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HomeMy WebLinkAboutPW12-256 - Original - AECOM Technical Services, Inc. - Horseshoe Bend Levee - 12/03/2012 Records M -ana- geme . f . KENTDocument WASHINGTON CONTRACT COVER SHEET This is to be completed b the Contract Manager prior to submission P Y 9 to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: AECOM Technical Services, Inc. Vendor Number: - - JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Horseshoe Bend Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 5/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide structural engineering services during construction of the flood walls for the project. VT S Public\RecordsManagement\Forms\Contractcover\adcc7832 1 11/08 KENT WASMINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and AECOM Technical Services, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AECOM Technical Services, Inc. organized under the laws of the State of Delaware, located and doing business at 701 Fifth Ave. #1100, Seattle, WA 98104, Phone: (425) 495-5964/Fax: (858) 292-7432, Contact: Richard Patterson (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 structural engineering services during construction of the flood walls for the Horseshoe Bend Levee 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by May 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Thousand, Three Hundred Thirty Eight Dollars and three cents ($20,338.03), plus applicable Washington State sales tax, 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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: 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 providing the other art thirty 30 days written notice at its address set forth on cause, upon pro g party y ( ) y the signature block of this Agreement. After termination, the City may take possession of all 9 9 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 liability hereunder shall be only to the extent of the Consultant's negligence. 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) , 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 ode art of this Agreement. However, should any language in any of documents are hereby m a p g � Agreement, the terms the Exhibits to this Agreement conflict with any language contained in this A 9 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 i Agreement or accruing out of the performance of those operations. ! I. Counterparts. 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. IN WITNESS, the parties below execute this Agreement, which shall become - effective on the last date entered below. CONSULTA CITY OF KENT: By: /^ 17� By: icL*�+ (signature) Print Name: z•+� 00%ee T[' Pr Na Suzette Cooke Its 1) eet rnt s Ma or (title) ; DATE:__.(.1_ f DATE: Zj NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Richard Patterson Timothy 3. LaPorte, P.E. AECOM Technical Services, Inc. City of Kent 701 Fifth Ave. #1100 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (425) 495-5964 (telephone) (253) 856-5500 (telephone) ' (858) 292-7432 (facsimile) (253) 856-6500 (facsimile) I I� APPROVED IASTO FORM: i Kent Law Department AECOM•Hors.ske Bend 3/Madtal I 1 CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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, j ti 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. Dated this day of Noue,r, bcr , 20 17-. By: - nl Iz.A. For: Accoln 7eck4tca.t scruicaf. J'nc . � 1 Title: V Ile-0- ?fZS1 �4 Date:��_'r 6 f L I 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 AECOM Technical Services, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Horseshoe Bend Levee Construction Services that was entered into on the December 3, 2012, 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. Dated this 7th day of .tune , 2013 By: Yuan-An (Luke) Su For: AECOM Technology Corporation Title: Senior Structural Project Manager Date: 06/07/2013 EEO COMPLIANCE DOCUMENTS - 1 City of Kent A:COM Scope of Work-Exhlblt A EXHIBIT A SCOPE OF WORK for Retaining Walls at the Horseshoe Bend Levee - Design Services During Construction The scope work is to provide Design Services During Construction (DSDC) for; approximately 1450 feet of retaining wall (located on the east and west ends of the Horseshoe Bend Levee in Kent, WA.), fabrication of stop logs, and the construction of a stop log storage building on the west side of the Horseshoe Bend levee. The scope includes, Submittal Review, Response to Requests for Information (RFIs), Site Visits, and Meetings for the retaining wall Scope also includes coordination with City of Kent and other consultants working on this project DSDC The services listed below represent the Consultant's understanding of the work to be completed in order to assist the City during the construction phase of the Project This scope of services is based on direction from the City. The Consultant shall actively coordinate Retaining Wall aspects of the work for the assignment, identify and resolve issues in a timely manner, and communicate effectively The Consultant shall be responsible for the performance of scoped services, and shall furnish materials and information to accomplish the work tasks described herein. The Consultant will actively coordinate with other consultants performing work on this project The Consultant and the City agree that the City may use City forces to perform tasks listed in this Scope and that some tasks may not be required and the contract dollar amount will be adjusted accordingly. I. PROJECT OBJECTIVES AND DESCRIPTION The objectives of the Horseshoe Bend Levee Project, hereinafter referred to as the Project, are to: 1. Provide flood protection to the City of Kent, in the area of the Green River known as the Horseshoe Bend Levee, 2. The project will include new berms and retaining walls 3 Minimize construction impacts to the public The Work consists of providing "on-call' engineering and design services to the CITY during construction of the project. The types of assistance that the CONSULTANT will provide to the CITY during construction of the project include s Review of submittals • Respond to requests for information • Review contractor proposals • Provide on-site technical support • Evaluation of Change Proposals i draft COK HSB Wall DSDC Scope 20121016 A erp doe Page 1 of City of Kent A=COM Scope of Work-ExhlbltA II. DESIGN CRITERIA Refer to previous design contract and construction documents for design criteria. Ill. PROJECT SCHEDULE The anticipated project schedule is as shown below: Milestone Date Consultant Notice to Proceed 13 August 2012 Begin Construction 31 August2012 Construction Complete 31 March 2013 Contract End Date 31 May 2013 The project schedule may be subject to adjustment at mutual agreement, whether initiated by the City or Consultant, IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will provide the following items and services to the Consultant that will facilitate the Consultants work effort The Consultant is entitled to rely on the accuracy and completeness of these!terns* 1. Contractor Submittals, RFI's, and Shop Drawings V. INTELECTUAL PROPERTY The documents listed as "Deliverables" in the Detailed Task Description, Section VII of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements will be furnished by the Consultant to the City upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in tangible format, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification cf the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to Consultant The City will assume all risks associated with such use, modifications, or conversions. The Consultant may remove from the electronic materials delivered to the City, all references to the Consultant involvement and will retain a tangible copy of the materials delivered to the City which will govern the interpretation of the materials and the information recorded Electronic files are considered working files only, the Consultant is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. VI. ABBREVIATIONS I draft COK NSB Wall DSDC Scope 20121016 v0 erp doc Page 2 of 5 City of Kent A=COM Scope of Work-Exhibit A The following abbreviations are referred to throughout this scope of work, AASHTO American Association of State Highway and Transportation Officials ASTM American Society for Testing and Materials BA Biological Assessment BDM WSDOT Bridge Design Manual BRAC Bridge Replacement Advisory Committee DAHP Department of Archaeology and Historic Preservation Ecology Washington State Department of Ecology ECS Environmental Classification Summary ESA Endangered Species Act FEMA Federal Emergency Management Agency FHWA Federal Highway Administration H&LP Highways and Local Programs HPA Hydraulic Project Approval JARPA Joint Aquatic Resources Permit Application LRFD Load Resistance Factor Design NEPA National Environmental Projection Act NMFS National Marine Fisheries Service NRHP National Register of Historic Places PS&E Plans, specifications, and estimates SEPA State Environmental Protect ion Act TS&L Type, Size and Location WDFW Washington State Department of Fish and Wildlife WSDOT Washington State Department of Transportation USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service VII.DETAILED TASK DESCRIPTION General Assumptions: 1 The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit "B". These costs are itemized in Exhibit uB"to aid in project tracking purposes only The budget may be transferred between tasks, provided the total contracted amount is not exceeded Additional services beyond these limits will be considered Extra Work. 2 Substantial completion of the project is anticipated to be seven months, however the contract will expire May 31, 2013, The Consultant is responsible for meeting deadlines for their tasks only, Consultant has no control over those portions of the schedule related to the tasks performed by the City or any third party 3. The City has the authority to approve proposed work scope and schedule changes. draft COK HSB Wall DSDC Scope 20121016 v0 erp doc Page 3 of 5 City of Kent AECOM Scope of Work-Exhibit A 4. The CITYwIif the lead construction management and inspection. 5. The CITY will be responsible for document control. DESIGN SERVICES DURING CONSTRUCTION Task 1. — Management and Coordination: In this task are described those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the City will be met a Project Management. Provide direction to the AECOM design team. Conduct project coordination meetings as required with appropriate task leaders Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. b Communicate Progress. Conduct ongoing, proactive, responsive communications with the City staff involved in the direction and execution of the project Attend project coordination meeting at the completion of the Design Memo. Prepare and submit monthly invoices with a brief progress report that will include identification of work performed in the previous month's schedule. c. Quality Assurance/Qualify Control The project manager will implement and conduct AECOM quality control/quality assurance program throughout the project Assumptions: 1. The Consultant's project manager and/or project engineer will meet with the City's project manager/engineer on an as needed basis throughout the project 2. Internal project team coordination meetings will be held on an as-needed basis during project duration. These meetings will be in addition to the coordination meetings held with the City, but budgeted as part of the specific work tasks. 3. Project meetings may involve other consultants, and/or contractor, and will require some preparation of meeting materials The budgeted number of meetings Is shown on the attached cost estimate Deliverables: 1. Monthly Invoices and Progress Report(1 copy) 2 Written Change Authorizations 3 Meeting preparation and attendance Task 2.—Site Visit: The Consultant will perform the following: The Consultant will conduct site visits as needed for construction support. The maximum number of site visits Is indicated on the attached Exhibit B, Assumptions: 1 All locations are accessible by foot draft COX HSB Wall DSDC Scope 20121016 v0 erp.doc Page 4 of 5 City of Kent ,A;COM Scope of Work-Exhibit Deliverables: 1, Field notes and photographs. Task 3. —RFl Response, Submittal and Shop Drawing Reviews: Consultant will review contractor submittals including shop drawings, and provide the City a recommended response to contractor's request for information. Assumptions: 1. The contractor will build the wall per the design plans. 2. The estimated effort does not include effort associated with review of contractor proposed changes to the design Deliverables: 1 RFI responses, shop drawing review comments, and other construction submittal review comments Task 4. — Evaluation of Change Requests: The Consultant will review contractor proposals and make recommendations to the City. Assumptions: 1. Total number of contractor change requests is equal to one. Deliverables: 1 Written recommendations to the City. I draft COK HS8 Wag DSDC Scope 2012106 A erp doc Page 5 of 5 a City of Kent 1LCCIM NSe Levee Retaining Wan Horseshoe Send Levee Sheet Pile Weil o 0 ours) Structure ro) rail CADDI Pro) $1fUCfUfal Wall length Sheets Shact Manager Eno Des Tech Admin OA1QC Total Hours Total COst(DL) $78 00 $7000 $51 00 $20 00 $38 00 $59 co Yr ,`_-,hi i� ,,a°.Sr`„ r me- t-4 ii`^ii vnnii In tip. ; Pv uiia.t }v+-x:==`^,ra taslli.l,�M19B`'_ 3nF a I1'ajld Ooorsina on,,`fPn` iri y r��t ''o?�'-':i'. St„' �,.,j� -�j�a6' �I"F-R' '3.. h`, `�l'.. s`F" -: i,l�,nPas yut �4i6, Pro thane amen: 12 t 8 20 $1,24D 00 t Maesn s 4 a 12 $72000 ITH)OUSP duration with hevel Onto ro) 2 Total Manegamantand Coordinadon 10 0 8 0 8 0 32 $1,90000 �0 - sue , -_ ,t xS r'€C-' �"S - ' n av7(P.t _ �l�i 1'Y',in^ ''''}c_• :°I:,.r �.`�'t "e�t-�:p.� Y6e�C'25 "_il�Sl6sVIaIta7f� "^FG^r,``,•i ,� {i=riic'�i`- t ,'��„'�,.')F=',`_•k;tc s."Ks:„`;4` ,;,t,`>;a�G, 4;'e;- 3_ ,j;'�,IR..' „fie ,'c7+: -fs43�c�i n4, - ,is Site Visit with travel time two, ylslis 0 12 _12 $61200 Total Sao Visits 0 0 12 0 0 0 12 $012 00 Tasks ,,} 1'"7-` `"`' `cs,)sh'�-'' •a�0r" �, wt�. } t Yrt. �iy+c•4 .1 'F`. ''1- ..�yyf:'n" � !, ,nji h�.saV �'y_. ;I, <as �aa�;gyp•,, %", 3� � t -'i RF�Ra¢ ohse,=Subml RFI Response '6 12 1B $1,060 Go Submittal Reviews 4 18 0 22 $1,230 CO Shop Drawing Reviews 4 18 0 22 $1,230,00 Total RFI Response,Submittal and Shop Dmwing Revia,vs 14 0 48 0 0 0 62 $3,540 00 - �ai �T4�f`R. p�� �`-�`•�1 ns..'?(,+ask' ;< < F ' - .,er-;�,iz�',�'r, '"l,�p ,t� '�e2'?2� r4 E. 14Yr., Sv luallo0 tlf en e'er osi s'.r�, `�ar 'S, Evaluate Charge Proposals 2 0 12 14 $75800 $000 Tot al Evaluation of Change Proposals 1 2 0 1 12 1 0 1 0 0 14 $78000 Total Structural 31 0 BO 0 8 0 120 $638000 OUTSIDE RFIM9URSASLES AECOM Direct Salary $8,88000 Per Diem $000 AECOM Overhand 16314% $11.224 03 Lodging $0 DO AECOM Subtotal $18,10403 Mlteagelpers Vehicle(90 551mlle) $100 Do Mania $000 AECOM Fee @ 30% $2,06400 Supplies,Photos $000 Outside Reimbursables $17000 Reproduction $2600 Subconsultents $000 PoslegelDetivery $2000 TOTAL= $20,338,03 Other $2500 Management Reserve Fund 0% $000 Markup for Relmb 0 0% $000 GRAND TOTAL= $20,338.03 Total $17000 Notes 1) this eshmale Is based on the contractor building per the design plane(Le no CRIP) 2)this estimate assumes that the Clyvdll provide construction management 3)this estimate assumes one site visit 4)Structural ConsWctan Estimate abcut$1One EFCO-$1 tm and 2591h=$1 2m,tolnl-$2 3m Page 1*(I 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. The City shall be named as an Additional 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. 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, $4,000,000 general aggregate. EXHIBIT B (Continued) 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. A� CERTIFICATE OF LIABILITY INSURANCE °110(MIND2 °"YYY' 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 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME Marsh RISk&Insurance Services PHONE FAX CA License#0437153 ALC NO'Ext• A!c No 177 South Figueroa Street E-MAIL s Los Angeles,CA 90017 INSURER(S)AFFORDING COVERAGE NAIC 8 Attn Lori Bryson(213)346-5464 06510 AECOM-CAS 12113 Seattl WA Adwoa 913 NOC INSURER A Zurich American Insurance Company 16535 INSURED INSURER B AECOM Technical Services,Inc NIA NIA 710 Second Avenue,Suite 1000 INSURER C Seattle,WA 98104 INSURER D NIP' NIA INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: LOS 001528912 03 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 _ INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DDZYYYY MM/DDIYYYY A GENERAL LIABILITY GLO596589104 0410112012 04/112013 EACH OCCURRENCE $ 2,000,000 X DAMAGE TO RENTED 1,000,DD0 T'COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ O MED EXP(An one person) $ 5,0D0 CLAIMS-MADE OCCUR Y p — PERSONAL&ADV INJURY $ 2,000 ODD GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 X I POLICY PI LOG $ A AUTOMOBILE LIABIUTY BAP 596589304 04/0112012 0410112013 Ea a arIct'IidanNED SINGLE LIMIT 1,000,000 Ea X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Peraccdent) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB_ CLAIMS-MADE AGGREGATE S DED RETENTION $ WORKERS COMPENSATION WC Lim OTH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A EL EACH ACCIDENT _ $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If/es,describe under E L DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE Struaui al engineering services during construction of the flood walls for the I lorseshoe Bend Levee Project (SEE ADDITIONAL PAGE TEXT) CERTIFICATE HOLDER CANCELLATION CITY Of KENT,WA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN NANCY YOSHITAKE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 W (,OWE ACCORDANCE WITH THE POLICY PROVISIONS KENT,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services David Dernhan .�/f�iM�if•r/ ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID. 06510 LOC#: Los Angeles AIlIk oR® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM Technical Services,Inc 710 Second Avenue,Suite 1000 POLICY NUMBER Seattle,WA 93104 CARRIER NAIL CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER. 25 FORM TITLE: Certificate of Liability Insurance CITY OF KENT,WA IS NAMED AS ADDITIONAL INSURED FOR GL&AL COVERAGES,BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED SUCH INSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER&ADDITIONAL INSURED SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GENERAL LIABILITY AND AUTO LIABILITY COVERAGE IF THE INSURER FOR THE GENERAL LIABILITY OR AUTOMOBILE I[ABILITY POLICY CANCELS ITS POLICY FOR ANY REASON OTHER THAN FOR NONPAYMENT OF PREMIUM,THE INSURER WILL PROVIDE 30 DAYS NOTICE OF CANCELLATION TO THOSE CERI IFICATE HOLDERS THAT REQUIRE II BY WRITTEN CONTRACT SEVERABILITY OF INTERESTICROSS LIABILITY WORDING IS INCLUDED FOR GL&AL COVERAGES ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER BAP 5965893 04 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORIA With respect to coverage provided by this endorsernent, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provi- sion 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 indi- cated below Endorsement Effective 411112 Countersigned By Named Insured AECOM Technical Services, Inc Authorized Re resentativ SCHEDULE Name of Persons) or Organixation(s): ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement ) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form Copyright, Hawaii Insurance Bureau, Inc , 1999 Includes copyrighted material of the Insurance Services Office, Inc ,with its permission CA 1028 (2-99) CA 20 48 02 99 Copyrigrit, Insurance Services Office, Inc , 1999 Page 1 of 1 POLICY NUMBER GLO 5965891 04 COMMERCIAL GENERAL LIABILITY CO20260704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT. information rern_ured to comrilete this Schedule, if not shown above, will be shrnron in the Declarations Section II — Who Is An Insured is amended to in- omissions or the acts or omissions of those acting on clude as an additional insured the person(s) or or- Your behalf ganization(s) shown in the Schedule, but only with A. In the performance of your ongoing operations, respect to liability for "bodily injury", "property or damage" or "personal and advertising injury' B. In connection with your premises owned by or caused, in whole or in part, by your acts or rented to you CG 20 26 07 04 Copyright, ISO Properties, Inc , 2004 Page 1 of 1 UNIFORM • KENT N�SHINGi OH Agenda Item: Consent Calendar - 75 TO: City Council DATE: August 7, 2012 SUBJECT: Horseshoe Bend Levee Construction Support Services Agreement with AECOM - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with AECOM for construction support services during construction of flood walls on the Horseshoe Bend Levee Project in an amount not to exceed $20,338.03, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the certification of the Horseshoe Bend Levee, the City must construct a secondary levee along a portion of the east and west ends of Horseshoe Bend. In most areas the levee consists of an earthen berm or a raised roadway embank- ment However, in areas where there is limited space, a levee retaining wall will be constructed. Walls are being installed along the south side of S. 2591h Street east of Central Ave. and on the west side of Horseshoe Bend along the north side of the City's 3rd Ave storm pond, north of S. 259th Street. AECOM performed the structural engineering design for the levee retaining walls and with this contract will provide construction support for the fabrication and installation of the sheet pile walls. EXHIBITS: Scope of Work and Exhibit A RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The cost of this will be billed toward the $10-million state grant, the City received for Horseshoe Bend in 2009. A /I ;s REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII In All Applicable Boxes Refievved byDirector Originator's Name: Mark Madfai Dept/Div. En sneer/Desi n Extension: 5521 Date Sent: ills 1a Date Required- li/ice i Return to- Nancy Yoshitake CONTRACT TERMINATION DATE: 5/31/13 VENDOR: AECOM Technical Services, Inc. DATE OF COUNCIL APPROVAL: 8/7/12 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for AECOM to provide structural engineering services during construction of the flood walls for the Horseshoe Bend Levee Pro]ect. For additional information, see the attached Council motion sheet. Zp1 Ke p61 All Contracts Must Be Routed Through The Law Department Received: ��>� ��� completed by the Law Department) Approval of Law Dept.: 'u�� EDECa 2012 Law Dept. Comments: K[E i1�� �A YEPT �® CITY OF HEtJT CITY CLERK Date Forwarded to Mayor: , l L) 6 Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: /4/ /Z_ Date Returned: