above. For: ICF Jones & Stokes, Inc. Title: Contracts Administrator Date: August 29 2016 I I EEO COMPLIANCE DOCUMENTS - 1 F 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: I� EEO COMPLIANCE DOCUMENTS - 3 III EXHIBIT A SCOPE OF WORK Stormwater Engineering Services South 228th Street Project City of Kent Public Works Department Statement of Work ICF Jones&Stokes, Inc. (ICF) has prepared this scope of work(scope) to provide the City of Kent(CITY)with preliminary site selection/sizing recommendation for the stormwater detention facilities that would best meet the CITYs stormwater detention needs for the Burlington Northern Santa Fe(BNSF)and Union Pacific(UP) Railroad (RR) overpasses on South 228'"Street. This scope describes the Tasks to be accomplished by ICF and summarizes the assumptions and deliverables under each Task. The scope includes the following Tasks: • Task 1: Stormwater Detention Analysis • Task 2: Develop Reasonable Options for Stormwater Detention (BNSF and UP) • Task 3: Stormwater Detention (BNSF and UP)and Treatment(UP) Design • Task 4:Prepare Technical InformationReport • Task 5: Project Management/Administration A description of each 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$61,164.00. The work and/or deliverables associated with this scope of work may evolve as the tasks are completed, particularly once site conditions at the potential mitigation sites are determined. Should the CITY determine that a change is warranted, the work to be completed and the deliverables to be developed under this scope of work may modified through negotiation and mutual agreement between the CITY and ICF. Task 1: Stormwater Detention Analysis CIF will revise the preliminary calculations regarding the required detention volume required for both the BNSF and the UP RR overpasses as presented in the Initial Flow Control Sizing for S. 2281h Street Railroad Grade Separation Draft Memorandum, dated April 4, 2016. The stormwater detention analysis will use the 2002 Kent Surface Water Design Manual(KSWDM),which adopts the 1998 King County Surface Water Design Manual (KCSWDM) and applied to development within the City of Kent. ICF will refer to all applicable stormwater related design and construction standards, design manuals, and Kent regulations/codes. Deliverables: • Draft and Final Flow Control Sizing for South 228`h Street Railroad Grade Separation Memorandum (electronic copy) Assumptions; • CITY to provide consolidated comments to the Draft Flow Control Sizing for South 2281h Street Railroad Grade Separation Memorandum. All conflicting comments will be resolved prior to CITY submitting comments to 1 CF. • CITY to provide graphic or plan sheets that show the existing and new impervious surface area, and topography for all areas to be analyzed, for which volume of stormwater detention is to be provided for both the BNSF and UP RR crossings, • Area of existing and new impervious surface area provided by CITY on March 23. 2016 and presented in the Initial Flow Control Sizing for South 2281h Street Railroad Grade Separation Draft Memorandum Dated March 30, 2016 are current and accurate. CITY will confirm that the existing and new impervious surface area calculations are still current and accurate,or provide revised numbers prior to ICF initiating work on Task 1. 1 Prepared July 15,2016 • CITY will provide ICF with CAD flies of the South 228"Street BNSF and UP overpass projects. The CAD i files are expected to depict the existing and new impervious surface areas, topo, underground and above ground utilities, right-of-Way and adjacent property boundaries associated with both overpass projects. Task 2: Develop Options for Stormwater Detention (BNSF & UP) ICF will coordinate closely with the CITY to develop up to three options for stormwater detention (BNSF and UP) that meet the KSWDM and KCSWDM and all applicable stormwater related design and construction standards, design manuals,and Kent regulations/codes. The three stormwater detention options will focus on underground detention vaults or pipes, and will outline the type,size and locations. At least one option shall include incorporating detention for the property located at/215 & 228rh Into an underground vault or pipe, For each option ICF will document the analysis for type, size and location for underground vaults and develop preliminary design plans and details based on the CITY drafting standards and procedures manual. ICF will develop preliminary cost estimates for each option and outline expected maintenance requirements. Deliverables: • Draft and Final Memorandum documenting evaluation of three stormwater detention options(BNSF and UP)and preliminary cast estimates for each option. Assumptions: • CITY will provide CAD files to ICF for the purposes of delineating drainage areas for the existing and n proposed impervious surface areas associated with the BNSF and UP RR overpasses along South 228 Street. • CITY will provide to or identify for ICF any Special Provisions that must be considered and incorporated Into the Stormwater Detention options, • ICF will be available for up to 4 hours for meetingstconference calls with the CITY, including one project kick-off meeting/conference call, to discuss options to be considered and evaluated. a CITY will provide ICF with consolidated comments on the Draft Memorandum documenting the evaluation ' of three stormwater detention and treatment options and preliminary cost estimates. Conflicting comments will be resolved by CITY prior to submittal of comments to(CF, • The CITY will identify the constraints associated with stormwater detention, such as, but not limited to area available for potential detention and treatment facilities, expected acquisition, construction and maintenance costs. • The CITY will Identify the preferred option for stormwater detention. Task 3: Stormwater Detention (BNSF and UP) and Treatment (UP) Design ICF will develop preliminary design plans and details for the preferred stormwater detention(BNSF and UP) option identified by the CITY, as well as preliminary deslgn plans and details for two Storm Filter devices for storm water treatment. The preliminary design plans and details will be developed in Draft(30%) and Final(60%) levels of detail, allowing one round of review and comment by the City of Kent during the Draft(30%)submittal. The Final (60%)design plans and details will be designed under the responsible charge of a professional engineer licensed In the State of Washington. Deliverables: • Draft (30%) Preliminary Design Plans and details(electronic copy) • Final (60%) Preliminary Design Plans and details(addressing comments received by CITY)(electronte copy) • Draft technical specifications for the final stormwater detention alternative based on 2016 WSDOT Standard Specifications. Assumptions: • CITY to provide consolidated comments to the Draft(30%)design plans and details. All conflicting comments will be resolved prior to CITY submitting comments to ICF. • CITY to prepare final construction plan sheets using the preliminary design plans and details received from ICF. 2 Prepared July 15,207.6 f I • Preliminary design plans and details prepared by ICF will include the conversion of the existing stormwater pond assoclated with the Pacific Power Group property located at 7215 S.228"St. • CITY to.incorporate technical specifications, provided by ICF, into comprehensive specifications, meeting requirements necessary for bid and construction purposes. Task 4: Prepare Technical Information Report ICF will develop a Technical Information Report(TIR)per the City of Kent Surface Water Design Manual (KSWDM).The TIR will include Flow Control,Water Quality Facility Analysis and Design and Conveyance System Analysis and Design. Deliverables: • Draft TIR (electronic copy) • Final TIR (electronic copy) Assumptions: • CITY will provide Geotechnical Report to be used in stormwater facility engineering design. • CITY will provide ICF with any project specific special reports and studies, or reports that may be relevant to the project and that may be included in TIR. • CITY to provide ICF with one set of consolidated comments on the Draft TIR. Conflicting comments will be resolved prior to the CITY submitting comments to ICF. Comments will not require additional analysis or site visits. • ICF will not prepare the Stormwater Pollution Prevention Plan for the project as part of this Scope of Work. • Existing documents prepared by ICF will be used to develop the Critical Areas Analysis Report, required as part of the TIR, per the KSWDM. • The TIR will not include an Off-Site Analysis, Erosion and Sediment Control Analysis, nor will it Include bond quantities,facility summaries, Declaration of Covenant oran Operations and Maintenance Manual for the stormwater facilities. • No field work will be necessary as part of the development of the TIR. Task 5: Project Management/Administration 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. The ICF project manager, project director, and financial administrative assistant will be responsible for administering the contract, scheduling resources, handling team communication (both internally and with the CITY), responding to requests for information, preparing invoices,tracking budget, and related project management and administrative tasks. This task includes up to 8 hours of staff time for telephone calls and emalls directly between the ICF project manager and the CITY. Deliverables: • Monthly progress reports and invoices and related budget coordination by email or phone. Assumptions: • This scope of work will proceed generally according to the below schedule, and will last no more than 12 months (August 2016 through August 2017). 3 Prepared July 15,2016 If I Scope assumes no more than one-half hour per month for the project manager and one-half hour per month for the financial assistant will be required over a 12 month duration to comply with CITY invoicing requirements. Schedule CIF would begin work as soon as the signed contract is received (anticipated by end of August 2016). 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,are outside the control of ICF, and thus create a potential for increased costs. Task Anticipated Schedule Task 1 -Stormwater August-September 2016 Detention Analysis The stormwater detention analysis of up to three options will be completed within approximately 30 days of signed contract. _ Task 2-Develop Options for September-October 2016 Stormwater Detention (BNSF and UP) Up to three options for both stormwater detention and stormwater treatment will be developed within approximately 30 days of completion of the stormwater detention analysis. - Task 3-Stormwater October-November 2016 Detention(BNSF and US) and Treatment(UP) Design Preliminary Plan sheets and details for stormwater detention (BNSF and UP) and treatment will be developed within approximately 30 days of completion of Task 2. The CITY will be responsible for Identifying the preferred option for stormwater detention. Task 4-Prepare Technical November 2016. Information Report The TIR will be developed concurrently with the Plan sheets(Task 3). Task 6-Project Ongoing for duration of contract Management/Administratiori 4 Prepared July 15,2016 ) f \ m ; 7 t5 . { ! / lu §\{\ { . /12 ! ; \ � ` \ � ' ) \ � on — e. \ \ ) \ ) ( ! 2{ §! , / 0 rt0 \ \{/) ) } ) / ( / } t ! $/$/ / ! m $ ! \ / / is EXHIBIT 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. 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, 1. 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; I 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. ( A CERTIFICATE OF LIABILITY INSURANCE DAT061260o1/6 r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ,LOW. 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 t0 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). � PRODUCER CONTACT ADD Risk Services Northeast, Inc. NPHONE AME: New York NY Office INC.No.EXQ; (866) 283-7122 ND 1: (800) 363-0105 v 199 water Street E-MAIL O New York NY 10038-3551 USA ADDRESS: _ INSURER(SI AFFORDING COVERAGE NAICH INSURED INSURERA: Great Northern insurance Co. 20303 TCF Jones $ stokes, Inc. INSURER B: Pacific Indemnity co 20346 9300 Lee Highway Fairfax, VA 22031 USA INSURER C: INSURER Or INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570062800756 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INbK LTR TYPE OF INSURANCE INSD WVD ADDiSUBR POLICY NUMBER MM/DD/YYYY) (MMIDDIYY'(Y LIMITS A X COMMERCIAL GENERAL LIABIDTY 5 - - EACHOCCURRENCE $1,000,000 CLAIMS-MADE ?❑OCCUR Package - Domestic DA GETORE TED $1,000,000 PREMISES Ea occurrence X Contractual LiabAily MED FXP(Any one person) $10,000 PERSONAL 6 ADV INJURY $1,000,000 000 000$2, , 1` GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE o POLICY ❑TE� ❑X LOG PRODUCTS-COMP/OP AGO $2,000,006 re OTHER: WTOMOBILE LIABILITY 7352-29-55 07/01/201607/01/2017 COMBINED SINGLE LIMIT $1,000,000 Automobile - All states JEa accident) X ANYAUTO BODILY INJURY(Par person)' Z OWNED SCHEDULED BODILY INJURY(Per accir l) N AUTOS ONLY AUTOS X HIRED Athos X NON-OWNED Pe�ec tlen DAMAGE ONLY AUTOS ONLY IF: /y C d UMBRELLA LIAR OCCUR f, EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DEDI IRETENTION B WORKERS COMPENSATION AND 7175-43-37 06/25 2016 07 01 2017 X STATUTE EORH EMPLOYERS'LIABILITY YIN Workers Comp ANY PROPRIETOR I PARTNER/EXECUTIVE EL EACH ACCIDENT $1,000,000 OFFICERMEMBER EXCLUDED? NIA (Mandatory in Mn EL DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EJ_DISEASE-POLICY LIMIT $1,000,000—_ DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(ACORD 101,Atldltional Remarks Schedule,maybe attached if more space Is requlretl) Re: South 228th Street UPRR Grade Separation Project 1. The City of Kent is.included as an Additional insured, as its interest may appear as respects the Blanket Additional 2i Insured-Any person or organization as required by contract endorsements attached to the General Liability and Automobile ti Liability policies. 2. subject to the standard terms and conditions of the individual policies, indicated coverage is primary but only as respect ' ` CERTIFICATE HOLDER CANCELLATION �. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE n� Public works Department "I Fourth Avenue south Ken I Kent WA 98032 USA f�lllO 91988.2015 ACORD CORPORATION.All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000024256 LOC#: AC 2®®® �-- ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Ann Risk services Northeast, Inc. ICF Jones & stokes, Inc. 3Y NUMBER ..<e certificate Number: 570062800756 CARRIER NAIC CODE see certificate Number: 570062800756 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 I Locations I Vehicles: work being done by Jones & stokes for the city of Kent. ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are reg littered marks of ACORD I, Liability Insurance Endorsement Policy Period JULY I,201 r,TO IULY 1,2017 Effective Data JULY 1,2016 Policy Number 3591-24-09F1IC Insured ICF INTERNATIONAL INC, ICF JONES,STOKES,INC. Name of Company GREAT NORTHERN INS01tANCE COMPANY I' Date Issued JUNE 24,2016 This Endorsement applies to the following forms: GENFRAL 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 arc Scheduled Person obligatedpursuanl too 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 tile person or organization is described in the Schedule; '`• to the extentsuch contract or agreement requires the person or organization to be afforded slalas 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 f'or injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identifiedunder any odwrprovision of the Who is An Insured section(regardless of any limitation applicable thereto). • With respect to ally assumption of liability(of another person or organization)by them in a contract or agreennent.11his linritationdoes 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 Additionallnne A,e:-e.;.:e Pn,..,o:Organization continued Form 80-02-2367(Rev.5-07) Endorsement Page I i Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Iastuancc. Conditions Other Insurance— 1£you are obligated,pursuant to a contract Oro greement,to provide the person or organization Primary, Noncontributory shown i❑these[led Lilo with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will uol 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. Ilia City of Kant S Authorized Representative Liability lnsutance Additional lnRete-re' nae PClopY'Organlzatlon last page Form W-02-2367(Rev.6-07) Endorsement Page 2 i POLICY NUMBER 7352-29-55 COMMERCIALAUTO 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 orgmizadon(s) who are'Insureds"under the Who Is An Insured Provision of the Coverage Form,This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Endorsement Effective: 7i1i16 Counter ed By: Named Insured: ICF international,Inc. 1CF Jones&Stokes,Inc. Authorized Representative) SCHEDULE Name of Penson(s) or Ofgardzation(s): "ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT" . f city of Gan (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 H of the Coverage Form CA 20 48 02 99 Copyright,Insurance Services Office, Inc. 1998 Page I of 1 13 REQUEST FOR MAYOR'S SIGNATURE TY =u. Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAIN DEPARTMENT) Approved by DirzEto� 'v ` u Originator: Phone {Originator): Mark Madfai 5521 Date Sent: f3/ dt� Date Required: Return Signed Document to: Contract Termination Date: Nancy YDshitake 12/31/16 VENDOR NAME: Date Finance Notified: ®��/� ICF Ones & Stokes, Inc.: (Only required contracts 8 20 000.and over or on an Grant DATE OF COUNCIL APPROVAL: rA Date Risk Manager Notified':N fA (Required on Non-City Standard Contracts/Agreements) Has this Document been Specifically Account Number: R90067 Authorized in the Budget? e YES NO Brief Explanation of Document: The attached agreement with ICF Jones & Stokes is to;provide stormwater engineering services for the S. 228th St. UPRR Grade Separation project. All a nu et d Through The Law Department (Thj3vkrdti,61 &Oc$mpleted by:the Law Depiartment) -' �, '•:' Received: �I Approval of Law Dept.: .e r � tt �' (},�°E i"Ji raw) 4 Law Dept. Comments: •_ v Date Forwarded to;Ma or Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Dlspositidn r°�'� �ra��/�"' .r.�� �c� � �r�yr'r�, �✓� l,� [Date Returned: