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HomeMy WebLinkAboutCAG2019-296 - Original - Natural Systems Design, Inc. - Mill Creek Reestablishment Mitigation Design Services - 05/09/2019 Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to subs-nission to the City Clerk's Office. All portions are toy be completed, If you have questions, please contact the City Clerk's Office at 253-856-5725, Vendor Name: Natural Systems Design, Inc. Vendor Number (IDE): 69570 Contract Number (City Clerk): ctq(12019 — M.0 Category: Contract Agreement Sub-Category (if applicable): None Project Name: Mill Creek Reestablishment Mayor's signaturE 51 p 6/30/20 Contract Execution Date: Termination Date: Contract Manager: Matt Knox Department: PW_. Engineering Contract Amount: $921495 Budgeted: FV/1 Grant? Part of NEW Budget: Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 1:1 Director Mayor IV/] City Council Other Details: Provide mitigation design services for the project. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Natural Systems Design, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Natural Systems Design, Inc. organized under the laws of the State of Washington, located and doing business at 1900 N. Northlake Way #211, Seattle, WA 98105, Phone: (206) 462-1246, Contact: Torrey Luiting (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide mitigation design services for the Mill Creek Reestablishment Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Two Thousand, Four Hundred Ninety Five Dollars ($92,495), 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) 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 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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 and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 3. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT- CITY OF KENT: 14,1 By: By (signature) (signature) Print Name: --' c'i�r� 1,� ` Print Name: Dana Ralph Its ( TNtr Its Ma or (title DATE:JI .S- ct DATE: �� 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Torrey Luiting Timothy 3. LaPorte, P.E. Natural Systems Design, Inc. City of Kent 1900 N. Northlake Way #211 220 Fourth Avenue South Seattle, WA 98105 Kent, WA 98032 (206) 462-1246 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST r Kent dity Clerk Nab,ral Systems Design Mill Creek Reestablishment 3/Knox 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: 4 For: ! ��� 1),!2 Title: 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: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Natural Systems Design Stream&Riparian .� 1 P.O. Box 15609 Resource Management Seattle,WA 98115 SCOPE OF WORK FRANKFORD AND MATELICH PROPERTIES COMPENSATORY WETLAND MITIGATION DESIGN SUPPORT, IN SUPPORT OF KENT MILL CREEK REESTABLISHMENT PROJECT, CITY OF KENT, WA 2 y115 a421 a6 � 'S009 I a:4'2� e 1 :IF'Fqb •. ,�„a9 i 2i 2 e� 4s _z aza u oa' .� aazz a�o'•i o(9a`§,1y9.«:�*' y tee` ,z�lso3 2s• 1Yso) 462 �af51� w 21509 151R51.. r'•` 23509 55���'. 2 1.� 6�5 �2%9`• 152� 215 12�1�5a J d y �j.' t'•�"' ,�a 1, � sbaz� i Prepared by; Natural Systems Design, Inc. Prepared for: City of Kent, WA April 10, 2019 City of Kent, WA I Frankford and Matelich Page 2 SCOPE OF WORK In order to meet the anticipated compensatory wetland mitigation requirements of the City of Kent Public Works(hereafter CITY) Mill Creek Reestablishment Project, Natural Systems Design(hereafter NSD)will prepare 3o%design plan set and a corresponding Habitat Mitigation and Monitoring Plan(HMMP)document for the City-owned 2i-acre Frankford site(King County parcel #2632000207;intersection of S.2i21h St and S 2i61h St). NSD will also research and evaluation the site potential of the privately owned,approximately i0.2- acre Matelich site(King County parcel#2222049029;east of SR5i6 and west of Frager Road South)to support wetland stream restoration. This scope of work has been drafted per coordination between the CITY and NSD on April 8 and 9,2019 and describes the basic technical services to be completed by NSD to support development of mitigation design sufficient to support JARPA application for an Individual Clean Water Act Section 404 permit for the Mill Creek Reestablishment Project. It is our understanding that the CITY is determining avoidance,minimization, and impacts to wetlands and waters. NSD understands that the CITY seeks to maximize the acres of mitigation credit available at each site. We will work with the City to achieve that goal, but cannot guarantee that either or both sites will be be sufficient mitigation for the Mill Creek Enhancement Project impacts. TASK 1. FRANKFORD MITIGATION SITE SUBTASK 1.1: SITE VISIT, BASELINE AND REFERENCE CONDITIONS ASSESSMENT NSD will review and compile background information to understand existing conditions at the Frankford property and its connections to the adjacent City-owned wetland north of South 2i2th Street.This includes, but is not limited to, review of the ICF delineation report,soils inventory,private development mitigation site as-builts for southern portion of the site, and hydrologic data from piezometers installed in the wetland north of S.2i21h Street. Publicly available topographic data will be compiled and evaluated for use. Information gathered during this task will be used to identify data gaps to be filled during the site assessment. After completion of the background review, NSD will perform a one-day field site assessment to collect key site information and increase our understanding of how the site is currently functioning. The primary aspects of the field reconnaissance will be to review hydrologic pathways and vegetation communities to inform conceptual wetland enhancement design(e.g.culverts,depressions,native vegetation communities). Historical pre-disturbance conditions will be characterized based on observations for adjacent wetland areas,air photos and reference literature.The evolution of the site over the record of available historic air photos will be considered in context with anthropogenic disturbances occurring within the watershed.The current conditions will be characterized using the most recent air photos available,2016 LiDAR topography, and data collected during the field reconnaissance.The analysis will be included in the HMMP in Task i.3. Based on the understanding thus gained, NSD will draft a wetland enhancement concept(per Task i.2). Assumptions 1. CITY will provide NSD with ICF delineation report,as-built plans,and piezometer data. 2. Field site assessment will occur after background data are provided and reviewed. 3. Site conditions are such that field site assessment can be accomplished in one field day,including travel,for the project ecologists. Deliverables: ► None included with this task. Natural StJstems Design City of Kent, WA I Frankford and Matelich Page 3 SUBTASK 1.2: CONCEPTUAL DESIGN PLAN SHEET AND MITIGATION STATEMENT SUPPORT NSD understands that the CITY seeks to maximize the acres of mitigation credit available. NSD will collaborate with the CITY to refine objectives and design criteria based on key findings from Task 1.1. NSD will submit updated project goals and specific restoration objectives for review by the CITY.These goals and objectives will provide the guidance for the development of the conceptual plans. The ability of the site to sustain forested and/or scrub-shrub wetland communities with typical mitigation site maintenance and associated costs will be considered,as well as wetland habitats which appropriately mitigate for the project impacts will be key elements of the conceptual design. Maintenance and access issues/requirements will also be identified. NSD will develop a conceptual design plan and associated conceptual level construction cost estimate that includes proposed wetland enhancement actions,their locations,dimensions,and intent toward achieving the project goals and objectives. NSD will present the conceptual design plan to the CITY for review and approval before advancing to Task 1.3. Following review and comment by the CITY, NSD will prepare a summary outlining the criteria upon which the design was based and will support the CITY in preparing a`complete mitigation statement'.The statement will support the CITY's JARPA and will include a statement of why offsite mitigation is appropriate,the functional lift expected from the mitigation site,and the basic acres and type of mitigation proposed at the site.The contents of this statement will be integrated into the Habitat Mitigation and Monitoring Plan document prepared in Task 1.3. Assumptions 1. CITY will provide CITY template for CAD standards within two weeks of notice to proceed. 2. The existing wetland is Category II,per Kent Municipal Code ii.o6.58o,and thus will require an enhanced quality`paper buffer'surrounding the enhanced portion of the wetland. a. NSD will develop the design consistent with these expectations,and consistent with the anticipation that impact reduction measures per KMC 11.o6.600.C2 will support a buffer of 75- 175 feet(depending on habitat points from the ICF wetland rating form). 3. LIDAR from WDNR LIDAR portal and/or Puget Sound LIDAR Consortium will be used to create the surface for the conceptual design. 4. No grading is anticipated at this site. 5. Habitat structures(snags,downed wood debris)to improve the wetland habitat function and provide functional lift are anticipated. 6. Conceptual design will be plan view representation of the proposed design,with typical/detail of planting zones and habitat structures. 7. One conceptual design plan sheet will be produced in CAD and delivered as 11"x 17"format PDF,for one round of CITY review and consolidated comments;conflicting comments will be resolved by the CITY prior to transmittal to NSD. 8. One conceptual design review conference call with CITY or meeting held at NSD's Seattle office;2- hour duration for project ecologist and engineer. Deliverables ► Conceptual design drawing, plan view and typical/detail delivered as 11"x 17"format PDFs ► Conceptual construction cost estimate delivered as EXCEL file Natural 5? stems Desijn City of Kent, WA I Frankford and Matelich Page 4 ► Brief zpg technical memorandum summarizing the goals,objectives,design criteria,and mitigation statement information to support the conceptual plan. SUBTASK 1.3: 30% DESIGN PLAN SET AND DRAFT HABITAT MITIGATION AND MONITORING PLAN DOCUMENT Following CITY review and approval, NSD will advance the approved conceptual design(Task i.z)to develop a preliminarY/30%level design plan set,and will prepare a Habitat Mitigation and Monitoring Plan(HMMP) document consistent in content with Kent Municipal Code requirements for wetland enhancement (ii.o6.660.C3).as well as Ecology and Corps requirements for mitigation plan contents. Area/extent of site preparation and planting zones will be presented and described,site preparation work to address reed canarygrass will be specified,and material quantities and construction techniques with associated access and delivery considerations will be included. NSD will complete a functional lift analysis of the proposed mitigation plan based on the ICF wetland delineation and ratings for inclusion in the HMMP. The HMMP will also include performance standards for a io-year performance monitoring period. NSD will develop a preliminary construction cost estimate based on the final preliminarY/3o%design plan set. The cost estimate will be developed to a preliminary level with associated contingency levels. A cost estimate inclusive of site protection, maintenance,and monitoring will be included in the HMMP. Assumptions 1. CITY will provide CITY template for CAD standards. 2. CITY will provide surveyed location of property boundaries and utilities in AutoCAD compatible form for use in the 3o%design. 3. LIDAR from WDNR LIDAR portal and/or Puget Sound LIDAR Consortium will be used to create the base map/topographic surface for the design plans;if LIDAR information is insufficient,CITY will provide topographic survey. 4. CITY will provide ICF wetland delineation shape files, including sample plot locations.Wetlands boundary will be included in the preliminary plans. 5. No geotechnical analysis is required. 6. No hydraulic modeling will be needed to create the 30%mitigation design plan set. a. NSD may recommend installation of piezometers and water surface elevation gages in the site to support finalization of wetland enhancement design. Any such installation and data collection would need to occur via contract amendment. 7. CITY will submit JARPA with the conceptual plan, but will require the 3o%design plan set to acquire project permits under all applicable federal,state, and local regulations. 8. Design sheets will be developed in AutoCAD 2017 or equivalent. 9. NSD will use WSDOT unit bid items and costs where possible. io. NSD will use our internal database of recent construction bids where applicable. 1i. CITY will bid the project independently from the Mill Creek Reestablishment project. iz. Drawings will be produced at ii x i7 for the preliminary design. 13. No specifications will be developed for this design iteration. i4. CITY will assist in preparation of site protection, maintenance,and monitoring costs chapter of the HMMP by providing estimated costs based on their local experience. 15. HMMP existing conditions will be based on ICF Delineation Report and wetland rating forms. Natural 59stems Design City of Kent, WA I Frankford and Matelich Page 5 a. Functional lift analysis will be based on ICF wetland rating forms as the baseline conditions. 16. NSD will not develop a separate basis of design report,rather the basis for the design will be described within the HMMP document. a. Basis of design narrative incorporated into the HMMP document that summarizes project background;goals and objectives; site evaluation;concept design development;construction considerations and selected construction approach. 17. One round of CITY review and consolidated design plan comments prepared by CITY in comment matrix;conflicting comments will be resolved by the CITY prior to transmittal to NSD. 18. Response to CITY comments matrix indicating how CITY comments were resolved or why no change was made. 19. One round of CITY review and consolidated HMMP comments in track changes in WORD document. Conflicting comments will be resolved by the CITY prior to transmittal to NSD. a. Comments will be discussed with City, but separate response to comments document will not be prepared. Deliverables ► Draft and final 3o%design drawings,approximately 8 sheets delivered as 11"x 17"format PDFs. At this point,we anticipate that the drawing set will include the following sheets: (1) Cover sheet (2) General notes and quantities (3) Project overview with wetland delineation (4) Overall site plan with access and staging areas identified (5) Site preparation and access plan details (6) Planting plan overview (7) Plant Schedule (8) Planting details ► Material quantities and preliminary construction cost estimate ► Draft HMMP for City review and Final HMMP document for inclusion with CITY JARPA SUBTASK 1.4: RESPONSE TO REGULATORY AGENCY AND MUCKLESHOOT TRIBE COMMENTS NSD will review comments and questions on the preliminary plan sheets and HMMP document received from the Corps, Ecology,WDFW,and Muckleshoot Indian Tribe fisheries department following CITY submittal of the JARPA and conclusion of the Mill Creek Reestablishment project public comment period. NSD will provide the CITY with email clarifications and will indicate how comments could be addressed in subsequent iterations of the design(subsequent design iterations will require a contract amendment). Assumptions 1. Email response to comment suggestions. z. This task includes up to 4 hours for meetings with City regarding response to comments. 3. Changes to the preliminary design and/or submitted HMMP to respond to comments will require a contract amendment. Deliverables ► Email and telephone meeting notes(if requested) Natural.Systems Design T l City of Kent, WA I Frankford and Matelich Page 6 SUBTASK 1.5: PROJECT MANAGEMENT AND COORDINATION This task includes scheduling, budget and schedule management,coordination with the CITY,and quality control services for this work. For activities covered by this scope of work, NSD shall work closely with the CITY and to meet the goals and objectives of the work assignment. NSD will coordinate its activities with the CITY's project manager to ensure that NSD's activities do not duplicate or conflict with other consultant or CITY activities. Assumptions 1. Project management will entail approximately 1 hour per month for invoicing and budget management and approximately 3 hours per month of coordination with the City by phone or email. 2. Task 1 will extend between primarily between May 2019 and July 2019(3 months)and will culminate in the CITY's JARPA submittal to the Corps/Ecology/WDFW.Contract would remain open until December 31,2020 per City request. Deliverables ► Monthly invoices ► Email and telephone meeting notes(if requested) TASK 2: MATELICH MITIGATION SITE VIABILITY ASSESSMENT The CITY has not yet determined if the Matelich property is a viable site for acquisition and mitigation. NSD would support the CITY in considering site viability prior to property purchase by analyzing the conditions in and around Midway Creek and its associated wetlands upstream and downstream of the Matelich site. If our initial site assessment indicates there are significant constraints which would limit the viability of wetland mitigation at this site,we would advise the CITY and terminate work on this task. SUBTASK 2.1: SITE VISIT, BASELINE CONDITIONS ASSESSMENT, SITE VIABILITY ASSESSMENT NSD will review and compile background information to understand existing conditions approximately io.z- acre Matelich site,privately owned,(King County parcel#2222049029;east of SR516 and west of Frager Road South).This includes, but is not limited to,review of the ICF delineation report, soils inventory, hydrologic data from monitoring well on site,and landscape context information that can be derived from publicly available sources. LIDAR topographic data will be compiled and evaluated for use. Information gathered during this task will be used to identify data gaps which would need to be filled to prepare a mitigation design for the site. After completion of the background review, NSD hydrologist and senior ecologists will perform a one-day site investigation to collect key site information and increase our understanding of how the site is currently functioning. The primary aspects of the field investigation will be to review hydrologic pathways and vegetation communities and to collect existing conditions information at key locations(i.e.fill areas;water quality indicators in the wetland)to inform the viability assessment.As part of this task, NSD will evaluate the potential need for a hydrologic and hydraulic model of Midway Creek for potential mitigation site design. It appears that the portion of Frager Road South north of the Matelich site is not assessible by vehicle (Seattle Public Utilities ownership, bollards in road visible on GoogleEarth). Understanding the conditions at the downstream culvert and confluence of Midway Creek with the Green River, both of which are located within SPU parcel#0002000001,is important to understanding the site potential of the Matelich property. Natural 5nstems Design T•�l City of Kent, WA I Frankford and Matelich Page 7 NSD will work with the City to determine if SPU will grant pedestrian access along Frager Road South and allow NSD staff to view the downstream culvert and confluence of the creek with the Green River. Historical pre-disturbance conditions will be characterized based on observations for adjacent wetland areas,air photos and reference literature.The evolution of the site over the record of available historic air photos will be considered in context with anthropogenic disturbances occurring within the watershed.The current conditions will be characterized using the most recent air photos available,2o16 LiDAR topography, and data collected during the site visit. NSD's viability analysis will be presented in a short technical memo summarizing the research results,data gaps,opportunitites and constraints, and presenting NSD's best professional judgement regarding the viability of the site for compensatory wetland mitigation and the tasks and level of effort needed to create a 3o%design. Assumptions 1. CITY will provide NSD with ICF delineation report, monitoring well data, Phase 1/2 site assessment report,and any other information readily available regarding Midway Landfill and Midway Creek. z. Field site investigation will occur after background data are provided and reviewed. 3. CITY will coordinate access to the Matelich site and coordinate with SPU if necessary to secure access along Frager Road to downstream culvert and the Midway Creek confluence with the Green River. 4. Site conditions are such that field site visit can be accomplished in one field day, including travel, for project ecologists and hydrologist. Deliverables: / Summary memo presenting site viability assessment. COST ESTIMATE This project budget represents our knowledge of the work already completed, best understanding of the requested project elements,and accompanying assumptions articulated herein. For the scope of services described above,we estimate that our total fee will be completed on a time and materials basis. Estimated costs for the tasks described in this Scope of Work are outlined in Tables 1 and z based on the assumptions described above and estimated level of effort given the limited information known to NSD regarding these two sites at the time of this contract. 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 NSD will invoice on a Time and Materials basis,not to exceed the contract total,and may move resources between tasks within the contract amount to accomplish the scope of work and as necessary and appropriate to the work requested. NSD will coordinate with CITY on any substantive differences in actual level of effort for the tasks included herein,compared to that anticipated in the cost estimate. Na�"SgstemT ijn �� l City of Kent, WA I Frankford and Matelich Page 8 Table 1 — Project Schedule and Budget Summary DESCRIPTION ANTICIPATED NTP TARGET ENDING DATE SUB TOTAL Task 1. Frankford Mitigation Site May 6, 2019 July 15, 2019 $76,840 Task 2. Matlich Viability Assessment May 6, 2019 June 30, 2019 $15,655 PROJECT TOTAL $92,495 Natural?nstems Design l N a, �f tD (Al 69 V1 to `n CO N tD R W In O 64 to to to � m U � N O M fl 64 O u� Y 69 EA V3 y� X 69 69 O N O O O O O O O O O fND OOi U t0 t0 N m t• N _ N m (O O C. O O t O N V V t0 FA FA Vj o9 nj @ EA tsi EA to co to Ol l(1 � Q1 H = O (Jau61sa4 °o adeospue-1 11e3S) ° N o a O d euua){ a y N (isibolojpAH JoivaS) O o 0 0 v � v AA analS o OsguaioS 11e1S) H ugoo V) N o (lioddnS ulwpy joivaS) c o v v 4 unne4 O (uoddnS wwpy) o a W Ae){ r L V O (SIJ/Ob'o joivag) vs V�AjeE) aav � (lsi601003 JoivaS) o co o n » 3 eiojew E c� (Jaaw6u3130fWd) N N N V S� N ue69VY O (isi;uaps aopaS) o o w o N Ito o l6 (;squaioS joivaS) L N N V O V z LL S uyor c� _ m ¢ Z o c c c6 0 o C _ O C ` '� q C n c ~ io rn a 6 @ N ' ✓: c m U.1 m n � o E N m c C N 6 p N ti O v7 o @ U a N Q d U7 t�B N ti Oo N O Y N N 2 m C U M O a U L _ C N O = (a O QCp (0 p c E Y fd Q N U .0 CJ o L CM N O H w y fl cs m N m s ° m m c dS v CV Y j aN m a o a s u m > c v p ti in Q Cg n X- in n _ Y _ Vl of F- 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, $2,000,000general 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 $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 A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. rA CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) t�? 05i09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. 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 poilcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER UUNTACT NRG Insurance NAME: NRG Insurance PHONE r206)363.1110 (A/C,No Eat A1C,No 20: ( 6)363-2044 PO Box 34528#15043 AD'MDRAILESS: 91-0724829 INSURER(S)AFFORDING COVERAGE NAIC N Seattle WA 98124-1628 INSURER A, Ohio Security Insurance Company 24082 INSUREn INSURER B: Ohio Cosulaty,Insurance Co. 24074 Natural Systems Design Inc INSURER C: CNA 20443 1900 N Northlake Way Ste 211 INSURER D: INSURER E. Seattle WA 98103 INSURER F. COVERAGES CERTIFICATE NUMBER: CL185902545 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, IN R LTR TYPE OF INSURANCE IN WVO ICYNUMSER Xp MM/ppIYYYY -M M/OplYYYY LIMITS X COMMERCIAL GENERAL LIA81LITY EACH OCCURRENCE S 2,000,000 CLAIMS-rAADE r A OCCUR PREMISES Ea ocaaremei s 2,000,000 MED EXP(Amy ore or soul S 15.000 4 Y Y BZS55573742 05/1712018 05/17/2019 2,000.000 --- PERSONALS ADV INJURY S GEN'_AGGREGATE LIM!T APPLIES PER: POLICY ❑PROT ECT D LOC GENERAL AGGREGATE $ 4,000.000 PRCOUC S-COMPIOP AGG S 4,000,000 OTHER Additional Liability $ AUTOMOBILE LIABILITY COMBINED<INGLE LIMIT f 2,000,000 ANY AUTO Ea acodanif (Per er person) S( ow" sCHECULEo Y Y BZS55573742.iUTGS ONLY AUTOS 05/17/2018 05/17/2019 BOD:LYIN,;URY(Per acc{deotl $ X HIRED NON-OWNEC R P R (-DAb1A E AU7CS ONLY AUTOS ONLY R ac t1) f _tPe X UMBRELLA LIAR pt;CUR 2,000,000 B EXCESS LIAB EACH Or.CORRENCE S CLAIMS-Mi OF US055573742 05/17/2016 05/1712019 AGGREGATE $ 2,000,000 DED X RETENTION $ 10,D00 WORKERS COM PEN SATION f _ AND EMPLOYERS LIABILI"rY OTH• YIN STATUTE ER 8 ANY PROPRIMS R/PARTNEED? UTIIE 2,000,000 QFFICEory in H) EXCLUDED? ❑ NIA BZS55573742 Stop Gap 05/17,12018 05/17/2019 Et EACH ACCIDENT $ (Mandatory in NH) _ If ycs,JrsrAbeunder E.L.DISEASE-EA EMPLOYEE S 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ 2,000,000 C Professional Liability EEH591875018 05/1712018 05/17/2019 Per Claim $3,000.000 Annual Aggregate 33,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) City o1 Kent listed 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 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD IS ACORD CORPORATION. All rights reserved. POLICY NUMBER:BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Kent Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or g omissions or the acts or omissions of those acting will pay on behalf of the additional insured is the on your behalf: amount of insurance: 1 Re uired 1. In the performance of your ongoing operations; W y iile contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ® Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: BZS55573742 COMMERCIAL GENERAL LIABILITY i CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following.- COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ® Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:BZS55573742 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 p REQUEST FOR MAYOR'S SIGNATURE KENT WAs Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPAR T Appro d by Director Originator: Matt Knox Phone (Originator): 51 Date Sent: ;r/g//9 Date Required: 5/l5/j,J Return Signed Document to: Nancy Yoshitake Contract Termination Date: 6/30/20 VENDOR NAME: Date Finance Notified: Natural Systems Design, Inc. (Only required on contracts 5/7/ 1 9 y g 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 5/7/19 Date Risk Manager Notified: N/A (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: D20086 Authorized in the Bud et? • YES NO Brief Explanation of Document: The attached agreement with Natural Systems Design is to provide mitigation design services for the Mill Creek Reestablishment Project. VED KENT LAB/ D All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: City of Kent S I�l j Office of the Mayor Date Returned: 1 ivil\ormsl ocument Processing\ equest for Mayors Signature.ocx KENT W a 5 rt i, G T 0 H DATE: May 7, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Natural Systems Design, Inc. for Mitigation Design for the Mill Creek - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Natural Systems Design, Inc. in an amount not to exceed $92,495.00, for the design of Mill Creek Reestablishment Project mitigation plans subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Mill Creek Reestablishment Project ("Project") includes removing accumulated sediment from Mill Creek in order to restore the creek. Accumulated sediments have filled in the creek channel at depths of up to five feet over the past three decades. The creek was dredged and maintained regularly until the 1980s when permitting made creek maintenance difficult and expensive. Accumulated sediment has exacerbated flooding problems in the Kent Valley. In order to submit environmental permits for this project, regulators require a mitigation plan for project impacts to wetlands and wetland buffers. This consultant contract will provide the mitigation design necessary to submit the permit. BUDGET IMPACT: Stormwater Utility Fund - budgeted expenditure. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Government ATTACHMENTS: 1. Natural Systems Design, Inc. Agreement (PDF) 04/15/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 5/7/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Brenda Fincher, Toni Troutner EXCUSED: Dennis Higgins I