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PW18-158 - Amendment - #2 - ICF Jones & Stokes, Inc. - S 224th St Project - Hytek North Wetland Mitigation Site - 03/27/2019
�* T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725,, Vendor Name: ICF Jones & Stokes, Inc. Vendor Number (JDE): Contract Number (City Clerk): Category: -Contract Agreement Sub-Category (if applicable): Amendment Project Name: S. 224th St. Project Hytek North Wetland Mitigation Contract Execution Date: 3/27/19 Termination Date: 12/31/20 Contract Manager: Drew Holcomb Department: PW: Engineering Contract Amount: $9, 195.24 Budgeted: 7 Grant? Part of NEW Budget: [] F1 Local: F-1 State: F] Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 0 Director F-1 Mayor F-1 City Council Other Details: Prepare bid documents, as well as provide construction support and project management for the invasive vegetation clearing at the Hytek site. i KENT WASH-TON AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: ICF Jones & Stokes, Inc. CONTRACT NAME & PROJECT NUMBER: S. 224th St. Project Hytek North Wetland Mitigation ORIGINAL AGREEMENT DATE: April 19, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Prepare plans, specifications, and cost estimate, as well as provide construction support and project management for the invasive vegetation clearing at the Hytek Mitigation Site. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $37,956.82 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $37,956.82 including all previous amendments Current Amendment Sum $9,195.24 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $47,152.06 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/18 (insert date) Revised Time for Completion under 12/31/20 prior Amendments (insert date) Add'I Days Required (t) for this 0 calendar days Amendment Revised Time for Completion 12/31/20 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: ' By: (signature) G1, 0 J3p'�rtM (signature) Print Name: Trina L. Fisher Print Name: Timethy P.E. Its Contracts Administrator Its , s . Public Works Director (title) 1. (title) DATE: March 27, 2019 DATE: /fI ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department ICF]ones&Stokes-224"Wetland Mit 2 Amd 2/Holcomb AMENDMENT - 2 OF 2 EXHIBIT A SCOPE OF WORK Hytek Mitigation Site Nonnative Vegetation Clearing City of Kent Public Works March, 22 2019 Statement of Work As requested by the City of Kent Public Works Department (CITY), ICF Jones&Stokes, Inc. (CONSULTANT) has prepared this Scope of Work(SOW)to provide plans, specifications, and a construction cost estimate for nonnative vegetation clearing activities at the Hytek mitigation site at South 2161"Street in Kent,Washington. Clearing and killing nonnative vegetation will begin the process of restoring wetlands and buffers consistent with the federal,state, and local compensatory wetland mitigation requirements of the CITY's South 224th Street Project. Based on email and phone communications with Drew Holcomb at the CITY and the CONSULTANT's knowledge of the Site,the CONSULTANT has developed this SOW to support the CITY's efforts to develop a construction contract to conduct the nonnative vegetation clearing work on both the Hytek North and Hytek South mitigation sites(collectively known as the Site). The services to be provided include: development of bid-ready construction plans, writing special provisions using the Washington State Department of Transportation (WSDOT)format for work not included in the WSDOT Standard Specifications, creating an engineer's construction cost estimate, providing construction support,and coordination with the CITY regarding general management of the project. This SOW describes the work to be accomplished by the CONSULTANT and summarizes the assumptions and deliverables for each work task.The SOW includes the following Tasks: • Task 1: Plans,Specifications,and Cost Estimate Preparation • Task 2:Construction Support • Task 3: Project Management Task 1: Plans, Specifications, and Cost Estimate Preparation The CONSULTANT will prepare a set of construction plans consistent with the CITY's design and drafting standards.The plan set is anticipated to require 4 sheets to fully describe the vegetation clearing work.The anticipated sheets are: • Cover • Summary of Quantities(SOQ), Construction Notes, and Schedules • Plan of Hytek North nonnative vegetation clearing areas • Plan of Hytek South nonnative vegetation clearing areas To provide a sufficient level of detail for the Contractor,the CONSULTANT proposes that work to be performed is shown on separate plans sheets for the Hytek North and Hytek South sites.The CONSULTANT will secure a recent aerial image of the Site and adjust clearing limits defined during previous design work to align with changed site conditions, including but not limited to clearing completed to conduct soil remediation work. City of Kent Public Works Department Page 1 Scope of Work South 224th Street Mitigation:Hytek Site March 22,2019 The CONSULTANT will prepare construction notes and schedules to describe the sequence of actions necessary to control nonnative vegetation (e.g., mowing and applying herbicide).The CONSULTANT will include standard Best Management Practices (BMPs) necessary for site access, marking clearing limits and limits of ground disturbing activities, herbicide restrictions and other elements necessary to ensure nonnative vegetation removal work is completed consistent with mitigation plans and project permits. The CONSULTANT will prepare special provisions consistent with the 2018 version of the WSDOT Standard Specifications for Municipal Road and Bridge Projects.The special provisions will be to Divisions 2,8, and 9, describing actions necessary for work shown on the plans. Task 1 Assumptions • Only minor changes to previously defined boundaries of vegetation to be cleared will be necessary. • Standard BMPs will be covered by notes and references to WSDOT Standard Plans. • The CITY will provide any design and drafting standards that have changed since 2016 when standards were previously provided to the CONSULTANT. • The CITY will provide a basemap in AutoCAD Civil 3D format showing Site topography and planimetric features(including but not limited to all utilities at the Site), or will verify that the basemap of the Site previously provided to CONSULTANT accurately depicts site topography and planimetric features at the time notice to proceed is given. • The CITY will create all parts of the construction contract not specifically assigned to the CONSULTANT in this SOW (e.g.,front end legal documents, Division 1 special provisions, copies of permits,geotechnical reports) • The CITY will provide the CONSULTANT with a description of all active requirements related to contaminated soils at the Site. • The CITY will perform one round of review of the draft plans,specifications, and cost estimate and will provide review comments to the CONSULTANT. Review comments will be compiled into a single set and provided to the CONSULTANT as a concise and consistent set of edits.The CITY will indicate which comments are for edits that must be made exactly as stated in the comment, and which comments are informational and implementation is to be determined by the CONSULTANT. Conflicting comments from different reviewers will be resolved by the CITY prior to providing the set of comments to the CONSULTANT. Task 1 Deliverables • Draft plans,special provisions, and construction cost estimate in PDF format. Special provisions will also be provided in MS Word format if requested by the CITY. • Final stamped and signed plans in PDF and in AutoCAD Civil3D 2018 format,special provisions in PDF and MS Word format, and construction cost estimate in PDF and MS Excel format. Task 2: Construction Support CONSULTANT will perform two site visits to provide construction support: 1) review of marked limits of clearing prior to commencement of work,to ensure nonnative vegetation clearing and native vegetation preservation areas have been properly identified and demarcated, and 2)immediately after work at the site is determined to be substantially complete,to verify that work was performed in accordance with construction documents. City of Kent Public works Department Page 2 Scope of Work South 224th Street Mitigation:Hytek Site March 22,2019 Task 2 Assumptions • Site visits include round trip travel time and expenses from the CONSULTANT's Seattle office to the Site. • The CONSULTANT will not direct the Construction Contractor or act as an agent on behalf of the CITY for work in the construction contract. CONSULTANT will advise the CITY of what the CONSULTANT has observed and will provide suggestions on appropriate methods to address any deficiencies. The CITY will be responsible to determine the best course of action for the CITY, and will direct the Construction Contractor to perform work that is not shown on the plans or different than shown on the plans. Task 2 Deliverables • Memo providing field notes and photographs verifying construction clearing limits are aligned with the extents of nonnative invasive vegetation as described in the construction documents. Task 3: Project Management The CONSULTANT will prepare monthly progress reports identifying work completed during the invoicing period, period hours, period labor costs, period direct expenses, and status of Tasks. if Tasks are behind schedule and/or over budget,the CONSULTANT will address these issues and bring them back into compliance with the contract.The progress reports will also identify any outstanding issues or foreseeable issues of concern. This SOW does not include time for support during the construction bidding process, or consultation and coordination with permitting agencies and the Construction Contractor during construction. Should the CITY determine that those services are desired,the work to be performed as part of this SOW can be modified as mutually agreed to by the CITY and the CONSULTANT. Task 3 Assumptions • The CONSULTANT assumes the work included in this SOW will last 6 months (April 2019 through October 2019) and has not included contingencies for delays or extension of work beyond this time period. Task 3 Deliverables • Monthly progress reports and invoices,and related client coordination with CITY by email. Schedule The CONSULTANT would begin work as soon as written Notice to Proceed (NTP) is received (anticipated to be April 2019)from the CITY.Tasks associated with this SOW would generally occur according to the following anticipated timeline. Schedule extensions due to unanticipated interruptions (e.g. contracting, agency concerns) may result in delays in the timeline presented here that are not under the control of the CONSULTANT. City of Kent Public works Department Page 3 Scope of Work South 224th Street Mitigation:Hytek Site March 22,2019 Table 1. Anticipated Project Schedule Task Schedule Task 1:Plans,Specifications,and Cost Estimate Within 3 weeks of receipt of written NTP. To occur in conjunction with the Project construction Task 2:Construction Support schedule(anticipated spring/summer 2019). Task 3:Project Management Throughout contract period(anticipated April 2019— October 2019). Cost 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 budget amount of$9,195.24(Table 2)without explicit direction and amendment by the CITY. City of Kent Public Works Department Page 4 Scope of Work a m � 0 o � y � N d � V O W U' m P M O O P+ O M w O 0 0 ao M ff} 3 69 64 w t O O OI O O O O O O a[I O O O O LO I� Ni M to 69 (fi (Fi M ti7 64 N L4 64 w W N CV C14 O d O � =3 0 0 V u S M r N M CD6 j o ( f V LaEL il. .00L g ${ C W pp pp ccpp p oo p p Q O� O(O O? (O+ N O N n O O O N o r� ao 0 o n i } o ro ao 0 0 o ri sA o u> (n r�Mi i u4 (D » C y ° CND 6v 1 (» f» u4 64 us u> F» } u = to Q j N co N f � OMi W N 'Kur O - a) c o a o c w i l � aoo in N nCA 75 .Y T Ns NI r i tD O � m > N 0 to U W a { 1 04 C\� d ,d y 6 a U ( f� L N { o, _ (A C w a g f o (/S N co }- W Co s v m: y a A W £ < 7 N 0 V 1 C f � � N � V M C 6 I U m p c A o " m �. P + C E v a_ yy C 3 ° CDU O 0 N C a E o > E ° .o 2ti -ac LU M 1 4 u > o e m m a N C N N m { 0) H (} C LL O f .O CO N O IXa U t a y 3 a N �jCL F- x EE Cj !O "G WLL CERTIFICATE OF LIABILITY INSURANCE DATEO(7/11/2018 MM(DD/YYW) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this m certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT 0)' Aon Risk Services Northeast, Inc. NAME: New York NY Office .�.Ext): (866) 283-7122 FAX (800) 363-0105 m No.: O 199 water Street c New York NY 10038-3551 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSUIRERA Great Northern insurance Co. 20303 ICF Jones & Stokes, Inc. INSURERS: Federal insurance Company 20281 Attn: Mi Sha Freimann 9300 Lee Highway INSURERC: Continental Casualty Company 20443 Fairfax, VA 22031 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570072278782 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested POLICY FF POLICY EXP LTR TYPE OF INSURANCE YJS WVD POLICY NUMBER MMIDDIYWY MMID LIMITS X I COMMERCIAL GENERAL LIABILITY 358iZ4U9 07/01/2018 0710112019EACH OCCURRENCE $1,000,000 CLAIMS-MADE occuR Package - Domestic 51,000,000 ESES PRMI Ea ocwrrence X Contractual Liabdity MED EXP(Any one person) $10,000 PERSONAL&AOV INJURY $1,000,000 GENT AGGREG—AT—E�LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 X POLICY I IDECO ❑LOC PRODUCTS-COMP/OPAGG $2,C--,--- n OTHER: �1 p 0 AUTOMOBILE LIABILITY 73522955 07/01/2018 07/01/2019 COMBINED SINGLE umn- Automobi 1 e - All States a accident S1,000,000 X ANYAUTO BODILY INJURY(Per person) O OWNED SCHEDULED Z AUTOS ONLY AUTOS BODILY INJURY(Per accident) y Y X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE U ONLY AUTOS ONLY Per accident w tb UMBRELLA LIAR OCCUR EACH OCCURRENCE V EXCESS LIAR CLAIMS-MADE AGGREGATE HD-ED RETENTION e 1 WORKERS COMPENSATION AND 71754337 07/Ol/2018 07/01/2019 PER EMPLOYERS'LiABILIY X STATUTE ORS ANY PROPPoETORl PARTNER!EXECUnVE Y/N workers Compensation OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT S1,000,000 (Mandatory in M-f)UE.L.DISEASE-EA EMPLOYEE S1,000,000 e s,describe under SCRIPT)ON OF OPERATIONS below I E.L.DISEASE-POLK:Y LIMB $1,000,000— C E&O-MPL-Primary 652011911 07/01/2018 07/01/2019 Each Claim $3,000,000 Errors & Omissions Overall policy aggnr $3,000,000 DESCPoPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,ray be attached if more space is required) 1 - Professional Liability is a Claims Made policy. There is no Additional Insured status on the Professional Liability coverage. 2 - The City of Kent is included as Additional Insureds as its interest may appear as respects work being done by or on behalf of the Named insured. 3 - The indicated coverage is primary but only as respects work being done by ICF Jones & Stokes, Inc. for the City of Kent. CERTIFICATE HOLDER CANCELLATION at SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City Of Kent AUTHORIZED REPRESENTATIVE Public works Department 400 west Gowe Kent, WA 98032 USA �/, i �LrtlYlr r�itnts�IOc// !(ae�01 /rsaq cDIISIM2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000024256 LOC#: A� ADDITIONAL REMARKS SCHEDULE_ Page _ of _ '.AGENCY NAMEDINSURED Aon Risk services Northeast, Inc. ICF Jones & Stokes, Inc. POLICY NUMBER see certificate Number: 570072278782 CARRIER NAIC CODE See certificate Number: 570072278782 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: 4 - Except with respect to the limits of Insurance, and any rights or duties specifically assigned to the First Named insured, insurance applies separately to each insured against whom claim is made or "suit" is brought. ACORD 101(2008/01) ®2008 ACORD CORPORATION.All rights reserved. The ACORD name and Pogo are registered marks oTACORD C H U B Bm Liability Insurance Endorsement Policy Period DULY I, 2018 TO JULY 1,2019 Effective Date JULY 1,2018 Policy Number 3581-24-09 DTO Insured 1CF INERNATIONAL., INC. ICF JOKES&STOKES, INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued JUNE 30, 2018 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. Liablllty Insurance Additional Insured-Scheduled Person Or Organization Form 60.02-2367(Rev.5-07) Endorsement continued Page I CHUBB' Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contractor agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with such insurance as is afforded by this policy, City of Kent All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured-Scheduled Person Or Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2 POLICY NUMBER: (18) 7352-29-55 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED FOR C OVER E D ALIT OS L IAB I L ITY C OVERAG E This endorsement modifies insurance provided under the following.- AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified bythis endorsetnent. This endorsement identifies person(s) or organizations) 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 fNTERNA TIONA L,INC. IC:F JONES& STOKES. CN(, . Endorsement Effective Date: 7/1 Il I s SCHEDULE Name Of Person(s) Or Organization(s): „ANY" PERSON OR ORGANIZATION AS REQUIRED BY INSURED CONTRACT" . City of Kent Information rec.wired to com iete this Schedule if not shown above, will be shown in the Declarations_ Each person or organization shown in the Schedule is an "insured"for Coverer! Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the V4110 Is An Insured provision contained in Paragraph A_1. 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 4810 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1