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HomeMy WebLinkAboutCAG2020-161 - Original - OTAK, Inc. - Mill Creek at 76th Avenue South Flood Protection Improvements - 06/03/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 DATE: June 2, 2020 TO: Kent City Council SUBJECT: Consultant Services Agreement with Otak, Inc., for the Mill Creek at 76th Avenue Flood Protection Improvements Structural and Stream Geometry - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Otak, Inc. for Structural Engineering and Stream Geometry Consulting Services for the Mill Creek at 76th Avenue South Flood Protection Improvements project in an amount not to exceed $346,300., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Mill Creek at 76th Avenue South Flood Protection Improvements project consists of improving the Mill Creek channel, replacing culverts, adding habitat improvements, planting stream vegetation and raising 76th Avenue South above the FEMA base flood elevation. In 2018, the City received a State of Washington Department of Commerce grant for $2 million dollars and in 2019 the City received an additional State of Washington Department of Commerce grant for $1 million dollars. Consultant services are needed for retaining wall designs, structural design for three bridges to replace undersized culverts, a technical information report, stream geometry analysis and design for construction plans and specifications. BUDGET IMPACT: The contract will be paid for using budgeted storm drainage funds and grant funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 8.D Packet Pg. 61 ATTACHMENTS: 1.Consultant Services Agreement with OTAK (PDF) 05/26/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 6/2/2020 7:00 PM 8.D Packet Pg. 62 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 11241 Willows Road NE, Suite 200, Redmond, WA 98052, Phone: (425) 739 -7965, Contact: Lori McFarland (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide final design services for the Mill Creek at 76th Avenue South Flood Protection Improvements Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2021. III.COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Forty Six Thousand, Three Hundred Dollars ($346,300.00), 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 A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within t he 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 Consultan t's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII.INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX.EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI.CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII.WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII.MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 add ressee 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 modificati on 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. A ll 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 th is 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. / / / / / / / / / / / / 06/04/2020 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx Exhibit A City of Kent Mill Creek at 76th Avenue S Flood Protection Improvements Final Design Otak Project No. 33048 Scope of Services The project is part of Project A-7 in the City of Kent Master Drainage Plan (September 2008). The project relates to other planned work with a sediment removal project downstream and upstream of the culverts described as the Mill Creek Re-establishment Project, raising the road grade of 76th Avenue S known as the 76th Avenue S Improvements Project, and this project as the Mill Creek at 76th Avenue S Flood Protection Improvements Project. These projects equally serve the goal of reducing flooding to the roadway and adjacent properties. Providing “complete street” improvements is also a goal and may be included in both projects, depending on phasing of the work. The flood protection project will consist of replacing five existing culverts with three bridges, revisions to the creek alignment, cross section and grade, and will be coordinated with the 76th Avenue S Improvements project. Otak’s scope for this contract is limited to the creek crossing structure design and stream revisions. As a result of a first design phase which included alternatives analysis, the City of Kent has selected the preferred alternative as described below. The preferred alternative depends in part on the results of on-going coordination with property owners to obtain property rights, and acceptance from permitting agencies. This scope assumes that the preferred alternative will be developed through final design with construction estimated to align with the in-water-work window beginning in August 2021. While the project is combined into the Joint Aquatic Resource Permit Application (JARPA) for the Mill Creek Re-establishment project that will remove excessive sediment deposits from the adjacent reaches of stream, this project is not expected to be constructed at the same time. The preferred alternative will include stream and structures design for three crossings to replace undersized culverts through a stretch of Mill Creek approximately 950 feet in length. Two crossings are under driveways shared by businesses at 22011 76th Avenue S and 22203 76th Avenue S. The third crossing is at 76th Avenue S near the south property line of 22203 76th Avenue S. The alignment of the stream will be modified at the third crossing to improve the radius of the 90° bend (referred to as Alignment B in the Type, Size and Location (TS&L) Report). The preferred structure type is a precast prestressed wide flanged girder (PCPS WF) bridge with a cast- in-place (CIP) deck for all three crossings. The two driveway crossings will have a span length of 46 feet and approximate widths of 65 feet and 80 feet. The roadway crossing will have a minimum span length of 32 feet and a width of approximately 80 feet. It is expected that walls above the ordinary high water mark will be needed to conserve space for stream cross-section and the design is considered part of this scope. The work will be accomplished under separate tasks with each requiring a separate notice to proceed. Project management is included in each task. Project Schedule The project delivery schedule is as follows, multiple task NTP’s may occur simultaneously and not necessarily in Page 2 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx the order below. NTP will be paired for Tasks 3 and 4, and Tasks 6 and 7. Task 1 – Alternatives Analysis – Immediately after NTP Task 2 – 30% stream geometry design – two months after task NTP Task 3 – 50% stream geometry design – three months after task NTP Task 4 – 50% bridge and retaining wall design – three months after task NTP Task 5 – Technical Information Report – two months after task NTP Task 6 – 100% stream geometry design – four months after task NTP Task 7 – 100% bridge and retaining wall design – four months after task NTP The anticipated duration of the reviews by the City is 3 weeks for each task. Review time by WDFW, Ecology, and the Corps of Engineers will be estimated in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget. Items and Services to Be Furnished by the City The City will provide the following items and services. Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others.  Available as-built drawings and information on other projects in the immediate vicinity.  CADD standards and City Standard Design Details.  Site boundary and topographic survey including utilities critical area boundaries and existing ground surface.  Utility coordination including temporary relocations during construction and permanent utility plans.  Right-of-way plan.  Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies.  Timely reviews of Otak submittals at the mutually agreed upon times according to the project schedule and the consolidation of all review comments by others onto one review set prior to return to Otak.  Payment of all application reviews and/or permit fees.  Geotechnical information as needed for structural design.  The City will prepare any exhibits needed for property owner coordination, public outreach, utility coordination.  A LOMR, if required, will be prepared by others. Design Criteria The City will establish the project parameters and design criteria. Reports and plans shall be developed in accordance with the latest edition and amendments as of the date of the contract Notice to Proceed, for the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. Agency Manual or Guidelines City of Kent  Kent Design and Construction Standards Manual 2009 and Standard Plans, including updated standards  Kent 2017 Surface Water Design Manual  Kent Drafting/CADD Standards Washington State Department of Transportation (WSDOT)  Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction (M41- 10), current version  Bridge Design Manual (BDM) (M23-50), June 2018  Geotechnical Design Manual (GDM) (M46-03), May 2018 Page 3 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx American Association of State Highway and Transportation Officials (AASHTO)  Load and Resistance Factor Design (LRFD) Bridge Design Specifications 7th Edition, 2014 with the current Interims United States Department of Transportation, Federal Highway Administration (FHWA)  Rockery Design and Construction Guidelines, November 2006 FHWA Publication No. FHWA-CFL/TD-06-006 Washington Department of Fish and Wildlife (WDFW)  Water Crossing Design Guidelines, 2013  Integrated Streambank Protection Guidelines, 2002  Stream Habitat Restoration Guidelines, 2012 Other  King County Surface Water Design Manual 2016  U.S. Army Corps of Engineers and Ecology Mitigation Plan Guidance Task 1: Alternatives Analysis  Additional hydraulic alternatives developed to an approximately 20-percent design level, including horizontal alignment, cross-section, footprint layout, and vertical alignment of culvert replacements and roadway and driveway improvements/restoration.  Based on a new alternative, additional hydraulic evaluation to check maximum velocities and depths at the 2-, 25-, and 100-year peak discharges.  Based on a new alternative, additional structural analysis including: a. Revisions to stream geometry b. Geotechnical coordination c. Structure geometry relative to the roadway and adjacent improvements d. Development of culvert/bridge structure type options for the new alternative dimensions e. Develop foundation type options f. Develop preliminary sketches and costs of each option  Revisions to the Type, Size, Location (TS&L) Memorandum to incorporate the new alternative.  Revisions to the JARPA exhibits for the new alternative. Project Management Otak will manage their work to ensure effective and efficient communication between Otak and City project team members, submittal of invoices in a timely manner, proactively anticipating and resolving problems and ensuring quality products that meet the project’s goals and objectives. Otak’s project manager and other appropriate staff will participate in coordination and design meetings as needed. Hours for project management, site visits, and meetings are incorporated into the following tasks below. Assumptions:  Site visits for up to six staff  Weekly project status email  Bi-weekly phone meetings  Up to 24 staff hours attending meetings at the City  Project management for up to 12 months Task 2: 30-Percent Stream Geometry Design 2.1 30-Percent Stream Design Page 4 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx Otak will perform a field assessment to record observations and gather field measurements documenting stream characteristics at the culvert locations, as well as the immediate upstream and downstream reaches to prepare qualitative assessments and take field measurement and photographs regarding: bed material, particle size distribution, habitat type, sediment transport processes, and man-made channel alterations. Field data will be collected to identify the spatial distribution of the following: · Bed material characteristics. · Channel form and process using channel evolution classification. · Reach-scale channel processes including sediment sources, transport, and deposition · Relative abundance of large and small woody debris and their effects on channel stability. · Hydraulic controls/constrictions not previously identified Otak will use the information collected during the field assessment to document geomorphic recommendations for designing the stream channel including gravel size for bed material, stable channel dimensions. The documentation and recommendations will be included in a Basis of Design Memorandum. Otak will develop a 30-percent design for stream improvements consisting of plan and profile sheets with typical sections. Assumptions:  The channel dimensions and floodplain as space permits will fit within the structure spans previously selected by the City, using bankfull width recommended in Otak’s technical memorandum Mill Creek Road Crossing Analysis dated April 17, 2019. 2.1.1 Hydraulic Analysis Otak and the City will have one meeting to coordinate with the consultant that is preparing the LOMR to verify that Otak’s methodology provides the data consistent with the needs of the LOMR work. Otak will complete hydraulic analyses using HEC-RAS, based on topographic survey data collected for the stream channel. The model domain will extend approximately 300’ upstream and 300’ downstream of the most upstream and downstream culverts to evaluate any effects on upstream or downstream properties and to verify compliance with the zero-rise requirement for the City. The hydraulic analysis will be used to verify water surface elevations, minimum freeboard and debris clearance, as well as velocities for confirming stable channel dimensions and bed material. A stable channel analysis will be performed using analytical methods following accepted methods in WDFW guidelines for stream simulation culverts, based on the hydraulic model results. The results of the analysis will be used to confirm bed material gradation, and stable channel dimensions and gradient for the stream simulation culvert. Assumptions:  The HEC-RAS hydraulic analysis and model will be provided, but no zero-rise report will be prepared. 2.2 Sediment Source Management Design Flows from the downtown core enter Mill Creek near the south end of the project through the Boeing Creek tributary. Heavy sediment plumes have been observed at this outfall. Otak will participate in a field visit with the City to identify sources and volumes of sediment supply. The flow from the downtown core will be analyzed to identify methods of sediment management. Up to three concepts will be proposed prior to submittal of the 30-percent design. Sediment source management concepts that may be considered include Page 5 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx a settling vault at the outfall, a settling basin located upstream of the outfall, stabilization of eroding reaches of the Boeing Creek tributary, and/or revegetation of disturbed or eroding areas within the downtown core. If the City’s preferred method is located within this project’s limits, it will be incorporated into the submittal. Assumptions:  Field work will be accomplished in one field day with two Otak staff  Up to three concepts will be prepared with only one to be carried forward into the 30-percent submittal  This task will require a separate Notice to Proceed from the other Task 2 work. 2.3 Off-site Stormwater Management Design Privately-owned water quality swales and water quality ponds will be impacted by the stream improvements. Otak will prepare planning-level design concepts, with the primary goal of minimizing footprint and restoring the water quality treatment functions intended for these facilities. Assumptions:  Up to two swales and three ponds will be impacted  If available, as-constructed record drawings and TIRs for the existing swales and ponds will be provided by the City. If not available, the City’s basemap will include sufficient detail to determine existing functionality 2.4 Permitting Agencies Coordination The City may request technical design support during permit coordination. An allowance has been included to respond to requests to furnish data, respond to questions by permitting agencies, or attend meetings. Assumptions:  An allowance of 40 hours is assumed 2.5 Streambank Restoration Design For use in permit applications, Otak will prepare a 30-percent level design of streambank restoration landscape and temporary irrigation design along approximately 950 linear feet of creek, inclusive of crossings. Planting areas will extend from the ordinary highwater mark to the back of sidewalk and the limits of disturbance for the creek grading, as applicable. The design will identify the plant palette, proposed areas for planting and temporary irrigation, and proposed connection location(s) for temporary irrigation. Assumptions:  Landscape plans prepared by Otak for 30-percent design will include sheet setups, planting palette and areas to be planted, irrigation type and areas to be irrigated, and the point of connection with system pressure data at that point.  Landscape and irrigation design to use AutoCAD along with Land f/x program Deliverables:  PDF files for each deliverable  CADD files  Basis of Design Memorandum  Concept and 30-percent plans  30-percent cost estimate  Hydraulic model for use by others in preparation of LOMR Page 6 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx Task 3: 50-Percent Stream Geometry Design Upon receipt of the City comments for the 30-percent design and the task notice to proceed, Otak will further the stream geometry design, streambank restoration design, and off-site stormwater management design. The 50-percent design will include plans, a list of anticipated special provisions, and construction cost estimate. 3.1 Sediment Source Management Design If authorized by the City, Otak will advance the design of the preferred concept for sediment source management from the Downtown core outfall to 50-percent level, including preparation of plans, specifications and cost estimate. Assumptions:  The City will provide current CADD files for City-designed items that may affect Otak’s design. Deliverables:  PDF files for each deliverable  CADD files  50-percent plans  List of anticipated special provisions  50-percent cost estimate Task 4: 50-Percent Bridge and Retaining Wall Design The objective of this task is to develop structural calculations, plans, specifications and construction costs to the 50% design level for the following structures: · Bridges: o Bridge carrying 76th Avenue S over Mill Creek o Bridge carrying the driveway access to 22011 76th Avenue S over Mill Creek o Bridge carrying the driveway access to 22033 76th Avenue S over Mill Creek · Retaining walls between bridges · Retaining wall at approximate Station 11+50 Left Considerations related to construction phasing, geotechnical coordination, shoring, traffic phasing, stream impacts, utility impacts and grading will be evaluated in coordination with other disciplines and the City. Task 4.1 Bridges Otak will develop the bridge option recommended in the previously prepared Type, Size and Location (TS&L) report for each of the three bridges. The recommended bridge type is a single span precast prestressed wide flange girder bridge with a cast in place concrete deck. Bridge span lengths are assumed to be approximately 32 feet at the 76th Avenue S crossing and 46 feet at the two driveway crossings. It is assumed that the bridge will be founded on spread footings. Bridge design staff will continue coordination with the geotechnical engineer, who is under separate contract with the City, to determine the foundation type and incorporate foundation design recommendations, including ground improvements if needed, into the design. Otak will develop design calculations and will prepare plans for submittal to the City. Bridge items will be included in the project cost estimate. Special provisions for non-standard WSDOT bridge items will be prepared for submittal to the City. Task 4.2 Retaining Walls It is assumed that retaining walls will be needed to support the west side of the 76th Avenue S roadway adjacent Page 7 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx to Mill Creek between the bridges. Wall types may be reinforced concrete semi-gravity cantilever, soldier pile, gravity block or structural earth walls. If it is determined that walls are needed at other locations or that other wall types are needed, additional scope and fee may be needed to complete the design. Structural design staff will coordinate with grading, utility, hydraulics and geotechnical disciplines to determine wall needs and design. It is further assumed that exposed walls facing Mill Creek will be above the ordinary highwater mark. Otak will develop design calculations and will prepare plans for submittal to the City. Retaining wall items will be included in the project cost estimate. Special provisions for non-standard WSDOT retaining wall items will be prepared for submittal to the City. Assumptions:  Bridges will be based on the recommended option in the previously completed TS&L report  Bridge foundations will be spread footings  Retaining walls type will be reinforced concrete semi-gravity cantilever, soldier pile, gravity block or structural earth walls  City review comments will be minor and significant changes to the design requiring an effort greater than the level of effort assumed in the attached fee estimate will not be needed.  This scope of work does not include construction support services or bridge load rating, which, if needed, will be provided under a separate scope and fee.  The following structural plan sheets will be needed: Deliverables:  50% bridge and retaining wall plans  50% bridge and retaining wall items included in the project construction cost estimate  50% bridge and retaining wall special provisions Task 5: Technical Information Report Otak will prepare a Stormwater Technical Information Report (TIR) based on requirements set forth in the 2017 City of Kent Surface Water Design Manual (SWDM) that will cover all the culvert replacements for this project. It will contain all calculations, conceptual design analyses, reports, studies, etc. performed in the modeling and design phase of this project, including the off-site stormwater management facilities. The TIR will comply with the requirements for a Targeted Drainage Review (TDR) Project Category 2, which will only require analyses and documentation for the following Core and Special Requirements: 1. Core Requirement #1: Discharge at the Natural Location 2. Core Requirement #2: Offsite Analysis - the three new culverts will only require Offsite Analyses Level 1 (qualitative survey) 3. Core Requirement #4: Conveyance System a) The five culverts that will be replaced with bridges for Fish Passage will comply with Kent’s SWDM 1.2.4.1 – Culverts. The replacement requires conveying the 25-year peak flow and not creating or aggravating a severe flooding problem during the 100-year peak flow. The new bridges and stream channel restoration will also provide fish passage per SWDM Section 4.3.2. b) Conveyance System Implementation Requirements per SWDM Section 1.2.4.3 · Methods of Analysis and Design per SWDM Section 3.2 · Composition – The stream channels with the new bridges will be designed as vegetation/natural gravel-lined channels, as opposed to armored systems. · Interflow and Interception – Any significant seeps that could impact the road or structures proposed by the project will be intercepted and directed to the downstream stream channel or wetland, and provisions for passage of concentrated flows will be made. · Outfalls – Design for collected and concentrated surface and storm water runoff will include Page 8 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx energy dissipation and will not include new point discharges over steep slopes (>15%). · Spill Control – All pollution-generating impervious surfaces that drain to the culverts are assumed to already have treatment and spill control measures. · Ground Water Protection - All pollution-generating impervious surfaces that drain to the culverts are assumed to already have treatment and spill control measures · Pump Systems – All surface and storm water conveyance systems within the project are assumed to be gravity systems. 4. Core Requirement #5: Erosion and Sediment Control (ESC) - A comprehensive Construction Stormwater Pollution Prevention (CSWPP) plan will be prepared. Implementation of the CSWPP will address: a) ESC and SWPP plans b) Wet Season Construction c) Construction within Critical Areas and Buffers d) Maintenance e) Final Stabilization f) Other Required Permits (NPDES and WDFW HPA) 5. Core Requirement #6: Maintenance and Operation (O&M) – The Project is assumed to be maintained by the City of Kent. 6. Core Requirement #7: Financial Guarantees and Liabilities – Assumed to be provided by City of Kent. 7. Special Requirement #4: Source Control BMP for Utility Corridor Maintenance per Activity Sheet A-45 in the Stormwater Pollution Prevention Manual Assumptions:  A single TIR for one Targeted Drainage Category 2 Review will be required for all of the culvert replacements in this project  The one Offsite Analysis will include a Level 1 downstream and upstream analysis (qualitative surveys) for all culvert crossings. If the City of Kent determines that a Level 2 or 3 downstream and/or upstream analysis is necessary, or that the project has a Downstream Drainage Problem Requiring Special Attention per SWDM Sections 1.2.2.1.1 and 2, then a separate scope and fee will be required to complete those tasks  No drainage or water quality problem impact mitigation, per SWDM Sections 1.2.2.2 and 3, is included in this scope  Preparation of an Operations and Maintenance manual for the bridges is not included Deliverables:  Draft Drainage System TIR (pdf)  Final Drainage System TIR (pdf) Task 6: 100% Stream Geometry Design Upon receipt of the City comments for the 50-percent design and the task notice to proceed, Otak will complete the stream geometry design, streambank restoration design, and off-site stormwater management design. The 100-percent design will include plans, special provisions, and construction cost estimate. Otak will support the City in the preparation of an estimated construction schedule to determine working days. 6.1 Sediment Source Management Design If authorized by the City, Otak will advance the design of the preferred concept for sediment source management from the Downtown core outfall to 100-percent level, including preparation of plans, specifications and cost estimate. Page 9 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx Assumptions:  City will prepare a LOMR for the entire Mill Creek system, which will include a zero-rise analysis.  The City will provide current CADD files for City-designed items that may affect Otak’s design. Deliverables:  PDF files for each deliverable  CADD files  100-percent plans  Special provisions  100-percent cost estimate Task 7: 100% Bridge and Retaining Wall Design Otak will address City review comments on the 50% design deliverables and finalize the structural design. It is assumed that the nature of the comments will be minor and significant changes to the design requiring an effort greater than the level of effort assumed in the attached fee estimate will not be needed. Significant changes to the design may require additional scope and fee to complete the design. Task 7.1 Bridges Otak will address City review comments and finalize the bridge design, geotechnical coordination, calculations, plans, specifications and construction cost estimate. Task 7.2 Retaining Walls Otak will address City review comments and finalize the retaining wall design coordination, calculations, plans, specifications and construction cost estimate. Assumptions:  City review comments will be minor and significant changes to the design requiring an effort greater than the level of effort assumed in the attached fee estimate will not be needed. Significant changes to the design may require additional scope and fee to complete the design.  See below for a list of the needed structural plan sheets: Deliverables:  Responses to structural related comments from the City review of the 50% submittal  Final bridge and retaining wall plans  Final bridge and retaining wall items included in the project construction cost estimate  Final bridge and retaining wall special provisions The estimated number of sheets for all tasks is listed below: ask No. Sheet Name 30-Percent No. of Sheets 50-Percent No. of Sheets 100-Percent No. of Sheets 2.1, 3, 6 Stream Plan and Profile 3 3 3 2.1, 3, 6 Stream Details 1 4 4 2.1, 3, 6 Temporary Stream Bypass Plan 2 3 3 2.2, 3, 6 Sediment Stream Management 2 2 2.3, 3, 6 Offsite Stormwater Management 3 4 2.5, 3, 6 Landscape Plans 3 3 3 2.5, 3, 6 Planting Schedule and Details 1 2 3 Page 10 Mill Creek at 76th Avenue S Flood Protection Improvements Project – Final Design May 14, 2020 k:\project\33000\33048\contract\33048a final design\mill creek culvert replacement scope_2020_0514.docx 4, 7 Structures Key Map 1 1 4, 7 76th Avenue S Bridge 4, 7 Bridge Layout 1 1 4, 7 General Notes, Typical Section 1 1 4, 7 Foundation Layout 1 1 4, 7 Footing and Abutment Details 1 2 4, 7 Framing Plan 1 1 4, 7 Typical Bridge Section 1 1 4, 7 Deck Reinforcing Plan 1 4, 7 Deck Section 1 4, 7 Bridge Approach Slab 1 4, 7 22011 Driveway Bridge 4, 7 Bridge Layout 1 1 4, 7 General Notes, Typical Section 1 1 4, 7 Foundation Layout 1 1 4, 7 Footing and Abutment Details 1 2 4, 7 Framing Plan 1 1 4, 7 Typical Bridge Section 1 1 4, 7 Deck Reinforcing Plan 1 4, 7 Deck Section 1 4, 7 22033 Driveway Bridge 4, 7 Bridge Layout 1 1 4, 7 General Notes, Typical Section 1 1 4, 7 Foundation Layout 1 1 4, 7 Footing and Abutment Details 1 2 4, 7 Framing Plan 1 1 4, 7 Typical Bridge Section 1 1 4, 7 Deck Reinforcing Plan 1 4, 7 Deck Section 1 4, 7 Common Bridge Sheets 4, 7 Girder Details 3 3 4, 7 Intermediate Diaphragm Details 1 4, 7 Traffic/Pedestrian Barrier 2 2 4, 7 Bar list 3 4, 7 Retaining Walls 4, 7 Plan and Elevation 3 3 4, 7 Wall Typical Section 2 2 4, 7 Wall Details 1 3 Total 10 50 68 City of Kent Mill Creek at 76th Ave S Flood Protection Improvements - Final DesignExhibit AFee EstimateOtak, Inc., Project 33048.ARuss GastonLori McFarland Bob Doherty Xin Lu Janna Langhi Dave Stewart Charles Dewey Shailee Jain Julia White Curtis LaPierre Tom Early Mark ShelbyAhmed KayandaPICProj. Mgmt.CADD AdminTask Description# of sheetsSr. PIC / Sr. PM CivilCivil Engineer XCE XCE IVEngineering Designer IVCE VIIICE IVEngineering Designer IVEngineering Designer IIILandscape Architect VILandscape Architect IVLandscape Architect VEngineering Tech IVProject Admin Assistant1.0 Alternatives Analysis1 6 4 8 9122 2 44 $6,0862.0 30-Percent Stream Geometry Design2.1 30-Percent Stream Design6 1 818 12524824163 $18,3272.1.1 Hydraulic Analysis14242435$4,0272.2 Sediment Source Management Design2412832404102 $11,6342.3 Off-site Stormwater Management Design141256728153 $17,1772.4 Permittting Agencies Coordination624838$6,1022.5 Streambank Restoration Design4 224244844$5,5483.0 50-Percent Stream Geometry Design18 210364060964321632328 $37,7803.1 Sediment Source Management Design22482438$4,2144.0 50-Percent Bridge and Retaining Wall Design4.1 Bridges242488240 14068560 $72,1204.2 Retaining Walls6624928130 $16,1825.0 Technical Information Report1412404016 113 $12,9216.0 100-Percent Stream Geometry Design20 110143248648242032253 $28,9496.1 Sediment Source Management Design22281628$3,1567.0 100-Percent Bridge and Retaining Wall Design7.1 Bridges383296292 16844632 $82,3847.2 Retaining Walls8420728104 $12,920Total Hours 6812128 232 540 472 145 216 192 43616804023818 2765Billing Rate (including OH and Profit)$249.00 $193.00 $189.00 $124.00 $106.00 $165.00 $123.00 $106.00 $91.00 $153.00 $116.00 $133.00 $92.00 $85.00Total Labor Cost, including Overhead and Profit$2,988 $24,704 $43,848 $66,960 $50,032 $23,925 $26,568 $20,352 $39,676 $2,448 $9,280 $5,320 $21,896 $1,530$339,527Expenses, estimated at 2%$6,773Project Total $346,300Total Hours (Otak)Total Fee by Task (Otak)StructuralLandscapeHydraulics\contract\33048-Mill Creek_2019_0514.xlsx5/15/2020 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. 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 A:VII. 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 Consultant 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. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE The Phoenix Insurance Company Travelers Indemnity Company Beazley Insurance Company, Inc. Travelers Indemnity Company of America 5/29/2020 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Carly Underwood 770.552.4225 866.550.4082 carly.underwood@greyling.com Otak, Inc. 808 SW Third Avenue, Suite 800 Portland, OR 97204 25623 25658 37540 25666 20-21 A X X X X 680005H242469 01/01/2020 01/01/2021 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 D X X X BA1502P892 01/01/2020 01/01/2021 1,000,000 B X X X 10,000 CUP005C857081 01/01/2020 01/01/2021 10,000,000 10,000,000 C Professional Liability V10267201101 01/01/2020 01/01/2021 Per Claim $2,000,000 Aggregate $4,000,000 Re: Project #33048.A; Mill Creek at 76th Avenue South Flood Protection Improvements Project. The City of Kent is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. (See Attached Descriptions) City of Kent 220 Fourth Avenue South Kent, WA 98032 1 of 2 #S2229993/M1931902 OTAKINCClient#: 53352 CUND1 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. 2 of 2 #S2229993/M1931902 05/28/2020 Elliott Powell Baden and Baker Inc. An ISU Network Member 1521 SW Salmon Street Portland OR 97205-1783 Oksana Chorna (503) 227-1771 (503) 274-7644 ochorna@epbb.com Otak Inc. 808 SW 3rd Avenue Suite 800 Portland OR 97204 SAIF 20/21 WC A 487431 01/01/2020 01/01/2021 1,000,000 1,000,000 1,000,000 City of Kent 220 Fourth Avenue South Kent WA 98035 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project #33048.A00 Mill Creek at 76th Avenue S. Flood Protection Improvements EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY COMMERCIAL AUTO Policy Number:BA1502P892 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage, However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITI ONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A. 1., Who Is An Insured, of SECTI ON II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50°/o or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 1BOth day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTI ON II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATI ON EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATI ON N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b, For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with ·its permission. Page 1 of 4 COMMERCIAL AUTO Includes copyrighted material of Insurance Services Office, Inc. with its permission. permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1.The following replaces Paragraph A.2.a.(2), of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2.The following replaces Paragraph A.2.a.(4), of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you !ease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. Al! rights reserved. CA T3 53 02 15 COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION 111 - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill - PHYSICAL DAMAGE COVER· AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AI RBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A. 1.c., but only: a.If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b.The airbags are not covered under any war- ranty; and c.The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCI DENT OR LOSS The following is added to Paragraph A.2.a., of SECTI ON IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTI ON IV - BUSINESS AUTO CONDI- TIONS: 5.Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. AU rights reserved. Includes copyrighted material of Insurance Services Office, !nc. with its permission. Page 3 of 4 COMMERCIAL AUTO Includes copyrighted material of Insurance Services Office, Inc. with its permission. such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTI ON IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The following is added to SECTION II – WHO IS h.This insurance does not apply to "bodily AN INSURED:injury" or "property damage" caused by "your work" and included in the "products-Any person or organization that you agree in a completed operations hazard" unless the"written contract requiring insurance" to include as "written contract requiring insurance"an additional insured on this Coverage Part, but:specifically requires you to provide such a.Only with respect to liability for "bodily injury",coverage for that additional insured, and then "property damage" or "personal injury"; and the insurance provided to the additional insured applies only to such "bodily injury" orb.If, and only to the extent that, the injury or "property damage" that occurs before the enddamage is caused by acts or omissions of of the period of time for which the "writtenyou or your subcontractor in the performance contract requiring insurance" requires you toof "your work" to which the "written contract provide such coverage or the end of therequiring insurance" applies, or in connection policy period, whichever is earlier.with premises owned by or rented to you. 2.The following is added to Paragraph 4.a.ofThe person or organization does not qualify as an SECTION IV – COMMERCIAL GENERALadditional insured: LIABILITY CONDITIONS:c.With respect to the independent acts or The insurance provided to the additional insuredomissions of such person or organization; or is excess over any valid and collectible otherd.For "bodily injury", "property damage" or insurance, whether primary, excess, contingent or"personal injury" for which such person or on any other basis, that is available to theorganization has assumed liability in a additional insured for a loss we cover. However, ifcontract or agreement.you specifically agree in the "written contract requiring insurance" that this insurance providedThe insurance provided to such additional insured to the additional insured under this Coverage Partis limited as follows: must apply on a primary basis or a primary ande.This insurance does not apply on any basis to non-contributory basis, this insurance is primaryany person or organization for which to other insurance available to the additionalcoverage as an additional insured specifically insured which covers that person or organizationsis added by another endorsement to this as a named insured for such loss, and we will notCoverage Part.share with the other insurance, provided that: f.This insurance does not apply to the (1)The "bodily injury" or "property damage" forrendering of or failure to render any which coverage is sought occurs; and"professional services". (2)The "personal injury" for which coverage isg.In the event that the Limits of Insurance of the sought arises out of an offense committed;Coverage Part shown in the Declarations after you have signed that "written contractexceed the limits of liability required by the requiring insurance". But this insurance provided"written contract requiring insurance", the to the additional insured still is excess over validinsurance provided to the additional insured and collectible other insurance, whether primary,shall be limited to the limits of liability required excess, contingent or on any other basis, that isby that "written contract requiring insurance". available to the additional insured when thatThis endorsement does not increase the person or organization is an additional insuredlimits of insurance described in Section III – under any other insurance.Limits Of Insurance. CG D3 81 09 15 ú 2015 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3.The following is added to Paragraph 8., Transfer 4.The following definition is added to the Of Rights Of Recovery Against Others To Us,DEFINITIONS Section: of SECTION IV – COMMERCIAL GENERAL "Written contract requiring insurance" means thatLIABILITY CONDITIONS:part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" iswork" performed by you, or on your behalf, done caused by an offense committed:under a "written contract requiring insurance" with a.After you have signed that written contract;that person or organization. We waive this right only where you have agreed to do so as part of b.While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you c.Before the end of the policy period.before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ú 2015 The Travelers Indemnity Company. All rights reserved.CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission