No preview available
HomeMy WebLinkAboutContract CAG-15-224 E1-2015 ENGINEERING CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this '1 ,day of P C.(K4((L✓ , 15, by and between the CITY OF RENTON, WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Tetra Tech, Inc.whose address is 1420 Fifth Ave,Suite 550,Seattle,WA 98101, at which work will be available for inspection, hereinafter called the"CONSULTANT." PROJECT NAME: CEDAR RIVER 205 PROJECT LEVEE CERTIFICATION WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment, materials,and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A,Scope of Work,which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations,guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work,even though the work has been accepted by the City. I I DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible,shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: Page 1 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge,and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics,"except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. The City adopted King County Surface Water Design Manual,Sections 1.2 and 1.3 of Chapter 1,and Chapters 2, 3,4, 5,and 6. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy,timeliness, and completeness of the information provided by the City. Should field studies be needed,the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Page 2 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents,exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project,shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B,Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by March 1,2017, unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If,after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials,supplies, equipment,and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$98,908.00 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. Page 3 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 2. The overhead costs as identified on Exhibit C are determined as 167.84 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction,telephone,supplies,and fees of outside consultants. The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of the invoiced amount. Such invoiced amount must be reasonable for similar services within the area of the sub-consultant's profession. 4. The net fee,which represents the Consultants profit shall be 12 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment,subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements,for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement,which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City,for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to,or bearing upon,these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. Page 4 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City,without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant,any fee, commission, percentage, brokerage fee,gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee,commission, percentage, brokerage fee,gift or contingent fee. Any and all employees of the Consultant,while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are,or have been at any time during the period of this contract, in the employ of the City except regularly retired employees,without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client,employee or applicant for employment or for services because of race,creed, color, national origin, marital status, sexual orientation,sex, age or handicap except for a Page 5 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10)days written notice to the Consultant,subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant,or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant,with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work,the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project,shall be without liability or legal exposure to the Consultant. Page 6 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of • any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Public Works Administrator or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County at the Maleng Regional Justice Center in Kent, Washington. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government,State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors,omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. Insurance a. Consultant's Insurance. Consultant shall secure and maintain the following insurance policies, and shall not cancel or suspend the insurance policies identified below,except after twenty(20) calendar day's prior written notice by certified-mail to the City of Renton: Commercial General Liability Insurance: Commercial general liability insurance in the minimum amounts of$1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. ii. Automobile Liability insurance:With a minimum combined single limit for bodily injury and property damage of$1,000,000 for each accident. This is required of all consultant and professional service providers where a vehicle will be utilized to perform, prepare to perform or satisfy the Scope of Services. Renton may request a copy of Consultant's driving record abstract. "Consultant" in this Subsection shall mean the Consultant providing professional services, as well as the consultant's agents,employees, representatives,and/or volunteers who may operate a motor vehicle in relation to any Service to be provided under this Agreement. Page 7 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 iii. Professional Liability Insurance: Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence,shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. iv. Workers' Compensation:Workers'compensation coverage,as required by the Industrial Insurance laws of the State of Washington. v. Renton as an Additional-Insured: It is agreed that on Consultant's commercial general liability policy,the City of Renton will be named as an Additional-Insured on a primary and non-contributory basis. Any coverage maintained by the City of Renton is solely for the coverage and benefit of Renton,and its elected officials, officers, agents, employees, representatives and volunteers. vi. Verification of Coverage:Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements,shall be delivered to Renton before executing the work of this Agreement. b. Review of Policy: Upon request, Consultant shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review.The policy limits may be reviewed and the value reassessed annually or as required by law. c. Termination: Notwithstanding any other provision of this Agreement,the failure of Consultant to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans,specifications,estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants,stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for,any statement, representation, promise, or agreement not set forth herein. No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Page 8 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties,covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CONSUI.TANT CITY • NTON itor Signature Date Mayor Denis Law Date William T. Fullerton Type or Print Name ATTEST: Vice President I ,/I Title Jason A.Set ,City Cler SRAM c 4/''�rr,�17 ///0/ EVC 111111100' Page ii Page 9 of 23 Pia zza/Data_Cente r/Forms/City/Contracts E1-2015 EXHIBIT A CEDAR RIVER 205 PROJECT LEVEE CERTIFICATION SCOPE OF WORK OVERVIEW The following scope of work is to provide professional engineering consulting services to evaluate and certify the Cedar River 205 Levee in accordance with FEMA requirements as codified in 44 CFR Section 65.10.The levee system is located between Lake Washington and approximately the Williams Avenue South Bridge, and is approximately 2.5 miles in length (1.25 miles on each side of the river). The certification project is a multi-phase effort.The focus of Phase I (Investigation/Characterization) is to compile all of the existing information and data and to conduct preliminary hydraulic and geotechnical assessments.The final products from this first phase include a Needs Assessment Report which will document deficiencies in the levee system that will need to be evaluate in more detail during Phase II and a detailed scope of work and fee estimate to complete the certification analysis and submittals for FEMA review during Phase II. Phase II (Engineering Analysis and Certification) represents the bulk of the work effort and includes all of the technical analyses necessary to certify the levee.The final product of Phase II will be the complete Levee Certification Report. Phases III (Engineering Design) and IV(Construction Engineering Support), are optional phases that will only be necessary if structural improvements are required of the levee system to meet FEMA certification standards. For the first phase,the tasks are well defined and a cost estimate is provided in this scope of work.The scope of work for Phase II is developed only to the level of detail necessary to provide a sense of what work is anticipated for this phase. No cost estimate is developed for Phase II. PHASE I - INVESTIGATION/ CHARACTERIZATION The objective of Phase 1 is to compile all existing information and data to support the levee certification and to identify any data gaps.The final product is a Needs Assessment Report and a scope of work to complete the levee certification. Task 1 - Project Management and Meetings Two coordination meetings with the client will be held during Phase I. Each will be a 2 hour meeting at the City of Renton.The first will be a kick off meeting and the second will be a presentation and discussion of the Needs Assessment Report and the Phase ll Work Plan. Four staff from the consultant team will attend each meeting(the Tetra Tech PM,the lead Geotechnical Engineer,the lead Hydraulic Engineer the lead Structural Engineer). Weekly 30 minute calls to discuss project progress will be held between the Renton PM and the Tetra Tech PM. Eight(8) meetings are assumed for the duration of Phase I.Task leaders will attend those meetings where there are specific issues that need to be discussed in detail for their task. Budget is also allocated in this task for weekly internal coordination meetings between the PM and the Task Leaders. FEMA coordination is also included in this task. It will involve discussions with FEMA on approaches to be incorporated in the Phase II effort.Topics of discussion will include: 100-yr peak flow values to be used in analysis, interior drainage modeling domain and resolution,the framework for a potential risk and uncertainty analysis, incorporation of sedimentation issues, and handling of high ground tie-ins. Page 10 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 Deliverables • Two coordination meetings at City of Renton • Memo summarizing discussions with FEMA Task 2 - Data Acquisition and Review The data collection effort will focus on those items required to complete the certification process.The items identified in Section 65.10 of the NFIP regulations and on FEMA MT-2 Form 3 provide a guide to the data needed. The following is a list of the data/information that is needed: • As-built plans for the levee and floodwall • Design plans,stamped by a professional engineer,for the North Boeing Bridge, Logan Avenue South Bridge, and Williams Avenue South Bridge • Design plans for the South Boeing Bridge and lifting mechanisms • Recent topography of the project reach including top of levee survey • All available geotechnical data, including recent USACE borings and explorations from adjacent developments and for the bridges in the project reach • GIS database of the interior drainage network • Hydraulic models(HEC-RAS) of the Lower Cedar River developed for the City of Renton • All available hydrologic/hydraulic models of the interior drainage network • Effective FEMA FIRMs and the effective hydraulic models used to create these FIRMs • Operation and maintenance manual • All historical cross section surveys completed after the construction of the Cedar River 205 project. • The most recent cross section surveys for the Cedar River as surveyed in November 2015 • Relevant information and data from the Seattle District USACE archive files for the design of the Cedar River 205 project. • Design plans for any repairs constructed along the project reach • Current design plans (PDF and CAD)for the Cedar River Dredging Project, including the design bathymetry in the form of a triangulated irregular network(TIN). • Basis of design report for the Cedar River Dredging Project. Of specific interest is the embankment protection design. The collected data will be reviewed to understand the extent of available information and to identify needs for additional data collection in order to proceed with the engineering analyses in Phase II.This review will focus on the hydraulic model,the modeling needs and modeling domain for the interior drainage system,the available geotechnical data, and the available data for the structural components of the levee system. Deliverables • List of data and information compiled as part of the review.The list will ultimately be included in the Levee Certification Report that will be prepared in Phase II. Task 3 - Survey (Top of Levee) The survey effort will include a top of levee survey for the entire length of these features(Excluding the floodwall) on both the right bank and left bank.The top of levee survey will have points taken at approximately 100 foot spacing or less and at any grade breaks, low spots or changes in alignment.The profile of levee will be collected by using a traditional Total Station with an instrument standard deviation of 0.02 ft.The absolute accuracy may be at 0.03 ft.The survey will be tied to the control used for the Dredging Project and Annual Cross Section Monitoring effort.The survey will concentrate on the high areas and will not extend the river banks.The intent is to document the elevations that control overtopping of the system.The task includes the Hydraulic Engineering Task lead accompanying the surveyors for a half day to identify specific needs particularly in areas such as the ties-ins. Page 11 of 23 Piazza/Data_Ce nter/Form s/City/Contracts E1-2015 Assumptions • City of Renton will provide clear areas for the survey crew to access. Brushing of vegetation will be provided by the City. Pre-proposal site visit indicated that little if any brushing will be required for the top of levee survey. If brushing is required, it will only be for approximate 5 foot widths at 100' intervals to allow access to the top of levee by the survey crew. • No topographic mapping is provided for this phase • Profile survey will include both the left and right banks of the levee system and will extend from Lake Washington upstream no further than the Williams Avenue Bridge. • The top of floodwall will not be surveyed. Available survey information provided by the City of Renton will be utilized to characterize the top of floodwall. Deliverables • ASCII point file of the collected profile points • Graphic profiles in an electronic format to an agreed horizontal and vertical scale for both bank profiles. Task 4 —Site Reconnaissance and Levee Assessment The current condition of the levee system and structural features will be assessed using the USACE periodic inspection criteria. Prior to conducting the assessment,the previous USACE periodic and most recent annual inspections will be reviewed and the previously identified deficiencies will be flagged. Areas of deficiencies (Minimally acceptable and unacceptable)will be the focus of the assessment,though the entire length of the levee system will be inspected as well as the closures and the South Boeing Bridge.The City of Renton will coordinate with Boeing to provide the consultant team access to the levee system and the South Boeing Bridge and will coordinate with Boeing to operate the South Boeing Bridge during the inspection. During the inspection, existing vegetation located within the levee prism will be noted and documented. Although FEMA does not have any specific criteria regarding vegetation,the documentation of existing vegetation will be important for the levee embankment stability analysis. A brief technical memorandum will be developed summarizing the findings from the site reconnaissance.The memo will document those specific issues and deficiencies that the team believes will be critical in the levee certification process.The memo will be included as an appendix in the Needs Assessment Report(Task 7). Minor maintenance issues identified during the site reconnaissance will also be documented in the memo, however, it is assumed that these issues will be addressed by the City prior to the completion of the final Levee Certification Report. As a subtask to this inspection task, the consultant will review the embankment protection designs prepared for the Cedar River dredge project.This review will be conducted to determine that during Phase II,Tetra Tech will be able to certify that the embankment protection, as designed, can "sufficiently protect the levee from scour and erosion" (CFR 65.10.b.3).To make this determination,Tetra Tech will review the 60%design plans along with the basis of design report and any calculations made by the dredge project design team. The review will include the location of proposed embankment protection improvements and the design of the improvements. If any potential deficiencies or questions concerning the design are identified,Tetra Tech will coordinate with the designers,through the City of Renton,to obtain clarifications and/or information from the designers to resolve any such issues.Tetra Tech will provide a short technical memo that summarizes the results of the review. Assumptions • City of Renton will provide clear areas(brushed)for the levee inspection crew to inspect the embankment protection. This will consist of 10 foot wide strips of vegetation clearing from the start of vegetation on the embankment to the water's edge at 200' intervals. Additional points may be required for inspection of areas for proposed embankment improvements being designed by the dredging project. Clearing needs to be sufficient to see the embankment material and to safely walk down the Page 12 of 23 Piazza/Data_Center/Form s/City/Contracts E1-2015 embankment where appropriate. Tetra Tech will provide a GIS map of the locations to perform the clearing. • Tetra Tech understands that it may not be practical for Boeing to operate the South Boeing Bridge at the time of inspection. If this is the case Tetra Tech will have the Mechanical Engineer and a second member of the inspection team perform a second trip to the site to observe the raising of the bridge. Tetra Tech will also explore whether review of past documentation of exercising the bridge will be sufficient without observing an actual test raise of the bridge. Deliverables • Draft Site Reconnaissance Technical Memorandum • Final Site Reconnaissance Technical Memorandum • Draft Embankment Protection Design Review Technical Memorandum • Final Embankment Protection Design Review Technical Memorandum Task 5 - Preliminary Hydraulic Assessment Based on preliminary runs of the most recent Cedar River hydraulic model, an initial 100-year water surface elevation profile will be compared against the top-of-levee profile surveyed in Task 4.This preliminary comparison will be used to identify potential deficient reaches to be investigated during the inspection and to determine the potential benefits to conducting a risk and uncertainty(R&U) analysis to potentially reduce the base FEMA freeboard requirement. Such an analysis was used by the City of Kent to reduce the base freeboard requirement from 3 feet to 2 feet for the right bank levees. For this task Tetra Tech will use the HEC-RAS hydraulic model with the 2015 cross section surveys. Adjustments will be made to each cross section, as necessary, so that the average bed elevation is equal to the allowable average channel bed elevation.The hydraulic model will be run for the 100-yr recurrence interval flood event for both the unadjusted and adjusted cross section conditions.The 100-yr water surface elevation profiles will be compared to the surveyed top of levee profile (Task 4).Actual freeboard will be reported for each cross section condition and will be compared to the required freeboard is codified in 44CFR 65.10.(b).(1) There are three published estimates of the 100-yr return interval peak flow as determined at USGS Gage 12119000 (Cedar River at Renton,WA). In the effective Flood Insurance Study Report(FEMA 2005), a value of 8,530 cfs is reported, based on a flood frequency analysis for the period of record between 1946 and 1985. In NHC(2013), a "cursory flood frequency analysis" was conducted for the period of record between 1945 and 2013 (including a historical observation made in WY 1907)that resulted in a 100-yr peak flow of 10,800 cfs.Also in NHC(2013) reference is made to the "effective flood frequency discharges for the lower Cedar River originally computed by King County and used by NHC in subsequent hydraulic analyses".The effective flood frequency discharge for the 100-yr return period peak flow at the USGS Renton Gage is 12,000 cfs.The 12,000 cfs values is the value that has been used to report available freeboard in the "Annual Sediment Reports" and that is currently being used for the dredge design. Tetra Tech will report available freeboard using all three of the 100-yr peak flow values. However, as part of Task 1, Tetra Tech will coordinate with FEMA to confirm 12,000 cfs as the appropriate 100-yr peak flow that should be used for the certification analysis, including freeboard assessment.The results of this task will be documented in the "Needs Assessment Report" in Task 7. Assumptions • Model will not be tied to the elevations in the effective FEMA model nor will the model be calibrated to any high water elevations.This will be conducted during Phase II. • The City of Renton will provide a hydraulic model with the updated 2015 surveyed sedimentation cross sections. Page 13 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 Deliverables • No deliverables(results will be summarized in the Needs Assessment Report) Task 6 - Preliminary Geotechnical/Structural Evaluation The consultant will provide a preliminary evaluation of levee and floodwall stability based on the available subsurface data. The consultant will evaluate generalized design cross sections for static stability,seepage forces, and seismic stability. This preliminary analysis will be used to estimate critical slope inclinations,sheet pile embedment depths,and levee setbacks.The purpose of this preliminary evaluation will be to delineate portions of the flood protection system that likely a)meet or exceed standard levee stability requirements, b)will require further analysis, or c)will not meet standard levee stability requirements without improvements. This preliminary evaluation will also be used to develop a work plan and scope for subsequent phases. Deliverables • No deliverables(results will be summarized in the Needs Assessment Report) Task 7 - Needs Assessment Report A report will be generated that discusses FEMA requirements and the results from the Phase I work, and more importantly,that proposes a cost effective path forward to complete the technical studies for the levee certification analyses.The two memos prepared for Task 4 will be included as appendices to this report.Specifically,the Needs Assessment Report will summarize the preliminary findings from Tasks 5 and 6 and will address the following: Hydraulics and Hydrology - Results of the preliminary freeboard assessment, including the recommended 100-yr recurrence interval peak flow rate that will be used in the certification technical studies. - The need for and the expected benefits of completing a Risk and Uncertainty(R&U) analysis that would reduce the typical FEMA freeboard requirement.A work plan for completing the R&U analysis will be described - A hydraulic modeling work plan for completing the embankment protection analysis. Work already completed as part of Task 4 will be accounted for in the plan - A hydraulic modeling work plan for conducting the interior drainage analysis. Geotechnical/Structural - Determination of the level of analysis that will be required to document the geotechnical and structural stability of the levees and floodwalls for certification/accreditation - Preliminary delineation of areas that may require modifications to meet certification/accreditation requirements - Determination of the adequacy of the existing subsurface data to complete this analysis - Development of a subsurface exploration plan to support the Phase II analysis and certification Other - The need for any supplemental topographic or cross section survey data. - Results of a preliminary review of the operations and maintenance manual to identify missing items relative to FEMA requirements in 44CFR 65.10(c)(d). Deliverables • Draft Site Reconnaissance Technical Memorandum • Final Site Reconnaissance Technical Memorandum Page 14 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 Task 8 -Joint Sealing Repair Support This task has been moved to Phase II. References Federal Emergency Management Agency(FEMA). 2005. Flood Insurance Study for King County and Incorporated Areas. Revised April 19,2005. Northwest Hydraulic Consultants(NHC). 2014. Hydraulic Analysis—Cedar River Gravel Removal Project. Final Technical Memorandum dated October 20, 2014. Page 15 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 EXHIBIT B CEDAR RIVER 205 PROJECT LEVEE CERTIFICATION SCHEDULE The schedule for Phase I is shown below.The schedule assumes a Notice-to-Proceed (NTP) date of 11/30/15. Delay in NTP will result in a commensurate delay the schedule. CEDAR RIVER 205 LEVEE CERTIFICATION PROJECT SCHEDULE -PHASE I 2015 2016 DEC JAN FEB i1/3o 1217 12/14 12/21 12/28 1!4 1/11 1:18 11:25 211 I 2/8 1 2/15 1 2/22 1 2/29 TASKS PHASE 1-Investigation/Characterization Task 1 Project Management Kickcff Meeting I Needs Assessment Report Meeting _11111111C____ Task 2 Data Collection MS. Review of Information Task 3 Field Survey Data Reduction and Mapping I Task 4 Levee Inspection • Site Recon Memo-Draft Site Recon Memo-Final Embankment Protection Design Review Embankment Protection Memo-Draft 1 Embankment Protection Memo-Final Task 5 Hydraulic Assessment r Task 6 Geotechnical/Structural Evaluation Task 7 I Needs Assessment Report-Draft i Needs Assessment Report-Final Task 8 -...----------..----- Design and Specs-Floodwall Joint Sealant Repair i • Indicates Deliverable Page 16 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 EXHIBIT C COST ESTIMATE (See Attache Constultant Cost Esitmate on Following Pages) Page 17 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 Consultant Cost Estimate:Tetra Tech with Subcontractor Roll-up FEMA Levee Certification-Cedar River 205 Levee Hourly Rates' $93.34 $82.09 $72.12 $52.17 $75.61 $34.41 $61.98 $34.36 $47.64 $61.54 $32.01 $26.00 $31.79 $31.85 Survey 2 Project 0A/OC Sr.Struc. Sr.Mech. (Tech Total Cost(Labor Scoped Tasks Manager 0A/0C 11511 Geotech Sr.Fyd.Eng. Eng. Eng. Sr.Elec.Eng. Hyd.Eng. Civil Eng. Survey PLS Survey l Services)' GIS/CAD Project Asst. Tots ODCs Only) Task 1 Project Management and Meetings 26 6 18 81 12 $ 40 $ 4,880 Project management 12 12 S 40°$ 1,502 FEMA Coordination 4 6 8 $ - $ 1,283 Client Meetings(2 meetings) 4 4 4 $ - $ 884 Coordination Meetings(Internal&External) 6 6 4 1 $ 1,210 Task 2 Data Acquisition ' _ 22 6 2 12 2 $ 100 $ 2,146 Data collection 6 2 1 6 2 $ 100°$ 769 Resew of information 16 4 1 6 $ - $ 1,376 ................-..... Task 3 Survey(Top of Levee/Limited Topo)VINMINS, 8 6 10 32 32 35 4 $ 160 8 4,335 Field Surrey 6 6 32 326 2 $ 150'$ 2,793 Data reduction and mapping 2 6 4 29 2 $ - $ 1,542 Task 4 Levee Inspection i " 6 3 64 15 6 14 12 18 4 $ 80 $ 7,238 Lesee Inspection 12 8 4 12 $ 80'$ 1,940 Site Recon Memo-Draft 12 6 2 16 2 S - $ 1,721 Site Recon Memo-Final 2 1 2 $ 244 Embankment Protection Design Renew 4 24 12 $ - $ 2,038 Embankment Protection Memo-Draft1 2 12 2 2 $ 1,016 Embankment Protection Memo-Final 1 1 2 $ 280 Task$ Preliminary Hydraulic Assessment 11 6 16 $ - $ 1,038 Hydraulic assessment 1 1 6 16 5 - 5 1.038 Task 6 Preliminary Geotechnical/Structural Evaluation 2 168 $ - $ 1,608 Geotechnical/Structural Evaluation 2 16 8 5 - 5 1.608 Task 7 Needs Assessment Report 6 3 28 12 10 18 $ 80 $ 4,090 Needs Assessment Report-Draft 4 2 24 11 8 16 S 80 5 3405 Needs Assessment Report-Final 2 1 4 1 2 2 5 685 Task 8 Joint Sealing Repair Support 1. _ $ - $ - Design and Specs $ - $ - 'Hourly rates are effective through January 31.2016 Hourly rates will be adjusted for annual increase Febmary 1.2016.Typical adjustment expected to be 3 to 4% Tetra Tech Labor $ 24,504 Tech Senices staff are at Labor Multiplier of 14.82%-Tech Services staff hours are shaded as: I I Tetra Tech ODCs $ 450 Tetra Tech Overhead on Labor-167.84% $ 41,128 Tetra Tech Labor-Tech Services $ 832 Tetra Tech OH on Tech Services Labor-14.82% $ 123 ! Tetra Tech Fee on Labor and OH-12% $ 7,991 GeoEngineers Labor $ 6,770 GeoEngineers ODCs $ 133 GeoEngineers Overhead on Labor-213.19% $ 14,433 GeoEngineers Fee on La hor and OH-12% $ 2.544 Markup on subcontractors 101/ S 2.388 TOTAL COST: $ 98,908 Page 18 of 23 • Piazza/Data_Center/Forms/City/Contracts E1-2015 Consultant Cost Estimate: GeoEngineers FEMA Levee Certification - Cedar River 205 Levee Hourly Rates'. $66.59 $48.90 $30.97 $27.89 $32.60 $23.25 $26.25 Total Cost(Labor Scoped Tasks Principal Sr.Geotech. Geotech Geotech CAD/GIS Tech. Admin Total ODCs Only) Task 1 Project Management and Meetings 4 18 $ 62 $ 1,147 Project management 4 S - $ 196 FEMA Coordination 6 5 - $ 293 Client Meetings(2 meetings) 4 8 $ 621 $ 658 Coordination Meetings(Internal&External) $ - $ - Task 2 Data Acquisition 1 4 20 4 4 40 $ 1,117 Data collection 4 4 s 401 $ 229 Review of information 1 4 16 4 $ - $ 888 Task 3 Survey(Top of Levee/Limited Topo) $ - Field Survey $ - $ Data reduction and mapping $ - $ - Task 4 Levee Inspection 10 11 31 $ 830 Levee Inspection 8 8 S 311 $ 639 Site Recon Memo-Draft 2 $ - $ 62 Site Recon Memo-Final 1 $ - $ 31 Embankment Protection Design Review 2 $ - $ 98 Embankment Protection Memo-Draft $ - $ - Embankment Protection Memo-Final $ - $ - Task 5 Preli` $ _ Hydraulic assessment S - $ - Task 6 -,Preliminary Geotechnical/Structural Evaluation 4 12 36 16 $ 2,414 Geotechnical/Structural Evaluation 4 12 36 16 $ - $ 2 414 Task 7 n. eeds Assessment Report 4 12 9 4 $ 1,262 Needs Assessment Report-Draft 4 12 8 4 $ - $ 1,231 Needs Assessment Report-Final 1 S - S 31 Task 8 Joint Sealing Repair Support Aim® $ _ Design and Specs $ - $ - GeoEngineers Labor $ 6,770 GeoEngineers ODC5 $ 133 GeoEngineers Overhead on Labor-213.19% $ 14,433 GeoEngineers Fee on Labor-12% ' $ 2,544 TOTAL COST: $ 23,880 Page 19 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 COST PLUS NET FEE DETERMINATION (SEE ATTACHED CONSULTANT COST ESTIMATE) DIRECT SALARY COST: Hourly Rates of Pay Personnel Principal Engineer Chief Engineer Engineer Surveyor Surveyor Planner Bookkeeper Executive Secretary CADD Operator/Drafter Clerical Net Fee %of direct salary cost plus overhead DIRECT NON-SALARY COST: Travel and Per Diem Cars at$ /mile Per Diem Office and Equipment Computer$ /hour Reproduction Expenses @ $ /copy $ Communications $ Page 20 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 EXHIBIT C(cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES (SEE ATTACHED CONSULTANT COST ESTIMATE) BREAKDOWN OF OVERHEAD COST Profit Sharing % FICA % Unemployment Compensation Medical Aid and Industrial Insurance Company Insurance and Medical Vacation, Holiday and Sick Leave State B&0 Tax&Other Business Tax Insurance Administration and Time Unassignable Printing,Stationery and Supplies Travel Not Assignable Telephone and Telegraph Not Assignable Fees, Dues, Professional Meetings Utilities and Maintenance % Rent Rental Equipment Office Miscellaneous, Postage Professional Services TOTAL SUMMARY OF COSTS Project No. Name of Project Direct Salary Cost $ Overhead Cost(including payroll additives Sub-Total $ Net Fee % $ Direct Non-Salary Costs: a. Travel and per diem $ b. Reproduction expenses $ c. Computer expense $ d. Outside consultants $ e. Other(specify) $ Total $ Sub Total $ GRAND TOTAL $ Page 21 of 23 Piazza/Data_Center/Forms/City/Contracts CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 4085 - It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to their race; religion/creed; national origin; ancestry;sex; age over 40;sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES -The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 7th day of March ,2011 . CITY RENTON RENTON CITY COUNCIL Denis Law, Mayor •until Pr sident Attest: Bonnie I. Walton,City Clerk �� L � 3A �urirr;R woo nittt��TED �� Page 22 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 r_ atom. r; CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Tetra Tech, Inc. hereby confirms and declares that: (Name of contractor/subcontractor/consultant) I. It is the policy of the above-named contractor/subcontractor/consultant, to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. II. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable, the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. William T. Fullerton Print Agent/Representative's Name Vice President Print Agent/Representative's Title .77.e/ Agent/Representative's Signature ///(9/2 /s Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. Page 23 of 23 Piazza/Data_Center/Forms/City/Contracts E1-2015 eiIt©n CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE (F%O t2A" 1 '%r/ - //T L hereby confirms and declares that: (Name of contractor/subcontractor/consultant) I. It is the policy of the above-named contractor/subcontractor/consultant,to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. II. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable,the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. Iz tr 7 3001 == S Print Agent/Representative's Name /L-C if' Print Agent/Representative's Title .gXe/. etit-e,"3 Agent/Representative's Signature /i / Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. Page 14 of 14 Piazza/Data_Center/Forms/City/Contracts