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HomeMy WebLinkAboutPW17-155 - Original - ICF Jones & Stokes, Inc. - North Hytek Mitigation - S 216th St - 04/04/2017 ientp-, ecords Maniagefih ,-' K NT Document" v�lm,sNr�icar4Gu DoC r .., ,ce. r t COHT GACT COVER SHEET This its to be completed by the Contract Manager prEov to submission iion to City Clerks Office. All porNi ns are to be completed. Tly 'vou Nava questions, please contact C R, Off.. Vendor Name: 30m5 sto'Kt-) WIC vandlarrNumber: JIB Edwards Dumber Contract Number., i-1 This is assigned by City Clerk's Office Oescript no El Interlocal Agreement El Change Order Q Amendment 0 Contract 'Other; I a ^t, Conteauct E-i fecTiv Date,. Termination natac 1512xI Contvact Renewali HoUce (Bays): Number of clays required notice for termination or renewal or amendment Contract Manager., ( C�(A 11-1 pau°tmeni . C)WI(C c t� - 001 , Contract Amount, L9 1 3 ppr vag Authority; El Department Director l 'Mayor [:]City Council Detail.- (i.e. address, �ocati np parcel number, tract id, tc.)m � r I- It adccWI0877_8_14 KENT WA NINOTOn CONSULTANT SERVICES AGREEMENT between the City of Kent and ICF ]ones & 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, Contact: Trina Prince (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 will provide construction plans and specifications for the north Hytek mitigation site at S 216t" St. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by May 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Thousand, Eight Hundred Eighty Seven Dollars and Sixty One Cents ($50,887.61), 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 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) V . 4 . 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 dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT- 3 (Over$20,000) 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 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: ,L- no--� J� f,�.X yo—k By: (signature) (signature) Print Name: Trina L.Prince-Fisher Pri Nam Sizette Cooke Its, Contracts Administrator it Vayor (title) ✓ DATE: March 22,2017 DATE: �4A' 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Trina Prince Timoty J. LaPorte, P.E. ICF Jones & Stokes City of Kent 710 Second Avenue, Suite 550 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 801-2800, (telephone) (253) 856-5500 (telephone) (206) 801-2899 (facsimHe) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over$2 0,000) 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 I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfil the five requirements referenced above. n � j By: For: ICF Jones&Stokes, Inc. Title: Contracts Administrator Date: March 24,2017 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 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. 1, 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 **ICF February 22, 2017 Garrett Inouye Kent Public Works Department 220 4th Avenue South Kent, WA 98032 Subject: Proposed Contract for South 224th Street, 84th Avenue South to 88th Avenue South, Wetland Mitigation Construction Plans and Specifications Dear Garrett: Per your discussions with your project manager Torrey Luiting, attached is our Scope of Work and cost estimate for a contract to support Kent Public Works Department with creation of construction plans, specifications, and construction cost estimate to complete the required compensatory wetland mitigation at the Hytek site on South 2161h Street as part of the City's South 224th Street project. ICF Jones & Stokes, Inc. (an ICF company, hereafter"ICF") proposes to continue to invoice monthly and to invoice on a time and materials basis, ICF appreciates your continued patronage and looks forward to continuing to provide you with responsive and high quality environmental consulting services. ICF looks forward to negotiating mutually acceptable terms and conditions. Should you have any questions regarding this contract, please contact your project manager, Torrey Luiting, at 206-801-2824 or torrey.luitingaicf.com. Sincerely, ���... •"h"iur�'C_.A Trina L. Prince Contracts Administrator 710 Second Avenue,Suite 550 — Seattle,WA 98104 .-- 206.801.2800 — 206.801.2899 fax — icfi.com -tyke. nor4SCOPE OF WORK Wetland Mitigation at..Hytek Site, Construction Plans and Specifications South 224th Street 84th Avenue South to 88th Avenue South Project City of Kent Public Works Department Statement of Work Per the request from the City of Kent Public Works Department (CITY), ICF Jones & Stokes, Inc. (ICF) j�8s. epared this scope of work(scope)to provide a construction plans and specifications to the CITY —for th Hytek mitigation site at South 216th Street in Kent,Washington. Construction plans and specifications are needed to complete the federal, state, and local compensatory wetland mitigation requirements of the South 2241h Street Project(project). The services to be provided include: completion of project design, development of bid ready construction plans, writing of special provisions (specifications) using the WSDOT/APWA format for bid items not included in the WSDOT/APWA Standard Specifications, development of engineer's construction cost estimate, and associated coordination with the CITY and the Muckleshoot Indian Tribe Fisheries Division (MIT) regarding the project design. 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: Hydrologic and Hydraulic Analysis and 60% Construction Plans • Task 2: 90% Construction Plans, Specifications, and Cost Estimate ■ Task 3: Final Construction Plans, Specifications and Cost Estimate • Task 4: Project Management and Coordination A description of each Task and Sub-Task to be completed by ICF under this scope 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, but shall not exceed the total amendment budget amount of$50,887.61. 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 ICF. Task 1: Hydrologic and Hydraulic Analysis and 60% Construction Plans Task 1.1 Hydrologic and Hydraulic Analysis ICF shall conduct a final retrieval of the water surface elevation gauges and data from the piezometers present in the Hytek site and will analyze the collected data to determine wetland hydrology, specifically the depth,frequency, and fluctuation in surface water within the mitigation area. ICF will assess surface water contributions to the site, but will not develop a comprehensive surface water hydrology model for the site. The outcome of the analysis will be used to identify the extent and depth of grading necessary to achieve approximately 79,000 square feet of emergent wetland conditions in the center of the mitigation site, per the HMMP design. Task 1.2 60% Construction Plans 1 Drafted February 21,2017 ICF will prepare construction plans equivalent to a 60% draft design submittal for the Hytek mitigation site, consistent with the Habitat Mitigation and Monitoring Plan (HMMP) completed October 2016,with modifications February 3, 2017 and as referenced in the Project's NWP 14 authorization letter from the Corps(NWS-2015-530). The 60% plans will build on the conceptual plans presented in the HMMP, and will include sheets detailing the site preparation, grading, and project details at a 60% level of completion for review by the.CITY and the Muckleshoot Indian Tribe Fisheries Division. ICF will use AutoCAD Civil 3D 2016 to prepare construction plans following CITY drafting standards. The sheets will be drafted at full size of 22"x 34" and provided to the City at half size of 11" x 17". ICF assumes the plan set will require 12 total sheets that include but are not limited to: Cover sheet with vicinity map. General notes sheet Summary of quantities sheet Site preparation (temporary access routes, clearing & grubbing, erosion control) Plan view of site and cross sections indicating areas of excavation, fill, and planting. Planting plan that identifies planting areas, plant list, plant quantities, and planting details. Deliverables: • Electronic file of the 60% draft construction plans in PDF format.a+%d AA a CAD a 4brf^ �. Assumptions: ICF assumes the following items will be provided by the CITY to be used for project design: • AutoCAD template file that identifies CITY drafting standards. • Base map of the site in AutoCAD Civil 3D format that shows topography of the existing site, planimetric features, and all utilities. ICF assumes: • One site visit by two restoration designers to retrieve water surface gages. One site visit by the project engineer to verify base map accuracy and to identify any adjustments to proposed grading needed to make the grading conform to the site conditions. One round of review of the submitted plans by the CITY. Comments will be compiled by the CITY and provided in an Excel spreadsheet. One round of review of the submitted plans by the MIT. Comments will be compiled by the CITY into the comment spreadsheet. • To facilitate compressed design schedule, the CITY and the MIT will perform the plan set review and provide comments within one week after ICF delivers the 60% draft plan set. Task 2: 90% Construction Plans, Specifications and Cost Estimate ICF will summarize all comments received from the 60% draft plan set review and explain rationale for any comments not incorporated. ICF will then participate in a conference call or meeting with the CITY (and the MIT if necessary) to discuss comments and responses prior to revising the site design. ICF will advance the plan set to a 90% draft level of completion. ICF will develop a 90% draft set of Special Provisions using the WSDOT/APWA format for bid items that are not included in the WSDOT/APWA Standard Specifications. ICF will only develop Special Provisions for construction work items, and will not develop Special Provisions for contract execution items (generally Division 1 of the Standard Specifications). 2 Drafted February 21,2017 ICF will complete an engineer's construction cost estimate based on actual bid prices for similar items of work on recent and nearby projects. Deliverables: Digital file of the 90% draft construction plans in PDF format.ana Au►iv CAD Jwa -(0rma}, • Digital file of the 90% draft Special Provisions in Microsoft Word format. Digital file of the engineer's construction cost estimate in PDF format. Assumptions: ICF will only prepare Special Provisions as necessary for work items in Divisions 2 through 9. a One round of review of the submitted draft PS&E by the CITY. Comments will be compiled by the CITY and provided in an Excel spreadsheet. To facilitate compressed design schedule, the CITY will perform the draft PS&E review and provide comments within one week after ICF delivers the 90% draft PS&E. Task 3: Final Construction Plans, Specifications, and Cost Estimate As with the previous design/review iteration, ICF will document and store all comments received on the 90% design in a spreadsheet and explain rationale for any comments not incorporated so the decision process can be tracked. ICF will advance the plan set to a final (bid ready) level of completion. Final plan sheets will be stamped and signed by ICF's engineer of record for this project. ICF will advance the set of Special Provisions to a final level of completion. ICF will submit the final Special Provisions in a Microsoft Word document file and the CITY will insert the Special Provisions into the construction contract documents. ICF will finalize the engineer's construction cost estimate. Deliverables: One original set of the final plans plotted on 22" x 34" paper sheets, stamped and wet signed by a Professional Engineer licensed in the State of Washington. • Digital file of the final plans in PDF format. Digital file of the final Special Provisions in Microsoft Word format. • Digital file of the engineer's construction cost estimate in PDF format. All AutoCAD Civil 3D files used for the final plan set. Assumptions: • The CITY or construction contractor will prepare Construction Stormwater Pollution Prevention Plan (SWPPP) • The CITY will assemble the construction contract package. Task 4: Project Management and Coordination ICF will prepare monthly progress reports identifying work completed during the invoicing period, invoicing period hours, period labor costs, period direct expenses, and status of Tasks. The progress reports will also identify any outstanding issues or foreseeable issues that are of concern. 3 Drafted February 21,20I7 The ICF project manager 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 staff time for telephone calls and emails directly between ICF, the CITY, and/or the MIT to advance the project. Deliverables: • Monthly progress reports and invoices and related budget coordination by email or phone. • Emails and meeting notes regarding project status, questions, and decisions, Assumptions: ■ This scope of work will proceed generally according to the below schedule, with the majority of the work concentrated across approximately 6 months (late March 2017 through August 2017). ■ Approximately 1 to 2 hours per month for the project manager and financial assistant for the main 6 month period of activity on the contract will be necessary for budget and project management and to comply with CITY invoicing requirements. • Up to 8 hours each for the regulatory specialist and mitigation design engineer over the course of the project are assumed for coordination with CITY. 4 Drafted February 21,2017 Schedule ICF would begin work as soon as the signed contract is received (anticipated by March 28, 2017) and extend through the submittal of final plans, specifications, and construction cost estimate as 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, CITY or MIT] may result in any unanticipated delays in the timeline presented here and a potential for increased costs. 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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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. NP EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (continued ) 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. r DATE(MMIODIYYYY) o CERTIFICATE OF LIABILITY INSURANCE 03r2312017 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 m SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). m PRODUCER CONTACT AOn Risk Services Northeast, Inc. NNAMM1E: FAX New York NY Office (ac,No.Ex* (866) 283-7122 (A/C I:No (800) 363-0105 199 water Street E-MAJL ADDRESS: New York NY 10038-3551 USA INSURER(S)AFFORDING COVERAGE NAtC A INSURED INSURER A: Great Northern Insurance Co. 20303 ICF Jones & Stokes, Inc. INSURERB; Pacific Indemnity Co 20346 Attn: Misha Freimann 9300 Lee Highway INSURERC: Federal Insurance Company 20281 Fairfax, vA 22031 USA INSURERD: AXIS Surplus Insurance Company 26620 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570065835803 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 LTR TYPE OF INSURANCE NSD S POLICY NUMBER MMIDD MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY - - EACH OCCURRENCE $1,000,000 Package - Domestic CLAIMS-MADE X❑OCCISR PREMISES Ea occurrence) 51,000,000 X Contractual Liability MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY S1,0001000 p GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $2,000,000 CID X POLICY ❑JEST LOC PRODUCTS-COMPIOPAGG $2,000,000 2 0 OTHER: A AUTOMOBILE LIABILITY 7352-29-55 07/01/2016 07/01/2017 COMBINED SINGLE LIMIT $110001000 Automobile - All States Ea accident BODILY INJURY(Per person) C ANY auto Z OWNED SCHEDULED BODILY INJURY(Per accident) —0 AU ONLY AUTOS M HIRED AUTOS NON-OWNED PROPERcdTY DAMAGE x xX Peradenl w IONLY AUTOS ONLY Y Q) C X UMBRELLALIAB H OCCUR 9363-00-18 07/01/2016 07 01 2017 EACH OCCURRENCE S2,000,000 U EXCESS LIAB CLAIMS-MADE Umbrella Liability AGGREGATE S2,000,000 DED RETENTION B WORKERS COMPENSATION AND 7175-43-37 6/ 5/2016 07/01/2017 X I PER STATUTE I OTTH. EMPLOYERS'LIABILITY YIN workers Comp ER ANY PROPRIETOR I PARTNER I EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $11 000,000 11 yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D E&O-MPL-Primary ESZ768043/01/2016 07/01/2016 07/01/2017 Each Claim $3,000,000 Errors & Omissions Overall policy aggro $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached it more space is required) Re: Mill Creek Reestablishment --■ 1 - Professional Liability is a Claims Made policy. There is no Additional Insured status on the Professional Liability lrr_e coverage. i5 2 - The City of Kent is included as an Additional Insured under the General Liability and Automobile policies. Umbrella is a follow form. L 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. City Of Kent AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent WA 98032 USA 1:�091 c�.�/G:�G�iLL�Qc//.LGf��i eJ9�EL ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD � V AGENCY CUSTOMER ID: 570000024256 AC'ORO® LOC#: �--� ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Northeast, Inc. ICF ]ones & Stokes, Inc. POLICY NUMBER See certificate Number: 570065835803 CARRIER NAIC CODE See certificate Number: 570065835803 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!Locations l Vehicles: 3 - Subject to the standard terms and conditions of the General Liability and Automobile policies, the indicated coverage is primary and non-contributory but only as respect work being done by ICF ]ones & Stokes, Inc. for the City of (cent. ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD r Liability Insurance t Endorsement Policy Perlod JULY 1.2016 TO JULY 1,2017 Effective Dale JULYt,?016 :Policy Number 35812409 EUC Insured ICF INTERNATIONAL.INC. ICF JONES&STOKES,INC. Name of,Company GREAT NORTHERR INsugANCk"s COMPANY Datelsstied JUNE24,2016 i € This.Eudorscmbnt applies to the following forms: i GENERAL LIABILITY ..._ Ruder Who Is An insured,the following provision is.added, Who Is An..lnsueed Additional Insured Persoos or orgenintions shown in the Schedule are insureds;but they are insureds only if you 2re Scheduled Person obligatedpursuant MS..contractor:agreement.to.provide the nn with sikliinsuranceasisaffordedby Or:Organization this policy. j However,the person or.Organization is an insured only: • 'ifand then anly,to the:extent the persou,or organizationis described:in the Schedule; • to the extent such contractor agrcementrequires.the person or orgnnizationto be afforded I status,ds an Insured; for activities that did not occur,in whole or:in part;before the execution of the contractor agreement;and with respect to damages;loss,cost or expense for injuy or datnage4o which-this insurance applies: No person or organization is an Insured-under this provision: • thatismorespecincallyidentifiod under any other piovisioaoftheWhoIsAfilisiured scetion(regardless of any hinitatiotrapplicable thereto). widirespect io any asspmptiou of liabihty(ofanotiierpersou or organization)bythem*in a contiaet or agreen*10,This limitatioudoes not apply to the li�bilityfor damages,loss,Cost or expense for Wtiry or damage,to which this insurance applies,that the person or organization i would have in the absence of such coutract or agreement. 1.16 (ylristjMO AddillonalInnot`o:a,;..eA-v— Orga# 10n continued. Page ! Form 80A2-2367(Rev.5.071 Endorsement i Liability Endorsement .(continued) Under Conditions,the following provision is added to the condition titled Other 1nsnrance. Conditions i Mer Insurance— lfyou are obligated,pursuant to a contract or agreement,to pmvidei theperson 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 willriotseek contribution from insurance available to suelzperson Person Or Organization or organization, IA Schedule Persons or,organizadons that you are obligated,pw•suant.to a contract or agreement,to provide with such insuurance as is afforded by this policy. i The City of Kent i Authorized Represenidlive { i i i i I ; f 1 { { 1 Llaboltyinsurance AdditlonallnRe erenGe�'COp olgantzatlon lastpage Form 60-02-2367(Rev."7) Endorsement pads 2 t POLICYNUMi3ERt 7352.29-55 CoMMEItCIALAUTO CA 20 48 02 99 TWS ENDORSEMENT-CHANGES THE POIYCY. PLEASE:REo lT CAREFULLY DES:IGNATED ENSURE 1his,endorserngntmodl8es Insurance provided under the[allowingi .BUSINESS AUTO COMUGE'TORIi!I GAR AGR COVERAGE FORM. MOTOR CARRIER.COVF.RAGE FORM TgUCWS COVERAGE FORM Wtth respect to coverage provided by this endorsement,theprovisians of the Coverage Form apply unless rnodiSed by this,endacs:em+sctt., his; radar ernott ldenthies.:gerson(s) ar organizatlon(s)'who ere Insureds"under the Who N.An Insured'Provision of I the.Coverage.Fortn,T t endors,empnt:doe riot-alter:coverage provided to be Coverage Form, 'T#iis:endorsemnn# changes the policy effettive.:an the inception daie:of'ths;pollcy unless another date:is indicated below. Endorsement'E'fecttvei ohm Count W Byi Name:Insured;. 1CF Internatiqusl Ino, Authorized Re ressnta8ve ,T.C>t?Jones&Sto[tes,Inc. SCHEDULE Nam of Petson.0).or OrgArAM-ioAWZ l "ANY PERSON .OR ORGANIZATION AS REQUIRE? BY INSURED CONTRACT", i i I City of Kent s ,I I 1 } I I (if no entry appears above, Information required to complete this endorsement will be shown in the Deelaratlans as oppitdable;to the endorsement) i Each person or.orgartlxation shown in the Schedule is,an insured"for Llabillty Coverage,but only to.1be.extent that arson person or entzalion..sjuali9es as an`insured". under the Who Is An Insured p'rovislon.contained In ISei Lion H Of the I Coverage'Ftirm, CA 20 48 0$99 Copyright,Insurance Servlces 01*ce,Inc. 1998 page I`Of 1 Q I REQUE5F O MAYpR'S SIGNATIIrtE u�xKursisxunnu xru� m� ��/:� !f a 0,9 �.�,�,:Gartett mo�xe= Pore NO� ssae;: ares�,r, k/afa wu aea� ,ea J�vi,� � N R90094 . . neallacmetl nt is Sor:Jon 5 kes m:0�a�� ion plans ane � 'rM taw oewmmen[ . . �W R 31 (' �ern :wmmw) Wceaw wnrmtt a\ R WTn�ea ren � M.� i'Y2q; 4t�TM} � 1 on �� a4kn�med �' bifi :� CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT I 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 ICF 39nes & S19kes, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as S. 224" St. Improvements - Hytgk i i i!211 Site that was entered into on the Auril 4, 2017 (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. Date o6.o4s L4oAz oync�Nshen g yeignc y DN:oo-Coi�„p�r'mce-Fished,o=1CF Jones&Stoke, JUJ`4J Inc, ,email=Mna,pdnce@Icf.mm,cd15 By: '00' For: ICF Jones& Stokes, Inc. Title: Contracts Administrator Date; June 4, 2018 EEO COMPLIANCE DOCUMENTS - 1 P �'