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HomeMy WebLinkAboutPW16-209 - Amendment - #2 - ICF Jones & Stokes, Inc. - Wetland Mitigation Plans for Phase 2 of the S 224th St Project - 10/30/2017 ,r /Pl%// io/ x9J ii it / ords M % °�,% KENT .- Document Wne Hie�roa p/i/, /I !"W/i�/e it i/ r // i // ,i✓ 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: QW 1�-Ul 00-j _ This is assigned by City Clerk's Office Project Name: S. 224th St. Project Wetland Mitigation Plans Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 10/30/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Lincoln Department: Enqineerinq Contract Amount: $9,004.81 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Amend the existing period of performance and scope of work for the wetland mitigation plan for the project. As of: 08/27/14 KN T :AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: ICF Jaane� Er, $ okes, Inc. CONTRACT NAME & PROJECT NUMBER: S. 224"' St Project Wetland Mitigation Plans ORIGINAL AGREEMENT DATE: May 18, 2016 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: Amend the existing period of performance and scope of work for the wetland mitigation plan for 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, $24,084.23 including applicable WSST Net Change by Previous Amendments $0 Including applicable WSST . Current Contract Amount $24,084.23 including all previous amendments Current Amendment Sum $9,004.81 Applicable WSST _ Tax �on this $0 Amendment Revised Contract Sum $33,089.04 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under 12131J17 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Tirne forITCompletion 12/31/18v (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 OF KENT: B + By. 9 4"( tgnat(rre) (signature) Print Name„ Trina . F(Ince-Fisher Print Name„ Timothy J, LaPorte; P�E;_ Its Contracts Administrator Its _ Pubiic Works DireapL_, (title) (rtl DATE: October 25, 2017 DATE: -4' �, APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department tCF!an®6 Stokes-224°-Wetland MIt.,M]/li.c , AMENDMENT- 2 OF 2 EXHIBIT A AMMENDMENT TO SCOPE OF WORK Wetland Mitigation Plan 88th to 941h Street Project City of Kent Public Works Department Statement of Work d 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 amend the existing period of performance and scope of n work for the wetland mitigation plan for the 881h to 941h Street project. The additional services to be provided by this amendment include responding to review comments from the City and regulatory agencies on the Wetland Mitigation Plan Report and 30% mitigation concept plans for the proposed Hytek South wetland enhancement site (i.e. Lot 10 of undeveloped parcel B# 3830000030 and Parcel C#3830000070), and determination of number and costs to purchase in-lieu fee credits from the King County Mitigation Reserve Program. This scope describes the Tasks to be accomplished by ICF and summarizes the assumptions and deliverables under each Task. This amendment would also extend the period of performance an additional 6 months, through June 30, 2018 to allow for response from regulatory agencies to the proposed mitigation plan. The scope includes the following Tasks: • Task 1: Response to comments on the Wetland Mitigation Plan Report and 30% Wetland Mitigation Design Plans • Task 2: Wetland In-Lieu Fee Determination 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 updated total budget amount of$33,089,04 ($24,084.23 original contract+$9,004.81 this amendment). The work and/or deliverables associated with this scope of work may evolve as the tasks are completed. Should the CITY determine that a change is warranted, the work to be completed and the deliverables to be developed under this scope of work can be modified if mutually negotiated between the CITY and the ICF. Task 1: Wetland In-Lieu Fee Determination ICF will use impact area calculations from JARPA plans,wetland description and mapping contained in ESA wetland delineation report and available on-line aerial mapping (Google Earth, Bing Maps, etc.) to determine the area and duration of impact associated with each wetland and buffer impact associated with the 881h to 94th Street Road Improvement Projed.. These calculations will be used to complete a wetland impact debit and in-lieu fee credit calculation according to the Washington State Department of Ecology's Calculating Credits and Debits for Compensatory Mitigation in Wetland of Western Washington (2012). Deliverables: • Summary email describing findings and cost for purchase of credits from King County • Debit/Credit calculation EXCEL table 1 Prepared October 13,2017 Assumptions: • Impacts areas in JARPA application are final • King County Mitigation Reserve Program Credits that are available for purchase are suitable for impacts associated with 8811 to 941 Street Project. • Mitigation credit costs are valid at time of inquiry to King County Mitigation Reserves Program [ and may change over time. i Task 2: Response to Comments on the Wetland Mitigation Plan Report and 30% Wetland Mitigation Plans 2.1 Response to comments from CITY on the Wetland Mitigation Plan Report and 30%Wetland Mitigation Plans. Several adjustments have been made to the Wetland Mitigation Plan and Design over the last year such that it is necessary for the CITY to complete a full review and provide comments to ICF on the adequacy and clarity of the document and plan prior to submittal by the City to the U.S. Army Corps of Engineers in support of the CITY's CWA Section 404 authorization for construction of the 8811 to 941 Street project. Deliverables: • Electronic PDF of Revised Wetland Mitigation Plan Report and 30% Design Plans reflecting response to CITY comments for submittal to agencies. Assumptions: The CITY will conduct one round of review on the report and plans and provide a consolidated set of comments to ICF with `red line' comments on the plan sheets provided in a summary table for ease of tracking responses. ICF will respond to comments within the Mitigation Document; comments on the plan sheets will be provided in the table set up by the CITY • ICF will respond to comments and the provide CITY with a draft response to cofrlments on the plan sheets for,CITY review and approval. ICF will finalize report and plans for submittal to agencies based on CITY approval, • CITY comments will be aim to improve quality/clarify of the proposed mitigation approach and will not require substantial changes to the design or redesign of essential elements. 2.2: Response to comments from regulatory agencies (Corps and Ecology) on the Wetland Mitigation Plan Report and 30%Wetland Mitigation Design Plans. ICF anticipates the regulatory agencies may have questions, want clarification or minor adjustments to the proposed mitigation plan report and design. This task provides ICF staff with time for one, approximately 3 hour meeting (including prep and travel) at the Seattle District offices of the Corps of Engineers and to respond to one round of questions, provide additional clarifications and make minor adjustments to facilitate timely approval of the CITY's permit application for the Project. Deliverables: • Final Electronic PDF copy of the Wetland Mitigation Design 30% plans. • Final Electronic PDF copy of the Wetland Mitigation Plan Report. 2 Prepared Octobei 13,2017 Summary email response summarizing ICF's response/changes in response to agency questions, comments and adjustments. Task 3: Project Management Extension ICF project manager and financial project assistant will continue to monitor project status and to coordinate with CITY and provide updated budget status and invoices through extension of contract through June 2018 at an estimated level of effort of 0.5 hour per month. a Amendment Assumptions: The following items will be provided by the CITY to aid in the mitigation design: • CITY will submit revised Wetland Mitigation Plan Report and 30% Designs to the Corps, • CITY will provide comments from agencies to ICF as one set of consolidated comments. • CITY will provide final decision/direction for how to respond to agency requests for changes to mitigation plan in consultation with ICF. Schedule ICF would begin work as soon as the signed amendment is received (anticipated November 2017) and extend through the submittal of documents defined in the original scope of work. Tasks associated with this scope of work would generally occur according to the following anticipated timeline. Schedule extension due to unanticipated delays(e.g. contracting, project design, agency concerns] may result in any unanticipated delays in the timeline presented here and a potential for increased costs. Task Anticipated Schedule Task 1 —Wetland In Lieu Fee November 2017 Determination November 2017—June 30, 2018 with this contract extension Task 2—Response to Comments Note:current contract end date is December31, 2017 Task 3—Proiect Management Throuqh June 30.2018 with this contract extension Budget The attached cost estimate outlines the tasks to be completed and the anticipated budget; ICF proposes to continue to invoice on a Time and Materials basis. Exclusions The following are not included in this scope of work, but can be added or contracted subsequently at the appropriate stage of the project: • Technical specifications, 60 to 100%design, and construction cost estimates will not be prepared under this scope of work because the nature and level of regulatory agency comments and permit conditions cannot be anticipated at this stage of the project. Such comments and conditions may require changes to the 30% design. • ICF can prepare technical specifications and 95% construction cost estimates including unit costs for the CITY upon request, after regulatory agency review has been completed. • ICF recommends that technical specifications and construction plans for both the Phase 1 mitigation and the Phase 2 mitigation plans be prepared concurrently to maximize efficiency in effort and consistency during construction. 3 Prepared October 13,2017 ) ® s » ( / 81Rig \\()$»@¢ | � \ � . } . � ! § . ; . . . : 1 � , , / : ( ' � \ \ E k { ! c a , y & ) E . : aww # ! ! )/ , . . . 222 w . . { � , j ] § § .,w . IN ` � - � ) ` vi ! ID Ei ® ! ! LU 0 ) Cc : . q\ ( : } ff ) \ \ %y 2 $; \ \ \+ of {$ � )\ § �\kl � ! CERTIFICATE OF LIABILITY INSURANCE '. DAT E(06MMIODIYYYY)120I4D,7 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 `BLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED .EPRESENTATIVE 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 w this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). .c PRODUCER DONCACT C AOn Risk Services Northeast, Inc. NAME. (AIC.Nc.Ea1I: (956) 283-7122 ✓J�c Nn : (800) 363-0105 `y New York NY office -0 199 water Street E-MAIL New York NY 10038-3551 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC At INSURED INSURER A: Great Northern Insurance Co. 20303 ICF Jones & Stokes. Inc, INSURER B: Federal Insuranc e Company 20281 Attn: Misha Freimann 9300 Lee High INSURER e: AXIS Surplus Insurance Company 26620 Fairfax, VA 220L USA INSURER D: INSURER E: INSURER F: ---® COVERAGES CERTIFICATE NUMBER'.:570067290972 ...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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 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 WEN TR TYPE OF INSURANCE my Sur POLICY NUMBER IMMODDA"I'V11 IMMID LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 51,000,000 I—I Package - Domestic f TORSIN195"'""""""""' CLAIMSMADE I X IOCCUR $1,DDD,000 A ! PREMISES IFawan 1 X conlmcmal Wb011, MED EXP(Anyonepenonl $10,000'' PERSONAL a ADV INJURY $1,000,000 GENU AGGREG B'ATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 m ' X P0-1bY EPECfi ❑LOC PRODUCTS COMPIOP AGG 12,000,500 n OTHER: O AUTOMOBILE LIABILITY 73522955 07/01 20-707101 22018 COMBINED SINGLE LIMIT $1,DOD,000 Automobile - All States �Fa�rr;tlaml % ANYAUTO BODILY INJURY(Pxpanon)...�.....w......w,.w.. .• Z OWNED SCHEDULED BODILY INJURY(Per amitlenll y AUTOS ONLY AUTOS X HIRED AuroS X NON OWNED PROPERTY DAMAGE ONO AUTOS ONLY IPeracdden0 C Y N e X UMBRELLA LIAR % OCCURf 9 630018 07/01/2017 7 U1 2018 EACH OCCURRENCE umbrella Liability AccascnrE 81,pp0,p{Sp E%CE88 LIA9 CLAIMS DED RETENTION --- - B WORKERS COMPENSATION AND 71754337 1 ll 2 1 18 PER OTnH. EMPLOYERS'LIABILITY workers Compensation „ .ANYPROPRIETORI PARTNERIEXECUTIVE EL EACH ACCIDENT $1,Coo,OOG OFFICEMMEMBER E%CLUDEB'1(Manaelary In NH) EL DISEASE-E4 EMPLOYEE $1,000,000 YYes, ae 0CRFTICN OF OPERATIONS below EL OIBE45E-POLICY LIMIT $1.but,000—_ c E 0-MPL-Primary E82768043 Ol 20 7 07/01/2017 07/01/2018 EdCh Claim $2,000,0 G Errors & Omissions Overall policy aggr, $2,000,000 DESCRIPTION OF OPERATIONS I LOCATONS I VEHICLES(ACORD 101,Atltlmonal Remarks SCM1etlule,may be attached tt more space b required) ,�M^�:.aI Re: S. 224th street Pro?ect. 2J 1 - Professional Liability is a Claims Made policy. There is no Additional Insured status on the Professional Liability IIIIII coverage. 21 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 NN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEC 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 Sroog"ArJL cYNYo/t ©1986-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000024256 LOC#: ADDITIONAL REMARKS SCHEDULE _Gage of AGEN'C'Y NAMED INSURED Aon Risk services Northeast, Inc. ICF ]ones & stokes, Inc. -r9.1CY mul"ER e Certificate Number: 570067290972 CARRIER NAC nXhDE See Certificate Number: 570067290972 EFFEC7VE DATE'. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance p Aodlinnal Dpswoo,n or opemions 1 Lowtons 1 Ven des p non-contributory but only as respects work being done by ICF ]ones & stokes, Inc. for the City of Kent. 4 - Except with respect to the limits of insurance, and any rights or duties specifically assigned to the First Named Insured, insurance applies separately to each insured against whom claim is made or "suit" is brought. ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and loge ere registered marks of ACORD CLiability Insurance ct•+u�tlei Endorsement Policy Period JULY 1,2017 TO JULY 1,2018 Effective Date JULY 1,2017 Policy Number 3581-24-09 DTO ;. Insured ICF INTERNATIONAL INC. ICF JONES&STOKES,INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued JUNE 26,2017 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are insureds;but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by OrOrgan/zation this policy. However,the person or organization is an Insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured trader this provision: • that is more specifically identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). with respect to any assumption of liability(of another person or organization)by them in a contract or agreement.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. Liabflity Insurance Additlonai to J 1 PCV,9j5 gr il,rganfzation continued Form 80-02-2367(Rev.5-07) Endorsement Page f C c(r�u Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with such insurance as is afforded by this policy. City of Kent All other terms and conditions remain unchanged. Authorized Representative c.. —C Liability Insurance Additional lnp&f aFM404 P 9r Organization lastpage Form 60-02-2367(Rev.5-07) Endorsement Page 2 POLICY NUMBER (17) 7352-29-55 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under thefollowing: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified bythis endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ICF INTERNATIONAL,INC. ICF ZONES&STOKES,INC. Endorsement Effective Date: 7/1/I7 SCHEDULE Name Of Person(s) Or Organization(s): "ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT" . City of Kent Information reauired to complete this Schedule. 9 not shown above.will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to theextent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II— Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1