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PW18-418 - Original - AECOM Technical Services, Inc. - Upper Mill Creek Dam Improvements - 10/31/2018
i NTRecords Management Document i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5325, ❑ Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: AECOM Technical Services, Inc. Vendor Number (]DE): 1, Contract Number (City Clerk): f W I $ LA I Category: Contract Aareement Sub-Category (if applicable) (j ,;J( � i( _ Project Name: Upper Mill Creek Dam Imlprovements Contract Execution Date: Date of the Mayor's signature Termination Date: 12/31/20 Contract Manager: Steve Lincoln Department: PW; Engineering Contract Amount: 540.133.93 Approval Authority: ❑ Director ® Mayor ❑ City Council Other Details: Provide project management and support services for the construction of the project. "-f KENT wM 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 3"' Ave., Suite 1600, Seattle, WA 98101-1616, Phone: (206) 438-2605, Contact: Rod Denherder (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 project management and support services for the construction of 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, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Thousand, One Hundred Thirty Three Dollars and Ninety Three Cents ($40,133.93), 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 thirty (30) 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 negligent 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. Rec cla le 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. NQn-WftjygL_gLnfgacb. 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. Resnlu ion of Dds utes ar d Greve lixna._Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. if the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Coma)liance 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 Licen e 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. COUnteroarts gold Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: 4 _fC"°�,,"" 8y. . ram ' (signature) (signature) Print Name: Masood Mesbah Print Name: Dana Ralph _ Its Vice President Its Mayor (title) ,f / DATE:---10/26/2018 DATE:_ !_ o'k3/( i m _...._....................................................................... ._........................... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Rod Denherder Timothy J. LaPorte, P.E. AECOM Technical Services, Inc. City of Kent 1111 3rd Ave., Suite 1600 220 Fourth Avenue South Seattle, WA 98101-1616 Kent, WA 98032 (206) 438-2605 (telephone) (253) 856-5500 (telephone) (866) 495-1422 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: 54& Kent Law Department ATTE Kent Caty Clerk _ .............................. AECOM-Opp-MITI Crk Dam 3/Lincoln CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2, During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By _.....v For: AF.COM Title: Vice President Date: 10/26/2018 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY �I 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 ...... ...m... _-_....... --._..._For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A PROFESSIONAL ENGINEERING SERVICES UPPER MILL CREEK DAM IMPROVEMENTS SCOPE OF WORK September 18, 2018 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek Dam storage facilities was reviewed. "High" priority was assigned to these facilities because flooding of these structures may cause risks to public safety. AECOM provided engineering design services to the City of Kent to design and develop bid documents for raising the UMCD. This service resulted in Bid advertisement in June 2018, A contract is needed for AECOM to provide support services during construction. This document describes the scope of work for a new 2018 agreement between the City of Kent and AECOM. PROJECT WORK ELEMENTS The following tasks are included in the scope of work: • Task 1 — Project Management • Task 2 — Support Services Task 1 — Project Management Project activities will be managed' and coordinated and with the City meeting the goals, budget, schedule objectives and expectations for the project. Coordination with the City will be on a bi- weekty basis to ensure that these objectives are met. Progress, schedule, and budget will be monitored weekly during periods of work. 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 period of work 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 be responsible for the quality of our work and will conduct in-house quality control/assurance including 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, AECOM will prepare a project specific Safety Plan, applicable for site visits provided by AECOM staff. Al safety plan will not supersede either the City's construction safety requirements or the contractor's safety plan developed for this project. Assumption: Construction wilt take place during two construction seasons (two fish window seasons), with all applicable work requiring inspection and/or observation to occur in those time periods. Revised schedule is where construction is split, such as dam construction one year and the diversion structure/channel the next construction season. More than two construction seasons is not anticipated and may require an added level of effort beyond this scope of work. t Exhibit A Construction services for each construction season will be authorized by separate notices to proceed from the City. Task 2 — Support Services AECOM will provide Engineer-of Record (EOR) support for the project, including review of Shop Drawings and Request for Approval of Materials (RAMS) submittals for the project. The budgeted costs for these services are based on AECOM personnel providing assistance on an as-needed basis as determined by the Capitol Project Manager during each construction season (assuming 2 fish window seasons) from the time of Contractor Notice to Proceed (NTP), to completion of construction and closeout. This estimated duration could vary greatly depending on the contractor's proposed methods and schedule. Detailed scope of work and assumptions follow. Task 2.1 — Engineer-of-Record Support AECOM will provide Engineer of Record (EOR) support. This effort will include review of submittals for technical issues beyond the City's expertise as follows: a) Review Request for Approval of Materials submittals (RAMS) for technical issues beyond City's expertise. b) Review Shop Drawings for technical issues beyond City's expertise. Assumptions: • Review up to 24 RAMs. • Review up to 16 Shop Drawings. • AECOM will only review technical submittals that relate to AECOM's portion of the design. This may RFI reviews if budget allows. • This does not include site or field visits Deliverables: • Shop Drawings - reviewed with City provided review stamp, • RAMS — reviewed and signed. PROJECT ASSUMPTIONS Responsibilities of the City a) Responsible for contract administration and oversight. Provide CM oversight and approval authority for all construction activities. b) Responsible for construction inspection, testing, and verifying that all work meets the drawings and specifications. c) Responsible for coordinating Construction Observations as noted in the Project Work elements listed above and notifying DSO when construction is ready for observations. d) Process all contract documents through the City's approval process (e.g. CM services invoices, construction contract, monthly pay estimates, change order execution, cost reduction proposals, time extensions, etc.). e) Conduct schedule evaluation, monitoring, and evaluate Time Impact Analysis for changes. f) Provide utility coordination with third-party utilities under project specific or franchise agreements. 2 Exhibit A g) Lead the Pre-Construction Meeting including preparing agenda and all hand-out materials. City will prepare meeting notes and include a list of the questions asked and response/answers. h) Coordinate and schedule any public meetings required before, during and after construction. i) Provide operations & maintenance interface with other City Staff for ongoing project issues. j) Provide preliminary review of submittals, shop drawings and RFIs and reject all that do not provide adequate information or obviously fail to comply with the specifications and drawings. Provide only those submittals that require FOR review/approval to AECOM. k) Provide CM tools for Team use including: Project ROM; Project File Index, Inspector Daily Report, Change Order, Submittal tracking, Force Account Tracking and Payment Forms, 1) Develop "As-Built" (Record) Drawings at end of project and submit to Washington Office of Dam Safety. Responsibilities of AECOM a) AECOM Staffing levels are anticipated in accordance with the attached budget estimate and include: i. One part-time Construction/Project Manager (C/PM) for contract period as identified in contract (Note: C/PM is for AECOM's contract administration and not for overall construction project management). i. Engineering staff available part time from NTP until construction completion but not later than December 2020. b) AECOM scope of work for this task assumes that construction work is anticipated to begin in September 2018 and extend through October 2020 in two separate construction seasons. The labor hours proposed by AECOM are an estimate only and are subject to change based on the actual construction schedule and working hours of the Contractor. Should further field services be required, or should construction for identified work tasks run longer than this time period, and if costs to date exceed the approved budget., the City and AECOM will negotiate a.supplement to this Agreement. AECOM will provide the City with one months notice when the available budget will be exhausted at the current level of work. c) AECOM has the authority to shift budget between work tasks provided the overall project budget remains unchanged. d) AECOM is not responsible for performing any scope items listed under the corresponding subtask should All at the direction of the City not be on the project site. e) AECOM will not monitor the construction contractor's activities, and ascertain whether or not they are performing the work in accordance with the Contract Documents in areas not identified for observations or areas outside of scope of AECOM developed drawings. f) AECOM shall not be responsible for construction means, methods, measurement techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the Construction Contractor, any subcontractors, or for any other entity other than its own. g) In case of the presence of toxic or hazardous materials, if encountered, AECOM shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any foriin at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If AECOM suspects the presence of hazardous materials, they will notify the City immediately for resolution. 3 Exhibit A PROJECT BUDGET The budget estimate for this task is an allowance based on an assumed level of effort. The actual budget needed to provide support services under this task will be dependent on the construction progress and schedule. An amendment to this contract scope will be required if additional services are required that are not listed or are greater than assumed in the above scope. Any surplus budget for the RAM and Shop Drawing review and approvals may be used for construction RFI response(s). New employee hourly rates will apply for 2019 and 2020. ESTIMATED SCHEDULE The work under this scope is assumed to be completed by the end of December 2020. 4 i Je�D IeIPl unoH IFlol' �qu ----------------- uapulelul'wpk 90'L9f arl4da+•JISIDINOtlD 6B 9Z ti polaadeullDVD lappppe131 9pa3 pa.la es 9ctf paaulBuj"e MP a1314WM wpl BL'Z9tf IDDND .1m.l3l AelelS aneN t>BEZf m ieaulBu3llnp Pleld lNeR PB'9Ztf w w N111.aaulBu3 weD Yo uo9 1 BB 49Zf w O f• UBa41Bu3 4 laaDl 9B cB3 7 uotBugmd PP-1 OIlemiomisl m18uµeaj tilBY [CPBti �+ ^„I Op� -_----- . ._.._ �w YmmltluJ SBB...... Yd...... da(j Poq P9'Lu5 ;{ (a6ae4D PI Rdj.UPJ)1o4aplaj pal 99'c9Zf U K w n ffi � u� I 2 1° 4 F Jp C. ilY �rj U W n `o is um N 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 Liabilit _ 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. !Markers' 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. Automobi.l�e Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2, Commercial General Ligbility 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 wham 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 works. 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 °A�'MM1D°"YY'I �"�'"�` 0 917712 01 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIP CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICI' BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE, REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, tho policy(les) must have ADDITIONAL INSURED provlalons or be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of[he policy, certain policies may require an endorsement. A statement on this certificate does not confer rtl Ptts[o the certificate holder in Ileu of such sndoraemanrt(s). PRODUCER Marsh Rsk&Insurance Services .nnnep _. A License 00437153 777 South Figueroaueroa Street . .....- Los Angeles,CA 90017 .Apae.F54 Alin LosAnSTNO GAUCBnRequest@MarshINSDRER(l�grybRDIpND�OdNERACE _ NgIOa _ Cot 01348564 STNU-GAUE 1319 OB 2Ci6 MNsuRERA ACE gf*Ipnuan Insurance CorE all 2266. INSURED � _......_ ...... ...N/A"_ .. AECOM .INSURERS RdXA AECOM Technical Services,Inc- INSURER c y ..�Inuss Co InslarRnelu ., 27960 1111 Third Avenue,Suite 1600 G;O, --- - — ..........—.-..,._..,. Castle,WA 98101 INSuAerto Serf„AI(;vf�111 INSURER E dNSUREPo P COVERAGES CERTIFICATE NUMBER: LOS 002350793-01 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. BNSR.... ....- ......_._ —.... - ....---..... Affil Life TYPE OF INSURANCE S1ea Ppd,Ipb NUM ER MMYEDOPY rPlSUCY EX A " - LIMITS — A X COMMERCIAL GENERAL UAeWTY HDO G71093669 041012010 0410412019 EACHOCCU ooe3�aaur E 7 OCCUR b"AaACf TUACN 000000 MEDEXR�A CLAIMS MADE � x � — _ -...-.—.- r .._.....-.._.. _, EACHSEAdco ENCE $ 2,QQP0 9?" ...."._ PERSONAL&ADVINJIJR1 E 2,000,000 GENL AGGREGATE LIMIT APF'I ITS PER GENtdiq{,AGGREGATE E ?0001J00 X PODGY ❑nRa. II _ eEcr LJ LOc PRODUCTS COMPOP AGG s 2,000000 K]rhGLR. .._ .... .. _ A AUTOMOBILE LIABILITY I,iA 11P911v%'pLG IjACI'p1,1"/,'1018 0410112019 TOM IMCD$tlNW(F"LI—MI T $ 10G ' .%,,.. ANY AUTO ifo owitidl _. _ .... ----- OWNED SCHEDULED BODILY INJURY(Per Lemon) E .,.. ........ .._... ..Lemon)...._.."_. _.........:_. AUTOS ONLY AUTOS BODILYINJURY Reerecdtlenl) E HIRED _ NON-0WNED ,.....,Auros ONLY AUTOS ONLY 5 UMBRELLA LIAa - OCCUR EACH OCCURRENCE E EXCESS LIAR - . — __ <.LArMS MACME Af t HEGAIS It DEC), R17EN rNCNS _ D WORKERS COMPENSATIN _.. AN D EMPLOYERS'UASILEDY SFE ACOHU 1l1 l t V I " — YIN X uArUCE _ LR X. T OGE PeEMBEIx AR"I"NFR.I'EXE04!'hlVf S -- C)FPVJERIMInNet %41 UC}EO'i N NIA .EL FAOH ACCIDENT .E .. 2,000000 IMendptgry In NH) "-'-'-' AT(�ID, If yes tltech"under ',E L DISEASE E-AEMY LOYEr E 200000o C ARRCRIP71ON OF OPERATIONS belo-x -.... ° EL MLA99-POLICYLIMIT E Z�,0 CHITEC75&ENG. ""-N" -"- —018 - 0 EON G27664693 04f0112318 04/0172079 Per CIa7MA PROFESSIONAL LIAR, CLAIMS MADE" Defense Included DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLESLES IAICORD 101,Additional Ramarka Schedule,may be afloc Red N more apace le nqulretl) Re-Upper MITI Creek Dam City of Kent Is named as additional insured for GL&AL coverages,bur only as respects work performed by or on behalf of the named Insured and where required by Written Contract This Insurance Is primary and n cp�onVlbutory over any existing Insurance and limited to liabJdv arising out of the opera7ons of the named Insured and where required by written conrrad wllh respect to the GL&AL coverages. CERTIFICATE HOLDER CANCELLATION City of Kent Public Wanks Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 400 West Gowe THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORREDREPRESENTATIVE o/Msish Risk 8lnaurance Ssrvrcea James L Vogel ©1988-2016 ACORD CORPORATION ry . All rights reseed. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CNICIW564 LOC At: = � ADDITIONAL REMARKS SCHEDULE Page 2 of 2 LAGENCYTNAMEDINSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services Inc1111 ThlydAVanne,SU15 1600 Sealllo,WA 98101 .._.__..... NAIC CODE EFFECTIVE❑qTE'. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE. ( ertifcate of Liability Insurance 71 Workers CornpensatloNEmployer tiabilitywnt. Policy Gunder Insurer Slates Covered WLR C64788759 Indeninitylnsurance Companyof North America NAICk43575 ASS Ai C64788723 ACE American Insurance Company-NAIC 622667 CA and MA SCF C64799747 ACE Ariarism Insurance Company-NAJC922667 Wl Retro WCU C64788602 ACE Amerloan Insurance Company-NAIC it 22667 ON,Ohio Qualllled Sell Insured(QSI)-SIR.$500,W0;Only applicable to specific qualified entiees salGnsured In the state of Ohio ACORU 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks Of ACORD 3 POLICY NUMBER; ISA H25157229 Endorsement Number: 8 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 after 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 Endorsement Effective Date: ._......... _._�. SCHEDULE Name Of Persons)Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract or provided such contract was executed prior to the date of loss. Information required to complete this Schedule, [f not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Cowered 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 tl —Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 481013 C Insurance Services Office, Inc., 2011 Page 1 of 1 0 t" rP� IqP yyM+4n N PE a J $ 8tl 3 fit" Y C b Ji' g 9M B S,y qy� a 3 ;PLwu rate c� l g �g} 4� g � g A c2pgE as g u p a OW otS k x ogg`aa NoQ b n a a " m .. a 1 POLICY NUMBER: HDO G71093669 Endorsement Number: 5 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 Persons) _ Or Qr anizatlon�aj _ Location And_Description Of Compiebad 0pamatlorrs Any person or organization whom you have agreed to All locations where you are performing work for such Include as an addMonal Insured under a written additional insured pursuant to any such written contract. contract, provided such contract was executed prior to the date of lose. IMormation squired to complete this Schedule, if not shown above will be shown in the Declarations A. Section I) — Who Is An Insured is amended to S. WO respect to the insurance afforded to these Include as an additional insured the persons) 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 ury 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: Wormed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However. Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Lmits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured 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. 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