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CAG2022-228 - Original - Confluence Environmental Company - Rock Creek Fish Presence Surveys - 05/25/2022
ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: Nancy Y. for Evan Swanson Public Works 05/24/2022 05/31/2022 4 N/A W20005 N/A Confluence Environmental Company Contract Other Rock Creek Fish Presence Surveys Conduct fish presence surveys. $20,850 Mayor's signature Other 07/31/2022 I confirmed with the Consultant that they do not own any vehicles and only hired and non-owned autos are being used for this contract. Okay to Sign - Christina Schuck 5/24/22 CAG2022-228 Original 5/27/22 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Confluence Environmental Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Confluence Environmental Company organized under the laws of the State of Washington, located and doing business at 146 N. Canal Street, Suite 111, Seattle, WA 98103, Phone: (206) 321-7314, Contact: Eric Doyle (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct Rock Creek fish presence surveys. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The 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. The Consultant shall complete the work described in Section I by July 31, 2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Thousand, Eight Hundred Fifty Dollars ($20,850), 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the 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 the 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 the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the 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 the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. IX.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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A.Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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 the 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. 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. CONSULTANT SERVICES AGREEMENT - 6 (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: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Eric Doyle Confluence Environmental Company 146 N. Canal Street, Suite 111 Seattle, WA 98103 (206) 321-7314 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Confluence Environmental -Rock Creek/Swanson Scott White President 05/23/2022 05/25/2022 EEO COMPLIANCE DOCUMENTS - 1 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: __________________________________________ Title: _________________________________________ Date: _________________________________________ Confluence Environmental Company President 05/23/2022 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ EXHIBIT A Mr. Evan Swanson May 5, 2022 CONFLUENCE ENVIRONMENTAL COMPANY staff. The survey protocol will be adapted from O'Neill (2007)1 with modifications for stillwater environments. Confluence assumes that all work will be conducted on portions of Rock Creek and adjacent off - channel habitats on public lands owned by the King County Department of Natural Resources and Parks, specifically parcels 2222069036 and 2222069006. These parcels will be accessed via the Cedar River trail from suitable public access points. Task 1 Planning and Mobilization Confluence will assemble the necessary field equipment to conduct snorkel surveys of two off - channel wetlands approximately 100 feet by 50 feet in size, and approximately 300 feet of small stream channel approximately 30 feet in bankfull width with flows of up to 20 cubic feet per second at the time of the survey. Confluence will prepare an access and field safety plan and schedule field teams for the primary and contingency surveys as needed. Estimated cost of Task 1: $2,760 Task 2 Reach 1 and Reach 2 Wetland Snorkel Surveys Confluence will conduct one snorkel survey of off -channel wetland areas enhanced under HCM-3 and HCM-4 of the HCP. The wetlands in question are located to the west of Rock Creek in reach 1 and to the east of Rock Creek in reach 2, approximately 200 and 400 feet upstream of the Cedar River confluence, respectively. Each wetland complex will be surveyed on the same date in May or June of 2022. The survey team will consist of two snorkelers and a field lead. The field lead will coordinate the survey, manage field forms and data collection, and oversee team safety. Snorkelers will collect underwater video using GoPro cameras for post -survey review and confirmation of fish identifications. Estimated cost of Task 2: $4,600 Task 3 Data Compilation After the completion of the survey, Confluence staff will compile site conditions data and observed fish numbers for each wetland site. The team will review underwater video footage with an experienced fish identification expert to confirm identifications made in the field and QA/QC the fish presence data collected at each site. 1 O'Neal, J. S. 2007. Snorkel surveys. Pages 325-340 in D.H. Johnson, B.M. Shrier, J.S. O'Neal, J.A. Knutzen, X. Augerot, T.A. O'Neil, and T.N. Pearsons. Salmonid field protocols handbook: techniques for assessing status and trends in salmon and trout populations. American Fisheries Society, Bethesda, Maryland. www.confenv.com page 2 of 4 Mr. Evan Swanson May 5, 2022 Estimated cost of Task 3: $2,390 Task 4 Prepare Technical Memorandum CONFLUENCE ENVIRONMENTAL COMPANY Confluence will prepare a memorandum of findings presenting the number of juvenile fish observed by species per unit of survey effort by survey location. This memorandum will also report the following pertinent environmental parameters for each survey event: ■ Stream flow in Rock Creek measured at USGS gage 12118400 (gage 12118500 at the upstream end of Reach 2 has been discontinued due to lack of funding) ■ Air temperature and weather conditions ■ Water temperature in Rock Creek upstream of each wetland site ■ Surface and mid -depth water temperatures in each wetland habitat ■ Underwater visibility conditions ■ Fish passage/accessibility to each wetland habitat ■ Informative photographs The memorandum will be delivered to the City of Kent on or before June 30, 2022. Estimated cost of Task 4: $5,430 Task 5 Rock Creek Snorkel Surveys (contingency) This task will only be performed following written approval from the City of Kent, if no fish are observed during the Task 2 survey. HCP MEM-5 states that "Off no salmonids are observed within the wetland areas, the mainstem of Rock Creek will be snorkeled for a minimum of 300 feet immediately upstream of the wetland access point." This task covers the effort necessary for an additional day of effort to complete the contingency survey if needed. The stream snorkeling survey will only be conducted if no juvenile salmonids are observed during the wetland sampling event. If juvenile salmon are observed in either the Reach 1 and/or Reach 2 wetland, this task will not be required. Confluence will conduct the as -needed stream snorkel survey as soon as possible after receiving permission in writing from the City. The survey will be conducted by a two -person team, one snorkeler and one field lead. To remain on public property, Confluence will limit the survey effort to the approximately 300-foot-long segment of stream extending from the Reach 1 wetland inlet to the upstream boundary of King County parcel 2222069006. Estimated cost of Task 5: up to $3,250 BUDGET Table 1 provides an overview of the budget for each task presented above. A detailed budget estimate with hours by rate category is attached at the end of this memorandum. The total www.confenv.com page 3 of 4 Mr. Evan Swanson May 5, 2022 4b 7 CONFLUENC F estimated cost for the services described above, including the full scope of contingency task 5, is $20,850. If task 5 is not required, the total estimated project cost is $17,518. If invalid assumptions or changes to the SOW result in additional time and materials beyond those described herein, we will contact you to negotiate a contract amendment prior to conducting any unscoped work. Table 1. Summary of Tasks and Budget Task 1 Title Planning and mobilization BudgetTask/Expense Estimated $2,760 Task 2 Reach 1 and Reach 2 wetland snorkel surveys $4,600 Task 3 Data compilation $2,390 Task 4 Prepare technical memorandum $5,430 Task 5 Contingency surveys $0 to $3,250 Project Management $1,305 Equipment and ODCs $1,033 to $1,115 Minimum Estimated Proposal Cost - Excluding Task 5: $17,518 Maximum Estimated Proposal Cost - Including Task 5: $20,850 CONTRACT EXECUTION If you have any comments or questions about this SOW, please feel free to contact me at the email address or phone number provided below. If you wish to proceed with contracting, please respond to our delivery email with the required documents. Confluence will review the contract terms and conditions and work with you to execute the agreement. Thank you for your consideration and I look forward to working with you on this project! Respectfully yours, ERIC DOYLE, MS Senior Aquatic Ecologist 206.321.7314 eric.doyle@confenv.com www.confenv.com page 4 of 4 /x - - & .a [:4:4:4j4:& 64 �:�:�: - \ k ) a:aka:a:& \ � ) : co ))tm j o cj U)) _\ je }\ cn \\ } ::::: 7/ #ee@== -- §ww&\2// ) ƒ/)}�}co co 00 e : ! { - { ( _ � \ - $ ( i ;E;}; _ ° k ):): 12 ) )i ■: :; ,i �a a \$:{/ !c § J _:,::-:. | |E \ » § \$ƒƒ% m[ ! . � �: E . ) { ) [ j\\\\) �kk\ ) ( ]r) { - §!r \\.. 65k \ ))[L /�( of $%\)§ƒ_ \-a�f - )�(( '@D G / ):):):):):/) / \ } / ) ] 0 ! 17 % § § 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. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B.Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C.Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2.The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3.The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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 Consultant before commencement of the work. F.Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/23/2022 34452 Confluence Environmental Company 146 N Canal St #111 Seattle, WA 98103 24082 24074 38733 A 5,000,000 X X 7930117880000 3/5/2022 3/5/2023 300,000 WA Stop Gap 10,000 5,000,000 5,000,000 5,000,000 1,000,000B BAS57702471 3/5/2022 3/5/2023 4,000,000C ESO57702471 3/5/2022 3/5/2023 4,000,000 10,000 D 21IWU09291 9/18/2021 9/18/2022 1,000,000 1,000,000 1,000,000 A Pollution Liab.7930117880000 3/5/2022 Ded: $2,500/Ea Condi 5,000,000 A Professional Liab.7930117880000 3/5/2022 3/5/2023 Ded: $2,500/Ea Claim 5,000,000 Rock Creek fish presence surveys City of Kent is included as an Additional insured per written contract. Coverage is Primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Kent 220 Fourth Avenue South Kent, WA 98032 CONFENV-01 R1GJOHNSON AssuredPartners of Washington, LLC 15809 Bear Creek Parkway #300 Redmond, WA 98052 Mike Nichols michael.nichols@assuredpartners.com Homeland Insurance Company of New York Ohio Security Insurance Company The Ohio Casualty Insurance Company Alaska National Insurance Company X 3/5/2023 X X X X X X X X X Copyright 2019, Intact Insurance Group USA LLC E-INSURED Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION – FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. Any location where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury, property damage or environmental damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or OBENV GE 346 (01 19) Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III – LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 346 (01 19) Contains copyrighted material of Insurance Services Office, Inc. with its permission. Copyright 2019, Intact Insurance Group USA LLC Page 2 of 2 (,1685(' 3ROLF\1XPEHU 793-01-17-88-0000 7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< $'',7,21$/,1685('±2:1(56/(66((625&2175$&7256± &203/(7('23(5$7,216 7KLVHQGRUVHPHQWPRGLILHVFRYHUDJHSURYLGHGXQGHUWKHIROORZLQJ &200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57 &2175$&7256(19,5210(17$//,$%,/,7<&29(5$*(3$57 6&+('8/( $6(&7,21 ,, ±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±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ny location, and completed operations at such location, where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. 1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ V 2U2UJDQL]DWLRQ V Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement. OBENV GE 319 (11 20) Page 1 of 1 Contains copyrighted material of Insurance Services Office, Inc. with its permission. E-INSURED Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy provided that: a. The additional insured is a named insured under such other insurance; and b. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (1) Act primary to any other insurance available to the additional insured; and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the same. OBENV GE 320 (11 20) Page 1 of 1 Contains copyrighted material of Insurance Services Office, Inc. with its permission. E-INSURED Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition of SECTION IV – CONDITIONS: 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 negligence during: 1. Your ongoing operations; or 2. Your work; performed under a written contract with such person or organization and included in the products-completed operations hazard. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) in the written contract prior to loss. This waiver applies only to the person or organization shown in the SCHEDULE above. All other terms and conditions remain the same. Name Of Person Or Organization: Any person or organization that the "Named Insured" agreed to waive its rights of recovery against in a fully executed written contract. Policy Number: 793-01-17-88-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMIT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for medical expenses under Section I - Coverage C regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 3. The Total Designated Construction Project(s) Aggregate Limit shown in the SCHEDULE above is the most we will pay for the sum of all damages caused by occurrences under Section I – Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at designated construction projects. OBENV GL 324 (07 13) Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 Copyright 2013, Intact Insurance Group USA LLC E-INSURED Designated Construction Project(s): Any construction project for which the "Named Insured" agreed to provide a designated per project aggregate limit in a written contract or written agreement that was fully executed by the "Named Insured" prior to the performance of the "Named Insured’s" work that is the subject of such written contract or written agreement. Coverage afforded for such construction project will not be broader than the scope of insurance agreed to by the "Named Insured" in such written contract or written agreement. Total Designated Construction Project(s) Aggregate Limit: $ 5,000,000 4. Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments will also reduce the Total Designated Construction Project(s) Aggregate Limit shown in the SCHEDULE above. However, such payments will not reduce: a. The General Aggregate Limit or Policy Aggregate Limit shown in the Declarations; or b. Any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. 5. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit or Policy Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above, any payments made under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C will: 1. Reduce the amount available under the General Aggregate Limit and Policy Aggregate Limit shown in the Declarations; and 2. Not reduce any Designated Construction Projects Aggregate Limit or the Total Designated Construction Project(s) Aggregate Limit. C. If the applicable designated construction project has been abandoned, delayed or abandoned and restarted, or if the authorized contracting parties deviate from plans, blueprints, specifications or timetables, we will deem the project to be the same construction project as it was originally listed in the SCHEDULE above. All other terms and conditions remain the same. OBENV GL 324 (07 13) Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 2 Copyright 2013, Intact Insurance Group USA LLC