Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutContract CAG-18-057
G�jY O:
t t
FNTO�
AGREEMENT FOR CEDAR RIVER MAINTENANCE DREDGE
PROJECT POST CONSTRUCTION DOCUMENTATION AND
MITIGATION MONITORING CAG-18- 057
THIS AGREEMENT, dated March 8, 2018, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and GeoEngineers, Inc. ("Consultant"), a Washington
Corporation. The City and the Consultant are referred to collectively in this Agreement as the
"Parties." Once fully executed by the Parties,this Agreement is effective as of the last date signed
by both parties.
1. Scope of Work: Consultant agrees to provide post-construction mitigation monitoring
and documentation for the Cedar River Maintenance Dredge Project as specified in
Exhibit A, which is attached and incorporated herein and may hereinafter be referred to
as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than June 30, 2024.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $963,864, plus any applicable state and local sales taxes.
Compensation shall be paid as a flat rate fixed sum based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit A. The Consultant
agrees that any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A.
Except as specifically provided herein, the Consultant shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed,the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement.The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten(10)calendar days' notice to the Consultant in writing. In the event
of such termination or suspension,all finished or unfinished documents,data,studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
PAGE 2 OF 10
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Standard of Care And Right To Use Work Product: Consultant represents that Consultant
will perform all Work identified in this Agreement in a professional manner in accordance
with the professional standard of care and applicable and laws. Compliance with
professional standards includes, as applicable, performing the Work in compliance with
applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road,
Bride and Municipal Construction). Professional engineers shall sign and stamp / certify
engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW
18.43.070.
Consultant represents and warrants that all final work product created for and delivered
to the City pursuant to this Agreement shall be the original work of the Consultant and
free from any intellectual property encumbrance which would restrict the City from using
the work product. Consultant grants to the City a non-exclusive, perpetual right and
license to use, reproduce, distribute, adapt, modify, and display all final work product
produced pursuant to this Agreement. The City's or other's adaptation, modification or
use of the final work products other than for the purposes of this Agreement shall be
without liability to the Consultant. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
'S
PAGE 3 OF 10
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City,shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
PAGE 4 OF 10
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration, improvement,etc.,of structure or improvement attached to real
estate...)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 and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://rentonwa.gov/business/default.aspx?id=548&mid=328.
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/content/doingbusiness/registermybusiness/
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of$1,000,000 per "claims
PAGE 50F10
made." "Professional Services", for the purpose of this section, shall mean any Work
provided by a licensed professional or Work that requires a professional standard of
care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation,within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
•
PAGE 6 OF 10
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Joseph Farah Joseph Callaghan, PWS
1055 South Grady Way 1101 Fawcett Avenue, Suite 200
Renton, WA 98057 Tacoma, WA 98402
Phone: (425) 430-7205 Phone: (253) 383-4940
jfarah@rentonwa.gov jcallaghan@geoengineers.com
Fax: (425) 430-7205 Fax: (253) 383-4923
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
PAGE 7 OF 10
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management.The City's project manager is Joseph Farah,
Surface Water Utility Engineer. In providing Work, Consultant shall coordinate with
the City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
PAGE 80F10
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant tothis Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
R=.x,
PAGE 9OF10
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers.All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
L
P
By: By:
Denis Law •sep• •g n, PWS
Mayor A -• ate -Charge
3 Ai Sr
Date Date
Attest
Jason A Seth / `,,`y` R�EN7.
City erk im.
_v
_ SEAL - *
Approved as to Legal Form yr
o_
��'✓���`pORATED g�\���`�
Shane Moloney
Renton City Attorney
Nonstandard contract CLB 2-22-18
PAGE 10 OF 10
Exhibit A
GEOENGINEERS
1101 South Fawcett Avenue,Suite 200
Tacoma,Washington 98402
253.383.4940
February 19, 2018
City of Renton
Public Works - Surface Water Utility
1055 South Grady Way - 5th Floor
Renton, Washington 98057
Attention:Joseph Farah, PE
Subject: Revised Proposal,Version 4
Post-Construction Mitigation Monitoring
Services Monitoring Years 2 through 7
Cedar River Maintenance Dredging Project
Renton,Washington
File No. 00693-073-04
INTRODUCTION
Thank you for requesting this proposal from GeoEngineers, Inc. (GeoEngineers) to support the City of
Renton (City) with post-construction monitoring and documentation, and landscaping corrective action
design, for the Cedar River Maintenance Dredging Project. We understand that the City is requesting
consulting services to complete biological components of the required mitigation monitoring for Years 2
through 7, following completion of the dredging, as required in the project Mitigation Plan and
environmental permits from the U.S.Army Corps of Engineers (USACE), Washington Department of Fish &
Wildlife (WDFW) and Washington State Department of Ecology. GeoEngineers previously completed
baseline assessments, mitigation planning, permitting support and post-construction as-built
documentation and the first year of monitoring for the project. We are,therefore,well-versed in the permit
requirements and mitigation commitments that have been made.We appreciate your continued trust in us
to provide ongoing biological support and look forward to continuing to work with you on this important
project.
SCOPE OF SERVICES
The purposes of our proposed services are to provide the required mitigation monitoring and corrective
actions associated with environmental commitments required by the USACE Standard Individual Permit
#NWS-2013-0804 dated May 20, 2016, which references the Mitigation Plan dated May 3, 2016 and the
WDFW Mitigation Agreement dated March 22, 2016. These permits require a formal monitoring program
for 10 years following completion of the dredging project. The scope of services presented below is based
on our understanding of the permit requirements as well as our discussions with you on June 23 and
City of Renton February 19,2018 Exhibit A Page 2
September 7, 2017, during which we addressed how GeoEngineers can best meet the City's objectives.
GeoEngineers is currently under contract with the City to provide the first year of monitoring (2017,
identified as Year 1).The following scope of services address continued monitoring during Years 2 through
7. Additional monitoring for Years 8 through 10, as required by the permits, could be provided to the City
with a contract amendment, if requested.
Task 1.Vegetation Monitoring
The USACE Clean Water Act permit obtained for the project requires formal vegetation monitoring during
post-construction Years 1, 2, 3, 5, 7 and 10. This task includes completion of required vegetation
monitoring associated with mitigation plantings installed by the City along the mainstem Cedar River
channel, Elliot Channel riparian area and Royal Hills Spawning Channel riparian area. Plantings installed
for the project,cover an estimated 85,500 square feet(2.0 acres)along the mainstem, 14,000 square feet
(0.3 acres)at the Elliot Channel, and 40,000 square feet (0.9 acres) at the Royal Hills Channel,for a total
of 139,500 square feet(3.2 acres).
Schedule
Vegetation monitoring will be completed in the fall during Years 2, 3, 5, and 7.
Scope
GeoEngineers will complete the following scope items during each vegetation monitoring year identified
above:
■ Conduct annual vegetation monitoring.
■ Document the following vegetation metrics as required according to the Performance Standards
identified in the Mitigation Plan:
• Survival of trees.
• Survival and/or cover of planted shrubs and live stakes, including live stakes planted in riprap
areas, brush layering area and vegetated walls.
Cover of the herbaceous stratum and grass areas.
• Survival and/or cover of previously planted areas associated with spawning side channels and
construction plantings at the inlet of Elliot Channel.
• Cover of invasive species.
■ Document general conditions of installed plants within monitoring plots and generally throughout the
planted areas.
■ Collect representative photographs at each monitoring plot/station for use in tracking conditions
throughout the monitoring period.
■ Document general condition of the soft bank bioengineering structures constructed for new bank
stabilization and where the gabion wall was removed.
■ . Inspect for trash/garbage/vandalism.
■ Inspect gates/signage.
a Evaluate data results in relation to performance standards established for the project.
GEOENGINEER5
He N.o.00693-0,3 04
City of Renton February 19,2018 Exhibit A Page 3
■ Develop recommendations for pre-emptive invasive species control, other maintenance actions or
corrective actions, if needed.
a Complete monitoring letter report addressing the mitigation plantings and performance standards
identified above and in the Mitigation Plan.
Deliverables
■ One Vegetation Monitoring Report for each required vegetation monitoring event per the schedule
above (total of four reports).
Task 2.Vegetation Maintenance Support
The USACE Clean Water Act requires post-construction monitoring and maintenance of the mitigation sites
for 10 years. Formal vegetation monitoring is required during post-construction Years 1, 2, 3, 5, 7 and 10
as described in Task 1. Task 2 includes auxiliary support to the City with vegetation maintenance to meet
the requirements of Task 1 and other permit requirements.This task will be completed annually to ensure
mitigation success and compliance with project permits, including the performance standards formally
documented as part of Task 1.
Schedule
Support for the vegetation maintenance obligations will be provided during Years 2 through 7.
Scope
GeoEngineers will complete the following scope items annually:
a Interim Monitoring and Documentation.Vegetation monitoring support will be provided multiple times
per year, each of the six years to document progress towards performance standards and seasonal
maintenance requirements.To complete this sub-task, GeoEngineers will:
• Complete a pre-maintenance walk-through with the City and/or City's landscape contractor early in
the growing season.The purpose of the walk-through will be to identify recommended maintenance
actions that should be completed during the upcoming growing season prior to the fall monitoring
event(if applicable).
• Provide recommendations regarding materials and methods for landscape maintenance, including
species substitutions if recommended.
■ Complete a second walk-through with the City and/or City's landscape contractor late in the growing
season to verify maintenance success, identify plant replacements needed, if any, and/or identify
additional maintenance actions recommended before the next growing season, if any.
• Complete a third(final)walk-through with the City and/or City's landscape contractor to verify plant
replacements.
• Document the results of each walk-through with a field report that can be appended to the
Vegetation Monitoring Reports (Task 1), if appropriate, and/or bid packets(see below).
a Corrective Action Plans, Specifications, and Estimate. Interim monitoring results will be used to
prepare drawings, bid item lists,specifications, and cost estimates to implement corrective actions.To
complete this subtask, GeoEngineers will:
• Prepare six "bid packets". Bid packets will be prepared annually during the course of this contract
(six packets, one each year during Years 2 through 7) and will include drawings, bid schedules,
GEOENGINEERSg
File No.00653-013-04
City of Renton February 19,2018 Exhibit A Page 4
specifications, and cost estimates. It is anticipated that the City will use the bid packets to either
solicit bids for the work or negotiate a change order with the prior year's contractor.Each bid packet
will consist of:
o Plan sheets (up to 10 plan view sheets and 2 details sheets) indicating the specific
vegetation corrective action(s) to be completed by the Contractor. Typical types of
corrective actions are expected to consist of replacing dead or other non-thriving plants,
removing noxious invasive species and competing weeds, and installing bark/mulch.
o Project technical specifications addressing the contractor's extent of work,quality metrics,
plant and material acceptance criteria, plant and material installation procedures,
post—construction documentation requirements, plant care and maintenance (including
operation of existing temporary irrigation systems), and warranty. Specifications will be
written using the 3-part Construction Specification Institute format.
o Bid schedule and an estimate of the construction cost for the work.
o Project appendix consisting of copies of the dredging project permits that are applicable to
the vegetation installation work.
• Support the City during annual bidding process or negotiating a change order with the contractor.
For each year of work,we anticipate attending one meeting with the City and providing up to 4 hours
of additional support answering questions from contractors.
• Complete up to 40 hours annually for field observation of the contractor's work and document the
site visits through 5 field reports and one punch list itemizing items to be corrected/completed.
• Complete up to 8 hours of field observation time and 16 hours office time annually preparing
documentation related to a maintenance or warranty issue.
Task Assumptions
Our scope and budget for this task are based on the following assumptions and exclusions:
■ Walk-throughs will be completed along the mainstem Cedar River and each spawning channel in a
single day.
■ The City will prepare the "front end" portions of the bid documents and specifications, including:
instructions to bidders, bid form, other forms, contract, general conditions, and Division 1
administrative specifications.The City will lead and complete bidding and change order negotiation and
preparation, and overall construction management (including correspondence with the contractor,
review of pay requests, and close-out). GeoEngineers can provide additional bidding, construction,
and/or maintenance/warranty support (such as due to unusual events, a challenging contractor, or
extensive/detailed issues) under a supplemental scope of services.
a Technical specifications and drawings will not address critical areas, permitting, stormwater
management, access and staging, work restrictions in airport or public parks, fencing, utilities,
structures, or irrigations systems(design, installation, repair).
Deliverables
a Field report following each walk-through, and one punch list per year.
a Six bid packets(one per year for 6 years)as described above.
a Documentation related to maintenance or warranty issue.
GEOENGINEERS..
F No.O0u93.073-04
City of Renton February 19,2018 Exh i bit A Page 5
Task 3.Spawning Channel Physical Parameters
The USACE Clean Water Act requires post-construction monitoring and maintenance of the mitigation sites
for 10 years. This task addresses required monitoring of physical parameters (substrate, flow depth and
velocity) within the spawning channels, as identified in the Mitigation Plan and WDFW Mitigation
Agreement.
Schedule
Monitoring physical parameters of the spawning channels will be completed annually during Years 2
through 7 as specified below.
Scope
GeoEngineers will complete the following scope items annually:
m Document general condition of the new culvert inlet, instream vegetation throughout the channel and
bank treatments(e.g., large woody debris [LWD])at the Elliot Channel.
■ Complete annual substrate monitoring between July 15th and August 31st of each year, in accordance
with methods established in the Mitigation Plan (WDFW Mitigation Agreement March 22, 2016).
• Complete monthly flow rate (velocity) and depth monitoring during October, November and December
(WDFW Mitigation Agreement dated March 22, 2016).
■ Evaluate data results in relation to performance standards established for the project.
■ Develop recommendations, if any, for maintenance or corrective actions related to substrate
conditions,flow depth and/or flow velocity.
• Complete a Monitoring Report addressing the Elliot Spawning Channel and Royal Hills Spawning
Channel physical parameters identified above.
Task Assumptions
Our scope and budget for this task are based on the following assumptions and exclusions:
• Monthly inspection of the spawning channel inlet structures is not included in our scope and should be
completed by others.
Deliverables
■ Annual Monitoring Reports
Task 4.Fish Surveys
The WDFW Mitigation Agreement dated March 22, 2016 requires monitoring of the Elliot and Royal Hills
Spawning channels until sockeye spawners in the lower river and the two spawning channels meet
15 percent of the total Cedar River sockeye run. WDFW requires the City to conduct live fish count surveys
in the spawning channels and allows for the City to provide representation in the mainstem monitoring that
is conducted by WDFW and the Muckleshoot Indian Tribe (MIT).This task has been prepared to satisfy the
live fish count requirements for the two spawning channels and additional monitoring in the mainstem in
collaboration with WDFW and/or MIT.
GEOENGINEER5
File No.00693-0/3 04
City of Renton February 19,2018 Exhibit A Page 6
Schedule
Fish surveys will be completed annually during Years 2 through 7.
Scope
To complete this task, GeoEngineers will:
a Complete weekly live fish counts and redd surveys for Elliot Channel during the spawning season,which
is estimated to last from September 15th through December 31st of each year (WDFW Mitigation
Agreement March 22, 2016).
a Complete weekly live fish counts and redd surveys for Royal Hills Channel during the spawning season,
which is estimated to last from September 15th through December 31St of each year(WDFW Mitigation
Agreement March 22, 2016).
a Coordinate with WDFW and/or the MIT to participate in up to six fish surveys on the lower mainstem.
a Complete an Annual Monitoring Report addressing the fish surveys in the Elliot Spawning Channel,
Royal Hills Spawning Channel and Mainstem.
Task Assumptions
Our scope and budget for this task are based on the following assumptions and exclusions:
a For budgeting purposes, we have assumed it will require 15 site visits to complete live fish surveys
weekly during the spawning season in the Royal Hills and Elliot Spawning Channels.
a For budgeting purposes, we have assumed it will require six site visits to complete live fish count
surveys in the mainstem.
■ WDFW and MIT will provide access to survey methodology and data collected.
Deliverables
■ Annual Monitoring Reports
Task 5.Monitoring Summary and Agency Coordination
This task includes preparation of Monitoring Summary Reports to be submitted to regulatory agencies in
fulfillment of mitigation monitoring requirements. The Summary Reports will summarize monitoring
requirements and documentation completed in fulfillment of those requirements. We will append to this
report specific documentation prepared by GeoEngineers (biological/mitigation elements) and others,
which may include, but are not limited to: scour study; lighting implementation; and other inspections.
Schedule
Monitoring Summary Reports will be completed annually during Years 2 through 7.
GEOENGINEERS.
E/ No.00693-0/3-04
City of Renton February 19,2018 Exhibit A Page 7
Scope Items
To complete this task, GeoEngineers will:
• Compile documentation provided by GeoEngineers, in fulfillment of Tasks 1 through 4 above, as well
as documentation provided by others, as required for the project and not included in GeoEngineers'
scope.
• Complete a Monitoring Summary Report for submission to regulatory agencies and append specific
documentation to the report as identified above.
s Submit the report to regulatory agencies, if requested, and complete follow-up communication and
coordination with the City and/or regulatory agencies to address questions regarding the
documentation submitted.
Task Assumptions
Our scope and budget for this task are based on the following assumptions and exclusions:
• Completion of this task is dependent on receipt of information provided by others in fulfillment of
monitoring requirements for the project.
Deliverables
■ Annual Monitoring Summary Reports
Task 6.Miscellaneous Permit Support
This task includes miscellaneous permit support that may be required of the project not included or
identified in other tasks above.The purpose of this task is to be able to provide maintenance and permitting
assistance on an as-needed basis in an adaptive manner, which may depend on the results of other
monitoring activities and cannot be specifically predicted at this time.
Schedule
This task will be completed throughout the period of this contract, as requested.
Scope
Maintenance and permitting assistance tasks may include, but are not necessarily limited to:
■ Addressing substrate deficiencies identified as a result of Task 3 (Spawning Channel Physical
Parameters).
• Providing additional agency coordination above and beyond the level anticipated as part of Task 5
(Monitoring Summary and Agency Coordination).
• Preparing permit application materials and/or drawing plans that may be needed to implement
contingency measures if performance standards are not achieved. For example, some contingency
measures may not be covered under the existing permit authorizations and may, therefore, require
submittal of independent Joint Aquatic Resource Permit Applications (JARPAs) to regulatory agencies.
Drawing plans may be required to convey information to contractors that are retained to implement
contingency measures.
GEOENGINEERS
File No.30693-073-04
City of Renton February 19,2018 Exhibit A Page 8
Task Assumptions
Our scope and budget for this task are based on the following assumptions and exclusions:
■ Budget for this task is established based on an estimate of up to 40 hours of technical staff time plus
limited additional administrative support time on an annual basis.
Deliverables
To be determined as requested by the City.
General Assumptions
Our scope and budget for all tasks identified above (Tasks 1 through 6) and associated budget are based
on the following general assumptions and exclusions that apply broadly to our services:
■ City will coordinate and provide site access as well as an escort for activities in restricted areas.
■ All services described in this scope are covered under existing environmental permits for the project. If
any agency deems a corrective action to be not covered by the existing permits, additional permitting
may be needed. Additional permitting can be completed as part of Task 5 within the limits of budget
established herein, or otherwise be subject to a contract amendment.
■ Ongoing monitoring associated with the scour study and lighting study/implementation plan are not
included in our scope and will need to be provided by others.
■ Completion of routine maintenance actions, invasive species control, removal of trash/debris, other
repairs,and/or contingency or adaptive management actions are not included in our scope at this time.
■ A Professional Land Survey (PLS) may be needed to survey and document work completed during
maintenance and/or contingency measures. PLS is not included in GeoEngineers scope.
FEE ESTIMATE,SCHEDULE AND CONTRACT TERMS
Fee Estimate
The fee for our services will be determined using the rates contained in our standard Schedule of Charges,
which is attached as part of this proposal. Our budget estimate includes an annual inflation of 3 percent to
cover anticipated increases in costs through time as may be reflected in annual updates to the Schedule
of Charges. The total estimated fee for the work described above and a per-task breakdown are included
in Exhibit B.
Schedule
The general schedule specific to each task is identified in the task descriptions above.An overall schedule
for this contract is provided in Exhibit C.An example breakdown of task schedules within a single given year
is provided in Exhibit D.
GEOENGINEERS
Fire No.U)i93-073-Q4
City of Renton February 19,2018 Exhibit A Page 9
Contract Terms
The services described in this proposal will be completed and payment made according to the terms and
conditions of the Professional Services Agreement established between the City of Renton and
GeoEngineers, Inc.
CLOSURE
We appreciate the opportunity to present this proposal to provide post-construction mitigation services on
this project. Please contact us if you have any questions concerning this proposal.
Sincerely,
GeoEngineers, Inc.
...:. �. 4111"
David B. Conlin, PWS J•„�;,0 allaghan, PWS
Biologist/Project Manager A oc .-- Biologist
DBC:10C:cje:cam
Attachments:
Schedule of Charges—Redmond/Seattle/Tacoma 2018
Exhibit B.Budget
Exhibit C.Overall Schedule
Exhibit D.Annual Schedule
One copy submitted
Proprietary Notice:The contents of this document are proprietary to GeoEngineers,Inc.and are intended solely for use by our clients and their design teams
to evaluate GeoEngineers'capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project.
Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers.
Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table and/or figure),if provided and any attachments are only
a copy of the original document.The original document is stored by GeoEngineers,Inc.and will serve as the official document of record.
Copyright©2018 by GeoEngineers,Inc.All rights reserved.
GEOENGINEERS
Fife No.00693 073-04
Schedule of Charges - 2018
COMPENSATION
Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump
sum amount is so indicated in the proposal or services agreement.Current rates are:
Professional Staff
Staff 1 Scientist/Analyst $ 98/hour
Staff 1 Engineer $ 102/hour
Staff 2 Scientist/Analyst $ 110/hour
Staff 2 Engineer $ 114/hour
Staff 3 Scientist/Analyst $ 128/hour
Staff 3 Engineer $ 133/hour
Engineer/Scientist/Analyst 1 $ 150/hour
Engineer/Scientist/Analyst 2 $ 155/hour
Senior Engineer/Scientist/Analyst 1 $ 161/hour
Senior Engineer/Scientist/Analyst 2 $ 175/hour
Associate $ 194/hour
Principal $ 211/hour
Technical Support Staff
Administrator 1 $ 67/hour
Administrator 2 $ 79/hour
CAD Technician $ 79/hour
CAD Designer $ 90/hour
Technician $ 71/hour
Senior Technician $ 81/hour
Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in
depositions,trial preparation and court or hearing testimony will be billed at one and one-half times the above rates.Time spent
in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing
schedule. Rates for data storage and web-based access will be provided on a project-specific basis.
Scheduie_Puget Sound Special(Bellingham)-2018 G EO E NG I N EERS„0
Puget Sound Special Schedule of Charges(Bellingham) 2018 Page 2 of 2
Equipment
Air Quality Equipment,per day $ 158.00
Air Sparging Field Test,per day $ 525.00
Construction Monitoring Equipment $ 26.00
Continuous Recording Data Logger,per day $ 315.00
Environmental Exploration Equipment,per day $ 158.00
Field Data Acquisition Equipment,per day $ 50.00
Field water quality testing equipment,per day(1 day min.) $ 84.00
Gas Detection and Oxygen Meters,per day(1 day min.) $ 105.00
Generator,per day(1 day min.) $ 105.00
Geotechnical Exploration Equipment,per day $ 131.00
Groundwater Development and Sampling Pumps,per day(1 day min) $ 105.00
Groundwater Monitoring Equipment,per day $ 231.00
Nuclear Density Gauge,per hour(4 hour daily min.) $ 11.00
pH Meter,per day $ 16.00
Single Channel Data Logger,per logger,per day(1 day min.) $ 105.00
Slope Indicator,per day(1 day min.) $ 210.00
Survey equipment,Porter sampling gear and Dynamic cone sounding equipment,per day $ 37.00
Vapor Extraction Field Test,per day $ 525.00
Vehicle usage,per mile,or$50/day,whichever is greater $ .65
Vehicle-4-wheel drive truck,per day(1 day min.) $ 84.00
Water Disposal Equipment,per use,per day $ 53.00
Water Quality Equipment,per day $ 131.00
Specialized and miscellaneous field equipment, at current rates, list available upon request.
OTHER SERVICES,SUPPLIES AND SPECIAL TAXES
Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual
items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping
charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling
equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local
jurisdictions for projects in specific geographic areas will be charged to projects at direct cost.
Per diem may be charged in lieu of subsistence and lodging.
Routinely used field supplies stocked in-house by GeoEngineers,at current rates, list available upon request.
In-house testing for geotechnical soil characteristics at current rates, list available upon request.
Associated Project Costs(APC)
Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS
will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs(APC).
All rates are subject to change upon notification.
GEOENGINEERS
:w
. wN 7' Z -I -I -I -I -I -I -I -I
-1 -fy,i T W 0 O vai vai vai elel 2
Jr a 0 m 0s to w n 1
rt to fD fD
• S m 3 n 0 7- a to to
rt C
al
m c .a. .a-t fD rt N G rt ,I.
W 3. m 57 o Z 7 a a
o > 7 (D to 0 0
• 0 > to 7 7
n) c o m C C V1 a a o
3It w
• .° N 7 7
VI vi 1- w P7+ (D N 0
c .n -, 'V 3
-o f > > '•r a
C
S 7
o "m - w VI Xi N n to
:. .< CD n, c rD co
- -0 -0 a v)m "0 c a 'O c
-. W N .wr -i r+ 77
3 m a O. '* Q1 EL' 13
'D, S. > > D a 0
a 1° C ,"�, ^'
3
✓ c a m 0 .Or 0
7
0.< .P m `^G v ~i fD h
a a a fl fl
> > a N 0 0
13, a 0
in
• o• aH.
ID' a 7. Cl fl
7 fD pi '+ C
w '*
0 > 0 0 a
p in N
t
o 'a*. K X
rt O a n
K frtD W
O,
-. 0' 44 Vi NJ V1 NJ _ a 0 (1 m 02a Cr, ...42V T Co -, W N 7 co -' fD 9 c
il
7 UD
c O, W .A NJ O` NJ '0 v fD
VI f1 rt
-o lD tC
'<
3 00 Ui .O j W co W to -s
ri to co V w V V 0
4. NJ NJ V NJ 0 I.P.) 'O N
a Cl
as Or N ,i,
S• w 44 44 . w . O' N N
�O so 00 '0 O N N. � .+
'� V7 00 N N j Q 4 b T
IT, w O' -, ? � 0 O
CO .0 O' IA) 0 0 c
< la
N S
-CO -, 44 -VD V► V► 44 pJ .1
Q` -, 4:4 Ul U7 . N 0 o .0 O 00 O - U.l Ui I
.'•. Ui -, . 0' - U) 00 (r.
00 cr. O' -4 -, Os Os
V U1 NJ V Os W W
4,4
. -, 4# til w -4 C N
CO O 00 N NJ . P4 ,q
O A V O os N. O'.
W V --, W Ul OT
Os 0 O' T O W
V -, 44 U1 tN . NJ Q fP
;o 0 0o w W O' V '. al
'0 V s0 V 0 0 -rz. W V
Co V 0 - 0 w
Ui .o. 00 O -. W 'O
'▪O AM- 44 N N 0
Os Os Ul 'O 00 Os 0 It
cop O so . CO e!
CO - O -0. - '41. VJ
CN W
-4 .A 0 W . '0
J \ Ps e w N) -
K K CD \
] ` 0 ,- p up u „
E ) E K m m :
\ AT k C k k :
; � in 4 = k
0 LA
( c c / K K
3 m ] ] [
7 } � f _.m
Z — q 0- lu m
/ c 0 R t ^ -0
7 > F. \ 0
> c -
0 La
\ M 0 3
C < 3 _
ƒ 0 m
0 \ . /
} E ® q 0-
M { _. ■ m
4, < x
\ . c m 2
9' K co
\ } p
q ) 0
0v C - , e
? \ Q cri
x x x a § gfs ]m _ O q: 2mCD,
ioi cn x x 3 x 2 2
2 . -
0
al 76
c -< §
©■
x ¥ rin ] x %< NI
CD 0 , g
c
C =
x x = ] x� �2 °
" tit
X x P 3 x 2\-,
m ,
� 7^
x x § x :S\
�
..4.
i g i it i t °
o
11 i
a ' I 11111111110.
-e 1111
'I
,i I I iiiiiiillinglimm I 1 r,'
E : 1 i 1
1111111
IIIIIIIIIIIIIIIIIIIUIEillimilliptimong
11�II
IIIYI■II