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HomeMy WebLinkAboutCAG2019-460 - Original - AECOM Technical Services, Inc. - Upper Mill Creek Dam Improvement & Diversion Structure Replacement - 11/08/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Steve Lincoln Department., Public Works Date Sent: 11/6/19 Date Required: 11/13/19 R > Authorized Director or Designee Date of 0 11/5/19 Q. to Sign: Council Ra Mayor Approval: Budget D20021 Grant? Yes No Account Number: Type: N/A Vendor or Name: AECOM Technical Services, Inc. Cate 9 v: Contract Vendor 34885 Sub-Category 0 Number: MProject Upper Mill Creek Dam Improvements & Diversion Structure Replacement E Name: 0 c Project Provide project management and construction support services. ,. Details: c d Agreement Basis for 0 Amount: $74,290.35 Selection of 41 Contractor: Q Start Date: Mayor's signature ,e-/ Termination Date: y g // � 12/31/21 Notice required prior to Yes No Contract Number: disclosure? Date Received by City Attornek EC C'V C Comnr"__C EC IVE'D 0 a, City of Kent Office of the Mayo KENT LAW DEp D11 Date Routed to the Mayor's Office: 'vt d Date Routed to the City Clerk's Office: / Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT 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 Third Ave., Suite 1600, Seattle, WA 98101, 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 construction support 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, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Four Thousand, Two Hundred Ninety Dollars and Thirty Five Cents ($74,290.35), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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: By: (signature) (signature) Print Name: Neil H. Harris, PE Print Name: Dana Ralph Its Vice President Its Mayor (title) DATE: 29 October 2019 DATE: I 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 Third Ave., Suite 1600 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 438-2605 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTE T: Ken'tEky Clerk AECOM-Upper Mill Creek Dam 5/1-incoln 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: For: Neil H. Harris Title: Vice President Date: 29 October 2019 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 September 25, 2019 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek Dam (UMCD) 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 to design and develop bid documents for raising the UMCD. This service resulted in a Bid advertisement in June 2018. A contract is needed to provide additional services to the City during construction. This document describes the scope of work for an agreement to provide construction support services from the fourth quarter of 2019 through the end of 2020, with possible post-construction items occurring in 2021. PROJECT WORK ELEMENTS The following tasks are included in the scope of work: • Task 1 — Project Management • Task 2 — Construction Support Task 1 — Project Management Project activities will be managed and coordinated with the City meeting the goals, budget, schedule objectives and expectations for the project. Coordination with the City will be on a bi- weekly basis to ensure that these objectives are met. AECOM will notify the City when it is within two months of exhausting the budget to provide adequate time to execute an amendment. 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 design submittals. AECOM is required to have an approved, project specific, Safety Plan, applicable for site visits by AECOM staff. Assumption: Construction is expected to take place during two construction seasons, with all applicable work requiring inspection and/or observation to occur in those time periods. Due to abnormally wet summer weather in 2019, the work on the Upper Mill Creek Dam Improvements will be required to extend into 2020. Construction services for each task and construction season will be authorized by separate notices-to-proceed from the City. 1 Exhibit A Task 2— Services During Construction AECOM will provide Engineer-of Record (EOR) support for the project during construction and provide observations for construction of structural concrete, earthfill for the dam (including MSE wall), excavation work for vaults and culverts, and electrical/communications. The budgeted costs for these services are based on an estimated construction duration of 6 months (27 non- consecutive weeks) of full time work extending to the end of 2020 and periodic assistance from the time of contract date to completion of construction and closeout. Some minor construction closeout items may occur into early 2021.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 during construction. This effort will include the following elements: a) RFI(s) - Respond to contractor's Request for Information (RFI) that are design related requiring FOR review/approval. This may include revising drawings, answering questions, and/or providing other information. b) Review and approve proposed design changes from either changed site conditions or other construction changes, including material test result issues/failures. c) Review and approve design changes requested by contractor's value engineering proposals or request for alternative or deviations to material specified. d) Coordinate with and provide other engineering support, including but not limited to Geotechnical and Electrical Engineering, to City staff(assume telephone support and/or site visits as listed below to confirm design assumptions and answer questions). This does not assume re-design. e) Coordinate with Washington Dam Safety Office (DSO) during DSO construction inspections. The City shall give prior approval for AECOM site visits by design and/or Geotechnical EOR(s) during DSO inspection(s). f) Review and respond to submittals and shop drawings. Assumptions: • Respond to RFI(s) and/or submittals and shop drawings. Revise drawings as part of the RFIs, with minor revisions only. No new drawings will be developed. City will print, copy and distribute revised drawings and RFI forms • AECOM will only review technical submittals that relate to AECOM's portion of the design • Site visits conducted by Electrical FOR shall be as requested and/or approved by the City • Site visits conducted by design and/or Geotechnical FOR (RFI review) shall be as requested and/or approved by the City • AECOM shall have the City's approval prior to visiting the site • A brief Site Visit Report will be provided for each site visit Products: • RFI forms as required • Revised drawings • Submittal review and response ■ Site Visit Report with photographs for each visit 2 Exhibit A Task 2.2—Construction Field Services AECOM will provide construction field services, as requested by the City, associated with this agreement between AECOM and the City. This effort will include the following elements: a) Make site visits and conduct project reviews for the quality of services provided by AECOM and consistency with AECOM's project safety and quality plans. b) Provide regular communication with team members including key stakeholders identified by the City. Assumptions: • AECOM will combine site visits with observations listed below where possible • Physical attendance by AECOM at weekly or other periodic construction meetings with the City and contractor is not required. Teleconference attendance may be requested by the City • A brief Site Visit Report will be provided for each site visit Products: • Site Visit Report with photographs for each visit Task 2.3 —Observations Provide the services of an Engineer or construction observer for the Project who will provide specific observations based on the Dam Safety inspection plan or as listed on Sheet S01. For each day present on site, the Engineer or construction observer shall observe construction activities and specific areas as listed below. By providing construction observations, AECOM shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and City any known safety concerns immediately. a) Observe material, workmanship, and construction for compliance with the Contract Documents and applicable codes and notify City of noncompliance. b) Prepare a Site Visit report, recording the construction contractors' operations observed while AECOM is on site. c) Interpret plans, drawings, specifications and other contract documents, in coordination with Designer. d) Provide photographs taken during the observation of the construction. Photographs will be in digital format and cataloged by date and included with the Field Report. Construction observations will be conducted on an "as requested" basis in the following areas, including, but not limited to: a) Foundation for vault, stilling basin, fish ladder, diversion structure and box culverts b) Condition of dam footing c) Geomembrane/geotextile installation around 4x4 box culvert and start of MSE wall d) Rebar in forms and forming prior to first concrete pour for foundations for the vault, stilling basin, fish ladder, diversion structure, or diversion channel e) Anchor bars drilled and epoxied into ecology block dam face f) Anchors drilled and epoxied into dam face and fish ladder/diversion structure for attachment of debris cage, trash rack, fish screens, weirs, walking platforms, and handrails g) Rebar in forms and forming for dam face prior to first pour h) Rebar and forms for parapet walls 3 Exhibit A i) Rebar and forms for Auxiliary Spillway j) Installation of articulated concrete mats for the spillway outlet Assumptions: • Provide site visits as listed above when requested by the City • A brief Site Visit Report will be written for each site visit Products: • Site Visit Reports with photographs for each visit. Task 2.4—Project Closeout AECOM will provide the following closeout assistance to the City as listed below: a) Punch list. Participate in the Project's final inspection and assist in developing a list of any remaining deficiencies. Products • Daily Reports for each day on site providing construction observation services— 1 set in pdf format. • Construction Photographs — 1 set in electronic format. 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. g) Lead Construction Meetings including preparing agenda and 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. 4 Exhibit A 1) Develop "As-Built" (Record) Drawings at end of project and submit to Washington Office of Dam Safety (The City may request an additional agreement with AECOM to prepare As-Built drawings for those drawings produced by AECOM and bearing the PE stamp and signature of AECOM personnel). Responsibilities of AECOM a) AECOM staffing levels are anticipated in accordance with the attached budget estimate and include: i. One Construction/Project Manager for contract period as identified in contract, to manage work as directed by the City. ii. Structural, Geotechnical, Electrical and/or other Engineering staff and other support staff(CAD) will be available, as needed, for FOR and RFI assistance/support from the contract date until construction completion but not later than December 2020. b) AECOM will provide construction observations as required to correlate design assumptions, meet DSO requirements, and check RFIs as indicated above. The observer(s) will not be able to observe or report on construction activities, or collect documentation, during the time he/she is not on-site. c) AECOM scope of work for this task assumes that construction will proceed at least through October 2020. At a minimum the contract should extend through the end of 2020. There is a possibility of minor closeout items occurring in early 2021. 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 two (2) months' notice that the available budget will be exhausted at the current level of work. d) 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. e) 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. f) In case the presence of toxic or hazardous materials is 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 form 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. 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, number of submittals and/or RFI(s) 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. ESTIMATED SCHEDULE The work under this scope is assumed to be completed by the end of December 2020, with the possibility of minor closeout items occurring in early 2021. 5 a o M o n n lSOO lela w w w w w w q m M V SrnOH le;ol v a m omi a u04ejlslulwp 00'06$ u Oi;eAs!ulwpVJOlus 00'S£t$ ``' o o 'o sa!4dejE)/S19lOOV011el 00'96$ o 0 0 0 sz)!ydejE)/SI`JIO4V3 peal 00'S£L$ o m m m N N N (joloadsulloVO leolaloal3) — zaJeos3 uw43 lE'04l$ o rn rn OoawBu3 le3!jloal3)lll»oW w01. 8L'L%$ o o 0 0 w (onvo leo!j;oa13)6a1e;S ane0 6LCOHZ$ o uj co co N z O iaaulBu3 Ple!dlNel 00'Kb $ O N N N U � Q Z O (all)Je8ulBu3 wed JOIUOS £l Z6Z$ o m m m 0 CL 0 — w (JaeulBu3 leoiuyoaloaEy"Js)a. ...� p w wne911eM snMjeW OS'ZOZ$ Y �wi w jaau!6u3 1ejnl3nj;SlWd 11 w o U uolUeo wep 96'9bt$ v N J_ (IejnlonuS)uolBulijea3 kjaN 46'M$uj o 0 0 0 0' a D 89u!6u3;3afad/Wd)JepJaHuap pOb LT693 N rn ol (efueyo ul iedloupd)jayspia3 pal £l'Z6Z$ m of 3 � N f- y� � O O1 N 0 y Y N F- rn Q m a m o c it o E O a C 2 n s a o o c o H V p 0 A a o n T Au u p n0 of U a N Q U v N UJ j y 0- n P W ._._.. ._ .._........._ ...,.., �O K WN U < o 0 0 m m 6 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 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. ' ; i.O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD YYYY) i�� 04/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS `RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .LOW. 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 holderlis an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk&Insurance Services NAME: CA License#0437153 A/CO NE No FAX No): 633 W.Fifth Street,Suite 1200 E-MAIL Los Angeles,CA 90071 ADDRESS: Attn:LosAngeles.CertRequest@Marsh.Com INSURERS AFFORDING COVERAGE NAIC# CN101348564-STND-GAUE-19-20 10 2020 INSURER A:ACE American Insurance CoMany 22667 INSURED INSURER B:N/A N/A AECOM AECOM Technical Services,Inc. INSURER C:Illinois Union Insurance Co 27960 1111 3rd Avenue,Suite 1600 Seattle,WA 98101 INSURER D:SEE ACORD 101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002410226-05 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 ADDLSUBR LTR TYPE OF INSURANCE POLICY NUMBER MM DDYYYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G71234137 04/01/2019 04/01/2020 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 2,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY D PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ UTOMOBILE LIABILITY ISA H25280532 04/01/2019 04/01/2020 COMBINED SINGLELIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACHOCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ D WORKERS COMPENSATION SEE ACORD 101 4 / 04/01/2020 X STATUTE ORH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N NIA (Mandatory in NH)If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS bet ow E.L.DISEASE-POLICY LIMIT $ 1,000,000 C ARCHITECTS&ENG. 7NG693 005 04/01/2019 04/Ot/2020 Per Claim/Agg 2,000,000 PROFESSIONAL LIAB. DE' Defense Included DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re:AECOM Project No:60590985: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 220 Fourth Avenue South SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kent,WA 98032 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services I 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: CN101348564 _ LOC#: Los Angeles ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk&Insurance Services AECOM AECOM Technical Services,Inc. POLICY NUMBER 1111 3rd Avenue,Suite 1600 Seattle,WA 98101 CARRIER NAIC 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 Liability cont. Policy Number Insurer Stales Covered WLR C6589323A Indemnity Insurance Company of North America-NAIC#43575 AOS WLR C65893150 ACE American Insurance Company-NAIC#22667 CA and MA SCF C65893198 ACE American Insurance Company-NAIC#22667 WI Retro WCU C65893393 ACE American Insurance Company-NAIC#22667 OH,Ohio Qualified Self Insured(QSI)-SIR:$500,000;Only applicable to specific qualified entities self-insured in the state of Ohio ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 72 POLICY NUMBER: ISA H25280532 Endorsement Number: 4 COMMERCIAL AUTO CA20481013 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 Endorsement Effective Date: SCHEDULE ----------- ame Of Person(s)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 . _T to ormation required to complete this Schedule, if not shown above,will be shown in the-D-_eclaration____ s. 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.1.of Section it—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 48 10 13 ©Insurance Services Office, Inc. 2011 Page 1 of 1 = N U 8 m a� c c N y �Jy N y $®o 0 s L m a O ° m c 4 So a = ms � V d G N A� c v is n b a U LL O C 2 o -oy Pa • aTo. E - c n y Z x m cfiadc75 � Yto`oo° m.;u DE o C7 �p (9! 020gg U)U) W �� l m: c' y x �mLT nCi° '92 f K .jW Oil$ �'.. `u E o"d0.5 sc... (n F d t u co oW�YUJ� a. 1.l O O W ° (_ 51 I c. EO U d _ X a---- � g w Z r UJ om0 �, �o o W E y gcg a= a'S '.� DQg� c u 4.re v ��.5 rE Y Z cn }o O ^ Z o Z V N ' ca oor. g: cNCEa cao h W Q Q C QQJ N•C:_. p W E W oa�OPov pE <cL��n,5$ �o po oc�°-°uv p (/J O T ;t 2 �y p U C o y ° y°i. g c N O N . v 9 v r 0 ib. w .a `om 8 aLF, c n m O f• E C� a0'idm°6 d' L$.72 250 �O jr v r $ z Z iv°� ES? � � '° iqm �A t�3 g51.'.e_ve g J . O 0;UE rr.n yd. zor._ro �$ r 48 POLICY NUMBER: HDO G71234137 Endorsement Number: 87 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Or anization s g ( ) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such additional include as an additional insured under a written insured pursuant to any such written contract. contract, provided such contract was executed prior to the date of loss. i i 4 3 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 "property damage"caused, in whole or in part, by If coverage provided to the additional insured is your work" at the location designated and required by a contract or agreement, the most we described in the Schedule of this endorsement will pay on behalf of the additional insured is the performed for that additional insured and amount of insurance: 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 Limits 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. CG 20 37 04 13 C)Insurance Services Office, Inc., 2012 Page 1 of 1 Vs unube .rFy:> ENT W*, N C,1 1,­ DATE: November 5, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with AECOM Technical Services, Inc. for Upper Mill Creek Dam Construction - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AECOM in the amount not to exceed $74,290.35 to provide engineer- of-record support services for construction of the Upper Mill Creek Dam, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Upper Mill Creek Dam project ("Project") began construction in the Summer of 2019. When complete, this critical flood protection project will reduce flood risk to downstream areas, including areas in the Kent Valley along Mill Creek. The Project will raise the height of the existing dam by 5.5-feet and will provide an additional 50-acre feet of flood storage. The engineer-of-record for the Project is AECOM. A previous contract with AECOM was executed in April 2019 for construction support services that have been completed this year. This new agreement will allow AECOM to continue to provide engineer-of-record construction support services and field observations into the 2020 construction season, as required by the city's Dam Safety Permit with the Department of Ecology. This work includes construction support services for the placement of structural concrete, earth fill for the dam (including MSE wall), excavation work for vaults and culverts, and electrical/communications. This agreement will allow AECOM to review, comment, and recommend approval to city staff for any changes or revisions that may arise during construction. BUDGET IMPACT: This cost is included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Upper Mill Creek Dam Exhibit AECOM contract (PDF) 10/22/19 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 11/5/2019 5:00 PM