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HomeMy WebLinkAboutPW17-280 - Original - AECOM Technical Services, Inc. - Upper Mill Creek Dam Improvements - 08/30/2017 g� ymat qiKENT Document � /g e (e--- r s M a,n,,I �.` W R'SHOMGTOW � 6✓v CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission 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: ]D Edwards Number Contract. Number: UW 11— This is assigned by City Clerk's Office Project Name: U er Will Creek Dam Improvements Description: El Interlocal Agreement ❑ Change Order ❑ Amendment E Contract ❑ Other. Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Lincoln Department.: Engineering Contract Amount: $114,554 18 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide design and permitting services for the project As of: 08/27/14 KENT W�9 wiworn. 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 California, located and doing business at 1111 3rd Ave., Suite 1600, Seattle, WA 98101-1616, Phone: (206) 438-2351, Contact: Jeff Walker (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 design and permitting services for the Upper Mill Creek Dam Improvements 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fourteen Thousand, Five Hundred Fifty Four Dollars and eighteen cents ($114,554.18), 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; 12rovided, 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. IE. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Faxor Email. This Agreement may be executed in any number of counterparts, each of which shall constitute a,n 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: --7 By: By: (sign, urq) !Ne' (signatu 'j- let re) Print Name: Print S te Cooke Its Its '-Aayor (title) DATE: -tl DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF SCENT: Jeff Walker Timothy J. LaPorte, P.E. AECOM Technical Services,, Inc. City of Kent 1111 P Ave., Suite 1600 220 Fourth Avenue South Seattle, WA 98101-1616 Kent, WA 98032 (206) 438-2351 (telephone) (253) 856-5500 (telephone) (866) 495-1422 (facsimile) (253) 856,-6500 (facsimile) APPROVED AS TO FORM: 6k&2f Kent Law Department AECOM-Upper Mill Creek Dam 2/txicaln 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 fallowing Howing 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 1, 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 Contractqr complied with the requirements as set forth above. By signing below, I agree to fulfill th five requirements referenced above. By: For: Title- Date: 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 PROFESSIONAL ENGINEERING SERVICES UPPER MILL CREEK DAM IMPROVEMENTS SCOPE OF WORK July 26, 2017 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to these facilities because flooding of these structures may cause risks to public safety, major roadway transportation, emergency vehicle access, the business community, and water quality. Under this scope, AECOM will assist the City with remaining design elements in order to receive the dam safety permit. PROJECT WORK ELEMENTS The following tasks are included in the scope of work: • Task 1 —Project Management • Task 2— Dam Design and Outlet Works • Task 3—Diversion Design • Task 4—Specifications • Task 5—Electrical Design for Dam and Diversion • Task 6—Construction Cost Estimates • Task 7—JARPA Permit Support • Task 8— Dam Safety Support Task 1 — Project Management Project activities will be coordinated and directed with the goals of completing all work within budget and schedule and to meet or exceed City objectives and expectations. Coordination and liaison with the City will be on biweekly to ensure that these objectives are met. No in-person coordination meetings are anticipated. Progress, schedule, and budget will be monitored weekly. Invoices will be generated every four weeks. Monthly progress reports will be completed as cover letters for invoices. They will summarize work completed during the performance period and show used and available budgets. Potential out-of-scope items will be addressed after being reviewed for their viability and impact to the project. AECOM will conduct in-house quality control and technical reviews for all AECOM deliverables prior to submittal to the City for comment and review. In-house review will be documented for all submittals. Work includes project management scope and budget through December 2017. Deliverables: • Monthly status reports/invoices. 1 Exhibit A Task 2 — Dam Design and Outlet Works This task includes design of the dam improvements and outlet structures. Design work is based on new information from the City regarding existing utilities within 104th Avenue and permit- related comments from the Muckleshoot Tribe and the Washington Department of Fish and Wildlife. Work elements are summarized as follows: • Task 2.1 —Revisions to the principal spillway outlet vault and culverts related to regulatory review comments. Changes to the outlet structure due to permit related comments included providing fish exclusion from the 10-year storm event. This resulted in the following work: A. Hydraulic Analysis: ■ Calculations to determine the water surface elevation for the 10-year storm at the location of the stilling basin on the west side of 10401 Avenue. ■ Calculations to size and design tideflex check valves for low flow discharges from the stilling basin and modify the stilling basin height. • Task 2.2—Revisions to the configuration of principal spillway outlet pipe to avoid known utilities and avoid excavation of existing dam footing. Revisions to the configuration of emergency spillway structure to add stairs for access. A. Structural design associated with making vault deeper to accommodate stilling basin hydraulics. Revise structural design to include vehicle loading of the vactor truck. Update vehicle loading information. B. Construction plan revisions to principal spillway and emergency spillway. • Task 2.3— Revisions to the configuration of the principal spillway outlet culvert to avoid the existing 36-inch diameter water transmission main line beneath 104�h Avenue. Work needed to complete the design revision includes: A. Hydraulic Analysis ■ Revising the Principal Spillway Culvert Flow Routing Calculations (note this is also needed for Task 3, but will be completed in Task 2) ■ Revising the Stilling Basin Hydraulic calculations (note the top of the stilling basin may need to be raised in elevation to allow for adequate hydraulics; this needs to be refined) ■ Revising air vent, gate, and trash rack calculations • Checking overflow conditions (west of 104th Avenue) when water flows out of the top of the stilling basin B. Structural Analysis ■ Stilling basin structure and grate revisions ■ Adding casing for sewer line C. Construction plans ■ Revise sheets S06, SOT S08, S09 & M03 ■ New sheets S18 and S19 of reinforced sections for stilling basin • Task 2.4—Debris cage: structural design —Work to include: A. Structural calculations B. One drawing sheet • Task 2.5— Independent Technical Review— overall review of design, drawings, and specifications by independent Senior Dam Engineer Deliverables: Revised/final design calculations will be provided as attachments to the Final Dam Safety Report. 100% and Issued for Construction (IFC) Construction Plan drawings. 2 Exhibit A Task 3— Diversion Design This task includes design of the diversion structure, fish ladder system, large box culverts and related wing walls that tie the box culverts to the diversion structure and diversion channel. Revisions to the design are needed to site the diversion structure (laid out and provided to the City in 2013) within City-owned property or within a City easement. Also, design changes are needed to address regulatory comments provided on November 29, 2016. Changes in the design have caused some of the dam hydraulic calculations to require revision as well as calculations prepared for the Dam Safety report. • Task 3.1 — Revise diversion structure layout to fit within City property/easement. A. Layout—A brief alternatives analysis to determine the best configuration of the diversion structure. Deliverable to include sketches and brief summary submitted via email. B. Hydraulics— Revised hydraulic calculations are needed because the elevations and weir heights and lengths changed. Affected calculations include: • Diversion structure hydraulic design calculations ■ Dam Safety flow routing calculations ■ Dam Safety Report updates needed to reflect calculations C. Construction plans: a. Revisions to sheets S13, S14, S15, S16, S17 Task 3.2— Revise Diversion Structure to address regulatory comments related to fish screen height and the addition of adjustable weirs. A. Hydraulics— revised calculations included as part of Task 3.1 B. Structure Design of adjustable weirs C. Construction plans: ■ New details for adjustable weirs are needed — M07 ■ The gate design needs to be modified to work with the adjustable weirs Deliverables: • Revised/final design calculations will be included in the final Dam Safety Report. • 100% and IFC Construction Plan drawings. Task 4—Specifications Work associated with this task includes adding specification language regarding: • Task 4.1 —Revising specification language regarding stainless steel adjustable weirs, and modifying gate size. Task 5 — Electrical Engineering Design Work associated with this task includes revisions to electrical drawings in response to new information and requests from the City. • Task 5.1 —Revise diversion structure layout to fit within City property/easement. The additional electrical work includes adjustment of conduit, stilling wells, and control panels. • Task 5.2 —Change in gate size (due to variable weir required by agencies) and update actuators. • Task 5.3—Quantities. The original estimate assumed the City would provide quantities. 3 Exhibit A • Task 5.4— PS Vault changes affecting stilling well and conduits. Coordination with Kent on cutting existing Lift Pump Station slab for new conduits and adding to specifications. Task 6 — Construction Cost Estimates Work associated with this task includes developing quantities (the original scope assumed that the City would provide construction quantities) and including the estimates for adjustable weirs, which were not anticipated. In addition, the revision to the stilling basin and new grate on top of the stilling basin requires design quantities and a cost estimate. Task 7 — Support for JARPA Permitting Work for this task includes tributary analysis requested by the Muckleshoot Tribe and USACE. The goal of the analysis is to determine the length of"fish habitat" stream channel in each of two tributaries behind the Upper Mill Creek Dam. • Task 7.1 —Tributary analysis. The analysis includes review of data provided by the City and the available from King County. Deliverables include a memo describing results and methodology and three associated figures showing the tributaries, gradient, and reach breaks. Task 8— Dam Safety Permit Support Revisions to the diversion structure and principal spillway require including updates to the dam safety report and additional coordination with the Ecology Dam Safety Office. ESTIMATED SCHEDULE The work under this scope is scheduled to be completed by the end of December 2017. New rates will apply for 2018. 4 V 3 m m O C O G P D O 3 nmDF C>mDda x WDC)rPD D3o � = O ry12 W t72 r j0 NnNNn N2 o.N w N =c j g s v � aN Qao A 1 op ;n. 2A. 2rc aW iv o N � ^+ ¢m �o3i n m » c m 4 w i e $.m.cwm _^ I .< 2 �m1 _o ARE 5.m5.am 8ou 32 aa c > � �n 0 Ommm e m e m o O m . 0 m O m m m m m ro a 0 5. ua mg a" to w n el rp N > > m y j•0 °" m mo B v -:c c Imo u n oc 2 uo 0.9 » a m - 'n v m »¢ c 2 vd o m 3.0- 5 5 $ m m$'i oZ_ io 0 C mC C H cr W 3 E 0» c c O O C] -fir 09 m n n • m O Ip Y O x 7 n N< m W S W S236.94 N $83-10 Jim Fillis(Principal in Charge) m w y $131.13 •+ $46.01 Joff Walker(PM) ip N A A A m A m m m S1T5.58 $61.61 Carta 7alich(Project Engineer) C N ro ro O O N A O N m p N m N J $168.9S N $59.28 od DenHerder(Project Engineer) M in 3 N r. a $250.80 N $88.00 onior Dam Engineer(ITR) m A a mmm Mxz $183.66 N $64A4 odd Parkington(Gsotachnical E 0 D y;D D 3" $192.38 N $67.60 ohn Lostra(Quantities) r A m O M m $160.00 N $66.14 erry Fearrington(Structural) in m Z N � t0 $236.82 N $87.71 Dave Staley(Electrical QA1QC) N O $167.78 ... $66.87 Torn Merritt(Electrical Engineer) �i $131A2 N $46.25 Efren Escarez(Electrical CAD) m N S1112.24 N $39.38 aul Hamidi(Watlanda) N $106.88 N $37.50 Michael Inman(GIS) w $245.67 N $86.20 Ty Bardwoll(Senior Construction en w S176A5 $61.91 Shoaib Akram(Construction Mang N o o m N a $114.00 N $40.00 DDfGISlGraphics m w rN„ $79.80 ^+ $28A0 Administration IN, a D O V OWu m N V d N m p N A O N tT V VFetal Hours M N tl1 N M N b l N M M M N N M H I a M M M Total Cost m O W W N WN W N N w N+ A m A N W N m m N W m N� OI N T N 0 0 0 A O N N O Y V V '6 o 700o oe A 3 g g g 1203 IN301 a w w w w w w w w w w w w w w w w n wnoH lelo UOIZBJISIUIWPV WOES c4 09.61S o ry aatytle+ofSlolQOV 00'O/f C4 Oo'/LLs m �' a ausW u01lan1auoo)wa+MV 41a04 l6'1,911 "l 91'91.13 o u04an4suoo+olue3)Ilemp+eg AlOZ•99S '•+ L9'91ZS o 1510)uawul 199401 09'LCS O1 89.90LS m m (spuepam)lPlweH InIld OC'BCS VE'UtS o 0 (OIVo leal43013)xo+aa23 u*qa Wol's (4 Z8'IELs (+0eulBu3leaul2013)III+WaW wo.L 1.9'99S 9L'18LS m m w m n 0 (3ofvo lea as Ra c4 !+1 131 IBIS one GL'LBS "! 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OL'CBS ,j 18'9EZS n s o s a 8 0 $ ~ 8 p 27 R fs ti 9 m 9 3 R y _h N J W N aR C J J C j a O R p L a a b O SL N N u 0 c a E O C n p yy R «Z o a} ma' y UOa t) � NF a W o I L I uo Zvi vi vi vi uTi d� .R. y Y N~ W~ ��� �� ��a o °o m V W p A O p C O n ,a g EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACo CERTIFICATE OF LIABILITY INSURANCE Doei2412017 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(les)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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: _ Marsh Risk&Insurance Services --- CA License#0437153 �C-No._Ext);.--- _.—___._ ._ EVAc Not: _ 777 South Figueroa Street E-MAIL Los Angeles,CA 90017 ADDRE"i___J Attw LosAngeles.CerlRequest@Marsh.Com INSURER(S)AFFORDING COVERAGE _NAIC_q_ 06510-STND-GAUE-17.18 _ 08 _ 20_18 INSURER A:Zurich American Insurance Company 16535 INSURED ECOM INSURER B:NIA NIA AECOM Technical Services,Inc. INSURER C:Illinois Union Insurance Cc 1127960 1111 Third Avenue,Suite 1600 INSURER D:SEE ACORD 101 I Seattle,WA 98101 —-- INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002350793.02 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDrYYYY POLICY LIMITS LTR A X COMMERCIAL GENERAL UABILITY GLO596589109 04/01/2017 04101/2018 EACH OCCURRENCE s 2,000,000 CLAIMS-MADE 7X OCCUR DAMAGET RENTED X I PREMISES Ea occurrence I$ 2,000,000 MED EXP(Any one person) S ,000 iPERSONAL&ADV INJURY $ 22,000,00002,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JET LOC PRODUCTS-COMPlOP AGG $ 2,000,000 S OTHER: A AUTOMOBILE LIABILITY BAP 5965893 09 04/01/2017 0410112018 rEa ac ae�tsINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED I BODILY INJURY(Per accident) S AUTOS ONLY PAUTOS PROPERTY DAMAGE HIRED NON-OWNED i $ AUTOS ONLY t�f AUTOS ONLY Per accident II I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION i SEE ACORD 101 O110112018 X STATUTE ERH AND EMPLOYERS'LIABILITY Y f N ; 2,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE �!N!A E.L.EACH ACCIDENT S OFFICERIMEMBEREXCLUDED? 2,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C ARCHITECTS&ENG. l EON G21654693 04C12017 04/01/2018 Per ClaimlAgg 2,000,000 PROFESSIONAL LIAB. 'CLAIMS MADE' Defense Included DESCRIPTION OF OPERATIONS 1 LOCATIONS r VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re:Upper Mill Creek Dam City of Kent is named as additional insured for GL&AL coverages,but only as respects work performed by or on behalf of the named insured and where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to the GL&AL coverages. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 9BO32 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services James L.Vogel ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 06510 LOC#: Los Angeles ACOPR o® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services,Inc. POLICY NUMBER 1111 Third Avenue,Suite 1600 Seattle,WA 98101 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 Workers Compensation/Employer Uability cont. Policy Number Insurer States Covered 0910715 The Insurance Company of the State of Pennsylvania-NAIC#19429 OH,Ohio Qualified Self Insured(QSI) 014629409 The Insurance Company of the State of Pennsylvania-NAIC 019429 FL 014629410 The Insurance Company of the State of Pennsylvania-NAIC#19429 ME 014629408 The Insurance Company of the State of Pennsylvania-NAIC 019429 MA,NO,OH,WA,WI,WY 014629406 American Home Assurance Company-NAIC#19380 CA 014629407 The Insurance Company of the State of Pennsylvania-NAIC#19429 AK,AL,AR,A2,CO,CT,DC,DE,GA,Hill,IA,ID,IL,IN,KS KY,LA,MD,MI,MN,MO,MS,MT,NC,NE,NH,NJ,NM,NV, NY,OK,OR,PA,RI,SC,SD,TN,TX,UT,VA,VT,WV ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AECOM and Its Subsidiaries BAP 5965893-09 Eff 04101/2017 A/DI1 POLICY NUMBER: BAP 5965893-09 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under 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 by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured., AECOM and Its Subsidiaries Endorsement Effective Date: 04/01/2017 SCHEDULE Name Of Person(s)Or Organization(s): Only those where required by written contract. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.Z. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 a •E m� O m o N V m CM C mm _p NjN G_ G RL° }b N mE m m N `p asC mp N L V i0 '�- s N m Q aEa m 5 m CC- 12 m " m aEo m' N-•- � r ro m V SEA °L E L-�- -��g 8 g�E o ur`� �. .J pa,.n w -Dp N L�.. V•�D.$ ¢ Npl ti a F^ a O b=u 6O--� Lm" �Vro N ol m� Oa tL Nam ro �3;,E,'.- 3av�e m Jry J Y. G - Gpzm� �GONO� IL g _ C. ° aV LL. �� m o a-3 f� i0`� �cm occ 0 � •b�a w Q LLJ O ro Z5 8-0 mo �� E�Bo�g �'F�� m ° gg rnN a WaCf) a �_ m� L� �AaELM Er, w W W s C $ m E m 0"m P N z O. SS Cc JW O . EumibSftl U Weels O -=O'6�ro NN N a (/f�) O dnf w mam E p mt e_�i 6.Pa L�p�Q O W r.0ro LLJ N N A nY C G O. z. �1 N a WJO 3 tp� wFL- SiEo� FL e�M �0~ c 3m �HF � ev w o OWN_ o Q o m a � W I (1Z = W C=] N 9�G=•Z" S $u, Ch` `-'L_� �� y °LIO 'R a o 6 d a to ES m C7 �Np m Id-2' $ to � m a `CQ cL� t ' ro$ S O = Vz0 m TR� �y V (/1 �y� O •pCb�� ON �y��`jO� C m U J/1 `a = D O LO O^ -per Lcr u y big m ego E am.-„- o m Q m W 0 m:;g G H oN ron ?7pam roam m OF- o w �O 'a ° o °m b E E° °'� mo 'mar,= Z tip t -nm p } �m a o C7 p I_' E a_ $ 0 0 5 o rob$ 02 mammgN W DO S O of ro CEO 71 O1 m Z O •nR 5_ W Q� N ¢ E 3 -mbw, gc°oN z N Q $ 2 m 4 4acTm om m--.m E wow U m RI u'30 a Na cJ St mo = ev w< C20 a H a POLICY NUMBER: GLO 5965891-09 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 GIAIC01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ONLY THOSE WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule,if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III-Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: perlormed for that additional insured and included in the"products-completed operations hazard". I. Required by the contract or agreement; or However: 2. Available under the applicable Limits of Insurance shown in the Declarations; I. The insurance afforded to such additional insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured Limits of Insurance shown in the Declarations. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page I of I REQUEST FOq yAYUR'S SIGNATURE ertu�cq�,eo rao� �p. gnaWr 5�e4e Wljj0l �efong naror),SSSZw my YosM1 cake n6ate �2/�11 ARGOMTe ca SeNces rc FFn ne4 ]��{J�,�7 cn o:�aa �0��4,lvamne,, D?C1021 ';;� meawcneJ sm�as Gov ae a��g a ,mn �9 se�. f� ror me uppe� M IC 6 mlmproveme is prd7ece fwd N'gars ° � uuwe.. er �m � ti e rah 4^% Agenda Item: Consent Calendar - 7F KENT W"Si'�"C'tcN TO: City Council DATE: August 15, 2017 SUBJECT: Consultant Services Agreement with AECOM for Upper Mill Creek Dam Improvements - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AECOM in an amount not to exceed $114,554.18, for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Upper Mill Creek Dam Improvements Project will decrease flood risk in the Kent Valley. When complete, the improvements will' provide significant reduction of flood risk in the downtown business district, including Kent Station, James Street, Smith Street, and Central Avenue. Improvements to the dam's diversion structure will also open Upper Mill Creek to re-habitation by salmon. Near the final phases of design, the U.S. Army Corps of Engineers permitting process established many conditions for the project. The conditions necessitated design changes to the project and added an entirely new condition of required stream channel mitigation work, This Agreement will complete the design modifications and stream channel mitigation design with a goal of construction in 2018. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: Funding for this contract amendment will come from already budgeted drainage utility funds and grants from the King County Flood Control District.