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HomeMy WebLinkAboutPW18-158 - Original - ICF Jones & Stokes, Inc. - S 224th St Project - Hytek North Wetland Mitigation Site - 04/19/2018 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manages, prior to submission to the City Clerk's Office. All portions are to be completed. If you have qUestions, please contact tvie city Clerk's Office at 253-856-5725. El Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: ICF Jones & Stokes, Inc. Vendor Number (SIDE): Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): Project Name: S. 224 1h St. Project - Hytek Wetland Contract Execution Date: Date of the M yor's signature Termination Date: 12/31/18 Contract Manager: Garrett Inouye Department: PW: Engineering Contract Amount, $37,956.82 Approval Authority: F-1 Director Mayor � City Council Other Details: _P-rpy,ide_.construction plans_andspecifications-for-the p • KENT WA5.II.OTON 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 )ones & 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: Torrey Luiting (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction plans and specfications for the S. 224th St. Project Hytek North Wetland Mitigation Site. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Seven Thousand, Nine Hundred Fifty Six Dollars and eighty two cents ($37,956.82), 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) 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 (CENT: n By: (signature) (signa ure) Print Name: Trina L. Prince-Fisher Pdrit Name: Dana Ralph its Contracts Administrator Its Mayor (title) DATE: March 30, 2018 DATE;. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Torrey Luiting Timothy J, LaPorte, P,E, ICF Jones & Stokes, Inc. City of Kent 710 Second Ave., Suite 550 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 801-2800 (telephone) (253) 856-5500 (telephone) (206) 801-2899 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department 1CF $Wkes 224"we meld MA 211n0.ye CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. j By. XL n 6 Q For: ICF Jones& Stokes, Inc. Title: Contracts Administrator Date: March 30, 2018 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. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK Hytek North Wetland Mitigation Site, Construction Plans and Specifications South 224a' Street 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) has prepared this scope of work (Scope)to provide construction plans, specifications, and cost estimate(PS&E)to the CITY for the Hytek North mitigation site at South 2161h Street in Kent, Washington. PS&E is needed to complete the federal, state, and local compensatory wetland mitigation requirements of the South 224'h Street Project(841h Avenue South to 881h Avenue South) (project). The services to be provided include—revisions to the Habitat Management and Mitigation Plan, 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 construction cost estimate, and associated coordination with the CITY 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: Revise Habitat Management and Mitigation Plan • 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 herein. This project will be billed monthly on a time and materials not to exceed basis. Budget may be shifted between tasks, but shall not exceed the total amendment budget amount of$37,956.82 Due to the nature of the project site and some existing unresolved factors that may affect the work, the work and/or deliverables included in this Scope may need to evolve as the tasks are completed. If the CITY determines that a change is necessary, the work to be completed and the deliverables to be developed as part of this Scope can be modified only after mutually negotiated terms are agreed upon between the CITY and ICF. Task 1: Revise Habitat Management and Mitigation Plan Revise Habitat Management and Mitigation Plan ICF shall revise the Habitat Mitigation and Monitoring Plan (HMMP) submitted October 2016, with modifications February 3, 2017 based on Corps permit conditions, and based on subsequent feedback and direction regarding extent of grading received from the CITY in July 2017. The primary changes are to the invasive species control methods; the CITY has requested reed canarygrass be controlled using a mow, spray, and till method. Minor edits and updates will also be made to reflect current schedule and anticipate start of construction in September of 2018. The HMMP figures will be updated to reflect changes to the design and to reflect the updated HMMP document. 1 March 15,2018 Assumptions: ■ Soil contamination issues, soil cleanup activities and/or location of utilities does not require redesign of fundamental approach or elements of the mitigation plan. • The CITY will conduct all coordination with the Corps, Ecology, Muckleshoot Tribe as necessary regarding the redesign and the CITY's project permits. • Comments on the HMMP revisions will be provided to ICF in one round of compiled track changes from the CITY. • To facilitate compressed design schedule, the CITY will review the HMMP and provide comments within five business days after ICF delivers the revised draft HMMP. ■ ICF assumes only minor edits to HMMP will be required as a result of CITY comments. ICF will provide Draft Final HMMP within 10 business days after receipt of compiled comments from the CITY. • ICF assumes only minor edits to the HMMP will be required as a result of Corps review. • The CITY will compile input from Corps and transmit input to ICF. ■ ICF will provide a Final HMMP within 7 business days after receipt of Corps input and approval. Deliverables: • Electronic file of the revised draft HMMP in WORD format to facilitate track changes. • Electronic file of the final HMMP in PDF format for City distribution to others. Task 2: 90% Construction Plans, Specifications and Cost Estimate ICF will prepare construction plans equivalent to a 90% draft design submittal for the Hytek North mitigation site, consistent with the revisions to the Habitat Mitigation and Monitoring Plan performed under Task 1. The 90% plans will build on the 60% plans ICF prepared for permits in June of 2017, as updated for consistency with new design approach and HMMP prepared in Task 1. The 90% plans will include sheets detailing the site preparation, site access, staging and project details at a 90% level of completion for review by the CITY. 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 10 total sheets that are anticipated to include: • Cover sheet with vicinity map • General notes sheet • Summary of quantities sheet • Site preparation (temporary access routes, clearing & grubbing, erosion control, invasive management) • Grading plan and cross sections illustrating areas of minor grading. is Planting plan that identifies planting areas, plant schedule, and planting details. ICF will develop a 90% draft set of Special Provisions using the WSDOT/APWA format.The Special Provisions will be for bid items that are not included in the WSDOT/APWA Standard Specifications, or work that will be done differently at this site compared to how the work is described in the Standard Specifications. ICF will only develop Special Provisions for items covered under Divisions 2 through 9 of the Standard Specifications, and will not develop Special Provisions for items in Division 1 of the Standard Specifications. ICF will complete a construction cost estimate based on actual bid prices for similar items of work recently completed for nearby projects. 2 March 15,2018 Assumptions: ICF assumes the following items will be provided by the CITY: • CITY will survey all utilities on the project site and areas where significant ground surface alterations have occurred since last topographic survey. A compiled, updated topographic survey file will be provided to ICF in CAD format. Recent soil cleanup work and alteration to drainage pathways in southern easement area needs to be incorporated into design to capture existing conditions for contractor within work area (the easement may serve as an access and/or staging area). • One round of review of the submitted draft 90% PS&E by the CITY. Comments will be compiled by the CITY and provided to ICF in an Excel spreadsheet for comment tracking (template provided by ICF). • 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. ICF assumes: • ICF will proceed with Task 2 once CITY has notified ICF of approval of Final HMMP by Corps. Proceeding with this task prior to Corps approval risks requiring unanticipated changes in the design that would require a budget amendment and may cause schedule delays. • ICF will only prepare Special Provisions as necessary for work items in Divisions 2 through 9. Deliverables: ■ Digital file of the 90% draft construction plans in PDF format. • Digital file of the 90% draft Special Provisions in Microsoft Word format. • Digital file of the engineer's construction cost estimate in PDF format. Task 3: Final Construction Plans, Specifications, and Cost Estimate ICF will respond to CITY's compiled comments received on the 90% design in the comment tracking spreadsheet and explain resolution of each comment and 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 that the CITY can insert into the construction contract documents. ICF will produce a final the construction cost estimate. Assumptions: • The CITY will assemble the construction contract package. 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. 3 March 15,2018 • 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 drawings and associated files used for the final plan set. • 90% Comment matrix that includes a brief explanation of how each comment was addressed. 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. 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 and the CITY to advance the project. Assumptions: • This scope of work will proceed according to the below schedule, with the work concentrated across 6 months (late March 2018 through August 2018). Each task requires the CITY to provide ICF with an approval to proceed. Each task is sequential and depends on resolution of the prior task for efficient progression to completion of the Scope of Work. ICF will not proceed with tasks out of sequence as that presents a budget and schedule risk from unanticipated changes in preceding tasks. • Approximately 1 hour per month for the project manager and 0.5 hour per month for the financial assistant for the 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 4 hours each are allotted for the project director, project manager, mitigation designer, and project engineer over the course of the project for coordination as needed with the CITY. Deliverables: • Monthly progress reports and invoices and related budget coordination by email or phone. • Emails and meeting notes regarding project status, questions, and decisions. 4 March 15,2018 Schedule ICF will begin work as soon as the signed contract is received (anticipated by April 9, 2018) 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] may result in any unanticipated delays in the timeline presented here and a potential for increased costs. Task Antici ated Schedule Draft HMMP - three weeks after Notice to Proceed on Task 1. City review—one week after receipt of Draft HMMP from ICF. Draft Final HMMP — 10 business days after receipt of compiled comments Task 1 —HMMP update from CITY. Final HMMP— 7 business days after receipt of Corps input from CITY. Estimated completion late May 2018. Four weeks after notification from CITY of acceptance of Final HMMP by the Corps. Task 2—90% Design and Specifications City review—one week after receipt of 90% PS&E package from ICF. Estimated completion early Jul 2018 Task 3—Final Plans, Three weeks after receipt of compiled comments on 90% plans from Specifications and Cost CITY. Estimate Estimated completion early August 2018 Task 4—Project Management and Notice to Proceed through August 2018 Coordination 5 March 15,2018 | ! \ E » 4 : ; _ m � a ; ; ; ; ; , aG & a ; @m ) ■ � f � � ■ ; ; 2Q@ ; l ; ; ma , S ! # 1 3 ■ k \ ! k � _. .. .- - -- � � ------ E i - - � f c - � - k -- -- - 2 2 - -- - - - - - 77 J o ---- - .. . . � . . . �. . . ` r- / @ ■ | f ƒ - 3 | , $ is § � § \ $ ! | @ & | � / - � - c � \ � - ` _ » ) { \ / | � } , f ° / _ ) - - ; . l ' ) 2 ) � ; � E ; - , - ! � ! 22 | { $ § \ | ( E ) / 2\ % ! EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. A CERTIFICATE OF LIABILITY INSURANCE DATE(MMQO1a YY} o4rosnol e 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 ATE 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(les)must have ADDITIONAL INSURED provisions or be endorsed.If L SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this d'certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C CONTACT a AOn Risk services Northeast, Inc. NAME: NeW York NY Office PHO E (866) 283-7122 (AlC.No,Ext): FAX 05 C No (800) 363-01 d 199 Water Street E-MAIL 32 New York NY 10038-3551 USA ADDRESS: O 2 INSURERS)AFFORDING COVERAGE NAIC N INSURED INSURERA: Great Northern insurance Co. 20303 ICF tones & Stokes, Inc.Attn: Misha Freimann INSURER B: Federal Insurance Company 20281 9300 Lee Highway INSURER 0: AXIS SUrplU (Insurance company 26620 Fairfax, VA 22031 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070791420 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. INSIRLimits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DO MMID LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $].,QQQ,QQQ CLAIMS-MADE X❑OCCUR Package - Dome-stic PREMISES Ea occurrence $1,000,000 X Conlractuel Liability MED EXP(Any one person( $10,000 PERSONAL&ADV INJURY $1,000,000 11 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE 52,000,QQQ v JAUTOMOBILE POLICY ❑PRO- ❑LOG 0 JECT PRODUCTS-COMP/OP AGG $2,000,000 0 OTHER; 0 0 LIABILITY 73522955 07/01/2017 07/0l/2018 COMBINED SINGLE LIMIT Automobile - All states Eaeccdent $1,0001000 ANYAUTO BODILY INJURY(Per person) 0 OWNED SCHEDULED Z AUTOS ONLY AUTOS BODILY INJURY(Per accidenQ y X HIRED AUTOS )( NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident u w t. B I UMBRELLA LIAO X OCCUR 93630018 07/01 2017 07 1 2018 U ,00mbrella Liability EACH OCCURRENCE 1 ,Q00 V EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,QQQ DED RETENTION B WORKERS COMPENSATIONAND 71754337 07 0 017 07 1 2018 X PER STATUTE EMPLOYERS'LIABILITY YIN workers Compensation OaH- ANY PROPRIETOR)PARTNER I EXECUTIVE OFFICER/MEMBER EXCLVDEo1 N NIA E.L.EACHACCIDENT $1,QQQ,OOO {Mandatory In NH} If yea,describe undo' E.L.DISEASE-EA EMPLOYEE $1,QQQ,QQQ OESO IPTION OF OPERATIONS below C E8A-MPL-Prima' E.L.DISEASE-POLICY LIMIT $1,000.000 Y EBz768043 01/2017 07/01/2017 07/01/2018 Each Clalm S 2.000,000 Errors & Omissions overall policy aggro $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schad-le,may be attached N more space Is required) Re: S. 224th St. Project Hytek North wetland Mitigation Site 1 - The City of Kent is included as an Additional Insured under the General Liability and Automobile policies. ■_■ 2 - The indicated coverage is primary and non-contributory. 1111112—a 3 - 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 who claim is made or "suit" is brought. X. CERTIFICATE HOLDER CANCELLATION __v SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Ken Fourth Avenue South Kent, WA 98032 USA c � �� .Ic 01988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD cHUBe Liability Insurance Endorsement Policy Period JULY 1,2017 TO JULY 1,2018 Effective Date JULY I,2017 Policy Number 358 l-24-09 DTO Insured 1CF 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 Or Organization this policy. However,the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contractor agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). with respect to any assumption of liability(of another person or organization)by them in a contract or agreement.This limitation does not apply to the liability for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement. Liability Insurance Additional In r g C Pis r Organization continued Form 80-02.2367(Rev.5-07) Endorsement Page 1 CN�JBB Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with such insurance as is afforded by this policy. The City of Kent All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional lni ffl f L e0t�,V P Organization last page Form 80-02-2367(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 by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ICF INTERNATIONAL,INC. ICF JONES&STOKES,INC. Endorsement Effective Date: 7I1117 SCHEDULE Name Of Person(s) Or Organization(s): "ANY PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT" . City of Kent Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent 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 0 Insurance Services Office, Inc., 2011 Page 1 of 1 / / / / / / / / r r / / r , / / / r / f / / / r / r / , r / / r / / , c/ / / / / / r „ / � / JINNEW / uri r, r mill / / / l r 1 / / / / / , r / / / / / r / / / / / / / / o / / / / / / / / / r 1 / / r / / ry / i 1 / / / J / r / /r / / r / r / / r � / 1 a . I / / I � r , / f / r 1 / / / I � , r r r � J � l rl , f � / / � I / t Ir / / / / / / / / / / / / / / f � r / / / / / / / / / / /