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HomeMy WebLinkAboutPW15-254 - Original - R2 Resource Consultants, Inc. - Mill Creek Reestablishment Wetland Mitigation - 07/24/2015 ® Records ana e er to KENT Document ;f. 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: JD Edwards Number Contract Number: Qt1 This is assigned by City Clerk's Office Project Name: Mill Creek Reestablishment Wetland Mitigation Plan Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: Date of tWmayor's signature Termination Date: 3/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $76,319.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Assist with development of the wetland mitigation plan. As of: 08/27/14 KENT 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 95th St., Redmond, WA 98052-2518, Phone: (425) 556-1288/Fax: (425) 556-1290, Contact: Kevin Fetherston (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 assist the City with development of the Mill Creek Reestablishment Wetland Mitigation Plan. 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 March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Six Thousand, Three Hundred Nineteen Dollars ($76,319,00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) i A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F, The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this j Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 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 CONSULTANT SERVICES AGREEMENT - 2 (over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) i writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: r �,�,/•fZBy: BY:r� Y� (signature) Print Name: E =s ° print Nau>{ : ;Suzette Cooke Its_ Y 'r �Fnlili 4- I gts -� Mayor E (title) /"i ✓ I DATE: _ 1� Z'L DATE NQTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: prtCka -1 P�kp Rwwy Timothy J. LaPorte, P.E. R2 Resource Consultants, Inc. City of Kent 15250 NE 951h St. 220 Fourth Avenue South Redmond, WA 98052-2518 Kent, WA 98032 (425) 556-1288 (telephone) (253) 856-5500 (telephone) (425) 556-1290 (facsimile) (253) 856-6500 (facsimile) APPROVED AS�O FO i M: E r ` /9�}3 / C l ( �. t"c f Kent Law Department RJ Resource-Mill C,ee K..x CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For 45 i�;; , Title: t Date: 71' , ` EEO COMPLIANCE DOCUMENTS - 1 I 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. I I 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: II EEO COMPLIANCE DOCUMENTS - 3 f EXHIBIT A Mill Creek Reestablishment Wetland Mitigation Plan Scope of Work Prepared for. City of Kent Prepared by. R2 Resource Consultants, Inc. 15250 N.E. 95th Street Redmond, Washington 98052 June 8 2015 i i i Scope of Work City of Kent CONTENTS SCOPEOF SERVICES.......................................................................................................... 1 TASK 1 —LITTLE PROPERTY JURISDICTIONAL WETLAND DELINEATION&WETLAND TYPING............... 1 TASK 2—WETLAND MITIGATION PLAN DEVELOPMENT............................................................... ......2 Subtask 2.1 —Plant Community Characterization and Mapping.......................................................3 Subtask 2.2—Wetland Mitigation Design Alternatives.............................................—...................,,,3 Subtask 2.3—Mill Creek Channel Relocation Preliminary Design—Geomorphic and HydraulicAnalyses........................................... ..................................................................4 Subtask 2A—Wetland Functional Analyses—Impacted Mill Creek and Little Property WetlandMitlgation..............—.............. ............................................................................... 5 TASK 3—TECHNICAL GUIDANCE—REGULATORY PERMITTING AND MITIGATION PLAN CONSTRUCTION PLANS AND SPECIFICATIONS..................................... .............................................................6 TASK 4—PROJECT ADMINISTRATION...............................................................................................7 SCHEDULE............................ ............................................................. .. 7 BUDGET.................................................................................................. 7 i I R2 Resource Consultants,fnc. V June 8,2015 I Scope of Work City of Kent Scope of Services The City of Kent(City)has requested that R2 Resource Consultants (R2)prepare a scope of work(SOW) and budget to assist the City of Kent project manager with development of the Mill Creek Reestablishment Wetland Mitigation Plan. R2 will provide the following services: 1. Update the wetland delineation of the"Little Property." 2. Assist the project manager in designing a wetland mitigation plan(the Plan)to compensate for wetland impacts from the Mill Creek Reestablishment Project. The Plan will be designed to meet both federal wetland mitigation and City of Kent Critical areas requirements, Kent City Code Chapter 11,06 ("Critical areas"), 3. Provide technical guidance to the City with preparation of environmental regulatory permit documents and technical review of wetland mitigation construction documents and specifications. The following SOW provides descriptions for each of the tasks,including assumptions, deliverables, schedule, and budget. Task 1 - little Property Jurisdictional Wetland Delineation & Wetland Typing R2 Professional Wetland Scientists(PWS) will conduct an on-site jurisdictional wetland delineation of the approximately 20-acre Little Property site owned by the City. The wetland delineation, to be submitted to the U.S. Army Corps of Engineers (Corps), Seattle District,will be conducted in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and the Regional Supplement to the Corps ofEnghreers Wetland Delineation Manual Western Mountains, halleys, and Coast Region, Version 2.0(May 2010). The wetland delineation will be conducted, and wetland delineation report developed, by R2 in accordance to the wetland delineation recommendations put forth in the Corps, Seattle District, document Components ofa Complete Wetland Delineation Report(January 20, 2011). Based upon the findings of the wetland delineation R2 will conduct a wetland typing of the Little Property wetlands using the Washington State Wetland rating System for Western Washington: Hruhy, T. 2014. Washington State Wetland Rating System for Western Washington.- 2014 Update. (Publication #14-06-029). Olympia, WA: Washington Department of Ecology. Assumptions • The City will provide R2 with a legal survey plat of the Little Property site for field work. R2 Resource Consulfan(s, Inc. 1 June 8,201.5 Scope of Work City of Kent • The City will provide R2 with most recent ortho-rectified aerial photography in electronic (Shape file)format. • The City will provide on-the-ground flagging of Little Property legal boundaries where nceessary for R2 field crew to delhreate only City property (adjacent to private properties). • The City will conduct a legal survey of the wetland delineation boundary flags, including wetland sample plots,within seven (7) days of R2 finishing the on-site flagging. This schedule is recommended to prevent loss of work due to wetland boundary flagging vandalism (removal or movement of flagging by the public). • The City will provide to R2 a final wetland boundary and property boundary map projected on a recent ortho-rectified aerial photograph in Shape file and CAD formats. The map will include surveyed wetland boundary and wetland sample plot flagging locations. Deliverables • On-the-ground jurisdictional wetland delineation of the Little Property. Wetland boundary will be staked/flagged with Ix2x48" wooden stakes and vegetation where appropriate. Representative paired(upland/wetland)plots will be similarly staked/flagged. • Wetland delineation report including all report elements outlined in Corps, Seattle District, document Components of a Complete Wetland Delineation Report(January 20, 2011). Task 2 - Wetland Mitigation Plan Development R2 will develop, with the City project manager, a wetland mitigation plan (the Plan)that adequately compensates for wetland impacts from the Mill Creek Reestablishment Project. The Plan will be designed meet mitigation requirements as determined by the Corps, Seattle District, and City Critical Areas Code Chapter 11,06, The wetland mitigation plan will include elements recommended in the inter-agency (U.S. Army Corps of Engineers and Washington State Department of Ecology) guidance document: Washington State DepartnientofEcologlg US.Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. March 2006 Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Version ]). Washington State Departnnernt ofEcolo )Publication #0.6-06-0llb. Olympia, WA. R2 Resource Consultants,Inc. 2 June 8,2015 Scope of Work Crty of Kent R2 will prepare the Plan,with City review, in three phases: (1) conceptual mitigation plan design for federal and state agency review, (2)Draft Mitigation Plan upon approval by federal and state agencies of the conceptual mitigation plan, and(3)Final Mitigation Plan for DARPA submittal upon approval by the City, A pre-application meeting will be held with federal and state agencies to review, and get approval of, the conceptual mitigation plan,including compensatory mitigation ratio, before R2 proceeds with the Draft and Final Plans. The Corps will require a wetland functional analysis of impacted wetland and mitigation wetland functions to determine the amount of compensatory wetland mitigation required for the Mill Creek Project impacts. R2 recommends discussing the type of wetland functional analysis to be used for the Mi 11 Creek project with the Corps before implementing the functional analysis. For example, the Washington Department of Ecology has developed the Credit/Debit method for calculating compensatory mitigation in the State of Washington in the document: Hrub�; T. 2012, Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, Final Reporl, March 20.12. Washington State Department of Ecology publication 910-06-11, Subtask 2.1 - Plant Community Characterization and Mapping A plant community characterization and mapping for the Little Property will be conducted during the wetland delineation field work (Task 1). Plant communities on-site will be mapped as individual polygons through aerial photographic interpretation and GPS on-site mapping. Plant community type descriptions—including species lists, aerial cover, soils types and general hydrologic conditions—will be collected in (he field. Plant community, soils and hydrology characterizations and description is a necessary step in developing the vegetation restoration/enhancement design for the wetland mitigation plan, Subtask 2.2 - Wetland Mitigation Design Alternatives R2 will develop two alternative conceptual wetland mitigation design sketches for the Little Property site prior to conducting hydraulic modeling and detailed plant community restoration/enhancement and channel designs. The preliminary sketches will be presented and discussed with the City Team at a meeting. One alternative will he selected to develop into the conceptual mitigation design. Wetland mitigation design will include:plant community restoration/enhancement, gcomorphie and hydraulic analyses and channel design. The designs will be presented in CAD format. R2 Resource Consultants, Inc. 3 June 8,2015 i I i Scope of Work City of Kent Subtask 2.3 - Mill Creek Channel Relocation Preliminary Design - Geomorphic and Hydraulic Analyses R2 will use the City's topographic base map to lay out a conceptual channel configuration on the project site involving relocating the channel from its present straightened location. Various conceptual alternative layouts will be discussed, and apreferred conceptual layout identified. A 1 IEC-RAS hydraulic model will be constructed with geometry files for existing conditions and with the proposed project layout, starting upstream of the James Street culvert and ending below the next culvert downstream. Sediment grab samples will be obtained upstream and within the site;the samples will be processed at an accredited laboratory and the results used to define the grain size distribution of the current sediment load to the site and for modeling sediment transport capacity. Scour analyses will be performed for the proposed layout to evaluate the potential for impact to an existing sewer line crossing the site. Soil angering and sample plot pit, samples performed for the wetlands delineation will be used to characterize the lower soil horizon profile for guiding the design and identifying geotechnical engineering needs for future design stages. The IIEC-RAS model will be used to evaluate flooding extents of the selected layout and erosive forces in the proposed channel,where both attributes will help guide development of the design. Assumptions • A formal SEPA/SRPI3/value engineering style alternatives analysis involving developing alternative conceptual designs and cost estimates for each alternative will not be performed. • R2 will provide the City piezometer locations on a City provided site tope map. The City will provide R2 with the site topo map in CAD format, The City will install and monitor piezometers and provide R2 with piezometer measurements for R2 to characterize groundwater levels at the site. • A HECRAS model constructed by Anchor QEA for the City's Stormwater Plan might be available for use and modification in constructing the existing conditions model. If this is the case, the City will provide copies of documentation of model construction and calibration if such documentation exists. • Hydrologic analyses performed for the City as part of upstream sediment mitigation design and the Stormwater Plan HEC-RAS model have been completed and results can be used to define magnitudes of design floods and low flows in hydraulic modeling of project reach. • Topographic base map,consisting of 1 ft elevation contours, and locations and elevations/dimensions/specifications of all utilities and associated structures (e.g., culverts, and sewer pump/lift facilities, if any) on site will be provided by the City to R2. R2 Resource consultants,Inc. ._.� 4 _ June$2015 Scope of Work City of Kent • Any existing reports on hydraulic, hydrologic, and geomorphic analyses of Mill Creek will be provided to R2 by the City. Deliverables • AutoCAD 2015 CAD file with 11"x17" scaled sheets depicting: o Cover sheet w/site map and key to sheets; o Legend, survey details; o Existing site topography and property boundaries,access,utilities; o Proposed charnel plan view layout, including predicted extents of 2-, 10, and 100 year flood; the 2-yr flood results will be surrogates for OHW characterizations of the proposed channel; o Long profile along proposed channel centerline, showing predicted flood water surface elevations; o Representative cross-section profiles of the channel and any instream structures, showing predicted low flow and flood water surface elevations; o Plan and sections detailing plant community restoration/enhancementplan including relation to predicted low flow and flood flow water levels as they influence plant community composition and function; and o Conceptual level TESC and onsite water management/dewatering plans. • HEC-RAS hydraulic model of the existing and proposed channels for impact assessment and design. • Engineer's Opinion of Probable Cost for r Concept design construction sco in level g P (�) P g (� p g ), and (ii) 100%PS&E (Plans, Specifications and Estimate). • Technical Basis of Conceptual Design Memorandum summarizing hydrology,hydraulics including project effects on 100 year flood, geomorphic assessment results, sediment transport characteristics of channel, development of proposed layout, and overview of project element design constraints and approaches. Subtask 2.4 - Wetland Functional Analyses— Impacted Mill Creek and Little Property Wetland Mitigation R2 will conduct a wetland functional analysis of both impacted Mill Creek riverine wetlands and Little Property wetland mitigation designs. Upon approval of the Corps, Seattle District, the WADOE Credit/Debit functional analysis approach will be used (llruby 2012)to assess both impacts to Mill Creek riverine wetlands and the compensatory mitigation designs. R2 Resource Consultants,Inc. 5 Junc 8,2015 Scope of Work City of Kent R2 will present the selected conceptual wotland mitigation design at an inter-agency meeting to obtain approval for the mitigation design approach. Upon approval by the City, and agencies,R2 will prepare Draft wetland mitigation plan for submittal to the City. Upon City review,R2 will produce a Final wetland mitigation plan. The wetland mitigation plan is not a final construction and planting document. R2 understands the City will produce final construction documents for permit submittal and construction bid process. Assumptions • An inter-agency meeting will be held to present the Mill Creek conceptual mitigation plan. • The City will provide R2 with Mill Creek wetland delineation report, WA wetland typing document and total area and wetland type of Mill Creek wetland impacts. Deliverables • Conceptual,Draft and Final Welland Mitigation Plans. • Inter-agency meeting with Corps, Seattle District and Washington Department of Ecology. Task 3 — Technical Guidance — Regulatory Permitting and Mitigation Plan Construction Plans and Specifications R2 will provide the City with technical guidance in preparing the mitigation construction plans and specifications and regulatory permits. This technical guidance will be in the form of. (1)two meetings with R2 engineer and wetland scientists and the City Mitigation Plan Team, (2) R2 review of City developed construction sheets, and (3)R2 wetland scientist review of JARPA submittal prepared by the City. Assumptions • The City will develop final wetland mitigation construction plans and specifications. • The City will develop all environmental permits, Deliverables • two meetings with Drs. Fetherston and DeVrics and Mrs.Knox Machata at the City to review regulatory permits and construction plans and specifications. • Brief technical memorandum summarizing regulatory permits and construction plans and specifications R2 review and recommendations. R2 Resource consultants,Inc. 6 June 8,2015 Scope of Work City or Kent Task 4 - Project Administration Kevin Fetherston will be responsible for project management and coordination with the City project manager. Schedule R2 will provide the conceptual wetland mitigation plan to the City by 60 days following the City's notice to proceed(NTP), Within 45 days of City and agencies approval of the conceptual wetland mitigation plan,R2 will provide the,City the Draft Wetland Mitigation Plan. The Final Wetland Mitigation Plan will be. delivered to the City 21 days following R2 receipt of the City's Draft Wetland Mitigation Plan comments. Assumptions During the sketch wetland mitigation alternatives presentation to the City Team, R2 and the City will choose a preferred mitigation design alternative to develop to the conceptual design stage. This is a schedule determining step in meeting the 60 days post NTP conceptual mitigation plan design deliverable date. Budget Project budget is provided on the following page. R2 Resource Consultants,Inc. 7 �~ June 8,2015 Scope of Work City of Kent Rl ftionme�„.ndm„rr,D,a Table la. Labor Hours and Costs DmaAMP22,2als City of Kent-Mill Creek Wetland Mitigation ; TASKo2A (Sow SuoTASKS TASK 02D TASKOI 2.1,2,2,2.4) (SOW TASK2.3) TASK 03 TASK 04 Speiln J Ippin• hflH non Plnn Channel Del, Technicnl Pm em Admin llanrl _Ty,�_ -__ Nodding C donee _ TOTAL _ PEMOVo EL ROms HrVCmS I H,,ICSt,S B VC,OS Q Ic'us Il slens Qrs/Csts% 1`alll De Vries,Ph.D.,P.E. $180.00 0 0 80 ]0 0 -- 90 '. Ke i F Ih 1 n,Ph.D. $I91.00 48 45 0 - -- t0 _ - 40 143 III t\ell dlLpanaq Ecoloyn -__- _ ..._ __._. .___. I J.an Z bl t 3-_ 8153.00 0 A 0 0 0 4 C1S M..s_r Jndz H,Mh,nddge 8122.00 _- al 0 0 0 6 .-8 I AdmnifilfAl(,(r/I:OAPdL10 _ _ _ '' Kale Kn,o Afi,WA P\VS $122.00 80 45 0 8 0 133 1 1V¢Ilflnd Ecolo'al n CAOD 510000 - o _ 40 40 0 0 -80 Am3 sAbrina valor 5100u0 31 31 0 0 o L I. N\Vmd..Twdsin Admin. _ mILav Tiwimnanll 38"1.00 0 o RO' 0 01 80 CMI Eo liner -�- lakhe11e]iL1.aIgIdn' _ 568.00 0 0 01 0 A 8 CI¢riwl_ Tulel Lobar Quurs 131 ❑i 200 28 56 552 I TotAi LAbar CosbS 518,268.00 $18,097.00 $25360.00 S4,486.00 58,360.0 394,591.00 'fable_lb. Other Dh•ect Costs(ODCs)and'10'1'AL COSTS I, - -. Weiland otlCent Mill Crock Wetland Mitigation TASK o2AI, (SO{V SOD TASKS TASK 02B TASK Of 21,2,2,2.4) (SOW TASK 2.3) TASK03 1ASK04 - VVeliAnd D 1 ,eflV.o A, P101 dTYl,ing Md,i..Of. , Ex ¢s O0 - _Ch ID�n T,dn&al _ Ad55m00b.00l Eh Typing Tfad n _ CIIA 00 11 p'1�hss a Is ls llS floP.e 515000 S000 $0.00 S00 C. ,ISh PI&S,F C $0.00 SSOAO $0.00 MOR$ 00 5S1i 0S00..0000 50.00 55000 I Ls<11 Subl f I E p su$ 5130.On 5150,00 50.00 So.00 $O,oO 5300,00 snn¢annActor -- sao-OTL saCCE sa00J _sond _ so.00 soon III los\rAruw oc Ec,-,Suh.....<m slsooE::: sl s.aDr soAO1 soon1 _ Solon WOO -- ----- -- --_.. T nd 1e2c i p yemcm om Qe50gs/n„ ixo vt 3ann s2130 -� so.nn sow so oo sz3e on , Gnln r cISJrAD'si0/Noue -, SO.00 s40o.00 S6o0.o0 so.00 $0,00 Sh01m.00 C4VIC bh (I lvl]j;511201pxg¢ -_ S2500 _S25.o0 _ SQ,OO 50,00 50.00 550.00 co me-nnv a laxl� so.Iv A e szs.oD szs.00 scoo soon $0,00 ss000 CB - copies-Colorpte2 11 sIIT _ $2i.c0 S2500 Saw $0.00 $000 $50.00 CoPies-col r(a;hstt)-SVpa c 32500 - S25.00--- Saw 3o,nD S0.o0 Ss00o _ _ j. _ -- - -- .....__. .--- ---- _ ---" -"--- 501.1,1R2F• nil n¢m t1.A cs� sioo oo s600.ao so.00 _ $0,00 5141311 PROJT.CCIOTA.'; T.hd ODC 5 SMS.00 S883.00 S600.00 so On $0.00 64,748.00 Talnl L.Lor Cods$. 51 tl,2fia00 $19,007.00 $25,360.00 S4,496.00 SB360.00 SI4,591Ao 1OTAL COSTS 5 518,533.00 518,980.n0 325,960.00 5J,48400 S9,J60.00 S76,319.00 III R2 Resource Consultants,Inc. 8 June 8,2015 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. I EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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 Client#: 334174 R2RES0UR ACORD,. CERTIFICATE OF LIABILITY INSURANCE T (MMIDOIYYYY) 7/0 912 01 5 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 CO ACT NAME Kibble$ Prentice, a USI Cc PR PHONE -- 206 441-6300 - .A 610-362.8530 li 601 Union Street, Suite 1000 �(AIC,N E.n. _ - fArc Nol: EMAIL PLCertReuest m. k com.co Seattle, WA 98101 I AppREss INSURERS)@ gFFORDING COVERAGE NAICN INSURERA:National Fire Insurance Co. Of 20478 INSURED _- - INSURER e:Valley Forge Insurance Company 20508 R2 Resource Consultants, Inc. INSURER C:U. S. Specialty Insurance Compa 29599 'I 15250 NE 95TH Street wsuRERD: Redmond, WA 98052 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAI" THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMEOABOVE FORTHE 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 AOOL SUBR - POLICY Err POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER _ LMMIDDIYYYY MMIODIYYYY A GENERAL LIABILITY 3011007524 J 2/01/2015 02/0112016 EAC14OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Fa occurrence $1 000000 _ CLAIMS-MADE OCCUR MED ESP(Anyaneporsa,N $10,000 _ PERSONAL R ADV INJURY _$1,000,000 GENERAL AGGREGATE $2,000,000 S PER PRODUCTS-COME/OPAGG $2,000,000 $GENI AGGREGATE LIMIT APPLIES POI ICY I X PRO LOC / - COMBINED SINGLE I IMIT 1,6g0 DDO A X ANY AUTO V 92/D1/291 Ea aLY INJl _ JECT BODILY INJURY(Per persa) 5 XALL AUTOS X BODILY INJURY(PeracriJent) $ AUTOMOBILE LIABILITYBILITY SCHEDULED 30116D7536 2/Q112Q15 PROPERTY DAMAGE AUTOS AUTOS NON-OWNED Per accident $ HIRED AU AUTOS - - $ - UMBRELLA LIAR OCCUR EACH OCCURRENCE _ $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ - WC STATU- OTH- $ B WORKERS COMPENSATION 3611607622 2/0112615 02/01/2016 X -' AND EMPLOYERS LIABILITY TO III ANY PROPRIETOWPARTNEWEXFUITIVE YIN ' (AK Workers' Comp) E.L.EACH ACCIDENT $1 00U 000 OFFICERWEMS1(Mandatory In NET �' EL DISEASE-FAEMPLOYEE51000,Q6DIf __ DESCRIPTION OF OPERATIONS below 'ESE-POLICY LIMIT $196U,D9D C Professional ExcLuoeo US 152593 0710112015 07/01/2016 $1,000,000 per claim Liability $1,000,000 al aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mare space Is required) RE: R2#2089, Project-Mill Creek Reestablishment Wetland Mitigation Plan. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent, only when there Is a written contract that requires such status, and only with regard to work performed on behalf of the named insured.The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 Dill The ACORD name and logo are registered marks of ACORD #S15773299IM15632801 RPOZP SB-146932-E CAM Policy No. 3011007524 (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED— BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide ✓} (1) The exceptions contained in insurance, but only with respect to "bodily injury" or Subparagraphs d. or If.; or "property damage' arising out of"your products" which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. "Bodily injury" or "property damage" for which 2• This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the 3. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. 4. This provision 2, does not apply if"bodily injury" or G. Any physical or chemical change in the product made intentionally by the vendor; "property damage" included within the "products- completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement, for the purpose of inspection, demonstration, 2 MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: I products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy; and operations, except such operations performed 2. Executed prior to the "bodily injury," "property at the vendor's premises in connection with damage"or"personal and advertising injury,"but the sale of the product; Only the following persons or organizations are g. Products which, after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor; or a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) SB-146932-E CNA (Ed. 06/11) due to your negligence specifically resulting This insurance does not apply to 'bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c. Controlling Interest the additional insured. The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the (1) Their financial control of you; or additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9. of the definition of"insured d. Managers or Lessors of Premises contract' under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury" or "property damage' maintenance or use of that specific part of the arising out of the "products-completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement, This insurance does not apply to: (3) The insurance provided to the additional insured does not apply to "bodily injury," (1) Any "occurrence' which lakes place after "property damage," or 'personal and you cease to be a tenant in that premises; advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee, Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, f. Owners/Other Interests—Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, e similar exposures; or maintenance or use of that specific part of the land leased to you and subject to the following (b) The construction, erection, or additional exclusions: removal of elevators; or This insurance does not apply to: (2) This insurance applies only with respect to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed. 06/11) i SB-146932-E CFNA (Ed. 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations fallowing: performed by or on behalf of such k. Damage To Property additional insured, g. Co-owner of Insured Premises "Property damage" to: A co-owner of a premises co-owned by you 1• Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses incurred by you, or any other person, with respect to the co-owners liability as co- owner of such premises, organization or entity, for repair, replacement, enhancement, h, Lessor of Equipment restoration or maintenance of such An person or organization from whom you property for any reason, including Y 9 Y prevention of injury to a person or lease equipment. Such person or organization damage to another's property; are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products-completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to premises: H. Other Insurance (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner,or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY— DAMAGE TO PREMISES described in Section D — Liability and Medical Expenses Limits of Insurance. A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) SB-146932-E CAAA (Ed. 06/11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage' included in (4) Any "executive officer" or insurance the "products-completed operations manager, if you or an additional insured is hazard." a corporation; B. Under S. Exclusions, 1. Applicable to (5) Any trustee, if you or an additional Business Liability Coverage, the last insured is a trust; or paragraph of 2. Exclusions is deleted and replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7. Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" g, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. a. The insured; or 6. Broad Knowledge of Occurrence b. Any "executive officer," director, The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company)of the insured; and Form: 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "occurrence," offense, claim or"suit" is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B.: SB-146932-E Page 4 of 5 (Ed. 06/11) SB-146932-E CAAA (Ed. 06/11) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement, indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, Section F. Liability and Medical Expenses I, lease or sub-lease of any room, dwelling Definitions, item 14, Personal Advertising Injury, or premises by or at the direction of any Paragraph c. is replaced by the following: insured. (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if SB-146932-E Page 5 of 5 (Ed. 06111) POLICY NUMBER: 3011007538 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD 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): "BLANKET ADDITIONAL INSURED WHERE REQUIRE➢ BY CONTRACT" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 9-23186-A CNA (Ed. 05/89) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE j Name of Person or Organization: "BLANKET WHERE REQUIRED BY CONTRACT" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the damage must arise out of your activities under a contract person or organization shown in the Schedule because of with that person or organization. The waiver applies only to payments we make for the injury or damage, This injury or the person or organization shown in the Schedule. 9-23186-A Page 1 of 1 (Ed. 05/89) I KENT yEN` ° Agenda Item: Consent Calendar - 7E TO: City Council DATE: July 21, 2015 SUBJECT: Consultant Agreement with R2 Resource Consultants for Mitigation for the Mill Creek Reestablishment Project - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Mill Creek Reestablishment Project proposes to reestablish the original grades between culverts along Mill Creek in the Kent valley. This project will remove accumulated sediment within the creek channel between S, 204th Street and W. Smith Street to reduce flooding and drainage issues. Several environmental permits will be required for this project, including an Army Corps of Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several wetlands are expected to be impacted by this project and mitigation must be designed and planned to receive Corps approval of the 404 permit. This contract will hire R2 Resource Consultants, Inc., to design a wetland mitigation plan that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City property just east of Mill Creek and north of James Street (the "Little Property"). EXHIBITS: Consultant Services Agreement with R2 Resources Consultants, Inc. RECOMMENDED BY: Public Works Committee i YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACT: No unbudgeted funds will be required. The contract will be paid through the Stormwater Utility Fund. Corporations: Registration Detail Page 1 of 1 R2 RESOURCE CONSULTANTS,INC. UBI Number -601382614 Category REG Profit/Nonprofit Profit "Active/Inactive Active State Or Incorporation WA WA Filing Date 04/14/1992 Expiration Date 0 4/3 012 01 6 -Inactive Date Duration Perpetual Registered Agent Information Agent Name DUDLEY W REISER Address 15250 NE 95TH ST li City REDMOND State WA Z1P 98052 Special Address Information Address City State Zip Swerningitersom Title Name Address Presldent,5ecretary REISER,DUDLEY W 15250 NE 95TH ST REDMOND,WA 98052 Vice PresidenLTreasurer RAMEY,MICHAEL P 15250 NE 95TH ST REDMOND,WA 98052 I httD://www.sos.wa.szov/corns/search detail.aspx?ubi=601382614 7/23/2015 REQUEST FOR MAYOR'S SIGNATURE IT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPAE'(T�9ENT��`� fx..� f/ r Approved bV111 Dire�t .rx Ori inator: Matt Knox Phone (Originator ? 5551 ! ' Date Sent: 4/ Pt�S Date Re uired: 3I� Return`Signed Document to:Nancy yoshitake Contract Termination Date: 3/31/16 VENDOR NAME: Date Finance Notified: R2 Resource Consultants, Inc. (Only required on contracts 6/24/15 3j OOO.and.over or on any Grant) DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:N/A '. 7/21/15 Re uired on Non Cdy Standard ContractslAgreements Has this Document been Specificality Account Number: D20086 Authorized in the Bud et? 's YES' NO Brief Explanation of Document. The attached agreement is for R2 Resource Consultants to assist with the development of the Mill Creek Reestablishment Wetland Mitigation Plan, All Contracts Must Be Routed Through The taw Department Ttjis a>=ea to bereotnpjeted by the Law Department) f' Received Approval of Law Dept• Law Dept Comments: ' < �✓ ) Date Forwarded to Mayor; Shaded Areas To Be Completed By Administration Staff Received'' Recommendations and Comments. Disposition: ,... i ✓ ° f ° °Date Returned: Vci l amnlCo[WIVnIY ocess nn fAaYo sS,e ,d—