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HomeMy WebLinkAboutPW15-018 - Original - Natural Systems Design, Inc. - Clark Springs Habitat Conservation Measures - 01/26/2015 i Recordsage e KENT Document W ASHINOTON m 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. i Vendor Name: Natural Systems Design Vendor Number: ID Edwards Number Contract Number: £' This is assigned by City Clerk's Office Project Name: Clark Springs Habitat Conservation Measures Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 11/15/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager. Matt Knox Department: Engineering Contract Amount: $73,890.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide technical services to assist the City in completing Clark Springs Habitat Conservation Measures. As of: 08/27/14 I� 4100 KEN T Agenda Item: Consent Calendar - 7H TO: City Council DATE: January 20, 2015 SUBJECT: Agreement with Natural Systems Design for Rock Creek Habitat Conservation Plan, Mitigation - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Natural Systems Design in an amount not to exceed $73,890 to assist the city with a mitigation project for the Clark Springs Habitat Conservation Plan, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The US Fish and Wildlife Service and National Marine Fisheries Service issued 50-year incidental take permit in 2011 for our Clark Springs Water Supply Systemto mitigate potential impacts under the Endangered Species Act. The permit requires implementation of habitat conservation measures (RCM's) to benefit listed "! species that are outlined in the Clark Springs Water Supply System Habitat Conservation Plan (HCP). This contract will provide assistance to the City for three of thepermitted HCMs: HCM 2 will improve fish passage at the mouth of Rock Creek at the confluence with the Cedar River; HCM 3 will provide off-channel salmon habitat improvements; and HCM 6 will place large woody debris in the upper stream channel very near the Clark Springs. These projects will improve or provide habitat for salmon in Rock Creek. These HCMs are required to be completed by the summer of 2016. Natural Systems Design has a team of engineers, hydrologists and stream specialists with expertise in successful fish enhancement projects throughout the Puget Sound and northwest. EXHIBITS: Consultant Service Agreement with Natural Systems Design RECOMMENDED BY: Public Works Committee YEA: Ralph - Fincher - Higgins NAY: BUDGET IMPACTS: No unbudgeted funds will be required. Projects are funded through water utility revenues. KENO CONSULTANT SERVICES AGREEMENT between the City of Kent and Natural Systems Design THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Natural Systems Design organized under the laws of the State of Washington, located and doing business at PO Box 15609, Seattle, WA 98115, Phone: (206) 834-0175/Fax: (206) 268-0112, Contact: Mike Hrachovec (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: i The Consultant shall provide technical services to assist the City in completing Clark Springs Habitat Conservation Measures. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference, Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by November 15, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Three Thousand, Eight Hundred Ninety Dollars ($73,890.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) i Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. i VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) I 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. I 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: (signature) (signature) Print Name: �Ivltfmk42A&At 2J&c . Print uzette Cooke Its �A Fst0 Its Mayor T(ltfe) DATE: t ri 15J DATE: / S NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mike Hrachovec Timothy J. LaPorte, P.E. Natural Systems Design City of Kent PO Box 15609 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 834-0175 (telephone) (253) 856-5500 (telephone) (206) 268-0112 (facsimile) (253) 856-6500 (facsimile) APPR VED AS Tip FOR Kent Law Department Natural Systems Clark S,nnoVKnox CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 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. By: For: 1( _�1tSTCr. �CS,14.,v (njL Title: 2GSf0t � f" 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Natural, _gst@ms Design Stream& Riparian -P.O. Box 15609 Resource Management Seattle,WA 98115 SCOPE or WORK H011I 2- IMPROVING FISH PASSAGE AT TIT MOUTH OF ROCK CREEK FICNI 3-WETLAND 3-WETLAND IMPROVEMENT AND JUVENILE SALMONID HABITAT ENHANCEMENT HCM N LARGE WOODY DEBRM PLA PMENT.. REACH °ICE & 72 Prepared by; Natural Systems Design, Inc. Prepared for; Matt Knox- Environmental Ecologist City of Kent- Environmental Engineering 220 4"Ave. S. i Kent, WA 98032 November 25, 2014 Natural Systems Design, Inc. (NSD) pleased to provide a scope of work and Budget to the City of Kent for their technical services to assist in completing Habitat Conservation Measures (HCM)2, 3 &6 as described in the City of Kent's Habitat Conservation Plan(HCP). i This scope of work describes the technical services to be completed by NSD to support the City of Kent in completing the habitat enhancements for Rock Creek. For this project, NSD's core team consists of Mike "Rocky" Hrachovec, principle in-charge & project Engineer will be Garvey Dooley , Project Manager, and John Sudan, PWS. Our office manager, Dawn Duncan, will assist with monthly invoicing and coordinating meetings. Our team will be supported as needed by other staff at NSD. This section provides a scope of work describing the task elements and methodologies proposed to assist the City of Kent through the design, permitting and project management for the duration of the project. TASK 1 - HCM 2- IMPROVING FISH PASSAGE AT THE MOUTH OF ROCK CREEK Work to be completed by NSD has been divided into the following list of tasks and linked to specific project deliverables: City of Kent- Habitat Conservation Measures- HCMs 2,3 &B Page 2 Task 1A:Data Collection&Plans Task 1B:Permitting Task 1C:Project Management TASK 1A--bmWcoLL,F.cTibFj. PLANS FEND Sa- ECIFECA ION NSD will work with city staff and appropriate regulators to develop a design to meet all specified requirements for use by the City as well as State and Federal regulators. Plans, and Cost Estimate (P&E) will be submitted by the consultant for review by the city at preliminary (30%) & 90% design. NSD will also incorporate review comments from City and landowners as well as local, state and federal regulators. Summary of Consultant sub-tasks: • Collect data in the field for analysis and design. Data may include (but not limited to): substrate characterization, geotechnical information, existing soils and groundwater, bed elevations, bank erosion hazard, bank heights, bankfull elevations, hygrology, riparian plant conditions, cross- sectional areas, and photo documentation of existing conditions. • Complete a desktop analysis including site history,photos, mapping and any prior work. • Incorporate.collected data into GIS,CAD, and/or MS Office format as appropriate. • Analyze collected data for concept design. • Development of design drawings and construction cost estimate • P&E submittal at 30%,90%& 100%design. • Incorporate city comments after review of each submittal. • Incorporate property owner and regulators comments Deliverables: • P&E submittal at 30%,90%and t00% including 30% and final CAD drawings. • Meeting with city staff at 30%review. Assumptions: • P&E documents will be suitable for City public bid process. • Plan set will be developed in 11°XIV format, approx. 3.4 sheets each (cover, existing conditions/TESC plan view, proposed conditions plan view, cross-sections/details as needed) • HCM 2, 3 &6 will be bid together as a single package • City of Kent will develop project specifications and planting plan • City of Kent will be responsible for all work related to bidding and construction supen"ision. • Consultant is not responsible for developing a hydraulic model for the site. • No subsurface investigations shall be performed Provided by City: • Existing hydraulic information(if any) N=i ,t�r5ia City of Kent- Habitat Conservation Measures- HCMS 2,3 & 6 Page 3 • Electronic(CAD)versions of existing basemaps including benchmarks • ZIDAR data for each site(if available) • Existing data for each site including but not limited to past studies, historical information,land use • Review comments on P&E at 30%&90%design Schedule: • Task Complete by March 30', 2015 TASK 1B. PERMITTING ASSISTANCE NSD will assist the city in preparation of a SEPA checklist and JARPA for both HPA and Section 404 reviews. The consultant M11 meet with appropriate regulators on site after the completion of 30% P&E to review concept design and permit requirements. Summary of Consultani sub-tasks: • Meet with regulators on site to discuss concept plan and permit requirements. • Provide construction quantities for City to use in preparing the JARPA for both HPA and Section 404 submittal. • Provide work description for City to use in preparing SEPA checklist. Deliverables: • Material quantities relevant to completion of permit applications • Work description for City to use in DARPA and SEPA checklist Assumptions: • Permit material development for construction to proceed during the 2015 "fish window". Provided by City: • Draft SEPA checklist • Draft JARPA Schedule: • Task complete by May 3 V, 2015 TASK 1C. PROJECT MANAGEMENT Provide project management throughout the duration of the project to ensure successful project compliance,schedule and construction. Summary of Consultant sub-tasks: Natural.�5tlsteai6 J)cS gn ii City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 4 • Provide communication throughout the project constriction period with city staff via email, telephone and up to three 2,hr on-site meetings during construction (one meeting per site). • Maintain consistent invoicing and budgetary updates. Assumptions • Communications with the city will be primarily by phone and email. Deffverabtes: • Accurate invoicing and budgetary updates. • 2-hr on-site meeting. PROJECT Bi.1D(O"E-I AND ,SCIHlm-.DULE This project budget represents our knowledge of the work already completed, best understanding of the requested project elements, and accompanying assumptions. For the scope of services described above, we estimate that our maximum fee billed on a time and materials basis will be$21,935.This budget estimate is made based on the scope of services outlined above and is broken out per task below in Table 2.It is our understanding that the necessary funds are available for this project and that these fiords are committed to the project upon execution of this agreement. TABLE 2 — PROJECT BUDGET AND SCHEDULE i - , v s cv7 v Disc, t rtirvBclrrvlvi � k � j � BTcTt; Task 1A. Data Collection& Plans December 2014 March 2015 $15,765 Task 1 B. Permitting February 2015 May 2015 $2,600 Task 1C. Project Management September2015 October 2015 $3,570 PROJECT TOTAL $21,935 TASK 2 - HCM 3- WETLAND IMPROVEMENTS & JIUVENILE SALMONID HABITAT ENHANCEMENT Work to be completed by NSD has been divided into the following list of tasks and linked to specific project deliverables: Task 2A;Data Collection&Plans Task 2B:Permitting Task 2C:Project Management (-biunra)Systems Dc,sipl A City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 5 Task 21):Wedand Delineation This section provides a scope of work describing the task elements and methodologies proposed to assist the City of Kent through the design, permitting and project management for the duration of the project, TASK 2A- DATA COLLECTION, PLANS AND SPECIFICATIONS NSD will work with city staff, property owners, and appropriate regulators to develop a design to meet all specified requirements for use by the City as well as State and Federal regulators.Plains,and a Cost Estimate (P&E)will be submitted by the consultant for review by the city at preliminary(30%) &90% design. NSD will also incorporate review comments from City and landowners uid local, state and federal regulators. Summary of Consultant sub-tasks: • Collect data in the field for analysis and design. Data may include (but not limited to): substrate characterization, geotechnical information,existing soils and groundwater,hygrology,riparian plant conditions,cross-sectional areas, and photo documentation of existing conditions. • Review wetland delineation(completed by others) • Complete a desktop analysis including site history, photos, mapping and any prior work. • Incorporate collected data into OIS,CAD, and/or MS Office format as appropriate. • Evaluate soils and groundwater conditions to determine influence of these items on wetland • Analyze collected data for concept design. • Development of design drawings and construction cost estimate • P&E submittal at 30%&90%design including 30%and final CAD drawings. • Incorporate city comments after review of each submittal. • Incorporate property owner and regulators comments Deliverables: • P&E submittal at 30%,90%&100%l • Meeting with city staff at 30%review. i i Assumptions: • P&E documents will be suitable for City public bid process. • Plan set will be developed in 11"X17" format, approx. 34 sheets each (cover, existing conditions/TFSC plan view, proposed conditions plan view,cross-sections/details as needed) • HCM 2, 3 &6 will be bid together as a package • City of Kent will develop project specifications and planting plan • City of Kent will complete specifications • City of Kent has verified the preliminary design with regulators • Consultant is not responsible for developing a hydraulic model for the site. • No subsurface investigations shall be performed Provided by City.' • Electronic(CAD)version of existing basemap with benchmarks } i I City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 6 • L.IDAR data for each site(if available) • Existing data for each site including but not limited to past studies, historical information,land use • Review comments on P&E at 30%&90%design Schedule: • Task Complete by April 30a,2015 TASK 2B. PERMITTING ASSISTANCE NSD will assist the city in preparation of SEPA checklist and JARPA for both HPA and Section 404 reviews. The consultant will meet with appropriate regulators on site after the completion of 30% P&E to review concept design and permit requirements, Summary of Consultant sub-tasks: • Meet with regulators on site to discuss concept plan and permit requirements. • Provide construction quantities for City to use in preparing the JARPA for both HPA and Section 404 submittal • Provide work description for City to use in preparing SFPA checklist. Deliverables: • Material quantities relevant to completion of permit applications • Work description for City to use in DARPA and SEPA checklist Assumptions: • Permit material development for construction to proceed during the 2015 "fish window". Provided by City: • Draft SEPA checklist • Draft JARPA Schedule: • Task Complete by May 31`,2015 � ASK 2C. PROJECT MANAGEMENT Provide project management throughout the duration of the project to ensure successful project compliance, schedule and construction. Summary of Consultant sub-tasks: City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 7 • Provide communication throughout the project construction period with city staff via email, telephone and up to one 2-hr on-site meeting during construction. • Maintain consistent invoicing and budgetary updates. Assumptions • Communications with the city will be primarily by phone and email. Deliverables: • Accurate invoicing and budgetary updates. • One 2-hr oresitc meeting TASK 2D. WETLAND DELINEATION Complete a wetland delineation of the exisiting wetland to verify boundary, rating and type of wetland. The wetland delineation will be completed in accordance with local,State and Federal standards. This delineation will cover all areas of potential impact from project construction,staging and access. Deliverables will include three(3)hard copies and all electronic files and maps and will be completed at the time of 30%plan submittal. PROJECT" BUDGE`I_ AND SCHEDULE This project budget represents our knowledge of the work already completed, best understanding of the requested project elements, and accompanying assumptions. For the scope of services described alcove, we estimate that our maximum fee billed on a time and materials basis will be$ 27,120 This budget estimate is made based on the scope of services outlined above and is broken out per task below in Table 2. It is our understanding that the necessary funds are available for this project and that these funds are committed to the project upon execution of this agreement. TABLE 2 -- PROJECT BUDGET AND SCHEDULE DESCRIPTION T' , e'r `iy„ B'E('W�ING'DATE ENDING DATE S"-11UBiOTRL;s Task 2A. Data Collection&Plans December 2014 March 2015 $12,970 Task 2B. Permitting February 2015 May 2015 $3,680 Task 2C Project Management August 2015 October 2015 $5,670 Task 2D.Wetland Delineation December 2014 March 2015 $4,800 PROJECT TOTAL $27,120 nlatural.: i stt`.nis��4i.+i i City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 8 TASK 3 - HCM- 6 LARGE wobbY DEBRIS PLACEMENT- REACH 10 & 11 Work to be completed by NSD has been divided into the following list of tasks and linked to specific project deliverables: Task 3A:Data Collection&Plans Task 3B: Permitting Task 3C: Project Management ALTERNATE Task 3D:Worland Delineation This section provides a scope of work describing the task elements and methodologies proposed to assist the City of Kent through the design, permitting and project management for the duration of the project. TASK 3A-- DATA COLLECTION, PLANS AND SPECIFICATIONS NSD will work with city staff and appropriate regulators to develop a design to meet all specified requirements for use by the City as well as State and Federal regulators. Plans, Specifications and Cost Estimate (P&E) will be submitted by the consultant for review by the city at preliminary (30%) & 90% design. NSD will also incorporate review comments from City and local,state and federal regulators. Summary of Consultant sub-tasks: • Collect data in the field for analysis and design. Data may include (but not limited to): substrate characterization, geotechnical information,existing soils and groundwater,hygrology,riparian plant conditions,cross-sectional areas,and photo documentation of existing conditions. • Review wetland delineation(completed by others) • Complete a desktop analysis including site history,photos,mapping and any prior work. • Incorporate collected data into GIS, CAD,and/or MS Office format as appropriate, • Evaluate soils and groundwater conditions to determine influence of these items on wetland collected data for concept design. • Plans submittal at 30%and 90%design. • Incorporate city comments after review of each submittal. • Incorporate property owner and regulators comments Deliverables: • Design Plans submittal at 30%, 90& 100%including 30%and final CAD drawings. • Meeting with city staff at 30%review. Assumptions: • P&E documents will be suitable for City public bid process. • Plan set will be developed in 11"X17" format, approx. 3.4 sheets each (cover, existing conditions/TESC plan view,proposed conditions plan view,cross-sections/details as needed)\ • FICM 2,3&6 will be bid together as a package • City of Kent will develop project specifications and planting plan • City of Kent will complete sepcifications Natural ttotanis City of Kent- Habitat Conservation Measures- FICMs 2,3 & 6 Page 9 • Consultant is not responsible for developing a hydraulic model for the site. • No subsurface investigations shall be performed Provided by City: • Electronic(CAD)version of existing basetnap with benchmarks. • LIDAR data for each site(if available). • Existing data for each site including but not limited to past studies, historical information,land use • Review continents on P&E at 30%&90%design Schedule: • Task Complete by March 31", 2015 TASK 3B. PERMI-l"TING ASSISTAME - - NSD assist the city in preparation of SEPA checklist and JARPA for both HPA and Section 404 reviews. The consultant will meet with appropriate regulators on site after the completion of 30% P&E to review concept design and permit requirements. Summary of Consultant sub-tasks: • Meet with regulators on site to discuss concept plan and permit requirements. • Provide construction quantities for City to use in preparing the JARPA for both HPA and Section 404 submittal • Provide work description for City to use in preparing SEPA checklist. Deliverables: • Material quantities relevant to completion of permit applications • Work description for City to use in JARPA and SEPA checklist Assumptions: • Permit material development for construction to proceed during the 2015 'fish window" • Consultant will not review City-produced SEPA or DARPA Provided by City: • Draft and final SEPA cheddist • Draft and final JARPA I� (�Iseut;il y�cjgttrm6[kieiv�� City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 10 Schedule: • Task Complete by May 31",2015 TASK �C. PROJECT EME@!T Provide project management throughout the duration of the project to ensure successfid project compliance, schedule and construction. Summary of Consultant sub-tasks: • Provide communication throughout the project construction period with city staff via email, telephone and up to one 2rhr on-site meeting during construction. • Maintain consistent invoicing and budgetary updates. Assumptions • Communications with the city will be primarily by phone and email. • City will perform all constriction supervision and communications with Contractor Deliverables: • Accurate invoicing and budgetary updates. • One 2-hr on-site meeting Provided by City: • Constriction supervision of contractor Schedule: • Task Complete by September 30"', 2015 TASK 3D. 1/VETLAND DELINEATION Complete a wettand delineation of the exisiting wetland to verify boundary, rating and type of wetland.The wetland delineation will be completed in accordance with local, State and Federal standards. This delineation will cover all areas of potential impact from project construction, staging and access. Deliverables will include three(3)hard copies and all electronic files and maps and will be completed at the time of 30%plan submittal. Nv Aul l;5�j,,Frms Dosigi 1 City of Kent- Habitat Conservation Measures- HCMs 2,3 & 6 Page 11 PROJECT BUDGE'r AND SCHEDULE This project budget represents our knowledge of the work already completed, best understanding of the requested project elements, and accompanying assumptions. For the scope of services described above, we estimate that our maximum fee billed on a time and materials basis will be$24,825. This budget estimate is made based on the scope of services outlined above and is broken out per task below in Table 2, It is our understanding that the necessary funds are available for this project and that these funds are committed to the project upon execution of this agreement. TABLE 2 — PROJECT BUDGET AND SCHEDULE i *f 4 `t=%k v 3 8EG1N 11NG DATE ENDING DATE DESCRIPTION G 3 OSAL'k' `d, . rs£5.,',�i Task 3A. Data Collection &Plans December 2014 March 2015 $12,240 Task 3B. Permitting February 2015 May 2015 $2,895 Task 3C. Project Management August 2015 October 2015 $4,890 Task 3D-Wetland Delineation December 2014 March 2015 $4,800 PROJECT TOTAL $24,825 i TOTAL PROJECT BUDGET- HCM 2,3 & 6 =i "> +�ti4 4 c ¢ Di SCRIPY{O $ 13EC�ItSSNING DRT�'tj f fl1Pj DE js �` A..AI Tu x.5= it,ku . = a v, k ms.x hS+lh t :q TASK 1 -HCM 2-Improving Fish Passage at December 2014 December 2015 $21,935 the mouth of Rock Creek TASK 2- HCM 3-Wetland Imrpovement& December 2014 December 2015 $27,120 Juvenile Salmonid Habitat Enhancement TASK 3- HCM 6-Large Woody Debris December 2015 December 2015 $24,835 Placement- Reach 10& 11 PROJECT TOTAL $73,890 j�.1tL11:31,�tf5{f'i114 L7C$if�'i'1 v Evy y �3 5 } — 5 o § NN e ovs°P*vporvnf ?'d t I itq m F rfi i T1 � (g49r.4�ovh� {' E 3� ESe tl „ « n aa��a au9isi ;+ El 2 o fry }g� (ua.a,�w9rosi n = paea a�eia vat ,x: ?�� pseoosia uxs n,`d, o Iwo' s N, E E tv3 wac;yu 3 a a 3 �� o w� bsbAo{o flladaul,a;: �€ w. 2 � <aru.aaawem��a , ry Ea gi E Q ;o » g w in rc Y m g NO m —names �. pit j < < ns UZI e h+P 13 k SLY (6 EUOb'J>a1W6 a c 3 1r 6 {yd,a ucPFendl �T j y71. m q a m Wdawaa=wlvr ^5F t` 4a' s o g 3�a i e �� 1ww IeEnruo9' S } m= y o tz000rseaue - ' c O'+rtolw3roue9 {5 :i. K a i�v E4 {vJ,owoasmNes y�� I m 2_ a n a.tyrw.Nroµas N r<enrare eaayiai� C 3 c 3 G 06 5a.iav3 0 ml zEi w4 n > fr W w ME '" remo ..ieJoa�i = 2 sola Ulf,C°' E wm e I i i s � riae � e �" aaaaaoan ma f E 11u.esry o-�d ISI°J/Wd y .vp C519NYJ �t 0 #S` � �I n 9 i i tsi�mh,�mx� "sums ° 3 m twa�6u3>arsi tit T, C Uu%ufiuyams �[ o "t (u.,Bu3 Nvi5 Y c o oa�yayuws x t Y41nviv'J Va'n,d � o k'� �xx. z n fri r� o Ye a ti a o uuyy" .(ldpwwpl%d�d fS� (uau6u31=aadd +t (.aayd"3 wwa$ (um�a wins a N i $ N G 65 xeo;6 ro�.9 o (Emw �o.ai jFv i lz FFIJ 3 t'ae�lemmua 4 tFA 1! x Nj tid on^v�ledux�d o k in. 6 �- - EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors, A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. i ��`./�y Day' DATE IMMfDDNYYYI C40 CERTIFICATE OF LIABILITY INSURANCE 1/14/2015 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 TACT NAME, NRG Insurance Ali NRG Insurance PHONE (206)363-1110 (A, (206)363-2049 C No: P.O. Box 34628 #15043 Ao E'MAo E a 91-0724829 INSURERS AFFORDING COVERAGE NAIC# Seattle WA 98124-1628 INSURERA:Ohio Security Insurance Company 24082 INSURED INSURERB:Ohio Casulaty Insurance Co. 24074 Natural Systems Design Inc INSURER C:Continental Casualty-Co 20443 1900 N Northlake Way Ste 211 INSURER o: INSURER E: Seattle WA 98103 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1451201065 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I`TR AD DR POLICY EFF POLICY EXP R LIMITS j TYPE OF INSURANCE POLICY NUMBER MWDDfWYY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DA ETCRE 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence $ A CLAIMS-MADEOCCUR X BZS55573742 5/17/2014 5/17/2015 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP ASS $ 4,000,000 X POLICY PRO LOC S AUTOMOBILE LIABILITY (Ea amd.ntSINGLE LIMIT 2,000,000 A ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED X ZS55573742 5/17/2014 5/17/2015 BODILY INJURY(Per aeeldent) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S x HIREDAUTOS 'x AUTOS Per accident $ X I UMBRELLA Lit OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10100 S055573742 5/17/2014 5/17/2015 $ * WORKERS COMPENSATION BZ955573742 I WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN 5/17/2014 5/17/2015 ANY PROPRIETORIPARTNEWEXECUTIVE❑ NIA top Gap EL EACH ACCIDENT $ 2,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,dasa be under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT S C Professional Liability ERS91875018 5/17/2014 5/17/2015 LimDS 1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (Attach ACORD 1 Di,Addltionai Remark.Sch.d.le,if moro space Is required) City of Kent is added as additional insured as respects to work preformed by or on behalf of the insured. Coverage is primary and non-contributory. Waiver of subrogation applies. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. li City of Kent 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE `_�� M Rupp, CPCU, AAI/SAE C.—�` ~- `.,...�„ . ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).m The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent 220 Fourth Avenue South Kent, WA 98032 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to I- such work, on the project (other than ability arising cut of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; or added: (2) That portion of 'your work" out of which 2. Exclusions the injury or damage arises has been put to its intended use by any person or This insurance does not apply to "bodily injury" organization other than another or"property damage" occurring after: contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ! CG 20 10 10 01 O 180 Properties, Inc., 2000 Page 1 of 1 ❑ REQUEST FOR MAYOR'S SIGNATURE � �IyT Please Fill in All Applicable Boxes , fewetl by Director Ori inator's Name: Matt Knox Dept/Div. Engineering Extension: 5551 Date Sent: o, } Date Re uired: a PUS_`), Return to: Nancy Yoshitake CONTRACT TERMINATION BATE: 11/15/16 VENDOR: Natural S sterns Deli n DATE OF COUNCIL APPROVAL 1/20/15 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Natural Systems Design to provide technical services to assist the City;in completing Clark Springs Habitat Conservation Measures. For additional information, see the attached Council motion sheet. Ali Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department)` Received' �* r ✓ Approval of Law Dept.: t "{ Law Dept: Comments: , YJ � i ej Date Forwarded to Mayor: Z I � Shaded Areas To Be Completed By Administration Staff Received: yp 9t w Recommendations and Comments:, 'sr It , , Disposition: Date Returned: