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HomeMy WebLinkAboutPW16-415 - Original - GeoEngineers, Inc. - Frager Road Levee CLOMR - 11/30/2016 Records M a pag8A'e44t1jp KEN T h ,Y, Document Wg.HI NOT ON rTZ�Xr :1 All 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: GeoEngineers, Inc. Vendor Number: 7D Edwards Number Contract Number: to This is assigned by City Clerk's Office Project Name: Frager Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Alex Murillo Department: Engineering Contract Amount: $333,271.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City7CouDncil Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare the Conditional Letter of Map Revision (CLOMR) submittal package for the City of Kent for the Frager Road Levee Project which is located on the west bank of the Green River between the Puget Power Trail foot bridge north of Veterans Drive and S. 204th St. As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940, Contact: Lyle Stone (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: i The Consultant shall prepare the Conditional Letter of Map Revision (CLOMR) submittal package for the City of Kent for the Frager Road Levee Project which is located on the west bank of the Green River between the Puget Power Trail foot bridge north of Veterans Drive and S. 204th St. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Thirty Three Thousand, Two Hundred Seventy One Dollars ($333,271.00), 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 B. 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 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. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. 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. i 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. 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 C 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 in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. 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 j 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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: / `{ i'Jf, f f By: �7 z�� 7 GNP "� By: t � (sj ...�ature) `G i (signature) Print Name; (� e-�^ �, Print,Name:� SLzette Cooke Its v'tviC t�ati Its -'I la or DATE: 6l�1c7 /! DATE: d! NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc, City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) I APPROVED AS TO FORM: KeA Law Department GeoEngineers-Frager Rd CLOMR/Murlllo I 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. For: C1/yInV,eV-S Title: Date: 11 Z 0rl� 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: i i EEO COMPLIANCE DOCUMENTS - 3 b= EXHIBIT A GEOENGINEERS, INC. FRAGER ROAD LEVEE CLOIVIR APPLICATION LEFT BANK OF THE GREEN RIVER, FR0M VETERANS DRIVE TO SOUTH 2041" STREET KENT, WASHINGT0N OCTOBER 28, 2016 FILE NO. 04J.0-200-00 INTRODUCTION AND PROJECT APPROACH The purpose of this project is to provide a flood protection system for a portion of Kent located on the west (left)bank of the Green River between the Puget Power Trail foot bridge north of Veterans Drive and South 204th Street.This area will be protected with a levee system that will be used to revise Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) through the Conditional Letter of Map Revision(CLOMR)and Letter of Map Revision(LOMR) process.This phase of the project includes preparing the CLOMR submittal package for the City of Kent(City). We understand that the City deadline to to have the CLOMR submitted to FEMA is March 31, 2017. In order to meet this schedule we understand that we will be authorized to proceed by mid-November 2016, roughly a 19-week schedule. The existing riverbank levee is not certified and would need to be raised or modified to meet requirements to obtain FEMA accreditation.A new levee,set back from the existing riverbank levee is proposed to provide flood protection in this area. The proposed levee along Frager Road will extend approximately 1.5 miles from Veterans Drive to about South 204th Street. At the upstream end of the levee, at about the Puget Power Trail foot bridge, the levee will terminate by connecting to the west into natural high ground. At the downstream end, the levee will terminate by either connecting to an existing riverbank levee in Tukwila, north of South 204n Street, or by extending to natural high ground to the west. This existing riverbank levee has been evaluated by King County. This evaluation was performed by Hart Crowser and King County in 2012 and includes subsurface explorations, river bank stability analyses, and scour analysis. The analysis was not intended to meet the criteria for a levee certification report used for FEMA levee accreditation.We intend to incorporate applicable subsurface data from this analysis into the levee certification report. The status of the river bank levee in Tukwila at South 204th Street is currently unknown. It may not be an appropriate downstream levee tie-in for the purposes of FEMA levee accreditation. In this event the Frager Road levee will connect to natural high ground by extending the levee approximately 0.8 miles west along South 212th Street or by extending the levee approximately 0.5 miles west along South 204th Street. For the purposes of developing this scope and budget,we have assumed that the levee located in Tukwila is an appropriate downstream tie-in. Once we begin our analysis we will evaluate this and other assumptions to determine if the alignment or other work elements will need to be modified. In the event j that this or other assumptions are found to be invalid we will promptly notify the City and work to modify the project approach and scope as needed. There is a contingency task included in this scope to address some of these potential issues. City of Kent October 25,2016 Page 2 We understand that City of Kent levee policy is to evaluate existing levee systems including existing embankments and tie-ins based on the 100-year design flood. If new levee sections or modifications to existing sections are required the new levee sections are to be designed for the 500-year flood level. It is expected that the current Frager Road levee will require modifications to meet the design criteria. The proposed levee will be set back from the existing riverbank and evaluated and designed at the 500-year flood level.Analysis provided forthe CLOMR will be based on the 100-year flood level. i SCOPE OF SERVICES Task I Project Management and Team Coordination Activities [of Coordinate work flow between GeoEngineers, NHC, and City of Kent. We will initiate discussions with FEMA as needed to confirm project specific constraints or concerns regarding the CLOMR process for this levee segment. • Organize project coordination meetings. The purpose of these meetings will be to: (1) update the City on project progress, (2) request information from the City as needed, and (3) seek input from the City regarding design decisions. We anticipate that 1-to 2-hour coordination meetings will be scheduled every other week or twice per month for the duration of the project. • Attend one meeting, if needed, at the FEMA Region X Offices in Bothell, Washington to discuss levee alignment or other project constraints. Deliverables w Meeting agenda, minutes, and action items,as appropriate. Assumptions w City of Kent will lead coordination efforts with King County,City of Tukwila,and other local agencies as required. Task P Levee Stability Analysis and Certification Activities Review and compile existing subsurface explorations and develop a subsurface design profile.We will review documents provided by the City of Kent and from our in-house files.We will also search public records(Washington State Department of Transportation[WSDOT]and King County)for data from adjacent roadway projects. Perform foundation stability and seepage analyses for earthen levees and global stability analyses for structural floodwalls using the Seep/W and Slope/W computer programs.We will evaluate cross sections under the conditions outlined in U.S. Army Corps of Engineers (USACE) Engineering Manual EM 1110-2-1913"Design and Construction of Levees"and USACE Engineering Circular EC 1110-2-6067 "USACE Process for the National Flood Insurance Program (NFIP) Levee System Evaluation." The design cases that will be evaluated include End of Construction, Steady State Seepage during Full Flood Stage, Sudden Drawdown, and Seismic.We anticipate the stability and seepage analysis will include an evaluation of eight cross sections. GEOENGINEER rile No.0410-200-Do City of Kent October 25,2016 Page L9 Perform a seismic deformation analysis of the levee system. We will evaluate potential seismic deformations of the levee and floodwall system based on the results of the stability analysis and using a simplified Newmark displacement analysis. M Perform a settlement analysis of the levee embankment that assesses the potential for settlement of the levee to reduce freeboard over time.The settlement analysis will be based on methods from the USACE Engineering Manual 1110-1-1904 "Settlement Analysis" and standard local engineering practice. rA Provide a preliminary analysis of floodwalls. We will evaluate floodwalls in accordance with FEMA and USACE requirements for floodwall design.We will evaluate floodwalls for stability in accordance with USACE EM 1110-2-2502"Retaining and Floodwalls"and EC 1110-2-6066 "Design of I-Walls", as appropriate. Deliverables fm Draft and Final Levee Analysis and Certification Report. Assumptions * Structural detailing(design of steel reinforcing or connections)of floodwalls will not be required for the 30%design. ® Detailed seismic analysis such as a site-specific seismic analysis or finite difference numerical modeling of seismic deformations will not be required. Task 3 Hydraulic Analysis Hydraulic Analysis will be performed by NHC with oversite and coordination from GeoEngineers. NHC's scope of services is attached and includes additional information regarding details of the technical analysis, deliverables, and assumptions. Activities ® Update the FIo2D model developed for the Flood Insurance Study (FIS) based on the proposed levee accreditation and the effects of other levees that are proposed to be accredited. Both 100-year and 500-year flood level simulations will be developed.The 100-year results will be used for flood mapping while the 500-year results will be used to determine necessary levee crest elevations. * Perform an interior drainage analysis to determine residual flood levels landward of the accredited levee due to backed up stormwater lines during periods of high riverflow.This analysis will be used for a frequency analysis to determine 1OO-yearponding water surface elevations landward ofGreen River outfalls. Use the results from the FIo2D model and interior drainage analysis to remap the flood hazard zones and Base Flood Elevations (BFEs) that would change as a result of the proposed levee accreditation. Deliverables im Depth and Water Surface Elevation shapefiles for each FIo2D model simulation. ® Tabulated 100-year water surface pending elevations incorporated into the floodplain maps. �^ GEOENGINEERS / R,%.D410 200D0 l: City of Kent October 26,2016 Page 4 lu A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format suitable for inclusion in a CLOMR submittal. m GIS shapefiles of the revised flood hazard zones and BFEs. Assumptions ic Four model simulations will be produced. The revised, assumed accredited levee system will be run under "Fail Midway/Johnson Creek" and "All Levees Intact" failure scenarios, and will be evaluated for the 100-year and 500-year floods. * The 100-year flow will be from the FIS study. The 500-year flow is from a 2012 USACE study. * City will provide stormwater infrastructure data in GIS shapefile format. id Our budget includes one dayof field work to spot verify the stormwateroutfall information. No other field work is required. ® Two FEMA map panels will require revisions,located alongthe left bank of the Green River. Revision of the right bank flood hazard zones are not required. in Maps are not required forthe5OO-year results since this flood simulation will only be used to inform design. ® NHC performed a scour analysis through this reach for the City in 2011, which included a recommended toe scour elevation profile. Because this work was done recently,we assume that it provides sufficient guidance, and no additional scour analysis is required. Task 4 Biological Assessment and Wetlands Analysis Activities Research baseline environmental conditions by reviewing published documentation to develop an understanding of the baseline conditions prior to conducting the field reconnaissance. Complete a field reconnaissance to delineate the ordinary high water mark(OHWM) and wetland extents, as well as assess riparian buffer conditions within the project area. in Coordinate with City's surveyors to record the OHWM and wetland boundaries identified during the field reconnaissance. uf Produce a draft Wetland/Stream Critical Areas Assessment report according to local City of Kent code. This report will address regulated wetlands, streams, and wildlife habitats that occur within the project area. In addition to written documentation,GeoEngineers will prepare figures depicting the regulated areas with the project that may be impacted by the project;figures will be developed based on information provided by the City of Kent, including professional land survey of wetland/ OHWM boundaries. This information will be used during development of the 30% design, as well as incorporated into the Biological Assessment report as applicable. m Produce a draft Biological Assessment(BA) report according to the Guidance for Compliance with Endangered Species Act from Letter of Map Change document provided by FEMA. In addition to written documentation, GeoEngineers will prepare figures depicting the general location of the project and the area that will be impacted by the project. GEOENGINEERS file No.04M0000 City of Kent October 25,2016 Page F im Update the draft Critical Areas Assessment and BA reports based on one round of comments from the City, and produce final reports. m Provide an estimate, in terms of acres, of wetland creation or improvement that could be required to mitigate for potential impacts to wetlands and/or wetland buffers. * Submit the final BA report to the Services(National Marine Fisheries Service [NMFSj and U.S. Fish and Wildlife Service [USFWS]) to initiate Endangered Species Act (ESA) consultation. Coordinate with the City and the services to document concurrence with the effect determinations from the BA report. D If review and comment cannot be obtained from the Services, written documentation of our attempts to contact the Services will be provided in accordance with the process identified in the FEMA guidance document. Deliverables ® Draft and Final Wetland/Stream Critical Areas Assessment Report. * Draft and Final Biological Assessment Report. Written concurrence letters from the Services or written documentation of attempts to contact the Services if letters from the Services cannot be obtained. Assumptions ® No work will be proposed below the OHWM. * Design of mitigation measures for impacts to wetlands or wetland buffers will not be included in the 30%design. im The project will be assumed to have no effect or be not likely to adversely affect ESA-listed species that may occur in the project area. Formal consultation with the Services is not anticipated. I m Property access and right-of-entry will be arranged bythe City and granted to GeoEngineers in order to complete the fieldwork identified above. in City will provide professional land survey of wetland and OHWM delineations. OHWM delineation will exclude the Green River.We understand the Green River hydrograph is dam-release controlled and the controlled elevations are known throughout the project reach. OHWM for the Green River will be based on these data and topographic data. Task J Levee 30 Percent Design Activities ta Integrate survey provided by the City with LiDAR data to provide a base map suitable for 30% levee design. The City provided survey will include utilities, topography, property lines, Ordinary High Water Mark(as delineated by GeoEngineers),top of bank,significant ground features such as trails, pavement and structures, and other important information. GeoEngineers will supplement the County provided base map with LiDAR in areas where necessary. im Review river modeling data and extract relevant flood elevations as the basis for design,and, based on flood protection criteria provided by the City, determine the design levee crest elevation. n Develop a levee alignment and stationing consistent with City protocols. GEoENGINEERS File No.0410-200 OD I j,• My of Kent October 25,2016 Page 6 i ® Develop of summary table of key design data (i.e., existing ground surface elevations, river flood elevations, levee crest elevations) at 100-foot intervals for project team review. im Prepare 30%design drawings consisting of the following(drawings will bear the unsigned seal of a professional engineer): Approximately 20 to 25 drawings in plan and profile format at 1 inch = 20 feet scale. The is assumed to extend along Frager Road approximately 1.5 miles from the upstream end of the levee, north of Veterans Drive and connect to an existing riverbank levee in Tukwila, north of South 204th Street. ® Cover Sheet Construction Notes Sheet Layout Overview drawing Levee typical sections drawing.Typical levee sections are expected to consist primarily of low permeability soil embankments with gravel access roads on the top and topsoil side slopes. Floodwalls may be required in some areas. ® Temporary erosion and sediment control notes and detail sheet (based on typical City details and notes). Plans will be prepared using City of Kent design and drafting standards. n Prepare 30%design level estimate of construction costs. Deliverables Brief letter with figure showing the proposed alignment and levee section types,with description of the rationale for the proposed features, including data table of elevations. Draft and revised 30%design level drawing set. Draft and revised 30%design level estimate of construction costs. Assumptions The City owns or will purchase property as needed for the levee footprint and access easements for levee maintenance.The City will arrange for access agreements for GeoEngineers staff to enter property owned by others if needed. ® The following obstructions and design issues will be not be addressed in detail,only in a conceptual manner for the 30%design drawings: ® Sanitary sewer pump station in proposed levee right-of-way along Frager Road will be shown to be surrounded by flood wall as needed. No modifications to pump stations are expected. ® High voltage transmission line tower in proposed levee right-of-way along Frager Road southwest of Puget Power Trail will remain. Levee is not expected to impact existing structures. ® Overhead power and underground power in the levee right-of-way along and across numerous areas of proposed alignment. ® Several residential houses in the proposed levee right-of-way along Frager Road, South 212th Street and South 204th Street. GEOENGINEERS r Me W.0416200-00 City of Kent October 26,2016 Page ® Possible radio communications pole along South 212th Street. ® Drainage culvert through South 204th Street. rA It is assumed that the newly restored creek draining along the south side of the new levee north of South 204th Street terminates at the Green River with a culvert with floodgate or other structure as needed that can accommodate the levee footprint. Design of a culvert/floodgate is not included but can be completed under a supplemental scope of services. * Access roads connecting to the proposed levee crest access road will be designed at the conceptual level. * Levee embankment tie-ins orcrossings at existing roadway embankmentswill be not be addressed in detail, only in a conceptual manner. Roadway geometric design will not be included in the 30% design drawings. No design work(i.e., ditches, culverts, pump stations,etc.)to address interior drainage is needed. Tide flex valves or other appropriate closure structures will be called out for existing drain pipes as needed. rA Design work will not include structural,architectural,utility,roadway,or drainage elements.Surface finishes will be gravel or topsoil and hydroseed. Landscaping will not be designed. The levee will not require armor stone or habitat features will not be addressed at the 30% design level. Site specific temporary and permanent erosion control measures will not be designed. 0 Plan sheets will depict wetlands and other critical areas as determined by GeoEngineers and others if data are provided to us in AutoCAD format. The total area of wetland impact based on the proposed levee footprint will be determined. Concept level or final design of wetland mitigation is not included but can be completed under a supplemental scope of services. ® Specifications or complete bid documents will not be developed at the 30%design level. Task 6 CC..( MIR Submittal/FEMA Accreditation Activities , of GeoEngineers and NHC will work together with the City to prepare the required documentation to FEMA to support a CLOMR after the team has completed the required science and documentation that meets the CLOMR criteria for approval. ri GeoEngineers will prepare a project specific operations and maintenance manual similar to the operations and maintenance manuals currently used for existing Green River Levees. n GeoEngineers and NHC will address one round of comments and make minor edits to submittal documents as appropriate. Deliverables ® FEMA MT2 Forms w Levee Operations and Maintenance Manual mi Final submittal package including all scoped components of the CLOMR submittal(see above)and formal introduction letter. GWENGINEERS Fle%.041&200-DO i City of Kent October 25,2016 Page 8 Assumptions * The City will assist GeoEngineers in revising the operations and maintenance manual and with coordination of other levee maintenance stakeholders (King County). Preparation of the manual will require cooperation from City public works, engineering, and maintenance personnel. The operations and maintenance manual will also require formal adoption from the City Council or other appropriate governing body. * We will endeavor to complete the certification with as few reviews as possible. However, levee certification reviews can be subjective, and regulations can be interpreted in different ways by different reviewers. We have budgeted for one round of comments and associated minor edits to reports. 'task 7 Contingency The purpose of this task is to address issues with the proposed levee alignment, additional analysis, or additional design required forthe CLOMR submittal.We anticipate thatthis contingency could be used for: ® Supplementing geotechnical explorations on a newly proposed levee alignment,along South 212th Street,for example. lu Updating the existing hydraulic scour analysis(NHC). * Providinga flooding risk based analysis forthe purposes of reducing f reeboard requirements(NHC). ® Addressing additional design issues required to prepare 30%design plans. * Addressing additional FEMA review comments. This scope item will not be used without first receiving explicit authorization from the City of Kent project manager. US:KTF:tt Attachments: Exhibit B. Fee Estimate NHC Scope of Services Disclaimer:Any electronic farm,facsimlle or hard copy of the original document(emall,text,table,and/or figure),If provided,and any attachments are onlya copy of the original document.The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright©2016 by GeoEngineers,Inc.All fights reserved. I GEOENGINEER FM`m.NIC-20UC0 : < ( § � § � 7 ; / !» L ) §){f! § ! � ] \ � I |! 9 ! 5 | / \ \ \ g d > d ] ! )) !! SCOPE OF WORK - HYDRAULIC ANALYSIS IN SUPPORT OF FRAGER ROAD LEVEE CLOMR DESCRIPTION OF WORK / PROJECT OBJECTIVES The City of Kent (City) would like to accredit the Frager Road levee under FEMA's levee accreditation framework. The work is motivated by the City's desire to remove the area behind the levee from the FEMA floodplain. The Frager Raod levee is located on the left bank of the Green River in Kent, WA and extends from the Puget Power Trail pedestrian bridge at river mile (RM) 19 downstream to S 2041h St at RM 17.25. The levee alignment is shown in Exhibit 1. The City has selected GeoEngineers as the prime consultant for this work, with Northwest Hydraulic Consultants, Inc. (NHC) as a sub-consultant. This contract is for NHC to perform hydraulic analyses and GIS mapping work necessary to prepare a FEMA conditional letter of map revision (CLOMR) package. TASKS, ITEMS, AND WORK PRODUCTS Task 1: FIo2D Modeling The 2009 FIS study, which was the basis for the floodplain mapping which the CLOMR seeks to amend, utilized a FIo2D model of the Green River floodplain. Levees were divided into "fail scenarios" as shown in Exhibit 2 and the model was run while assuming one levee fail scenario at a time. The results from the different simulations were compiled into a composite flood map. Exhibit 2 indicates that the "Midway/Johnson Creek" levee failure scenario produced the maximum flood depth for the area surrounding Frager Road. The FIo2D model developed for the FIS study will be updated such that portions of levees that have since been accredited (such as the Briscoe levee) are no longer assumed to fail during model simulations. The Frager Road Levee will likewise be treated as an accredited levee and no longer assumed to fail in the Midway/Johnson Creek scenario. The FIo2D model failure scenarios will be rerun with the accredited levees remaining intact. Assumptions: • Four model simulations. The revised, assumed accredited levee system will be run under"Fail Midway/Johnson Creek" and "All Levees Intact" failure scenarios, and then both of these for the 100-yr and 500-yr floods. The 100-yr results will be used for flood mapping while the 500-yr results will be used to determine necessary levee crest elevations. • The 100-year flow will be from the FIS study. The 500-yr flow is from a 2012 Corps of Engineers study. • A single levee alignment will be provided by the City for model simulations. Deliverables: • Depth and Water Surface Elevation shapefiles for each model simulation 1 Task 2: Interior Drainage Analysis An interior drainage analysis will be conducted to determine residual flood levels landward of the accredited levee due to backed up stormwater lines during periods of high flow. NHC will obtain the City's stormwater infrastructure GIS files, and create basins draining to each river outfall location. An HSPF (rainfall-runoff) model will be created, and the 60-year period simulated in previous Kent CLOMRs will be simulated to determine a runoff record for each basin. The FIS HEC-RAS model will be modified to include storage areas landward of each outfall. The HEC-RAS model will then be run for the same 60-yr period, using the HSPF runoff as inflow to the storage areas. The resulting water surface elevations from HEC-RAS will be used for a frequency analysis to determine 100-yr ponding water surface elevations landward of each Green River outfall. Assumptions: • City to provide stormwater infrastructure data in GIS shapefile format. • Our budget includes one day of field work to spot verify the outfall information. No other field work is budgeted. Deliverables: • Tabulated 100-yr water surface ponding elevations. Results will also be incorporated into the floodplain maps (Task 3) and discussed in the memorandum (Task 4). Task 3: Floodplain Mapping Flo2D model results from the 100-yr simulations will be combined with the remaining, unchanged FIS levee failure scenarios to produce a composite water surface elevation dataset (i.e., the water surface elevation dataset will contain the water surface at each grid cell based on the maximum value from all of the levee failure scenarios in the FIS). We will use this revised water surface elevation dataset to remap the flood hazard zones and BFEs that would change as a result of levee accreditation. The same methods and assumptions used in the FIS mapping will be used in this CLOMR mapping. Interior drainage analysis results will be used to map flooding in the areas affected. An example of the type of mapping we envision is shown in Exhibit 3. Assumptions: • Two FEMA map panels will require revisions, located along the left bank of the Green River. We do not anticipate the need to revise right bank flood hazard zones. • Maps are not required for the 500-yr results since this flood simulation will only be used to inform design. i Deliverables: i • A workmap as well as annotated FIRMS for each FEMA map panel will be created in pdf file format suitable for inclusion in a CLOMR submittal. • GIS shapefiles of the revised flood hazard zones and BFEs. Task 4: CLOMR Package Preparation A technical memorandum documenting the model results and mapping will be prepared. The memorandum will also discuss scour and embankment protection considerations for the levee. 2 We will assist in the preparation of MT-2 forms, and package our report, models and data together for submittal to FEMA. One round of comments (from City) on the memorandum is budgeted for; however, we assume any additional modeling resulting from comments will be minimal (less than 6 hours). Assumptions: • NHC performed a scour analysis through this reach for the City in 2011, which included a recommended toe scour elevation profile. Because this work was done recently, we assume that it provides sufficient guidance, and no additional scour analysis is required. • NHC will address hydrologic and hydraulic considerations. Biologic and geotechnical considerations to be evaluated by GeoEngineers. • One round of revisions to the work products is budgeted for following City comments, and one round following FEMA comments. Deliverables: • Technical memorandum documenting the model results and mapping. • Hydraulic portions of MT-2 forms. • Scour analysis conducted in 2011 will be appended to the report. • All models, maps, report, and MT-2 form will be packaged in a single zip file for easy transmittal to FEMA. Task 5: Management and Coordination Coordination with the City will be one of the responsibilities of the prime consultant; we therefore have budgeted limited meeting and management resources. Assumptions: • Five (approximately monthly) one-to-two hour conference call meetings with the City, GeoEngineers, and/or FEMA. Task 6: Contingency This task serves as a placeholder to limit the need for future amendments as the project evolves. It includes budget for additional analyses that are currently not envisaged but may become necessary if unforeseen circumstances arise or if the proposed levee alignment j changes. Examples of such analyses include, but are not limited to, updating the scour analysis, additional Flo2D model runs, or performing a risk-based analysis for accreditation with less than three feet of freeboard. In addition, we include coordination with FEMA and response to FEMA comments in this task due to the uncertain nature of the work required. Assumptions: • Contingency funds will only be released following consultation with the City on the extent of additional work required. All or part of the funds may be released. • The budget allocated in this task is meant to be sufficient for one to two additional analyses, not to cover every situation that could conceivably arise. 3 STAFFING The Principal-in-Charge will be Mr. Todd Bennett. Mr. Alex Anderson will serve as project manager and engineer, and Mr. Vaughn Collins will serve as senior engineer/reviewer. SCHEDULE It is anticipated that the maps and draft memorandum can be delivered three months after i receiving a notice to proceed. Assuming this notice comes in November of 2016, the draft products would be delivered by the end of February 2017. Final work products could be submitted by March 31 2017. i Ii 4 COST ESTIMATE The cost estimate for the services described above is $87,348. This includes the contingency task, which was assumed to be 25%. A cost breakdown is shown in the table below. Northwest Hydraulic Consultants Inc. Estimate of Professional Services ICI 16300 Chilstensen Road,Suite 350 Prepared For: GeoEngineers Seattle.VA 3 818 8-3 418 Project: Tel.(206)241-6000 Frager Rd Levee CLOMR Fax(206)439-2420 Date: 1012512018 I Prepared B4: Ales Anderson Staff Hours GIS Clerica Princlp Sr. Speciali 11Contr TASK DESCRIPTION at En - Eng. st act Totals Taskl FWD Modeling 24 64 $13.312 Task Interior Drainage Analysis 20 72 $13.638 Task Floodplain Mapping 4 20 40 32 $12.976 Task 4 CLOMR Package Preparation 10 40 78 16 20 $24.619 Tasks Management and Coordination 8 10 10 $5,176 Task Contingency $17,500 Total Hours and D'el.eho Ir cc r Co's't(oLj zi.o 114.0 zea.o Total Labor Rate($1hr) 1 $237.62 1 $ 191.171 $ 136.31 $85.94 $129.{{ TOTAL LABOR COST $87,221 Direct Expense Detail Units Rate Cost Mileage g :S:IS60 :15:1:1 5:0.64 $27 i Reproduction,Couriers,&Communication $100 $127 I Cost Summar Total Labor $87,221 Total Direct Expenses $127 $87, 448 5 zr� ' a`a Y �` �,�• � � a t.�� 'afr�' � �� "� � ass r, sr 4Da r` - i A b at .'F x MR mw K � t ya +9Yg y L g p Frager Levee I < Legend rx� Structures Inundated Areas Green River Governing Scenaio Levee Failure Scenarios AJI Levees Intact i * r Reddington Reddington �. ry Reddington+ Mill CuhAullen SI. Mill CrlMullen Slough = Horseshoe Bend Horseshoe Bend aAr ® i EastValley East Valley f (` ' a� 111=211 MidwaylJohrson Creek Mkimay/Johrson Creek fail All Levees Other(fail Al Scenarlc Only) FLO-2❑ Model Domain it EXHIBIT 3: Sample FIRM Workmap showing typical edits 7 jj( °, �7ti Ap Limits of Map Revision l 4 Major Contours - 10 ft Minor Contours u - 2ft + Spot Elevations 9 Base Flood Elevations Deleted x ryR, ,� s ` , s; � ;�. Modified 61 It Unchanged CLOMR Mapping Revision Zones t, , '� bf - Shaded Zone (Area Protected by Levee) L� ¢ _ =' _ ti. a Zone AE 4 ,a , (J 3 Rt, Shaded Zone ( < 1ft) Removed Floodway -� Remaining Floodway Revised Prelim Mapping Nov 2010 Zones Pk Zone AE Shaded Zone X N F771Unchanged Floodway Notes: 8 i v= e e e M e 3.. 0 t R F L E � o � s s a � : a. 4 In e p n m1nmo a!a � e'.SSSe € � = € frfrso'nc & frg � � � m � 2F F HIM £ _ £ ei. E � � c Ami a :s - S e aa � a Es '� " 2Fac ga € W "Ss "SPC � � ca � EZE M � e EaE � _ S E E g a FE ig ?zl'. Y1` A".b"i' S' @' Y k' Y §` Y Y4. 4' 9•''.Y Y S' 6' 6' S' Yh' G' Y ®' YY P h'.Y'.!` &' W' A' Y A" VY b' 6' 4' g A' 4` r,la „i„ a x m - F : S EXHIBIT C 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 C (Continued) I 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. ACORD., Client#: 326119 GEOENINC2 CORD.,,, CERTIFICATE ®F LIABILITY INSURANCE GATE 15120(VI'VV) J4 11/ 5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)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). PRODUCER CONTACT Please send all requests by USI Kibble& Prentice PHONE fax or email FAX 610-362.8518 A/C No Efd: (AIC,No):_. 601 Union Street, Suite 1000 nooaEss. CIE ertRequest@usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAICIf 206.441.6300 INSURERA:Continental Insurance Company _ 35289 INSURED INSURERS:Liberty Insurance Corporation 42404 GeoEngineers, Inc. INSURERC:Valley Forge Insurance Company 20508 8410 154th Ave NE Nat'l Fire Ins Co of Hartford - 20478 INSURER 0: _... Redmond,WA 98052 INN SURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: K1 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 CONTRACTOR 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. _ LT R ADOL SUBR' POLICY EFF POLICY EXP LpR X _ _TYPE OF INSURANCE INX X POLICY NUMBER (MMIOOIVYYV MMIDO/YYYY _ LIMITS COMMERCIAL GENERAL LIABILITY 6024049165 3/31/2016 0313112017 FAqCHqOCCURRENCE $100000-0 CLAIM$MADE C'..OCCUR p tA GF T( RENTED PREMISES Ea wcurren'a $500000 _ X WA Stop Gap MEDEXP(Any one porsDN_ $15000 PERSONAL&AOV INJURY $1,000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,009,000 POLICY` PRO-JECT �LOG PRODUCTS-COMP/OPAGG 52,000,000 OTHER: WA Stop Gap $1,000,000 -' -" - COMBINED SINGLE LIMIT D AUTOMOBILE LIABILITY X X 6024049196 D3131120116 03/31/201 Ea.cdgent s1,0 00,000_, X ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Parrl.ldnnll $ AUTOS AUTOS --- NON-OWNED PROPERTY DAMAGE 5 X HIRED AUTOS X AUTOS (Paracedan) 5 B X UMBRELLALIAB X occuR X X TH7661066735016 3131/2016 03131/2017 EACH OCCURRENCE $I 000000 EXCESS LIAR CLAIMS-MADE XS Of GL,Auto& AGGREGATE _ $1,000 000 DED X RETENTION$10000 _ Employers Liab. _ _s C WORKERS COMPENSATION X WC624049179 3l31/2016 03/31/201 X DER U oTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE YIN ID LA MI MO NC ORTXUT USL&HIMI k1.EACH ACCIDENT 51 000,000 OFFICER/MEMBER EXCLUDED? N/A C (MandraHrInNEI X WC624049182 3/31/2016 03131/2017 E.L.DISEASE-EA EMPLOYEE $1 006,000 If yes,descrlb,undo, 'Inc[DESCRIPTION OF OPERATIONS below CA Intl USL&H/MEL WA E.L.DISEASE-POLICY LIMIT $1 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD tot,Additional Remarks Schedule,maybe attached If mare space is required) 0410.200.00-Frager Levee Assessment,S. 216th& Frager Road 5., Kent,WA. City of Kent is Additional Insured as respects General Liability and Automobile Liability If required by written contract per attached endorsement.coverage is primary and non contributory as respects General Liability if required by written contract per attached endorsement. I i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S19289880IM19264392 DXKZP i CNA CPIA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10.01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or sB. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage,or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 6024049165 Page 1 of 2 Endorsement No: 3 The Continental Insurance Co, Effective Date: 03/31/2016 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted mateflaI of Insurance services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. 7hisndorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and s concurrently with said Policy. CNA75079XX (1-15) Policy No: 6024049165 Page 2 of 2 Endorsement No: 3 The Continental Insurance Co. Effective Date: 03/31/2016 Insured Name: GEOENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,ina,with its permission. CNA63359XX CNA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE name, with your permission, while performing duties related to the conduct of your business. A. Who Is An Insured "Policy," as used in this provision A. Who Is An The following is added to Section 11, Paragraph Insured, includes those policies that were in force A.1.,Who Is An Insured: on the inception dale of this Coverage Form but: 1. a. Any incorporated entity of which the 1. Which are no longer in force; or Named Insured owns a majority of the voting stock on the date of inception of 2. Whose limits have been exhausted. this Coverage Form; provided (hat, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are A.1. does not apply to any such entity revised as follows: that is an "insured" under any other liability"policy" providing "auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to$5,000; and 2. Any organization you newly acquire or form, other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is partnership or joint venture, and over which changed from $250 to$500 a day. you maintain majority ownership interest. C. Fellow Employee The insurance afforded by this provision A.2.: Section II, Paragraph B.5 does not apply. a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C. date, and is afforded only until the end of s excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception 11, PHYSICAL DAMAGE COVERAGE date, whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal — b. Does not apply to: Falling Objects Or Missiles (1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph caused by an "accident" that A.3.: occurred before you acquired or With respect to any covered "auto,"any deductible formed the organization; or shown in the Declarations will not apply to glass (2) Any such organization that is an breakage if such glass is repaired, in a manner "Insured" under any other liability acceptable to us, rather than replaced. "policy"providing "auto"coverage. B. Transportation Expenses 3. Any person or organization that you are Section III, Paragraph AA.a. is revised, with required by a written contract to name as an respect to transportation expense incurred by you, additional insured is an "insured" but only with to provide: respect to their legal liability for acts or omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to "insured" under Section II — Who Is An b. $1,800 maximum, in lieu of$600. Insured and for whom Liability Coverage is afforded under this policy. If required by C. Loss of Use Expenses written contract, this insurance will be primary and non-contributory to insurance on which Section III, Paragraph AA.b. is revised, with the additional insured is a Named Insured. respect to loss of use expenses incurred by you, to provide: 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600, contract or agreement in that "employee's" CNA63359XX copyright,cNA corporation,2000, Page 1 of 3 (Ed. 04/12) Includes copyrighted materlal of the Insurance services Office used with Its permission. CNA63359XX (Ed. 04/12) D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6.. this policy, and such coverage does not extend to Subject to the following, the "diminution in value" Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of 30 days or less, while performing duties b. Any covered "auto" hired or rented by your"employee" without a driver, under a related to the conduct of your business; and contract in that individual "employee's" name, with your permission, while b. Any covered "auto" of the private performing duties related to the conduct passenger type hired or rented by your of your business. "employee"without a driver for a period of 30 days or less, under a contract in that c. The most we will pay for any one individual "employee's" name, with your "accident" or "loss" is the actual cash value, cost of repair, cost of replacement permission, while performing duties elated to the conduct of your business. or $75,000. whichever is less, minus a $500 deductible for each covered auto. c. Such coverage as is provided by this No deductible applies to "loss" caused by provision is limited to a "diminution in fire or lightning. value" loss arising directly out of d. The physical damage coverage as is accidental damage and not as a result of provided by this provision is equal to the the failure to make repairs; faulty or physical damage coverage(s) provided on incomplete maintenance or repairs; or the your owned "autos." installation of substandard parts. e. Such physical damage coverage for hired d. The most we will pay for "loss" to a "autos"will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the (1) $5,000; or consequence of an "accident" for which the Named Insured is legally (2) 20% of the "auto's" actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the III. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections II and III: provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a $750 per"accident." covered "auto" for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care, custody or control of, any of your The following is added to Section Ill, Paragraph "executive officers,"except: B.3.: a. An "auto" owned by that "executive officer" or The accidental discharge of an airbag shall not be a member of that person's household; or considered mechanical breakdown. b. An "auto" used by that "executive officer" F. Electronic Equipment while working in a business of selling, Section III, Paragraphs 8.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: Such Liability and/or Physical Damage Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. "auto" also applies to "loss" to any (1) Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto"; and including its antennas and other accessories. CNA63359XX copyright,cmw corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office usc¢i with its permission. CNA63359XX (Ed. 04112) (2) Excess over any other collectible damage, against any person or organization for insurance. whom or which you are required by written 2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from us' means a person holding any of the officer positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the same household, organization. includes that person's spouse. You must agree to that requirement prior to an Such "executive officers" are "insureds" while "accident" or"loss." using a covered "auto" described in this provision. C. Concealment, Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph A. Duties In The Event Of Accident, Claim, Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) Your "employees" may know of an such failure or omission is not intentional. "accident" or "loss." This will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV, Paragraph such "accident" or "loss" is known to you B 5 or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 5.d. above, the coverage provided by this The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written (6) Your "employees" may know of contract must have been entered into prior to documents received concerning a claim "Accident"or"Loss." or"suit."This will not mean that you have E. Policy Period, Coverage Territory such knowledge, unless receipt of such documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executive provide: officers or partners or your insurance manager, a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is deleted and replaced by The following is added to Section IV, Paragraph the following: s A.5. Transfer Of Rights Of Recovery Against "Bodily injury" means bodily injury, sickness or disease Others To Us: sustained by a person, including mental anguish, We waive any right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed, 04/12) Includes copyrighted material of the Insurance Servirss Office used with Its permission. i TERRA INSURANCE COMPANY Terra Insurance Company (A Risk Retention Group) F TERRA Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 INSURANCCEE COMPANY CERTIFICATE OF INSURANCE DATE 11/22/16 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 This certifies that the"claims made" Insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 216019 01/01/16 12/31/16 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION City of Kent,Frager Levee. GeoEngineers'No. 0410-200-00 CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty(30) days of the notice to the Company from the insured. ISSUING COMPANY: CERTIFICATE HOLDER TERRA INSURANCE COMPANY City of Kent (A Risk Retention Group) Atha:Nancy Yoshitake 400 West Gowe Kent, Washington 98032 tj IaAc I President I' Washington State Department of 4TATI, Employer Liability Labor and Industries Certificate p��p i Vl Y���i&SU IyOS• Department of Labor and Industries Employer Liability Certificate Date: 11/14/2016 UBI #: 600 375 010 Legal Business Name: Account#: 429,351-00 'Doing Business As' Name: GEOENGINEERS INC Estimated Workers Reported: Quarter 3 of Year 2016 "Greater than 100 (See Description Below) Workers" Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: GEOENI*110JE Expire Date: 5/9/2017 Account Representative: T1 /FEARAED FEROZE (360)902-4797�, - Email: FERH235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers, Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51,1.6.190 ). https:Hfortress.wa.gov/lni/crpsi/AcetInfoPrint.aspx?Accountld=4293 5100... 11/14/2016 REQUEST FOR MAYOWS SIGNATURE � r Routing information; P� ,� ✓',�„ (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) fj�''ti '€ i✓ Approved.by frlrect¢n Originator: Alex Murii10 Phone (Originator): 5528 ! Date Sent: r ad Date Required, i Return Signed Document to: Nancy Yoshitake Contract Termination Date:;12/31/17 VENDOR NAME: Date Finance Notified: ) GeoEn IneerS, Inc {Only required e contracts 11 7 1 5/1 6 g 20 000 and over or on an Grant DATE OF COUNCIL APPROVAL 1 Date Risk Manager Notified:N/A 11/15/16 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specifically Account Number: �Z�Qg Authorized In the Budget? ® YES NO Brief Explanation of Document: The attached agreement is for GeoEngineers to prepare the Conditional Letter of Map Revision (CLOMR) submittal package for the Frager Road Levee Project which is located on the west bank of the Green:River between the Puget Power Trail foot bridge north of Veterans Drive and S. 204th St. Y% % LEE All Contrafi�#s Must Be Routed Through The Law Department (This area to be completed by the Law Department) t f' Received: i � s �t .; Approval of KENT: i f M_ a4 � Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: E Dis osltion; p Date Returned: P cru m � o m r s ma equest mi r�arw sa awre o I �E T Agenda Item: Consent Calendar - 7K WnsuikcTQH TO: City Council DATE: November 15, 2016 SUBJECT: Consultant Services Agreement with GeoEngineers, Inc. for Frager Road Levee Certification - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with GeoEngineers, Inc., in an amount not to exceed $333,271, for engineering services on the Frager Road Levee, subject to final terms and conditions acceptable to the city attorney and the public works director. SUMMARY: The Frager Road Levee is located on the left bank (west side) of the Green River, just north of Veteran's Drive near S 224th Street and connects north to approximately S 204th Street. The levee reach is roughly 1.5 miles long. FEMA is preparing to update their floodplain maps and the area that is currently protected by this levee is at risk of being mapped in the FEMA floodplain. Residential properties and businesses that are mapped in the FEMA floodplain are faced with lower property values, strict development regulations, and often are required to secure FEMA flood insurance policies. A levee certification study of the Frager Road Levee is needed in order to determine needed repairs or improvements and submit to FEMA for a Conditional Letter of Map Revision. This contract with GeoEngineers, Inc. is for a full levee certification report to be prepared and submitted to FEMA. Full FEMA accreditation of the levee will be done once recommended repairs or improvements are completed. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Boyce, Ralph NAY: BUDGET IMPACTS: Funding for this contract will come from budgeted drainage utility funds.