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HomeMy WebLinkAboutPW12-018 - Original - GEI Consultants, Inc. - Desimone & Briscoe Levees - 02/29/2012 Records M _ geme4 KENT __ w Document f WASHINGTON = -- CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: GEI Consultants, Inc. Vendor Number: ID Edwards Number Contract Number: 19w - 0 This is assigned by City Clerk's Office Project Name: Desimone and Briscoe Levees Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/29/2012 Termination Date: 3/1/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Public Works Detail: (i.e. address, location, parcel number, tax id, etc.): CM22112 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT HI n S I I.I T J X CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Ave., Suite 1410, Oakland, CA 94612, Phone: (510) 350-2900/Fax: (510) 350-2901, Contact: Alberto PuJol (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 perform analysis and certification of the Desimone and Briscoe Levees. For a description, see the Consultant's January 27, 2012 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by March 1, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Eighty Four Thousand, Eight Hundred Eighty Three Dollars ($284,883.00), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) ,i monthly payment invoices to the City for work B. The Consultant shall submit o y p y Y performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without 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 CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) Y a 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 willfully wrongful acts or negligent performance of this Agreement. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. s 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, documerts, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be r subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: A' slgnaturey7 (signature) Print Name: 0 l�idl Prin e. uzette Cooke Its J1r, fri Its Mayor (title) DATE: Ff�ruQCZ AWiz DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alberto Pujol Timothy J. LaPorte, P.E. GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2900 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: z4W& ��RA6 �� Keit Law Department GEI-SMSCoe-D"MWS Levee 2/Len9holz CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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 y promotion of women and minorities. 3 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of fei6rwr� , 2001 �Z. By: iW For: G'ff lAKl ALIA—PIS J-�(i . Title: V I (.Q �jr�� Date: 45 FP" Zoi L EEO COMPLIANCE DOCUMENTS - 1 i 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 GEI Consultants, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Briscoe/Desimone Levee that was entered into on the February 29, 2012, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of _T _^; 2013 By: Ota For: G K h Title: 1%P Att-J X Date: 1,05 EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A 01 January 27, 2012 GE I co,sOams Mr. Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Proposal for Engineering Services - Revised Green River Levee FEMA Accreditation—Briscoe/Desimone Levee City of Kent, Washington Dear Mr. Langholz: We are pleased to submit this proposal to provide engineering services for support of FEMA accreditation of the right bank Green River levee reach known as the Briscoe/Desimone Levee, which extends between the South 18e Street bridge (downstream end at River Mile 14.3) and the South 200th Street bridge (upstream end at River Mile 17.0). Our proposed scope of work is based on our review of available information provided by the City of Kent and our telephone conversation with you, Mr. Tim LaPorte, Mr. Chad Bieren, Mr. Mike Mactutis, Mr.Mark Howlett, and Mr Alex Murillo on January 18, 2012. We have revised our proposal to address your comments communicated in our January 26 phone conversation. PROJECT UNDERSTANDING The City of Kent(City)has initiated an engineering evaluation and certification process for the levees along the right bank of the Green River, with the overall objective of obtaining Federal Emergency Management Agency (FEMA) accreditation of the levee in its Flood Insurance Rate Maps (FIRMs) for the area. The City has divided the levees along the right bank into six levee reaches, and accreditation packages have already been prepared and submitted to FEMA. The accreditation package for the Briscoe/Desimone Levee has been prepared by GeoEngineers Inc. of Tacoma, WA. Because of the high asset value and critical nature of the facilities protected by this levee, the City desires an independent evaluation and stand-alone FEMA Accreditation report to be prepared by GEL The Briscoe/Desimone Levee has a length of approximately 2.7 miles, of which about 1.2 miles are within the City of Tukwila and 1.5 miles are within the City of Kent. The levee has never been accredited by FEMA. The levee protects land uses ranging from large-scale industrial properties to commercial and some residential developments. We are not aware if design or construction information is available for the levee. www geiconsultants corn GE]Consultants,Inc 190 Grand Avenue,suite 1410,Oakland,Califomia 94612 510 350 2900 fax 510 350 2901 Mr. Ken Langholz January 27, 2012 Along the subject levee reach the river channel is bounded by the levee and is quite sinuous. The bottom of the river channel is on the order of 30 to 35 feet below the levee crest. The land behind the levee is typically 5 to 10 feet lower than the levee crest. The bank/levee slope has suffered localized damage during recent flood events,primarily consisting of sloughing of over-steepened slopes. A 600-foot-long section of the Briscoe levee was rehabilitated and set back in 2007 as a joint King County/Corps of Engineers project. Between 1998 and 2003, about 1,300 feet of the Desimone levee was set back 20 to 25 feet landward. A vegetated mid- slope bench was formed and logs with root wads were placed and secured below the ordinary high water mark to create low-velocity zones and cover for juvenile salmonids. SCOPE OF WORK Based on our understanding of the project objective,we propose that the scope of work be structured in nine tasks as follows• 1. Project Kickoff Meeting and Initial Site Visit 2. Review of Existing Documentation and Levee History 3. Supplemental Subsurface Explorations 4. Survey Coordination 5. Engineering Evaluations 6. Operations and Maintenance Manual 7. Conceptual Design to Address Deficiencies 8. FEMA Accreditation Report 9. Project Management and Coordination Our proposed scope is limited to evaluating the levee for compliance with the design criteria outlined in 44 CFR 65.10,providing recommendations and design concepts for addressing deficiencies, and producing a summary report. The detailed design of repairs for deficiencies identified through the course of our work is not included in this scope of work The proposed scope, deliverables, and major assumptions for each task are summarized below. 1. Project Kickoff Meetine and Initial Site Visit: We will attend a kickoff meeting with City staff at the City's Department of Public Works offices During this meeting we will: • Re-introduce key project personnel and re-establish connections between GEI and City personnel. • Review and confirm or refine the overall project schedule and deliverable expectations. • Improve our understanding of the levee reach, interior drainage facilities, and work that has been done by GeoEngineers,NHC, and others to date. • Gather supplemental data from the City relevant to the project and identify any other sources of information about the levee system. These would include, detailed topography map, utility plans, levee performance records, and records of repair work or modifications to the levee system. • Obtain the most recent Corps of Engineers' Periodic Inspection reports for the levee, obtain available drawings, surveys, and other records of levee repairs in which the Corps was involved, and meet with Corps staff if appropriate. 3 Mr. Ken Langholz January 27, 2012 • Meet with King County Flood Control staff and obtain their observations of levee performance and available drawings, surveys, and other records of levee repairs in which King County was involved. We will also perform a walkover of the levee system to confirm available as-built/record drawings and assess the current physical condition As part of the site visit we will identify site access for supplemental explorations, evaluate site access for levee remediation construction, and identify potential locations for levee stability analyses. Deliverable: Meeting minutes. 2. Review of Existing Documentation and Levee History: We will review available documentation of the levee system. We assume the documentation will consist o£ • Reports and records of levee performance during high water events (instances of erosion. sloughing, seepage, overtopping, etc ) • As-built drawings for the original levee and/or repairs, as available • Levee design reports or memoranda and design computations, if available • Levee construction reports, data. specifications, if available • Current survey information, including topographic map with 1-foot contours and available surveyed cross-sections of the river channel and levee • Records and data regarding existing stormwater outfalls and any other utility crossings including those in the City of Tukwila • Recent USACE Annual and Periodic Inspection reports • Regional and site-specific geology reports, aerial imagery,test boring logs and other geologic or geotechnical data along or adjacent to the levee, soil testing data, foundation material characteristics, and inferred stratigraphy • Electronic data files for all borings and cone penetration tests included in the GeoEngineers" Stability and Certification Report dated October 24, 2011 • Groundwater studies, including logs and water levels from wells in the vicinity of the levee • Information on repairs or upgrades made to the levee system by the Corps, King County Flood Control Zone District. City of Kent, and any other entity plus records of permits for any alterations made to the levee since its construction (such as changes to the levee cross-section, construction or abandonment of utilities, and bridges over the levee) • Current operations and maintenance manual for nearby levee reaches • Operation and maintenance records We assume the City will search and assemble any available data and provide it to us. We assume our review will be limited to documents provided to us by the City. The goals of the review will be to (1) develop an understanding of the levee system,typical levee sections, foundation conditions, and historic performance of the system, (2) identify areas of potential erosion, seepage or stability concern, and(3) identify areas where additional information is desired. Deliverable: List of documents reviewed. A list of relevant documents will be included in the 4 Mr.Ken Langholz January 27, 2012 FEMA Accreditation Report, which is a deliverable under Task 8. 3. Supplemental Subsurface Explorations: We will perform a supplemental subsurface exploration program to refine the characterization of the levee and foundation materials and aid in the engineering evaluation of the levee system. Geotechnical test borings will be used to supplement existing historic soil data, verify embankment and foundation material composition, establish stratigraphy along the levee alignment, and establish more detailed data at representative cross-sections for geotechnical analyses. Geotechnical test borings will be completed through the existing levee embankment where possible or along the landside toe of the embankment in areas of restricted access. We understand that no Field Exploration Work Plan will be required. We assume we will drill up to six conventional borings at depths up to 60 feet each to supplement the existing information. We have assumed that drill cuttings can be dispersed over the ground next to the drill hole and raked in with the surficial soil. Off-site disposal of cutting is not included. We will transport soil samples to a laboratory for index testing on selected samples. The number, depths, and technique for the borings may change after a more detailed review of historic information, observations made during our site visit, and the observations made during the drilling program. We have not included a geophysical survey as part of this scope of work. A geophysical survey along the levee crest may be beneficial to generalize the foundation stratigraphy between boring locations, identify potential anomalies (such as buried former river channels, abandoned meanders, abandoned pipes), and identify locations where additional borings may be desirable to better assess levee foundation conditions. If based on the progress of our exploration we conclude that a geophysical survey would be appropriate we will advise you and would prepare a contract modification for your approval. We have not included test pit excavations along the levee alignment. Test pits might be necessary to supplement existing geotechnical information or evaluate the presence of buried items such as pipes or selected levee components such as toe drains and impervious blankets if any exist. If based on the progress of our exploration we conclude that a limited number of test pits would be appropriate we will advise you and would prepare a contract modification for your approval. We will perform a limited geotechnical laboratory testing on soil samples collected during the subsurface exploration program. The laboratory testing will include primarily grain-size analyses and Atterberg limits testing to aid in soil classification and development of engineering parameters for levee evaluation. Lastly, we understand an assessment of the existing outfall pipes will not be needed. Accordingly we have excluded inspection subcontract costs from our estimate. 5 Mr. Ken Langholz January 27, 2012 In the preparation of our scope, we have assumed that the City will facilitate the work by performing the following activities: • Facilitate timely entry to all areas of the project for site visit and exploration purposes. Our current scope does not include establishing right-of-entry agreements or other right- of-way services. • Obtain City and/or County permits (if any are needed) for explorations, including any permits needed for explorations to be performed in Tukwila. • Obtain all necessary environmental clearances (if any are needed)for the proposed exploration sites and activities. We will prepare a Geotechnical Data Memorandum to summarize the results of our subsurface explorations Information in this memorandum will include: • Geologic mapping • Summary of previous geotechnical field investigations and laboratory testing • Summary of current geotechnical field investigations and laboratory testing • Boring and cone penetration test logs • Field testing results • Laboratory testing results, and • Review of the CCTV inspection video and logs prepared by others. Deliverable: Geotechnical Data Memorandum 4. Survey Coordination—For purposes of this study, topographic information will be necessary for the existing levee and adjacent land surfaces (river bank and land east of the levee). Based on our conversations with the City, we understand that survey data will be provided to us by the City. Accordingly, our scope does not include mapping and survey services. We anticipate the following information will be needed and will be provided by the City in a timely manner: • Topographic map with I-foot contours of the Green River channel, levee and ground surface in the area behind the levee. • Available representative cross-sections showing river channel (including below water bathymetry), river bank, levee, and land surface landside of the levee to a distance of at least 100 feet beyond the landside levee toe. • Selected additional cross-sections as needed to identify critical (steepest) slopes of river bank and levee. • Embankment crest elevations at a spacing of 500 feet or closer to support the freeboard evaluation Crest elevations need to have an accuracy of 0.1 feet or better. • As-drilled locations of all subsurface explorations completed by GEI. • Bathymetric survey at selected cross-sections along outer bends as used by NHC for evaluation of bend and long term scour risk in the project reach. This survey data will be reviewed for use in stability calculations. Deliverable: None 6 Mr. Ken Langholz January 27, 2012 5. Engineering Evaluations- We will perform engineering evaluations to address the requirements established in 44 CFR 65.10 (b). These will include the following: Task 5.1-44 CFR 65.10(b) (1) Freeboard In general, FEMA regulation 44 CFR 65.10(b) (1) requires that riverine levees provide the following freeboard for the base flood (1-percent-annual-chance flood): • A minimum freeboard of three feet above the water-surface level of the base flood. • An additional one foot above the minimum is required within 100 feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. • An additional one-half foot above the minimum at the upstream end of the levee is also required, tapering to not less than the minimum at the downstream end of the levee. However,paragraph 44 CFR 65.10 (b) (1) (ii) allows a freeboard less than 3 feet(but not less than 2 feet)where appropriate engineering analysis demonstrates adequate protection considering various sources of uncertainty in the base flood elevation. We understand that NHC has performed a risk-based analysis that demonstrates that, for the Briscoe/Desimone levee, a freeboard of 2 feet provides greater than 90% assurance of containing the 1%annual chance flood. Based on FEMA's review comments on the CLOMR submittals already made by the City of Kent, we understand that FEMA will accept the proposed freeboard reduction from 3 feet to 2 feet for this levee reach. Using NHC's water surface profile for the 1-percent-annual- chance flood, we will estimate Base Flood Elevations at 500-foot intervals along the flood control system. At each interval, we will evaluate the Base Flood Elevation against the elevation of the levee crest as determined by the levee crest survey to be provided by the City (Task 4). We will prepare a Freeboard Evaluation Memorandum. In this memorandum we will explain our methodology, document the evaluations performed, and summarize the results in a table. Deliverable: Freeboard Evaluation Memorandum. Task 5.2-44 CFR 65.10 (b) (2) Closures FEMA regulation 44 CFR 65.10 (b) (2)requires that all openings in the levee system be provided with closure devices that are structural parts of the system during operation and designed according to sound engineering practices We understand that the only openings on the system are stormwater outfalls and that their inlets are above the BFE. We will review existing information to confirm that the outfalls do not require closures. Deliverable: None 7 Mr. Ken Langholz January 27, 2012 Task 5.3-44 CFR 65.10 (b) (3)Embankment Protection FEMA regulation 44 CFR 65.10 (b) (3) requires that an engineering analysis be submitted that demonstrates that no appreciable erosion of the levee embankment can be expected during the Base Flood and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The current embankment protection will be evaluated against potential erosion caused by the Base Flood. The factors to be addressed in such analysis include, but are not limited to: • Expected flow velocities (especially in constricted areas) • Duration of flooding at various stages and velocities • Embankment and foundation materials • Levee alignment, bends, and transitions • Wind and wave action • Levee side slopes, and • Slope protection techniques We understand that NHC, under direct contract to the City, has already developed information on scour, stream velocities, and appropriate bank protection for the levee reach, including but not limited to the following items• • General, local, and bend scour evaluation -thalweg profiles and cross-sections over time including recent bathymetric data, stability of thalweg location and channel shape, calculation of estimated bend scour depths at approach and exit sections, and scour recommendations • Bank velocities and slope protection recommendations. We will review the investigation of historic erosion trends as documented in the NHC technical memos and other available documents. We will review the NHC memos, work with NHC to resolve any comments, and include the NHC work products in the FEMA Accreditation Report prepared under Task 8 to explain the methodology, document the evaluations performed. and summarize the results. Active (if any) and potential erosion sites will be identified and located on a map of appropriate scale to clearly show the reaches of the levee that may require erosion remediation. Deliverable: None - The NHC Technical Memorandum will be included in the FEMA Accreditation Report prepared under Task 8. Task 5.4-44 CFR 65.10 (b) (4)Embankment and Foundation Stability Analyses FEMA regulation 44 CFR 65.10 (b) (4) requires that an engineering analysis of the levee embankment stability be submitted. We will perform embankment stability and seepage analyses on up to six different generalized cross-sections. We will select cross-sections based on the range of levee configurations and foundation conditions. 8 Mr. Ken Langholz January 27,2012 We will perform seepage analyses in general accordance with the procedures outlined in the following Corps documents. EM 1110-2-1913,Design and Construction of Levees, and ETL 1110-2-569 Design Guidance for Levee Underseepage. Our seepage analyses will focus on through-seepage and underseepage. We will perform slope stability analyses in general accordance with the procedures outlined in EM 1110-2-1913, Design and Construction ofLevees and EM 1110-2-1902, Slope Stability. Our slope stability analyses will focus on the steady-state seepage, rapid drawdown, and seismic cases. We will produce an Embankment and Foundation Stability Memorandum. This memorandum will explain our methodology, document selection of geotechnical parameters, document calculations performed, and summarize the results. Deliverable: Embankment and Foundation Stability Memorandum. Task 5.5-44 CFR 65.10 (b) (5) Settlement Analyses FEMA regulation 44 CFR 65.10 (b) (5) requires that an engineering analysis be submitted that assesses the potential and magnitude of future losses of freeboard as a result of settlement. We understand that the levee foundation soils generally consist of interbedded alluvial sands, and silts. The foundation soils are generally not considered highly compressible with the possible exception of thick layers of silt. The foundation materials are relatively pervious, and the majority of settlement from levee construction or levee modifications would likely have occurred during construction or shortly thereafter. Therefore,we do not consider settlement to be a significant issue for FEMA Accreditation. We will perform a settlement analysis at one generalized cross section of the levee that will be conservatively representative of the levee as a whole. We will produce a settlement evaluation memorandum that will outline our calculations and development of soil parameters. Deliverable: Settlement Evaluation Memorandum. Task 5.6-44 CFR 65.10(b) (6) Interior Drainage FEMA regulation 44 CFR 65.10 (b) (6) requires that an analysis be submitted that identifies the source(s) of interior flooding, the extent of the flooded area, and, if the average depth is greater than one foot, the water-surface elevations(s) of the Base Flood. This analysis must be based on the joint probability of interior and exterior flooding and the capacity of facilities (such as drainage lines) for evacuating interior flood-waters. We understand that NHC,under direct contract to the City, has completed an evaluation of the interior drainage in general accordance with the applicable provisions of EM 1110-2-1413, Interior Drainage. This consists of a visual assessment of interior drainage components, 9 Mr. Ken Langholz January 27, 2012 hydrologic modeling of the drainage area, hydraulic modeling of system components, and mapping of areas of potential ponding.NHC modeled the levee as providing 100-year flood protection by modifying the FLO-21) model previously developed by NHC for King County's appeal of the FEMA Green River floodplain mapping. The 100-year floodplam boundary was remapped for the portions of the Green River that change due to the levee providing accredited 100-year flood protection. We understand NHC has conducted an interior drainage analysis. Inundation mapping from interior drainage results was merged with the overall workmap to be submitted to FEMA. Deliverables: None. We anticipate the following NHC deliverables will be included in the FEMA Accreditation Report prepared under Task 8: • Interior Drainage Evaluation Memorandum documenting methods and results of the hydraulic analysis • Digital versions of effective and revised FLO-21) models and the digital model output data used in the analysis • Revised floodplain mapping(in digital format) showing inundation areas, flood zones and floodway 6. Operations and Maintenance Manual Review—We will work with City staff in preparing the draft O&M Manual for this levee reach. To achieve compliance with the requirements of 44 CFR 65.10 we propose to use a model for the Operations and Maintenance (O&M) Manual for the levee based on the O&M Manual already prepared for adjacent levee reaches. GEI will use the model developed for the SR516 to S. 231"Way levee reach as a starting point. We will update and/or modify the model and supplement missing or inapplicable information. We assume the City will provide the needed figures and maps. Operating instructions for interior drainage systems, if any, would be developed by NHC, who is responsible for the interior drainage evaluations. We will assemble this input and provide a draft of the O&M Manual to the City. Deliverable: Draft O&M Manual for compliance with 44 CFR 65.10. 7. Conceptual DesiEn to Address Deficiency—We anticipate our evaluations will identify deficiencies that would preclude FEMA accreditation of the levee without modification. We will develop conceptual designs for proposed levee modifications that would bring the levee into compliance with FEMA criteria The modified levee cross-section will be analyzed for the relevant compliance criteria(e.g., stability, settlement, and erosion potential) and the analysis will be documented as appropriate. We understand that the City will then use the recommended conceptual design to develop detailed designs and construction plans, specifications and cost estimates. GEI will review the City's plans and provide continents. For purposes of preparing the cost estimate, we have assumed that the deficient areas requiring remediation will be approximately the same as those identified by GeoEngineers in their Stability and Certification Report We anticipate that the bulk of the work in this task will consist of confirming or refining the extent of the levee reaches identified by GeoEngineers as needing remediation and confirming or refining the sheetpile wall design proposed by 10 Mr. Ken Langholz January 27,2012 GeoEngineers. If the identified deficiencies are more extensive than anticipated and require additional analysis and design effort, we understand that the additional scope and associated budget would be added by contract modification subject to our presentation of written justification. Deliverables: Recommended conceptual design for levee cross-section modification to address identified deficiency 8. FEMA Accreditation Report-The results of our and NHC's evaluations will be presented in a FEMA Accreditation Report. The report will include sections addressing the requirements in 44 CFR 65.10 including freeboard, closures, embankment protection, embankment and foundation stability, settlement, interior drainage, operations plans, and maintenance plans. We will attach the evaluation memorandums described in Subtasks 5.1 through 5.6 as appendices to the report A draft copy of the report will be distributed to the City of Kent for review and comment. We have assumed one round of comments and revisions. We will incorporate the City's comments into the final report. We will prepare five copies of the final report for distribution to the City (4 copies) and FEMA (1 copy). Deliverables: Draft FEMA Accreditation Report for City Review Final FEMA Accreditation Report 9. Proiect Management and Coordination -Project management and coordination are essential to ensure the successful preparation of the levee accreditation documentation. Successful implementation will require effective oral and written communications and coordination. The project management task will include the following activities: • Coordination of project activities with City staff • Management and supervision of the engineering team • Management, coordination and evaluation of subconsultant services • Project progress and coordination meetings • Documentation of key meetings • Coordination of meetings and reviews with King County and Corps of Engineers • Preparation of monthly summaries of current financial information and schedule Management of Quality Control activities will also be included in this task, including the review, coordination and checking of work products at each step of their development. Work products include the key deliverables and support documentation, such as work plans, technical memoranda, and reports. The QC team will review technical approaches and verify that deliverables and supporting documents prepared for the City are complete, conform to standards, and meet or exceed the expectations of the City and GEI's management. The project manager will be responsible for the assurance that these procedures are being implemented. For cost estimating purposes,the project schedule assumes a duration of approximately three months for this task. 11 Mr. Ken Langholz January 27, 2012 Deliverables: Schedule; Monthly progress reports COST ESTIMATE We will perform the above scope of service on a time and materials basis based on the attached Fee Schedule and Payment Terms. Based on the information known to us.we estimate that the cost of performing the services outlined above will be $284,883. A breakdown of the estimated costs is included in the attached table Invoices will be submitted monthly based on the services performed as of the end of each billing period. Payment will be due within 45 days per the terms of the City of Kent agreement as negotiated by the City of Kent and GEl Consultants. This estimate does not include any contingency. We understand that additional budget to address changes and unforeseen complications that require additional effort would be added by contract modification subject to our presentation of written justification. SCHEDULE We are prepared to begin work upon receiving a Notice to Proceed (NTP) Assuming a NTP of January 30, 2012,we anticipate completing the scope outlined above within the following schedule. Task Anticipated Task Start/Finish 1 Project Kickoff Meeting and Site Visit 1/30/2012—2/3/2012 2 Review of Existing Data 1/30/2012—2/17/2012 3 Subsurface Explorations 2/8/2012—3/16/2012 4 Survey 1/30/2012—2/17/2012 5 Engineering Evaluations 1/30/2012—3/30/2012 6 O&M Manual Review 2/20/2012— 3/16/2012 7 Conceptual Design to Address Deficiency(l) 2/17/2012—3/30/2012 8 FEMA Accreditation Report 3/5/2012—4/27/2012 9 Project Management 1/30/2012—4/27/2012 Notes: (1)We will target a date no later than mid March to confirm or refine the extent of the levee reaches identified by GecEngineers as needing remediation and the proposed sheetpile wall design. The final two weeks of this period will be needed to finalize analysis and technical memorandum. (2)Date listed is for submission of Draft report to the City. We appreciate the opportunity to submit this proposal and look forward to working with you on this project Please call meat 510-350-2908 or Jim Nickerson at 781-721-4023 with any questions. 12 Mr. Ken Langholz January 27, 2012 Sincerely, GEl CONSULTANTS, INC. W Alberto Pujol,P.E. Vice President, Project Manager Attachments: GEI Fee Schedule and Payment Terms Cost Estimate 13 FEE SCHEDULE Hourly Billing Rate Personnel Category $per hour Staff Professional—Grade 1 $ 96 Staff Professional—Grade 2 $ 106 Project Professional—Grade 3 $ 116 Project Professional—Grade 4 $ 130 Senior Professional—Grade 5 $ 154 Senior Professional—Grade 6 $ 175 Senior Professional—Grade 7 $208 Senior Consultant—Grade 8 $234 Senior Consultant—Grade 9 $288 Senior Principal—Grade 10 $288 ----------------------------------------------- Senior CADD Drafter and Designer $ 116 CADD Drafter/Designer and Senior Technician $ 106 Technician,Word Processor, Administrative Staff $ 86 Office Aide $ 68 These rates are billed for both regular and overtime hours in all categories Rates will increase up to 5% annually, at GEI's option, for all contracts that extend beyond twelve(12)months after the date of the contract OTHER PROJECT COSTS Subconsultants, Subcontractors and Other Project Expenses - All costs for subconsultants, subcontractors and other project expenses will be billed at cost plus a 15%service charge Examples of such expenses ordinarily charged to projects are subcontractors, subconsultants chemical laboratory charges, rented or leased field and laboratory equipment, outside printing and reproduction, communications and mailing charges, reproduction expenses shipping costs for samples and equipment disposal of samples, rental vehicles, fares for travel on public carriers, special fees for insurance certificates, permits, licenses, etc fees for restoration of paving or land due to field exploration, etc; state sales and use taxes and state taxes on GEI fees Billing Rates for Specialized Technical Computer Programs—Computer usage for specialized technical programs will be billed at a flat rate of$10 00 per hour in addition to the labor required to operate the computer Field and Laboratory Equipment Billing Rates — GEI-owned field and laboratory equipment such as pumps. sampling equipment, monitoring instrumentation, field density equipment, portable gas chromatography, etc will be billed at a daily,weekly,or monthly rate,as needed for the project Expendable supplies are billed at a unit rate Transportation and Subsistence-Automobile expenses for GEI or employee owned cars will be charged at the rate per mile set by the Internal Revenue Service for tax purposes plus tolls and parking charges When required for a project, four-wheel drive vehicles owned by GEI or the employees will be billed at a daily rate appropriate for those vehicles Per them Irving costs for personnel on assignment away from their home office will be negotiated for each project PAYMENT TERMS Invoices will be submitted monthly or upon completion of a specified scope of service, as described in the accom- panying contract(proposal,project,or agreement document that is signed and dated by GEI and CLILNT) Payment is due upon receipt of the invoice Interest will accrue at the rate of 1%of the invoice amount per month,for amounts that remain unpaid more than 30 days after the invoice date All payments will be made by either check or electronic transfer to the address specified by GLI and will include reference to GEI's invoice number � o - / a - § § ¥ § � M 0 21�2 / ,ON ,� ��� �, „ „ 0 NCO ) )®§ I H - 111 | ` , k_ (` 2 !,§ . {)} \ ° \c / \ ,\ jk - ����� / 2 \ k|\« ! ■ r � r! EE \)!= .;®§^ .:zz ' ` i , tt#::: ; •!|$f : ' _ \\/• ul- 1 , !! §2= ; ! ! :_ ! !!!=m> /:! )!!!!�, ��:,:!!a! 2 �� ; 4 2 ! e old )w «� § - : ■) | i � § I E - !B° & 70 B to §{ _* ;- �! m 00 - !&;! - & - ! _ _ ; !; - ; _ _ k ) - : - ) ) )) �\ . , ! r! §!; f))f\\-== § _ M\ :W 2 k |! ; l ., , :�)!! |•� ,� £ ;;l !; 00 ` &} ) ƒ- ! �/�: / ;!!!!;!!L):l: 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, Fired 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 $1,000,000 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 $1,000,000 per claim and $1,000,000 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 o ul nt in ra all b en orse to ate at ov ge sh II t b c ce d e er rt , ex t er in 30 da / p for ri en oti a ce ifie a , re r r cei re est cl as tl4;l�Z bee gi n o t e Y �t��C srP516 A�� X»4�a�It � dVr' 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. 7 r EXHIBIT B Xeted d) 2. Commercial General Liability inll be ten with limits no less than $1,000,000 each 2 0,000 general aggregate and a $1,000,000 p eted operationsaggregate limit. 3. Professional Liability insuranceten with limits no less n $1,000,000 per claim and policy aggregate limit. C. otherZPO e Provisio The insurancre to c tain, or be endorsed to contain, the following provisions fole Li ility and Commercial General Liability insurance: 1. Thr s insurance coverage shall be primary insurance as resty. Any Insurance, self-insurance, or insurance pool covntained by the City shall be excess of the Contractor's ins shall not contribute with it. 2. In the event Notice of Cancellation or Non-Renewal of Insurance is provided to Consultant by Consultant's insurer, the Consultant is required to provide 30 days prior written notice by Certified Mail, return receipt requested to the City. 3. The City of Kent shall be named as an additional insured on policies (except Professional Liability) as respects work p ormed by or on behalf of the contractor and a copy of the en rsement naming the City as additional insured shall be attac d to the Certificate of Insurance. The City reserves the r' t to receive a certified copy of all required insurance policie The Contractor's Commercial General Liability insurance sha Iso contain a clause stating that coverage shall apply separa y to each insured against whom claim is made or suit is brough , except with respects to the limits of the insurer'Ewithoriginal D. Acceptability of Insu Insurance Is to be placed withcurrent A.M. Best rating of not less than A:VII. E. Verification of C er Contractor shall fur h the Cicertificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional in endorsement, evidencing the insurance requirements of the Contractor efore commencement of the work. t d ® DATE(MMIDDIYYYY) ^�o CERTIFICATE OF LIABILITY INSURANCE 4/29/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS 2TIFICATE 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 holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c NTAciMichele Callahan PRODUCER NAME Ames and Gough PHONE (617)328-6555 FWAC NO) (617)328-6888 859 Willard Street A13DRESSmcallahan@amesgough.com PRODUCER A0001293 Suite 320 Quincy MA 02169 INSURE S AFFORDING COVERAGE NAICN INSURED INSURERA Travelers Casualty and Surety 19038 INSURER Travelers Property Casualty 25674 GEI Consultants, Inc. INSURER Travelers Insurance Company 180 Grand Avenue INSURER Chart is Suite 1410 INSURER E. Oakland CA 94612-3017 INSURERF• COVERAGES CERTIFICATE NUMBER CLI142911581 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EX? LIMITS TYPE OF INSURANCE LTR IN SR WVD POLICY NUMBER MM/DD/YYYY MWDD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMA ETOR E NTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE ?OCCUR X P6307457A538 5/l/2011 /l/2012 MED EXP(Any one person) $ 10,000 PERSONAL&ACV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 'ENI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 1 POLICY X jEOT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT acc ident) $ 1,000,000 Eaccident) '4 ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED AUTOS X 810-4927MB47 5/1/2011 5/1/2012 BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) $ NON-OWNED AUTOS Underinsured motonst $ 1,000,000 Uninsured motorist combined $ 1,000,000 X UMBRELLA DAB OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE 5/1/2011 5/l/2012 C RETENTION $ X UP-4484N486- $ A WORKERS COMPENSATION S WC STAM IUS OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE� NtA EL EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED? 8UB1017A21A10 5/1/2011 /l/2012 (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1 000,000 If Yes,describe under EL DISEASE-POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below D Professional Liability & DES 17788026 5/1/2011 5/l/2012 PER CLAIM 1,000,000 Contractor's Pollution AGGREGATE 1,000,000 ❑ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) Project: Briscoe-Desimone Levee Project City of Kent is included as Additional Insured regarding General, Auto and Umbrella Liability (GL Form attached) . The Insurance shown above (not professional) shall be primary and non-contributory. A Severabillty of Interest provision shall apply. CERTIFICATE HOLDER CANCELLATION ABOVE DESCRIBEDRECEIVED THEULDANYOF EXPIRATIONH DATE THEREOF, NOTIICEI ELLED WILL ES CBE BEFORE IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent ����//,�/ fancy Yoshitake, EngSk30e1t12gin/Public AUTHORIZED REPRESENTATIVE Fourth Ave. South Kent, WA 98032CITY OF KENT ENGINEERING DEPT M Herlihy/BOSTON =•= ;r %�"2 `�i y ACORD 25(2009109) ©1988-2009 ACORD CORPORATION All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD - - Cu...MERCIAL GENERAL LIABILITY i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION If—WHO IS plies only to such "bodily injury" or "property AN INSURED- damage"that occurs before the end of the pe- Any person or organization that you agree in a riodf t me for which thu r""written contract re- "written contract requiring insurance' to include as q g q y provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, whichever is earlier. a. Only with respect to liability for"bodily injury", "property damage"or"personal injury"; and 2• The following is added to Paragraph 4.a. of SEC- b. If, and only to the extent that, the injury or TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: damage is caused by acts or omissions of you or your subcontractor in the performance The insurance provided to the additional insured of "your work" to which the "written contract is excess over any valid and collectible "other in- requiring insurance" applies. The person or surance", whether primary, excess, contingent or organization does not qualify as an additional on any other basis, that is available to the addi- insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of such person or organization. specifically agree in the "written contract requiring insurance"that this insurance provided to the ad- ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance" cess over any valid and collectible "other insur- This endorsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described in Section III — Limits any other basis, that is available to the additional Of Insurance insured when that person or organization is an d. This insurance does not apply to the render- additional insured under any"other insurance". ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury or "property damage caused by your tional insured: work" and included in the "products- completed operations hazard" unless the a. The additional insured must give us written "written contract requiring insurance" specifi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rence" or an offense which may result in a i for that additional insured, and then the insur- claim To the extent possible, such notice ance provided to the additional insured ap- should include CG D414 04 08 ©2008The Travelers Companies,Inc Page 1 of 2 COMMERCIAL GENERAL LIAE stTY i. How, when and where the 'occurrence" any provider of other insurance which would or offense took place, cover the additional insured for a loss we ii. The names and addresses of any injured cover However,this condition does not affect persons and witnesses; and whether this insurance provided to the addi- iii. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the "occurrence" or ance available to the additional Insured which offense covers that person or organization as a named Insured b. If a claim is made or"suit' is brought against 4 The following is added to the DEFINITIONS Sec- must: tion- f. Immediately record the specifics of the "Written contract requiring insurance" means that claim or"suit'and the date received; and part of any written contract or agreement under ii. Notify us as soon as practicable. which you are required to include a person or or- ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit' as "property damage" occurs and the "personal in- soon as practicable. jury"is caused by an offense committed: C. The additional insured must immediately send a. After the signing and execution of the contract US copies of all legal papers received in con- or agreement by you; nection with the claim or"suit', cooperate with b. While that part of the contract or agreement is us in the investigation or settlement of the in effect, and claim or defense against the "suit', and oth- erwise comply with all policy conditions c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "suit' to i s m o� o a� n� o � o� m_ n-� i I �= I o oC I mom- Page 2 of 2 ©2008 The Travelers Companies,Inc. CG D414 04 08 000653 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASHIM1GTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Q^,y (/lo `L Phone (Originator): !]S Date Sent 2. 27 lZol7— Date Required. Z 2q 2.o I Z Return Signed Document to, o"e- a,511�:, CONTRACT TERMINATION DATE: 511 Zo 13 VENDOR NAME: E� Corsw I� 5 DATE OF COUNCIL APPROVAL":y R i Zo I� Brief Explanation of Document• j r a ti 3r ;swe a. A 1 &4 e- All Contracts Must Be Routed Through the Lary Department (This Area to be Completed By the Law Department) Received. Approval of Law Dept.. IV Law Dept Comments: p FEB 2 7 2012 `p'�, C. l�S Z� (I� �EN7- LAW DEFT Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff Received: L � '� C� ` Recommendations & Comments: V Disposition: ?rq /Z "4� E�TvpF cffl Date Returned: Ia',er)870 • V05