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
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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
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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 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
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