Loading...
HomeMy WebLinkAboutCAG2019-403 - Original - ICF Jones & Stokes, Inc. - Mill Creek Reestablishment Cultural Resource Services - 08/29/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. Nancy for Melissa Dahl Department: public Works Date Sent. 8/28/19 Date Required: 9/3/19 :0 Authorized Director or Designee Date of 0. to Sign: ❑ Council N/A aMayor Approval: Budget Grant? ❑ Yes a No Account D20086 Number: Type: N/A Vendor or Name: ICF Jones & Stokes, Inc. Cate 9 Y Contract C Vendor 137973 Sub-Category o Number: EProject Mill Creek Reestablishment 1. Name: 0 = Project Details: Provide cultural resources services. 0 Agreement Basis for w Amount. $29,581.54 Selection of co U. Contractor: CM a Start Date: Mayor's signature Termination Date: I Z 3 1 20 Notice required prior to Yes No Contract Number: o� disclosure? Date Received by City Attorney. Comments: RECEIVED RECEIVE 3 2�0 City of Kent KE NT LAW D E PT. Office of the Mayor Date o ted the Mayor's Office: ! Date outt d to Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 Z KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and ICF Jones & Stokes, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ICF Jones & Stokes, Inc. organized under the laws of the State of Delaware, located and doing business at 1200 6t" Ave., Suite 1800, Seattle, WA 98101, Phone: (916) 475-4821, Contact: Melissa Cascella (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 cultural resources services for the Mill Creek Reestablishment Project. 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, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Nine Thousand, Five Hundred Eighty One Dollars and Fifty Four Cents ($29,581.54), 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. ]. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: Byt �tt �} Ys�`'� By: aa a, (signature) (signatu ) Print Name: Trina L. Fisher Print Name: Dana Ralph Its Contracts Administrator Its Mayor (title) DATE: 8/23/19 DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Melissa Cascella Timothy J. LaPorte, P.E. ICF Jones & Stokes, Inc. City of Kent 1200 6ch Ave., Suite 1800 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (916) 475-4821 (telephone) (253) 856-5500 (telephone) (206) 801-2899 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATT ST: Kent City Clerk ICF]ones&Stokes-Mill Creek Reestablishment 2/Dahl 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. By . y .c.. For: ICF Jones & Stokes, Inc. Title: Contracts Administrator Date: 8/23/19 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 **ICF August 9, 2019 Scope of Work and Quote Cultural Resources Services for the Mill Creek Reestablishment Project Purpose The following items describe the services that ICF Jones&Stokes,Inc. (ICF),shall perform on a time and materials,not-to-exceed basis for the City of Kent(City) in support of the Mill Creek Reestablishment Project,which aims to restore conveyance,and reduce flooding and associated economic and public safety impacts.Specifically,the Mill Creek Reestablishment Project proposes to restore and enhance the Frankford(King County parcel#2632000207)and the Matelich (King County parcel#2222049029) properties in the City of Kent,Washington(project).The project would require permits from the U.S.Army Corps of Engineers(Corps)and,therefore,is considered a federal undertaking and must comply with Section 106 of the National Historic Preservation Act (NHPA),Services provided by ICF will include:background research and literature review; pedestrian survey;subsurface testing;historic structure evaluation;and technical report. A cost proposal is attached.The maximum not-to-exceed cost of this scope of work is$29,581.54, ICF proposes to invoice these costs monthly,on a time and material basis.A written notice to proceed must be received from the City prior to beginning each task. Task 1—Literature Review/Background Research ICF will conduct a search of relevant literature on the archaeology,ethnography,and history of the project's proposed area of potential effects(APE)to provide information on previously identified cultural resources and to determine the existence or probability of other cultural resources in the vicinity.DAHP's Washington Information System for Architectural and Archaeological Records Database(WISAARD)and available information on the geology and geomorphology of the area will be consulted.This research is expected to yield a list of known and registered cultural sites within a half mile of the APE,characterize its archaeological sensitivity,and provide any historical references related to the APE or its immediate vicinity. Deliverables: + None.The results of the background research will be integrated into the technical report described under Task 3 below. 1200 6th Avenue,Suite 1800,Seattle,WA 98101 USA +1.206.801.2800 +1.206.801.2899 fax icf.com Task 2—Fieldwork ICF will perform a cultural resources survey to identify any cultural resources that might be located in the proposed APE.The survey will consist of a pedestrian survey,subsurface investigations where ground disturbance is proposed for the project,and a reconnaissance-level built environment survey. Pedestrian Survey ICF will conduct a pedestrian survey of the proposed APE at no greater than 15-meter intervals to identify archaeological deposits exposed on the ground surface.The pedestrian survey will involve inspection of the local topography to identify any areas that have been subject to historic or modern anthropogenic landscape alterations within the proposed APE. Subsurface Testing ICF will use shovel probes to characterize the local depositional context and,if applicable,to identify subsurface archaeological deposits.Shovel probes will only be excavated in areas where project- related ground disturbance will occur that have not been previously disturbed,or areas where surface visibility is insufficient to identify cultural material on the surface.In these areas,if no hard or impenetrable surfaces are present,shovel probes will be excavated,spaced at approximately 30 meters apart.ICF will excavate up to 130 shovel probes(85 at the Frankford property and 45 at the Matelich property)to the anticipated depth of project-related ground disturbance,river channel deposits,or 100 centimeters below surface-whichever is encountered first.All excavated sediments will be screened through Y4 inch hardware cloth unless it is clearly recent fill.All probes will be photographed,logged with a handheld global positioning system unit,and backfilled. Artifacts found in shovel probes will be analyzed in the field,but not collected,To the extent possible,they will be identified as to type,material,function,and cultural and chronological association.Soil descriptions will be made for each shovel probe and representative photographs will be taken to illustrate soils encountered. Historic Structure Survey ICF will conduct a reconnaissance-level historic resources survey of built environment resources in the APE that are 45 years of age or older. Based on preliminary consideration of the proposed APE, no built environment resources are anticipated in the proposed APE. If any are present,ICF will collect information about its architectural character and physical integrity of the resource,including photographs. Assumptions • No archaeological sites are expected to be found in the proposed APE...Therefore,the documentation of identified resources on Washington State Archaeological Inventory forms is not included in this scope of work, • No built environment resources are expected to be found in the proposed APE.Therefore, the documentation of identified resources on Washington Historic Property Inventory Forms is not included in this scope of work. • The City will coordinate any necessary access to the project area prior to ICF staff traveling to the project area, Cultural Resources Services for the Mill Creek 2 August 9,2019 Reestablishment Project • The proposed APE consists of King County parcels: 2632000207 and 2222049029. • The field survey for the Frankford property will require four(4) eight-hour days for three (3) ICF staff members,plus travel.The field survey for the Matelich property will require two(2)eight-hour days for three(3) ICF staff members,plus travel. • ICF will request a public utility locate prior to field investigations that will require up to four (4)hours to complete (2 hours each for the Frankford property and Matelich property). • All direct costs are for local mileage only.Up to two (2) round trips from the ICF Seattle office to the project site will be made each day of field survey and billed at the current IRS rate(0.58/mile). Deliverables: • None. Information obtained during this task will be summarized and included in the draft and final technical report described under Task 3 below. Task 3—Draft and Final Technical Report ICF will prepare the draft and final versions of an archaeological technical report that presents a regulatory context,historic background research,the results of the field survey,and technical recommendations.The report will meet state and federal standards for reporting as outlined in the guidelines provided by DAHP.Following internal review,the draft report will be provided to City for review and comment.ICF will incorporate any comments/edits into a final version of the report, which will be provided to City, Assumptions • The draft and final version of the report will be submitted electronically as one complete PDF containing the report,maps,DAHP inventory forms,and any additional attachments. • The City and Corps will comment on the draft report within 5 business days of receipt. • Only one round of edits will be required to finalize the report. • Response to comments will require up to 8 hours (4 hours each for the Frankford property and Matelich property). • ICF will provide the final report within 5 business days of receiving the City's and Corp's comments. Deliverables: • Draft report for review to the City,for submittal to Corps. • Final report submitted to the City,for submittal to Corps. General Assumptions • The City will provide ICF with a full and accurate description of the proposed project, including Auto Cad drawings and/or GIS shapefiles,if available,showing plan drawings of the project including existing and proposed structures,roads,and any other project elements necessary for project operation or access. Cultural Resources Services for the MITI Creek 3 August 9,2019 Reestablishment Project • The evaluation of the National Register of Historic Places eligibility of archaeological deposits or the resolution of any adverse effects to identified historic properties under Section 106 of the NHPA is not included in this scope of work.Any additional fieldwork or analysis(e.g.,the delineation and/or evaluation of any new or previously recorded archaeological sites or historic resources,consultation on project designs,archaeological data recovery,or coordination of a Memorandum of Agreement)beyond what is specified in this scope of work would be covered by contract augmentations. • All cultural resources documents will be prepared in accordance with the guidelines of DAHP. • All correspondence and work products will be prepared by ICF with distribution completed by the City.All deliverables will be in electronic format unless otherwise indicated above. • Tasks 1-3 will be completely separately for the Frankford property and Matelich property and will only be initiated when ICF receives a notice to proceed(NTP) from the City for each tas k. Schedule ICF is prepared to start work immediately on this project upon issuance of a fully executed service agreement or purchase order and a NTP for each task.Below presents ICF's proposed schedule. Task _ Schedule* Frankford Property Task 1.1—Literature Review/Background Research 3 business days Task 1.2—Fieldwork 15 business days Task 1.3—Draft and Final Technical Report 10 business days Matelich Property Task 2.1—Literature Review/Background Research 3 business days Task 2.2—Fieldwork 15 business days Task 2.3—Draft and Final Technical Report 10 business days "from NTP Cultural Resources Services for the Mill Creek 4 August 9,2019 Reestablishment Project O O 66 oa a o w m 85 LO:011 p0Y c:co; 'd 1)f pp f 9 69 'n Lij ...........4—.4 4--4 69 o) cm oi I2 N Lo Z5 cV N c rn 12;e;t; iZ4 2t q: Ni N: wa 7n 6 u, ch EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 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. ACORO® DATE08 2/20 9YYY) CERTIFICATE OF LIABILITY INSURANCE 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 L SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this 2) certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d PRODUCER CONTACT 'O Aon Risk Services Northeast, Inc. NAME: ` New York NY Office 1acNly.EXt): (866) 283-7122 FAX No) (800) 363-0105 to V One Liberty Plaza E-MAIL p 165 Broadway, Suite 3201 ADDRESS: _ New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC M INSURED INSURERA: Great Northern Insurance Co. 20303 ICF Jones & Stokes, Inc. INSURERB: Federal Insurance Company 20281 Attn: Misha Freimann 9300 Lee Highway INSURERC: Continental Casualty Company 20443 Fairfax, VA 22031 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570077980619 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 INSR ADDPOLICY EXP LTR TYPE OF INSURANCE INS D UB RI POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY - - EACHOCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR Package - Domestic $1,000,000 PREMISES Ea occurrence X Contractual Liability MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 co X POLICY ❑JE� ❑LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: o r A AUTOMOBILE LIABILITY 7352-29-55 07/01/2019 07/01/2020 COMBINED SINGLE LIMIT $1,000,000 u` Automobile - All States Ea accident X ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident)AUTOS ONLY AUTOS -S X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE to ONLY AUTOS ONLY Per accident i~ N B X UMBRELLALIAB X OCCUR 9363-00-18 07/01/2019 07/01/2020;AGG CH OCCURRENCE $2,000,000 U Umbrella Liability REGATE $2,000,000 EXCESS LIAB CLAIMS-MADEDED RETENTION B WORKERS COMPENSATION AND (20) 7175-43-37 07/01/2019 07/01/2020 PER OTH- EMPLOYERS'LIABILITY YIN workers Compensation STAT ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ .L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ C E&O-MPL-Primary 652011911 07/01/2019 07/01/2020 Each Claim $3,000,000 Errors & Omissions Overall policy aggr, $3,000,000.- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may 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 an Additional Insured as respects General and Automobile Liability. 3 - Subject to the standard terms and conditions of the individual policies, the indicated coverage is primary but only as respect work being done by ICF Jones & Stokes, Inc. for the City of Kent. CERTIFICATE HOLDER CANCELLATION W SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _ City Of Kent AUTHORIZED REPRESENTATIVE 400 west Gowe Kent, WA 98032 USA ©1988-2015 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�Ro ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. ICF ]ones & Stokes, Inc. POLICY NUMBER See Certificate Number: 570077980619 CARRIER NAIC CODE see Certificate Number: 570077980619 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 - 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 logo are registered marks of ACORD C H U B B® Liability Insurance Endorsement Policy Period JULY 1,2019 TO JULY 1,2020 Effective Date JULY 1,2019 Policy Number 3581-24-09 DTO Insured ICF INTERNATIONAL,INC. ICF JONES&STOKES, INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued JUNE 24,2019 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 contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an insured 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 Insured-Scheduled Person Or Organization continued Form 80-02-2367(Rev.5-07) Endorsement Pag 1 CHUBBO Liability Endorsement (continued) Under Conditions,the following provision is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contract or agreement,to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy,then in such case Insurance—Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated,pursuant to a contract or agreement,to provide with such insurance as is afforded by this policy. City of Kent All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured-Scheduled Person Or Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2