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HomeMy WebLinkAboutPW12-240 - Original - R2 Resource Consultants, Inc. - Rock Creek Spawning Surveys - 09/26/2012 T - Records Management,,, KEN WASNINGTpN Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: R2 Resource Consultants, Inc. Vendor Number: ID Edwards Number � Contract Number: & (),- 9l o „ This is assigned by City Clerk's Office Project Name: Rock Creek Spawning Surveys Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 6/30/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct spawning surveys in Rock Creek during the 2012/2013 spawning season._-- C a4 S Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT � WAs� �ro CONSULTANT SERVICES AGREEMENT between the City of Kent and R2 Resource Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R2 Resource Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 15250 NE 95`h Street, Redmond, WA 98052- 2518, Phone: (425) 556-1288/Fax: (425) 556-1290, Contact: Alan Olson (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 conduct spawning surveys in Rock Creek during the 2012/2013 spawning season. For a description, see the Consultant's August 6, 2012 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Six Thousand, Two Hundred Seventy Six Dollars and fifty cents ($26,276 50), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. t: CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) 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: 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 Consultants services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) i Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. 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 City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS: A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By:_ lo4� T, 9!�� - - By: C: - —� /�fw� s/gnatur (signature) Print Name: e Qm Print Na uzette Cooke Its UIGt rc51 e Its Ma or (title) DATE:��5I�a DATE: /2 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alan Olson Timothy J. LaPorte, P.E. R2 Resource Consultants, Inc. City of Kent 15250 NE 95th St. 220 Fourth Avenue South Redmond, WA 98052-2518Kent, WA 98032 (425) 556-1288 (telephone) (253) 856-5500 (telephone) (425) 556-1290 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FOR Kent Law Department R2 Resource-Spawning Survey(12-13)/Knox CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) / Y C DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors subcontractors and suppliers who perform work with relation to this Pp Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. F�t 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this Jrtl, day ofP�YIYJeT , 20/a. By: l 9/t'1� �ae� Qrney For: ll a Tesour-Le CohStL� t�r�ts /nc. Title: VICe Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 { D t R7 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 R2 Resource Consultants, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Rack Creek Spawning Surveys that was entered into on the September 26, 2012, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 201a. By. /���{/ J For: ftsyc Title: Date: 711/ /13 EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A Proposal for Conducting Rock Creek Spawning Surveys Prepared forr City of Kent Public Works 220 Fourth Ave. S. Kent, Washington 98032-5895 Prepared by. R2 Resource Consultants, Inc. 15250 N.E. 95"' Street Redmond, Washington 98052-2518 August 6, 2012 City of Kent Conducting Rock Creek Spmvning Surveys INTRODUCTION R2 Resource Consultants Inc. (112)is pleased to submit this proposal to the City of Kent for conducting spawning surveys in Rock Creek during the 2012/2013 spawning season. The City of Kent released a Final Habitat Conservation Plan(HCP)for the Clark Spring Water Supply System in December 2010. The plan went into effect with issuance of an Incidental Take Permit in September 2011. The HCP requires a number of specific Monitoring and Evaluation Measures(MEM), including spawning surveys of Rock Creek on a 4-year cycle. The measure, identified as MEM-3,requires the following(City of Kent 2010): "The City of Kent will conduct weekly spawning surveys for Chinook salmon, sockeye salmon, coho salmon, and adfluvial cutthroat trout within selected index reaches of Rock Creek every fourth year. Monitoring will occur beginning during the week of September 21 and extend through the end of February The four-year period is selected based on atypical four-year life cycle of sockeye and coho salmon, the species with the longest life cycle that routinely uses Rock Creek. Hence, monitoring a four-year period would encompass one complete life cycle and should provide sufficient informationftoin which to formulate population trends. It would also serve to monitor potential use by Chinook salmon Index reaches for Chinook and sockeye salmon would include Reach I through Reach 7 from September 21 to December 31. Index reaches for coho salmon would include Reaches 8, 9, 10, and II from November 15 to February 28." R2 is well-suited for completing this task because it assisted the City of Kent in the development of the HCP and R2 completed spawning surveys for the City of Kent during the 2003/2004 and 2004/2005 spawning seasons. Our proposed approach for completing the spawning surveys is described below and slightly modifies the approach from the previous spawning surveys to meet the requirements of the HCP; costs are presented in Table 2. We have also enclosed resumes of selected R2 staff that we anticipate would be involved in the completion of these tasks,as well as a general rate schedule that lists staff hourly rates and equipment usage rates. I R2 Resource Consultants,Inc. I August 6,2012 j i City of Kent Conducting Rock Creek Spawning Surveys ROCK CREEK SPAWNING SURVEYS BACKGROUND Rock Creek supports stocks of several anadromous fish including sockeye(Oncorhynchus nerka) and coho (O. ktsutch) salmon,and steelhead(O mykiss). Chinook salmon(O. tshawytscha)have occasionally been observed in Rock Creek over the past 10 years,but numbers are low with zero to two fish observed per year(R2 2005,R2 2004,11.Berge pers. com.May 6,2012). The system also supports cutthroat trout(O. clarki)that are reportedly adfluvial fish from Lake Washington. These fish collectively spawn over a period of months extending from September into February(MCS Environmental 2003). Spawning surveys have been conducted on a weekly basis in up to 12 reaches(Figure 1)totaling up to 2.4 miles of Rock Creek during the 2001/2002, 200212003,2003/2004, and 2004/2005 spawning seasons(MCS 2003,R2 2004,R2 2005). Surveys began at the confluence of Rock Creek and the Cedar River up to the upstream boundary of the City's watershed, a total distance of about 2.7 miles. Over the past 10 years,King County and WDFW have also conducted surveys in Rock Creek,but have been focused on reaches where,and the time period when, Chinook salmon might spawn in the creek. APPROACH R2 proposes an approach slightly modified from previous surveys that meets the requirements of the MEM-3 of the Clark Springs Water Supply System HCP (City of Kent 2010). This will continue the general approach,reach designations,and general procedures used for spawning surveys conducted during the 2003/2004 and 2004/2005 spawning seasons to ensure comparability. FREQUENCY OF SURVEYS R2 proposes to maintain the same general frequency of sampling(approximately every 10 days) as in previous surveys. However,MEM-3 only requires surveying of specific index reaches targeted primarily for Chinook salmon and coho salmon. Consequently,Reaches 1 through 7 would be surveyed during September 21 to December 3land Reaches 8 through 11 would be surveyed during November 15 through February 28 (Table 1). Reach 9b and Reach 12 will not be surveyed. We anticipate and have estimated costs for a total of 17 surveys that would be conducted at approximately 10-day intervals (range 7 to 14 days)between September 1 and February 28 using a 2-person team of biologists. We propose to start surveys within a week after Chinook are observed at the Landsburg fish weir. We expect that the initial surveys will only require observations over Reaches 1,2,and 3 until sockeye begin to move into the creek. At that R2 Resource Consultants,Inc 2 August 6,2012 i Qry of Kent Conducting Rock Creek Spawning Surveys ,L �N i Reach Start River Mlles Len , ,, v }r 1>:ll. l �, 1 0 00 359 t t I t .S^ 2 007 496 • �lk � � 48 028 289 � �' ( / � / •" Yk 1 6 067 721 �� 't •',I� 1 , ,p,,.. ( i I, .a,/huhn , 'fit°,". , `i 8 090 3298 168 9h 161 1 9T7 , 10 194 719 ( r , ' 1 e II 11 207 464 �i •. �i r,+ •�P F 12 215 1322 115$13�a •.l�....�. .........aa.Aa�ip�a, Rock Creok _ ti U60 GYYA} '`i t k �i N G P� t j1 7 •/ C t1es90 d! ]\�•. 44 ,•' � � _ ,J � � � -'}',;3 Legend o boo i n—O..k 'N Figure 1. Map Rock Creek from its confluence with the Cedar River through the City of Kent Watershed at Clark Springs 1 R2 Resource Consultants,Gx 3 August 6,2012 City of Kent Conducting Rock Creek Spawning Surveys time surveys would be expanded to cover reaches farther upstream. However,during the first survey, all survey reaches will be walked to re-establish and flag reach boundaries. Table 1. Schedule of reaches to be surveyed. Survey Dates Reaches to be Surveyed Number of Surveys September 21 —November 14 Reaches 1 through 7 6 November 15—December 31 Reaches 1 through 11 5 January 1 —February 28 Reaches 8 through 11 6 DATA COLLECTION AND ANALYSIS Data to be collected/provided during each survey would include: • Date of Survey; • General Weather Conditions; • Flow(from the USGS gages No. 12118400 and No. 12118500 near Kent Kangley Road and the mouth of Rock Creek,respectively); • Time at the beginning and end of each survey reach; • Water temperature(measured with a hand-held thermometer); • Number, species, and sex of live and dead(carcasses will be marked to avoid double ! counting during latter surveys) salmon(coho, sockeye, Chinook); • Number and species of live and dead(carcasses will be marked)cutthroat trout;and • Representative photographs will be taken of each reach and fish species observed during the surveys. Data will be collected in bound waterproof field notebooks and input to electronic spreadsheets. TECHNICAL MEMORANDUM Results of the surveys would be presented in a short Technical Memorandum(TM)(10 pages of text or less). The TM will summarize the results of the surveys, including tallies of the live and dead salmon and trout observed during each survey by species. Statistical analyses to develop escapement estimates will not be conducted. The TM will include as appendices copies of all field forms and selected photographs. If desired by the City of Kent,upon the completion of i R2 Resource Consultants,Inc 4 August 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys each individual survey,R2 can provide a tabular report of survey results in electronic format. R2 will alert the City of Kent if live or dead Chinook salmon are observed in Rock Creek within 24 hours after a survey. SCHEDULE R2 proposes to complete this work in accordance with the following schedule; • Spawning surveys—commence when Chinook first observed at the Landsburg fish weir (approximately the first week in September)and continue through February; • Draft Technical Memorandum—on or before April 1,2013. COSTS Estimated costs by task are presented in Table 2. REFERENCES City of Kent. 2010. Clark Springs Water Supply System Habitat Conservation Plan. City of Kent, Washington. MCS Environmental,Inc. 2003. Rock Creek 2002-2003 salmonid spawning survey,Kent Washington. Prepared for City of Kent. R2 Resource Consultants,Inc. 2004. Biological Monitoring Rock Creek,Washington 2003- 2004 Salmonid Spawning Surveys. Draft Report. Prepared for City of Kent. R2 Resource Consultants,Inc. 2005. Biological Monitoring Rock Creek,Washington 2004- 2005 Salmonid Spawning Surveys. Draft Report. Prepared for City of Kent. i R2 Resource Consultants,Inc 5 Augusf 6, 2012 City of Kent Conducting Rock Creek Spawning Surveys Table 2. Estimated costs to complete spawning surveys on Rock Creek. I iR2 Resource Consultants,Ina City of Kent f (`6Ang-12 j Rock Creek Spawning Surveys tf f TASK01 TASK02 TASK03 fI` Project Spawning Tech Memo Man I Hourly agement SurNrys !Preparation TOTAL 'PERSONNEL. Rate$ Hrs/Csts$ HrslCsts$ I Hrs/Csts$ Hrs/Csts$ Alan Olson _ $12500 8 8+1 61 22, Sr Fish Biologist _ $1,00000 $1,00000I T M$75000 i $2,75000 �Jody Breckenridge_ $11200 t1 Oil( 0 6 Administration/Contracting $67200 $000 $0.00 $67200 .: _ i44 `AdamWeybright $9100 0 100� Oi 100f Fish Scientist $000 $9,10000 $000 $9,10000 Catherine Morello $9100 0 108� 24� 132{� Manne1hologist $000 $9,82800 i $2,18400 E _ $12,01200# - _ - f. 111 SabrinaPanos S $9100 4 0E 4 8 ( Word Processing/Admin i $36400 $0001 $36400 1 $72800 lNFichelleMcl-aughlin $6200 1I 0 Oi 1 Clerical j $6200[ $0.00 $000 __ $6200 r - JTotalLaborHours is 216 34i 269 Total Labor Costs$ $2,098001 $19,928C0 $3,29800j $25,32400 IR2 Resource Consultants,Ina City of Kent ;6Aug-I2 Rock Creek Spawning Surveys TASK01 TASK02 TASK03 Project Spawning Tech Memo I 1TET4 { Management Surre Pre ration I TOTAL Expenses:Trawl,Misc,Supplies,Subsistence: I , iFieldSupplies( ) $000 $50001 $000 $50001 lCommunications(Vcraonlintegra) j $000 j $2500 k $000 $25001 Subtotal Fa pcnses$ 1 $0.00 $75.00 $0.00 $75.00 __— -----— -- -—_— — — — i !10%Marlcupon Expenses,Subcontractor: 1 $0.00 $7.501 $0.00I $7.50 1 'R2EquipmentLsage(Field and Office): € i R2 Company Vehicle @$0 75/mile $000 j $800 00 E $000 $800 00 35-mm Camera Usage @$5/day j $000 i $20 00 t $000 $20 00 ,OPS rental @ S101day($50/wk) $000 $20 00 j $000 $20 00 1 ;Copies,b&w(81I2xll)@$.10/page i $0.001 $3000 i $000 $3000 j iSubtotal R2 Equipment Usages $0.00 $870.00( $0.00 S870.001 PROJECTTOTAIS: [ _ Total ODCs$ ! $0.00 j $952.50 f $0.00 S952S0 Total Labor Costs$ ] $2,098.00 j $19,928.00 I $3,298.00 $25,324.00 i r TOTAL COSTS$ $2,098.00 $29,880.50 ( $3,298.00 $26,276.50 R2 Resource Consultants,Inc 6 August 6, 2012 City of Kent Conducting Rock 0 eek Spcnvning Surveys R2 Resource Consultants,Inc. Standard Rate Schedule--Y2012 LABOR 2012 CATEGORY LABOR LABOR RATE Classification) (Employee Rate/Hr * 31 Open S245.00 30 Dudley Reiser Ph.D. $197.00 29 Michael Ramey,P.E. $175.00 29 Peter Christensen P.E. $175.00 29 Michael Loftus,Ph.D. $175.00 29 Dana Postlewait,P.E. $175.00 28 Ronald Campbell $165.00 28 Paul DeVries,Ph.D., P E. $165.00 28 Phil Hil ert $165 00 28 MaryLouise Keefe,Ph D. $165 00 28 Frank Postlewaite,P.E $165.00 27 Stuart Beck Ph.D.,P.E. $156.00 27 Allen Danskine,RE $156.00 27 Kevin Fethei ston, Ph D. $156.00 27 Dan Turner,P.E. $156.00 26 Dani Everson $141.00 26 James Schulz $141.00 26 Joetta Zablotne $141 00 25 Chi-Ming Huang,Ph.D,P.E $125.00 25 Eric Jeanes $125.00 25 Alan Olson $125.00 24 Glen Anderson P.E. $112.00 24 Jody Breckenridge $112 00 24 Jennifer Esteban P.E. $112 00 24 Michael Gagner $112.00 23 Suzanne Picard,P.E. $107.00 23 Timothy Sullivan $107.00 23 Clair Yoder,P E $107.00 22 Bradle Gochenour $91.00 22 Kenneth McBride $91.00 22 Catherine Morello $91.00 22 Timothy Ni hten ale $91 00 22 Karee Oliver $91.00 22 Sabrina Panos $91.00 22 Adam Weybright $91.00 21 Judith Simon $80.00 20 LauraArendall $73.00 20 David Roon $73.00 9 Open $83 00 8 Lo ce Panos $73.00 7 1 Michelle McLaughlin $62.00 6 Field Technician 11 $62.00 5 Field Technician I $53.00 *Labor rates are effective through December 31,2012. i R2 Resource Consultants,Inc 7 August 6, 2012 City of Kent Conducting Rock Creek Spmvn:ng Surveys R2 Resource Consultants,Inc. Standard Equipment Rate Schedule,Year 2011-2012 Equipment" Equipment Rate Office GIS/CAD $10 perhour Equipment Copying/reproduction 8 1/2x11 b&w $ 10 per page Usage Copying/reproduction (l1x17 b&w) $.20 per page Color Copies 8 1/2xl1; 11x17 $1 per page;$1.50 per page Plotter color $5 per sq. ft. Collating/Binding,Su lies $1.50 per set Transportation (R2 Company Vehicle): Company Vehicle Mileage $35 per mile Field 35-mm camera $5 per day Equipment Video camera $50 per day;$150 per week Usage Computer Projector $100 per day Dissolved Oxygen/Temp Meter $35 per day Current Meter $75 per day Conductivity/pH/Temp Meter $25 per day Turbidity Meter $40 per day Fish Capture Nets Qyke/gill nets,beach seine $50 per day Fish Processing Pk $10 per day Surveying ui ment $35 per day Total Station $150 per day; $450 per week Snorkel in /Sam lin /D suit Equipment $40 per da Laptop Computer $100 per week Large Raft; Small Raft $150 per day; $75 per day Large Electrofrshin aft $300 per day Backpack Electroshocker $100 per day Shoreline Electroshockin Package $125 per day Small Raft w/VVP Electroshocker $150 per day 19'Boston Whaler $350 per day H drolab-Quanta 4 $100 per day Substrate Sampling Pk $25 per day Stream Temp.Recorder $25 per month GPS Unit $10 per day Invertebrate Sampling Pk $10 per day Habitat Mapping Equipment $10 per day Field Data Recorders $25 per day Laser Rangefinder $15 per day PHABSIM(Habitat Survey)Pk $100 per day Dissecting Microscope $5 per day Photo Stereoscope $15 per day "Subsistence,transportation and travel costs,and wise expenses shall be billed at a 10%markup. I R2 Resource Consultants,Inc 8 August 6, 2012 i RESUMES R2 Resource Consultants,Inc August 6,2012 Alan lT, Olson, KS. 11 Fisheries Biologist • . M.S. (Fisheries)University of Washington, 1989 • B A (Aquatic Biology)University of California,Santa Barbara, 1984 Years of Experience-21 Primary Work Location-Redmond,Washington • American Fisheries Society, 1991, Member • • Watershed Analysis,Washington State Department of Natural Resources, 1996 • National Environmental Policy Act Training,The Shipley Group,2001 = • Mr.Olson has over 21 years of experience working with Pacific salmon and trout resources In the Western states and Southeastern Alaska He is interested in all aspects of the life history and ecology of Pacific salmon and trout with particular emphasis on their migratory behavior, population dynamics,and habitat requirements He is experienced in assessing salmonid habitat condition and stock strength and the development of models useful for evaluating the existing or potential effects of natural resource use and management actions such as domestic water supply,timber harvest, mining,and hydroelectric development for Environmental Assessments(EAs)and Environmental Impact Statements(EISs), Sustained Yield Plans,Watershed Analysis,Federal Energy Regulatory Commission licensing,and Habitat Conservation Plans(HCPs)and Biological Assessments/Biological Evaluations (BA/BEs) required under the Endangered Species Act. Mr.Olson's responsibilities are primarily related to protect management and task leadership for fish,aquatic, riparian,and water quality resources including planning,execution, database management,data analysis, and report preparation He is skilled in the use of the Microsoft Office software suite including the development of Visual Basic routines for Word, Excel,and Access Fish Population Studies Analyzed various fish population metrics such as abundance (mark/recapture, capture depletion, catch per unit effort), length,weight, condition factor, size at age,fry emergence, and redd or spawner counts Studies have occurred primarily in California(Mokelumne River)and Montana(Missouri River, Ennis Reservoir, Holler and Hauser Reservoirs) as part of hydroelectric licensing Conducted statistical analysis to compare results among different stream reaches, lake areas and years and to correlate population metrics to physical stream parameters such as water temperature,flow, and fine sediment(fry studies) Developed custom database programs to maintain data and conduct analyses Participated in data collection using scuba, emergence traps, and backpack, barge, and boat-based electrofishing systems to capture, count, mark, and measure fish Modeling, Database Development, and Statistical Analysis: Participated in a team developing population models for spring Chinook salmon in four watersheds with the Willamette River basin using the Species Life-cycle Analysis Modules(SLAM) modeling platform developed by the NMFS Developed scripts in the R statistical package for running WinBUGS (Bayesian analysis Using Gibson Sampling)and statistical analysis of Oncorhynchus Bayesian Analysis(OBAN) model results for spring and winter Chinook populations in the Sacramento River, California Developed database structures and graphical user interfaces in MS Access for bibliographic and habitat survey databases Developed an Excel implementation of fish bioenergetics modeling using Visual Basic for Applications(VBA)that incorporated Monte Carlo simulation to examine bioenergetics of juvenile Chinook salmon in the Sacramento River. The physiological equations used were R2 Resource Consultants,Inc. Page 1 Alan F. Olson, M.S. Modeling, Database based upon those in the Fish Bioenergetics 3 0 software package(a.k.a.,the"Wisconsin Development,and Model") Experienced with developing applications and macros using Visual Basic and VBA Statistical Analysis (Access, Word,and Excel) Familiar with the development of R scripts for statistical analysis (continued) and the Groovy(Java)programming language. Hydroelectric Mr. Olson has participated in or led technical fisheries studies as part of the relicensing of Licensing existing hydroelectric projects in Oregon, Montana,and Washington and for application of a proposed project in California. Studies have included both riverine and reservoir habitats and utilized assessment techniques such as radio tracking,electrofishmg,and gill nets to discern fish behavior,population trends, and demographics Study responsibilities included planning, data collection and analysis,and report preparation. Mr Olson recently participated in the completion of relicensing documents(Pre-application Document and Proposed Study Plans) for the Boundary Hydroelectric project in Washington State using the Integrated Licensing Process In advance of preparing relicensing documents, he also managed development of an electronic and hardcopy project library including a user-friendly searchable database application. NEPAISEPA Participated in the preparation of numerous EISs and EAs required under the National Environmental Policy Act and Washington State Environmental Act Project roles have included fish and riparian task leader,interdisciplinary team leader, and deputy project manager Mr.Olson has participated in all aspects of preparing NEPA and SEPA documents including summarization of scoping comments,preparation of public newsletters, development of alternatives to the proposed action,fieldwork,preparation of document chapters(including Purpose and Need and Alternatives), analytical sections (Affected Environment and Environmental Consequences), and response to comments The types of federal and state decisions include federal hydroelectric dam operations and modifications, timber harvest on National Forest Service(NFS)lands(Alaska and Minnesota), road access on NFS lands, land exchange,prescribed burning on NFS lands(Minnesota), ski resort maintenance and re-development on NFS lands, habitat conservation plans,forest practices rules(Washington), and site restoration on National Park Service lands Endangered Species Mr.Olson is currently working on or completed support on documents to meet the regulatory Act requirements of the Endangered Species Act These include the development of a HCP for the City of Kent's Clark Springs Water Supply Facility a BE for the relicensing of Seattle City Light's Boundary Hydroelectric Project,a BE for on-going operations and construction of the Gorge 2nd Tunnel at Seattle City Light's Skagit Hydroelectric Project, a BE for a Pacific Gas and Electric transmission line,a BA for the Plum Creek Checkerboard Access Project, and BAs for the Stevens Pass Day Lodge Project and Stevens Pass Mill Valley Grading Project Fish Behavior Utilized ultrasonic and radio tags to examine the migration behavior of adult Chinook salmon Studies and juvenile coho salmon in rivers and estuaries Examined the behavioral effects of dummy tags on coho juveniles during forced swimming trials Conducted data analysis, prepared reports, and co-authored papers for all studies Analyzed recapture data from a traditional tagging study to examine resident fish movements among stream reaches Collected site elevation data at a cascading falls in Idaho and analyzed the longitudinal profile relative to spring Chinook leaping abilities to determine if the falls were likely to act as a migration barrier. R2 Resource Consultants, Inc. Page 2 I Catherine M. Morello f 2 Biologist • • B.S.(Marine Biology)Western Washington University, 1994 Years of Experience-13 • Primary Work Location-Redmond,Washington • NAUI Openwater SCUBA Certification • • Adult CPR and Standard First Aid • Ms Morello is an aquatic biologist with more than 13 years of experience directing and conducting biological sampling, habitat surveys, and other aquatic projects in freshwater and marine systems. In particular,she has specialized in monitoring aquatic habitat for salmonid presence and utilization She Is experienced in the taxonomic identification of marine, estuarine and freshwater fish,and invertebrates,and is proficient in underwater identification and enumeration of fish, particularly salmonids. Ms.Morello has completed several extensive literature searches and reviews,and has provided technical assistance in the development of habitat conservation plans, numerous baseline and project monitoring programs,and data management and analysis Telemetry: Ms Morello is experienced in the maintenance and operation of radio and acoustic telemetry equipment In particular,she has assisted with juvenile Chinook radio tracking studies in the forebay to a hydroelectric facility on the Puyallup River,and with acoustic tagging of redband trout in the Klamath River basin,Oregon Currently she is assisting with radio and acoustic tagging and tracking of over 200 native char,Chinook salmon, and cutthroat and rainbow trout in the greater Puget Sound basin She is responsible for assisting with fish capture,surgical implantation of tags, subsequent fixed and mobile tracking efforts, and data management Freshwater Biology. Ms. Morello has performed extensive fish population monitoring utilizing hook and line,snorkeling, backpack and boat electrofishing,and beach seining techniques She is experienced in fish marking/tagging technology including the use of Passive Integrative Transponders(PIT), acoustic, radio,floy, and elastomer tagging techniques. She has performed detailed salmonid dissections in the field and laboratory for genetic and feeding habit assessment Ms Morello has identified salmonid spawning habitats and performed spawning surveys in numerous streams and river systems. In particular she has performed 6 years of spawning surveys on Goldsborough Creek,Washington in an effort to quantify salmon populations before and after the removal of an outdated dam. Ms. Morello assisted in field data collection and processing for computer mapping of several stream channels in order to assess instream flow needs She has been responsible for inventory of large woody debris,spawning gravel,and areas containing juvenile salmonid rearing potential in many river systems Ms Morello has performed in-depth assessment of salmonid production utilizing fyke netting and emergent trapping on a Cedar River side channel in Washington In addition, Ms. Morello has experience assessing invertebrate populations in the Deschutes River,Oregon, Madison River, Montana, and many Puget Sound streams and rivers She has performed detailed summarization of existing literature concerning lamprey and whitefish life history and passage research She has also performed an extensive literature review concerning spring-fed stream systems in relation to fish production R2 Resource Consultants, Inc. Page 1 Catherine M. Morello Marine and Estuarine Ms Morello has monitored dredging activities onboard U.S.Army Corps of Engineers vessels Biology/ as part of a study to determine effectiveness of bio-excluders on invertebrates,and the entrainment offish by the dredge head She was responsible for invertebrate and fish identification and enumeration. She has performed intensive beach seining to determine native char and salmonid utilization of the Chehalis and Duwamish river estuaries in Washington She has participated in an acoustic and PIT tagging study to monitor the effects of high water temperature on the migration of Chinook salmon through the Lake Washington Ship Canal. Ms.Morello is experienced at determining age and life history of salmonids based on scale reading techniques. Habitat Assessment Ms Morello has been involved in detailed qualitative and quantitative habitat surveys using a variety of assessment techniques,Including surveying, habitat mapping,substrate,and invertebrate sampling She has performed extensive inventories of stream channels, riparian vegetation,and aquatic habitat conditions for the U S Forest Service on a watershed-wide scale Ms Morello has conducted large-scale habitat mapping on 22 miles of the Cedar River, and over 18 miles of the Green River,Washington She was responsible for obtaining and reviewing numerous habitat assessment protocols as part of the Tri-County urban issues salmon recovery effort in the Puget Sound region. Endangered/ Ms.Morello is currently studying the effects of reservoir drawdown on the adfluvial population ThreatenedtSensitivs of native char in Ross Lake,Washington She has assisted with radio telemetry studies of Species Studies juvenile Chinook passage in a Puyallup River dam forebay and adult Chinook passage through the Lake Washington Ship Canal She has extensive experience working with threatened native char populations in Puget Sound. Ms. Morello has also aided in the preparation and coordination of state and federal scientific collection permits for many projects Multi-Species Habitat Ms Morello assisted in the preparation of aquatic sections,including extensive review of data Conservation Plan on current salmon and trout populations,and their federal"Endangered Species Act'status She has also assisted in the review of literature involving large woody debris input and depletion, buffer zone widths for water quality protection(stream side shade and sediment input),and stream temperature condition Database Ms. Morello is responsible for updating and maintaining R2 Resource Consultant's in-house Management and library,which consists of over 3,000 cataloged fisheries related documents In addition,she Analysis has compiled a reference library of habitat suitability curve information for Northwest streams and rivers She is currently managing a large access database containing acoustic detection information from hundreds of tagged salmonids throughout Puget Sound Computer Skills Experience includes Microsoft Word,Word Perfect, Excel, Lotus,Access,and ArcGIS. R2 Resource Consultants, Inc. Page 2 I Adana D. Weybright, M.S. � Fisheries Research Biologist EDUCATION • M.S. (Fisheries Science)Oregon State University,2011 • B S. (Minor In Ecology)Washington State University, 1997 Years of Experience-10 • Primary Work Location-Redmond,Washington • American Fisheries Society Mr.Weybright is a biologist with 10 years experience assessing the presence and habitat conditions offish species listed under the Endangered Species Act He has managed and supervised projects related to salmonid movement, biological monitoring,and habitat surveys and has participated in mstream flow and habitat modeling studies Mr Weybright is proficient with data management and analysis,and report preparation. Fisheries Biologist Project Design. Conceived and developed research design and methods for graduate project located in Coos Bay,Oregon to identify juvenile coho salmon seasonal movement patterns and evaluate growth and survival rates in a coastal basin Assisted with development of a study to quantify and isolate hourly flow effects of two hydroelectric projects,diurnal glacial meltwater,and runoff from precipitation on salmon redd dewatering in the Skagit River, Washington Assisted with design of a study to describe bull trout movement,distribution and abundance in the Baker River basin,Washington Management Managed employees in field and office settings;trained employees in fish capture, handling and sampling methods and data analysis techniques. Supervised coho salmon Life Cycle Monitoring project in two Oregon coastal basins; project objectives were to estimate freshwater and marine coho salmon survival by brood year in each basin Freshwater Biology.. Supervised capture and sampling of juvenile salmonids throughout a coastal basin using pole seine and electrofish methods during summer and winter. Managed operation of adult salmonid trapping using picket fences weirs and spawner surveys to estimate adult population abundance Supervised operation of rotary screw traps to estimate coho salmon smolt population size Coordinated five years of salmonid spawning surveys of a 32-mile reach of the Skagit River,Washington to determine the timing and distribution of spawning and evaluate the effects of natural flow fluctuations and hydroelectric dam operation on redd dewatering. Coordinated snorkel surveys in the Baker River basin to identify movement,distribution, spawn timing, and relative abundance of adfluvial, amphidromous and resident bull trout Conducted mark-release-recapture study in the Baker River Basin to assess bull trout movement at the Baker Hydroelectric Project Marked juvenile salmonids abdominally with passive integrated transponder(PIT)tags and externally with visually implanted elastomer(VIE)tags Trained in acoustic and radio tag implantation. Managed construction,operation and maintenance of continuously functioning instream PIT antenna arrays located in freshwater and saline environments Participated in mark-release- recapture study in McKenzie River, Oregon to evaluate juvenile Chinook salmon injury and mortality associated with operation of the Leaburg Dam fish screen Assisted with investigations in the Cedar River Watershed,Washington to assess the effects of Chester Morse Lake level fluctuations on bull trout redd viability;assisted with bull trout spawning, creation of simulated redds, and monitoring of fry emergence Assisted with capture and PIT tagging of juvenile Chinook salmon as part of a study to identify movement and survival of tagged fish in Lake Washington and the Sammamish River,Washington. R2 Resource Consultants, Inc. Page 1 Adam D. Weybright, M.S. Fisheries Biologist EstuarineBlology. Supervised estuarine sampling efforts using a large beach seine and (continued) small motor boat. Assisted with research to quantify salmonid passage and evaluate passage conditions through top-hinged and side-hinged tide gates Constructed PIT antennas designed for use in estuarine and freshwater environments. Participated in efforts to identify native char utilization of the Chehalis River estuary in Washington using acoustic tagging and monitoring and intensive beach seining techniques Habitat Evaluation and Monitoring Assisted with pre-and post-construction monitoring of channel morphology and large wood in response to removal of a low dam and placement of engineered wood in the White River,WA Monitored juvenile salmonid use of habitat restoration sites in the Duwamish River estuary in Washington with the use of fyke nets and mark-release-recapture methods. Organized field efforts to assess culverts as barriers in 22 streams in the upper Green River WA Participated in post-project monitoring of adult salmonid use of engineered woodjams. Conducted habitat unit surveys in various Washington and Oregon river systems Participated in water quality monitoring in the White River and Lake Tapps,Washington lnstream Flow and HabltatModeling Participated in an IFIM study in the middle Skagit River,Washington below the Baker River confluence using Acoustic Doppler Current Profiler(ADCP). Completed data processing and assisted with analysis of scour risk in relation to salmonid spawning locations in the Skagit River. Participated in various other instream flow studies in Washington,Oregon, and Idaho. Data ManagementandAnalysis Analyzed coho salmon movement based on over 100,000 data points using Microsoft Access and Excel. Estimated juvenile coho salmon population size using bootstrap calculations and adult spawner abundance with area- under-the-curve methods. Evaluated relationship between coho salmon growth rates in estuarine and riverine areas relative to habitat variables Examined association between juvenile coho salmon winter survival and seasonal movement patterns Experienced using relational databases and performing statistical analyses using SPlus, Program R (v2 12.1), and MARK. Experienced with ARCGIS tools to manage data and map study area. Permltt/ng Responsible for obtaining scientific collection permits from state and federal entities ' Repo,t Preparation and Presentation: Timely preparation of Master's thesis following completion of data collection in March 2011 Completion of grant completion reports to the Oregon Watershed Enhancement Board. Presented masters research results at National and Oregon chapter American Fisheries Society meetings Responsible for preparation of project reports relating to salmon spawning in the middle Skagit River and bull trout movement, distribution, and abundance Presented middle Skagit River salmon spawning study results to Baker River Project Relicensing Aquatic Working Group. Management WlWlife Spotted Owl and Marbled Murrelet Crew Leader Managed northern spotted owl and Biology marbled murrelet survey crews in western Washington, responsible for survey design, surveyor training, quality control Coordinated with WDFW staff to conduct joint survey efforts Assisted with preparation of annual project reports Marine Biology Sampled catch of commercial fishing vessels as part of the NMFS Observer Program in Bering Sea and Gulf of Alaska to estimate size and composition of catch Collected biological information and specimens from a variety of marine species R2 Resource Consultants, Inc. Page 2 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, Fired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. Client# 334174 R2RESOUR ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IDDIVYYY) /25/2012 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 be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Kibble 8r Prentice,a USI Co PR HONE 206 4416300 No Ext - ac,No 610-362-8528 601 Union Street,Suite 1000 q DRIESS PL.Certrequest@kpcom corn Seattle'WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A National Fire Insurance Co.of 20478 INSURED INSURER B U.S.Specialty Insurance Compa 29599 R2 Resource Consultants, Inc. INSURER 15250 NE 95TH Street Redmond,WA 98052 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR rypE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDSMYY A GENERAL LIABILITY 3011007524 2/01/2012 02/011201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE S(Eaoccurrrence) $1000000 CLAIMS-MADE 1:9 OCCUR MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 'PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JECT LOC $ A AUTOMOBILE LIABILITY 3011007538 2/01/2012 02/01/2013 COMBIEa NED accident)SINGLE LIMIT 1,000,000 IX ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB h OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ A WORKERS COMPENSATION 3011007524 0210112012 02/0112013 WC STATIJ X TH- Toy EMPLOYERS'LIABILITY ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN (WA Stop Gap) EL EACH ACCIDENT $1000,000 OFFICER/MEMBER EXCLUDED? FN� NIA (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT I$2,000,000 B Professional USS1223108 7/01/2012 0710112013 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Rock Creek Spawning Surveys,R2 Project#: 1979 The General Liability and Auto Liability policies include a blanket automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent,only when there is a written contract between the named insured and the certificate holder that requires such status,and only with regard to work performed on behalf of the named insured General Liability is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Administration ACCORDANCE WITH THE POLICY PROVISIONS Public Works Department 400 W Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988.2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7970017/M7422407 SXFJU POLICY NUMBER 3011007538 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s)or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective Countersigned By Named Insured Authorized Representative SCHEDULE Name of Person(s)or Organization(s): Additional Insured Lessor schedule - on blanket basis: any lessor of a covered auto for which we are providing any coverage for that covered auto under this policy. (If no entry appears a above information required complete this endorsement will be shown in the Declarations as q to applicable to the endorsement) r Each person or organization shown in the Schedule is an"insured"for Liability Coverage, but only to the extent that person g or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form 0 CA 20 48 02 99 Copyright, Insurance Services Office 998 Page 1 of 1 Inc,� 9 • SB-300176-B Policy 3011007524 (Ed 01/08) With respect to the Insurance afforded, these You are not Insured for liability arising out of additional insureds, the following additional the acts or omissions of other co-venturers, exclusions apply nor of their partners, members or employees This insurance does not apply This insurance is excess over any other 1. To any "occurrence" which takes place after insurance available to such a joint venture, the equipment lease expires, or whether primary, excess, contingent, or on any other basis 2. To "bodily injury," "property damage" or "personal and advertising injury"arising out of B. The last paragraph of Section C. Who Is An the sole negligence of such additional Insured is deleted and replaced by the following insured. Except as provided in 5. above, no person or Any insurance provided to an additional insured organization is an insured with respect to the designated under paragraphs A through G above conduct of any current or past partnership, joint does not apply to "bodily injury" or "property venture or limited liability company that is not damage" included within the "products-completed- shown as a Named Insured in the Declarations operations hazard" 5. Fellow Employee First Aid 8. Blanket Additional Insured with Products- Completed Operations Coverage and Blanket Paragraph 2.a.(1)(d) of Section C. Who Is An Waiver of Subrogation Insured is deleted and replaced with the following The following is added to Section C., - Who Is an However none of these"employees" is an insured for Insured (d) "Bodily injury" or "personal and advertising injury" A. The Businessowners Liability Coverage form is arising out of his or her providing or failing to amended to include as an insured, any person or provide professional health care services organization whom you are required to add as an / However this restriction does not apply to first aid additional insured on this policy under a written administered by an "employee" who is not an contract or written agreement, but the written employed doctor or nurse. contract or written agreement must be* 6. Retired Partners, Members, Directors, and 1. Currently in effect or becoming effective Employees during the term of this policy,and Paragraph 2, of Section C. Who Is An Insured is 2. Executed prior to the "bodily injury," "property amended to include the following as insureds damage,"or"personal and advertising injury." Individual persons who are retired partners, members, B. The insurance provided to the additional insured is directors or employees are also insureds, but only for limited as follows "bodily injury," "property damage," "personal and advertising injury"that results from services performed 1. That person or organization is an additional for you under your direct supervision insured solely for liability due to your negligence specifically resulting from "your 7. Participation in Professional Joint Ventures work" for the additional insured which is the A. The following paragraph 5 is added to Section C. subject of the written contract or written Who Is An Insured: agreement No coverage applies to liability resulting from the sole negligence of the 5. You are also an insured for your participation additional insured in a past or present joint venture that is not named on the Declarations, but only if such 2, The Limits of Insurance applicable to the joint venture meets all of the following criteria additional insured are those specified in the written contract or written agreement or in the a. Each and every one of your co-venturers Declarations of this policy, whichever is less are architectural, engineering or These limits of Insurance are inclusive of, and surveying firms, not in addition to, the Limits of Insurance b. The joint venture has no direct shown in the Declarations employees, and 3. The coverage provided to the additional c. The joint venture does not own, rent or insured within this endorsement and section lease any real or personal property titled Liability and Medical Expenses Definitions — "Insured Contract" (Section F , However, you are insured only for the conduct item 9 ), within the Businessowners Liability of your business within such a joint venture Coverage Form, does not apply to "bodily SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc,with its permission Page 3 of 11 (Ed 01/08) Copyright,Insurance Services Office,Inc SB-300176-B (Ed 01/08) injury"or "property damage" arising out of the receive written notice of a claim or "suit" from the "products-completed operations hazard" additional insured unless required by the written contract or D. Other Insurance (Section H.2. and H.3.) of the written agreement. Businessowners Common Policy Conditions 4. The insurance provided to the additional are deleted and replaced with the following Insured does not apply to "bodily injury," 2. This insurance is excess over any other "property damage," "personal and advertising Insurance naming the additional insured as an injury"arising out of an architect's, engineer's, Insured whether primary, excess, contingent any professional servicess,, including or surveyors rendering or (allure to render or on any other basis unless a written contract or written agreement specifically requires that a. The preparing, approving, or failing to this insurance be either primary or primary prepare or approve maps, shop drawings, and noncontributing to the additional insured's opinions, reports, surveys, field orders, own coverage. This insurance is excess over change orders or drawings and any other insurance to which the additional specifications by any architect, engineer insured has been added as an additional or surveyor performing services on a insured by endorsement protect of which you serve as a 3. When this insurance is excess, we will have construction manager, or no duty under Coverages A or B to defend the b. Inspection, supervision, quality control, additional insured against any "suit" if any engineering or architectural services done other insurer has a duty to defend the by you on a project of which you serve as additional insured against that "suit" if no construction manager other insurer defends, we will undertake to do 5. This insurance does not apply to "bodily so, but we will be entitled to the additional injury," "property damage," or "personal and insured's rights against all those other advertising injury"arising out of insurers a. The construction or demolition work while When this insurance is excess over other you are acting as a construction or insurance, we will pay only our share of the demolition contractor This exclusion amount of the loss, if any, that exceeds the does not apply to work done for or by you sum of at your premises (a) The total amount that all such other C. Businessowners General Liability Conditions— insurance would pay for the loss in the Duties in the Event of Occurrence, Offense, absence of this insurance, and Claim or Suit (Section E.2.) of the (b) The total of all deductible and self-insured Businessowners Liability Coverage Form is amounts under all that other insurance amended to add the following We will share the remaining loss, if any, with An additional insured under this endorsement will any other insurance that is not described in as soon as practicable this Excess Insurance provision and was not $ bought specifically to apply in excess of the 1. Give written notice of an occurrence or an offense to us which may result in a claim or Limits of Insurance shown in the Declarations"suit" under this insurance, of this Coverage Part, 2. Tender the defense and indemnity of any E. Transfer of Rights of Recovery Against Others claim or"suit"to us for a loss we cover under To Us (Section K.2.) of the Businessowners this Coverage Part, Common Policy Conditions is deleted and replaced with the following 3. Tender the defense and indemnity of any y We waive any right of recovery we may have claim or "suit"to any other insurer which also against any person or organization against has insurance for a loss we cover under this whom you have agreed to waive such right of Coverage Part, and recovery in a written contract or agreement 4. Agree to make available any other insurance because of payments we make for injury or which the additional insured has for a loss we damage arising out of your ongoing cover under this coverage part operations or "your work" done under a We have no duty to defend or indemnify an contract with that person or organization and additional insured under this endorsement until we included within the products-completed operations hazard " SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc,with its permission Page 4 of 11 (Ed 01/08) Copyright,Insurance Services Office,Inc SB-300176-B (Ed 01108) 9. Amendment- Aggregate Limits of Insurance (Per under the General Aggregate limit or the Project) Products/Completed Operations Aggregate A. For all sums which the insured becomes legally limit,whichever is applicable, and obligated to pay as damages caused by 2. Such payments shall not reduce any "occurrences" under Coverage A.1., and for all Construction Project General Aggregate limit medical expenses caused by accidents under C. When coverage for liability arising out of the Coverage A.2., which can be attributed only to "products-completed operations hazard" is ongoing operations at a single construction provided, any payments for damages because of project. "bodily injury" or "property damage" included in 1. A separate Construction Project General the "products-completed operations hazard" will Aggregate limit applies to each construction reduce the Products/Completed Operations project The Construction Project General Aggregate limit, and not reduce the General Aggregate limit is equal to the amount of the Aggregate limit nor any Construction Project General Aggregate limit shown in the General Aggregate limit. Declarations D. If a construction protect has been abandoned, 2. The Construction Protect General Aggregate delayed, or abandoned and then restarted, or if limit is the most we will pay for the sum of all the authorized contracting parties deviate from damages payable under Coverage A.1., plans, blueprints, designs, specifications or except damages because of "bodily injury" or timetables, the protect will still be deemed to be "property damage" included in the "products- the same construction protect completed operations hazard," and for E. The provisions of the Limits Of Insurance section medical expenses payable under Coverage A.2. regardless of the number of not otherwise modified by this endorsement shall continue to apply as stipulated a. Insureds, 10. Extended Bodily Injury b. Claims made or"suits"brought; or Definition 3. "Bodily Injury," of Section F., c. Persons or organizations making claims Definitions, is deleted and replaced with the following or bringing "suits" 3. "Bodily Injury" means bodily injury, sickness or 3. Any payments made under Coverage A.1. for disease, mental injury or mental anguish damages or under Coverage A.2. for medical sustained by a person, including death resulting expenses shall reduce the Construction from any of these. Project General Aggregate limit for the 11. Contractual Liability-Railroads applicable construction project Such payments shall not reduce the General With respect to operations performed within 50 feet of Aggregate limit shown in the Declarations nor railroad property, the definition of "insured contract" in shall they reduce any Construction Protect Section F.,—Definitions is replaced by the following General Aggregate limit applicable to other construction projects 8. "Insured Contract" means. 4. The limits shown in the Declarations for a. A contract for a lease of premises However, Liability and Medical Expenses, Damage to that portion of the contract for a lease of Premises Rented to You, and Medical premises that indemnifies any person or Expenses continue to apply However, organization for damage by fire to premises instead of being subject to the General while rented to you or temporarily occupied by Aggregate limit shown in the Declarations, you with permission of the owner is not an such limits will be subject to the applicable "insured contract", Construction Project General Aggregate limit. b. A sidetrack agreement, B. For all sums which the insured becomes legally c. Any easement or license agreement, obligated to pay as damages caused by "occurrences," and for all medical expenses d. An obligation, as required by ordinance, to caused by accidents, which cannot be attributed indemnify a municipality, except in connection only to ongoing operations at a single construction with work for a municipality, protect e. An elevator maintenance agreement, 1. Any payments made under Coverage A.1. for f. That part of any other contract or agreement damages or under Coverage A.2. for medical pertaining to your business (including an expenses shall reduce the amount available indemnification of a municipality in connection SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc,with its permission. Page 5 of 11 (Ed 01108) Copyright,Insurance Services Office,Inc REQUEST FOR MAYOR'S SIGNATURE 4400 Z • Please FIII in All Applicable Boxes �IcNT WASMINGTON This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Matt Knox Phone (Originator) 5551 Date Sent Date Required Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 6130/13 VENDOR NAME: R2 Resource Consultants, Inc DATE OF COUNCIL APPROVAL: 9/4/12 Brief Explanation of Document The attached agreement is for R2 Resource Consultants to conduct spawning surveys in Rock Creek for the 201212013 spawning season For a summary, see the attached prepared by Mike Mactutis RECEIVE! F i,,i?jr` of The !Oav j All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received �( Approval of Law Dept Law Dept Comments CF 2KIE ��12 NT LA\N 'KEPT. r Date Forwarded to Mayor i i 4 �� I Shaded Areas to Be Completed by Administration Staff Received. c 1 Recommendations & Comments. Disposition: 1j� 5t KENi Date Returned: laise5870_templatebase • 2/07 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director 400 Phone. 253-856-5500 111N7 KE N T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 7, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 20, 2012 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement/R2 Resource Consultants, Inc. - Rock Creek Salmon Spawning Surveys 2012/2013 Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with R2 Resource Consultants, Inc. in the amount of $26,276.50, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Clark Springs Water Supply System Habitat Conservation Plan (HCP) was approved by the National Marine Fisheries Service and the United States Fish and Wildlife Service in 2011to secure the City's main potable water source. As a condition of approval, the Water Utility is required to install mitigation measures and conduct specific monitoring measures. This contract will meet the current requirements of Monitoring and Evaluation Measure MEM-3. This MEM requires weekly spawning surveys for salmon species every fourth year in Rock Creek for the 50-year duration of the HCP. Budget Impact: The Water Department has budgeted for this expense in order to maintain compliance with the HCP.