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HomeMy WebLinkAboutPW15-197 - Amendment - #3 - ICF Jones & Stokes, Inc. - Mitigation S 224th St Project - 11/29/2016 vt Records KEN"1" . € Document�` WNSHINOTONh, y ,�i spa Hfr 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: PW15-197-004 This is assigned by City Clerk's Office Project Name: Mitigation S 224th St Project Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Amendment No 3 Contract Effective Date: 11/29/2016 Termination Date: 12/31/2017 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: M.Madfai Department: Public Works Contract Amount: Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Time extension As of: 08/27/14 h I KIENT ,AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: ICF Jones &Stokes, Inc. CONTRACT NAME & PROJECT NUMBER: S. 224" St. Proiect ORIGINAL AGREEMENT DATE: June 1, 2015 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows; 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide coordination services and water surface elevation services in support of the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows; Original Contract Sum, $38,906.47 including applicable WSST _ Net Change by Previous Amendments $8,408.94 including applicable WSST Current Contract Amount $47,315A1 including all previous amendments Current Amendment Sum $7,132.84 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $54,448.25 AMENDMENT - 1 OF 2 C. Original Time for Completion 5/31/16 (insert date) Revised Time for Completion under 12/31/16 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion �12111117 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (If any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY t� KENT B -'" (, _ BY y (si nature) (s nature) Trina L. �rince Print Name:_Timoth 7 LaPorte. P.E. Print Name: y Its Contracts Administrator Its Public Works Director title / (title) DATE: November 1(8, 2�16 DATE: 7 � APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department ICF]ones&Stuk. 221"NMC 3A/inauye AMENDMENT - 2 OF 2 r-- EXHIBIT A SCOPF OF WORK Amendment#3— Coordination and Data Collection to Support Conceptual Wetland Mitigation Plan South 224th Street Project City of Kent Public Works 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 continue to provide coordination services and to provide water surface elevation services in support of the CITY's South 2240' Street Project (Project).This amendment is necessary because the number of iterations of site design considered by the CITY, the extent, nature, and duration of coordination regarding the comments and response to comments from the Corps and Muckleshoot Indian Tribe made at the request of the CITY have depleted the budget originally intended to include completion of the conceptual mitigation plan and preparation of 65% plans for permit submittal. This amendment also extends the period of performance from December 31, 2016 to December 31, 2017. The services to be provided in this amendment include finalization of the HMMP (habitat mitigation and monitoring plan)for the CITY's South 2241" Street Project, to continue to provide coordination with the CITY and local, state; and federal regulatory agencies at the City's request, and to collect and compile water surface elevation data to be used during the preparation of PS&E design of the mitigation site. This scope describes the Tasks to be accomplished by ICF and summarizes the assumptions and deliverables under each Task. This amendment includes additional staff time distributed to the following Tasks: Task 2: Wetland Mitigation Plan e Task 3: Project Management and Coordination A description of each Task to be completed by ICF underthis amendment is presented below. This project will continue to be billed monthly on a time and materials, not to exceed basis. Budget may be shifted between tasks. The total amendment amount of$7,132.84 will be added to the previously contracted budget of $47,315.41,for an amended, not to exceed the total budget amount of$54,448.25. 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, the anticipated project schedule, and the deliverables to be developed under this scope of work can be modified if mutually negotiated between the CITY and ICF. Task 2: Wetland Mitigation Plan 2.1 Preparation of Mitigation Plan Document for Permit submittal Under this amendment, ICF would complete incorporation of comments received from the Corps and Muckleshoot Indian Tribe, and the direction of the CITY into the previously completed HMMP for the Hytek mitigation site (northern parcel). These changes center on establishment of an 80 foot buffer fully enclosing the mitigation site,justification for use of permittee responsible mitigation, and additional r Amendment of October 2016 details and changes to the performance standards requested by the Corps and Muckleshoot tribal representative. Dellvera bias-ICF will finalize the document and provide the compiled PDF to the CITY for transmittal to the Corps in October 2016. Assumptions: No more than 8 hours will be required for any additional revisions to the HMMP requested by the Corps and or CITY over and above those already incorporated into the Final October 2016. 2.2; Preparation of 66% Plans for Permit Submittal—Water Surface Elevation Data Collection In order to support the mitigation site design, ICF Installed three continuous recording surface water elevation gages in existing wells on the Hytek site in spring 2016. Under the scope of work, ICF would retrieve the data from these gages twice and compile the data in order to ultimately refine the grading and planting design for the mitigation site to create a grading plan consistent with the HMMP goals and objections. ICF would ultimately use the water surface elevation data (or supply to the CITY) to determine finish grade elevations and elevation of wetland outlet (if appropriate) in the mitigation project PS&E(when contracted). Dellverables -no separate amendment specific deliverables; data will ultimately be incorporated into the mitigation project PS&E (when contracted). Assumptions: The CITY will arrange property access prior to ICF collecting the gage data. Site conditions will be such that two staff can collect the gage data in November 2016 and reset the gages for continued collection over the winter of 2016 within 6 hours, including travel. Gages will be permanently collected by ICF staff at the end of May 2017 during one final site visit of not more than 6 hours, including travel. Task 3: Project Management and Client Coordination Under this amendment, ICF will conduct coordination in person or over the phone regarding the proposed mitigation design with the Corps, Ecology, and/or Kent planning department at the request of the CITY up to the level of effort indicated in the cost estimate (up to 8 hours for the regulatory specialist over the course of the amended period of performance). This amendment also includes additional project management time to allow for continued coordination with the CITY and monthly budget tracking and invoicing, consistent with the duration of this phase of the project spanning 7 additional months (through May 2017) for the project manager and financial assistant, but with active project work(response to comments, data collection)expected to be accomplished over mainly three months(November and December 2016 and May 2017), Deliverables: Emaiis and meeting notes regarding project status, questions, and decisions. Assumptions: The CITY will lead the permitting process for the Project and will loop ICF into discussions with the regulatory agencies if needed, up to the level of effort indicated in the cost estimate k This scope of work will proceed generally according to the below schedule, and will span across no more than 7 additional months (through May 2017). 2 Amendment of October 2016 k= i I I a This scope does not include preparing any permit applications or obtaining any permits. • This scope of work does not Include Washington State Environmental Quality Act(SEPA) documentation or preparation of local permit application materials beyond the Mitigation Plan submitted to the Corps by the CITY in October 2016, Schedule Schedule extension due to unanticipated delays out of lCF control[e.g. contracting, project design, agency concerns] may result in any unanticipated delays in the anticipated trajectory of the project and creates a potential for increased costs. 1CF Will inform the CITY if such a situation is developing and will work with the CITY to address the issue. I 3 Amendment of October 2016 f' Table 1. Amendment 3 Cost Estimate for City of Kent South 224th Street Wetland Mitigation Plan ProdudlPn Stxlt Padilla Emgoyae Name Wifty R"rrrI elemey M. FepllaWy WeOaM Wdlwd Snanelel _ !-]y�PIROk spsclalbl B1010g151 W.9151 rdmlir gvocl risk Labor C1ea5f COM W19 COMU Analysl Mng Dan,R Subl0lal Adndn Tech Smrr l Lelwrl'01a1 Fvr,-es Tolgl Price Tsk2 W051and MIOgdion Plan lore rmit9ubmltC1 ,; _ i 1,, .,, SD 50 ,. 50 55,1^v0 5rel¢o antl PlOducR(Nt2058 HMMP Plus Btlou slot eiyatldiCnnat adks„ 14� t. _ �2118.. walersWface e9vd11_n Qage data collecYvn fa12018 end s�tlnQ aol] ., ., . B m 51,e48 ., , ,., 50 .,_$1946 wola m(a a elsvaOPn data w P Ilan to M: nn I PS&C,aradlnp,,, .. 1 01 2 51 Q41, Sd 51,091 ._. . 1 .. 7askJ P�ojed 1,!xn g eP( nd ePPrdlnQeon „_ 1 t- 50 - 30 'SO FLa43 ...._ - .... 1 r. ...�....... ... .. ....�.�„. . . � .. —......_.5.1.2r� ......... .,4 ..... .. 5'704 3 orAh IP I 1 n a0l mler]mdnN sped o[mmelni (asps 3. 5458 y",,,..........__.._..... TPW hPUla 25 55 10 2 Diroc(SNxry2015 S98Y $2885 $41.12 $30A0 41iinq Rato Dirm 25MA2 x32013E ONO WHIP11w 5154,48 582.33 $1e 1% $121.55 Sabtclals $3,862.37 S1.477.12 S1,SM45 $6484854 $24330 S243.30 SL091.84 Dlmcl aepensas ' 623.05 TO—Iti a10.1101 MdeagO al cUrrenllflS tale(.Ftlmlls) _„ ,_-- $41.Da SAL00 Direct er ,0nse suMrnal _._.. 51.13 84 TPlal Pace _ Dnlcpmnedn/1Ps016 4:36W Aj,Ovedby Finmm I eh j xen�haendin(3_52245�COai 110216(d10M) DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE IDBze)2D16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les) 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 IG this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d CONTACT PRODUCER NAME: ADS Risk services Northeast, Inc. ONE (S6G) 283-7122 FAX (800) 363-0105 9 New York NY Office INC.No.Exq; INC.Na.): 199 Water Street E-MAIL D New York NY 10039-3551 USA ADDRESS: _ INSVRER(S)AFFORDING COVERAGE NAIL N INSURED INSURER A: Great Northern Insurance Co. 20303 ICE Tones & Stokes, Inc. INSURER& Pacific Indemnity CO 20346 9300 Lee Highway lNsuRERG Eederal Insurance Company 20291 Fairfax, VA 22031 USA INSURER D: AXIS Surplus InSUrdnC2 company 26620 INSURER E: INSURER P: COVERAGES CERTIFICATE NUMBER:570062801934 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested TOIR LTR TYPE OF INSURANCE INSD WVD AS.,TJITR POLICY M1'UMBER MMIDDIYYYY MMmIxYYYY LIMITS A % COMMERCIAL GENERAL LIABILITY S 1- 4- EACHOCCURRENCE 11,000,000 Package - Domestic DAIJAGETO $1,000,000 CLAIMS-MADE X❑OCCUR PREMISES Ea o.J,Mrn, MED EXP(Anyone person) $10,000 % Comraceial Liability PERSONAL ADV INJURY 11,000,000 m GENERAL AGGREGATE $2.000,000 m GEN'L AGGREGATE LIMIT APPLIES PER: m ( POLICY ❑PRO-ECT ❑X LOG PRODUCTS-COMPIOP AGO $2,000,000 OTHER: H A 7352-29-SS 07/01/201607/01/2017 COMBINED SINGLE LIMIT S1,000,000 AUTOMOBILE LIABILITY Ea accident .. Automobile All States BODILYINJURY(Par X ANY AUTO Z OWNED SCHEDULED BODILY INJURY(P.,awwi r) Y AUTOS ONLY AUTOS PROPERTY DAAMGE u g HIREOAUTOS X H.OWNED Per accdent M- ONLY AUTOS ONLY 'C N 9363-00-18 D7/O1/2D1G 07/01/2017 EACH OCCURRENCE E1,000,000 O L % UMBRELLA UA0 X OCCUR '.. Umbrella Liability AGGREGATE S1,000,00C EXCESS LIAR CLAIMS-MADE '.. DED RETENTION B WORKERS COMPENSATION AND 7175-43-37 06/25/201'a 07/01/2017 X STATUTE ERH E MPLOYERS'LIABILITY YIN workers Comp E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR I PARTNER I EXECUTIVE N NIA OFFICERIMEMBER EXCLUDED? EL.DISEAOE-EA EMPLOYEE $1,000,000 (Mandatory In NH) If ye s,descnbe under E.L.DISEASE-POLICY LIMIT $1,000,000_ DESCRIPTION OF OPERATIONS below D E&o-MPL-Fri mart' EBZ761043/Ol/2016 07/01/2016 07/Ol/2017 Each claim 82,000,000 Errors & omissions overall policy a9gry 82,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ADDED 101,Addillonal Remarks schedule,maybe-Hnached it more space is requlredl Re: S. 224th Street Project. P 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. 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 WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City Of Kent AUTHORIZED REPRESENTATIVE ( 220 Fourth Avenue South Kent WA 98032 USA _ // cc/GG2 .D e//iLf ✓ " ©1989-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 5700000242S6 LOG#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. ICF Tones & stakes, Inc. PCLCY NUMBER See Certificate Number: 570062901934 CARRIER NAIC CODE See Certificate Number: 57D062801934 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Addnlooal Dezcdplion or Cpemtions I LocaFlons I VeMdes: non-contributory but only as respects work being done by ICE Tones & 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) O ZOOS ACORD CORPORATION,All rights reserved. The ACORD name and logo are registered marks of ACORD I POLICY NUMBER 7352-29-55 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURE This endorsement modifies Insurance provided under the f09ow ng: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM rhlth respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizadon(s) who are Insureds"under the Who is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided In the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 7/1/16 CounterpQed By: Named Insured: ICF International,Inc, ICF Jones &Stokes,Inc, Authorized Re resentative SCHEDULE Nacre of Person(s) or Organization(s): "ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT" . City of Kent I (If no entry appears above, information required to complete this endorsement will be shown in the Declarallons 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 K of the Coverage Form CA 20 48 02 99 Copyright,Insurance Services Office, Inc. 1998 Page 1 of 1 0 Liability Insurance Endorsement Policy Period JULY 1,2016 TO JULY 1,2017 Effective Date JULY 1,2016 Policy Number 1581-24-09 FUC Insured ICE INTERNATIONAL INC. ICP.TONES&STOKES,INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued JUNE 24,2016 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is Au lnsrre., .thefollow .. r. .- d, ping prov rsi on rs 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 obligatedpursuant to a contractor agreement to provide their)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 Schcdulc; • to the extent such contractor agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,inwhole or in part,before the execution of the contractor agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is snore specifically identified alder any otherprovision of the Who Is An Insured section(rcgardlcss of any limitation applicable thereto). • with respect to any assumption of liability(ofanotlrer person or organization)by them in a contract or agrezment.This limitation does not apply to the liabilityfor 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 contractor agreement. LiabiWy Insurance Addifiona(Inae Cam;-a.;.:a Pr'4...Q:Organization continued Form 80-02-2367(Rev-6-07) Endorsement Page 1 i 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 contractor 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 Ihisinsurance is primary and we will not seek contibutionfrom insuranceavailabte 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 snob insurance as is afforded by this policy. 7'he City of Kent Authorized Representative I I Liability Insurance Additional lnReteYeriCe PCopy,orgenization last page Form 80-02-2W(Rev.5-07) Endorsement Page 2