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HomeMy WebLinkAboutSWP2702817_5From: "Covey" <covey@earthcorps.org> To: "Steve Lee" <Slee@ci.renton.wa.us> Date: 06/01/2006 1:25:07 PM Subject: RE: Both sites ... for summer Hi Steve, WARNING: This is going to be a long one! So, I wanted to fill you in on the recent details for both sites. Myself and two of my co-workers who are herbicide certified met with Paul on Tuesday. We visited both sites and discussed what each site needs in terms of maintenance and future work. Here is what we came up with: MOUTH OF THE CEDAR RIVER - Plants are generally looking very good considering the conditions - LOTS of weeds and grasses present. Much of the site could benefit from more mulch, especially the flat area adjacent to the bridge and around smaller plants. - Two very small patches of knotweed could be hit with herbicide. - This site has a lot of potential! It would greatly benefit from more attention and money given towards maintenance and supplemental plantings in the future. ELLIOT SPAWNING CHANNEL - Plants are also looking great considering all the flooding! - LOTS of knotweed! We could spend many days applying herbicide to the knotweed. It's everywhere. Of course there is plenty more we could do at Elliot, but at this point, the knotweed is a big priority I assume. So, I also calculated all the money we have spent so far, and the total comes to: $12,559.94. The total projected on the Scope of Work was $18,152.41, which leaves $5,592.47. If we were to do 4 days of knotweed injection including PM time (herbicide application requires a PM to be on -site all the time), the total would come to $6,190.28. We would go over the scope of work total by $600. If this is a problem, we will not charge for all the PM time. Therefore, we would not have any money left over to add more crew time this year. Any thoughts? I also had a few questions for you: 1. Do you know if you need any permits to do herbicide injection at either site? 2. Do you have a map for Elliot outlining the boundaries for the City of Renton and King County? Some questions came up regarding where we would be allowed to work. Can we remove knotweed on King County property? I have a few more things I'd like to talk to you about in terms of scheduling, but I don't want this email to be any longer! I'll start with this info first and we'll go from there! Thanks for reading all of this --Covey Kristin Covey EarthCorps Project Manager 6310 NE 74th St., Suite 201 E Seattle, WA 98115 Cell: (206)255-8699 Office: (206)322-9296 x211 -----Original Message ----- From: Steve Lee [maiIto: Slee@ci.renton.wa.us] Sent: Wednesday, May 31, 2006 9:29 AM To: Covey Subject: RE: Both sites ... for summer Hi Covey, Hope you have been having a nice spring. I know the pollen has been having fun with me. I know that we have about 4 days remaining on the prepaid items from the December payment, but if you want to use the remaining parts of the budget for last year up ... we can do that also. I know injections will take some time. Also, please coordinate with Mr. Paul Conrecode on when you will be heading out to the site? He will have some suggestions from his vegetation monitoring he does for us. His email address is : pconrecode@golder.com Thanks,! -Steve >>> "Covey" <covey@earthcorps.org> 04/26/06 2:36 PM >>> Hi Steve, Thanks for your email, and yes, I am definitely enjoying the spring! I love spring in Seattle. I bet you have been biking a lot lately. It's been great weather! In regards to the City License, I will pass this info on to our Finance Director. Since we will most likely be working at both the Elliot Channel and the mouth of the Cedar, do we need to pay $110? It says we need a license for each project location. As the last 4 days of work left in this contract, we talked about doing knotweed injection at both sites this summer. The four days will probably be scheduled in July. You had mentioned planting, but I was not aware of any planting to be done this fall. Hopefully we are on the same page! We'll be in touch! --Covey Kristin Covey EarthCorps Project Manager 6310 NE 74th St., Suite 201 E Seattle, WA 98115 Cell: (206)255-8699 Office: (206)322-9296 x211 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, April 26, 2006 11:59 AM To: Covey Subject: City of Renton Business License Hi Covey, Hope your spring is going well and you guys are ready for the invasive season to begin! Also when you do the work out at Elliot and on the Cedar River, could you give Paul Conrecode - Golder Associates a call? He would like to coordinate how and when you are scheduled to be out there doing channel, river, and planting maintenance. It's part of our O&M plan for the Cedar River. So please call him to schedule your planting activities. His contact # is 425-883-0777. Right now he is out on the Cedar doing fry counts at night. :) Speaking of invasives... I am still trying to get the timing addendum contract through to the City Clerk, but they noticed something that has slipped through each year on the contract. Anyway, Earthcorps is required to obtain a City License to do work in the City. It is a minimal fee, but you need one in order to work on City projects. I have attached the application form for you or your supervisor to fill out. It is attached in this email. If you have any questions, please feel free to contact me. -Steven Lee City of Renton CC: <pconrecode@golder.com> I PLANNINGBUILDING/ 'Y a• y= ♦ PUBLIC WORKS DEPARTMENT lz� lv&% M E M O R A N D U M DATE: May 31, 2006 TO: Mike Webby, HR & Risk Management Administrator FROM: Steve Lee, Surface Water Engineer (ext. 7205) - SUBJECT: Insurance Certificate from Earthcorps for Addendum A on the 2005-2006 Elliot Spawning Channel Vegetation Control and ACOE 205 Project Enclosed for Risk Management review and approval is Earthcorp's Certificate of Insurance to work on the Elliot Spawning Channel and Lower Cedar River — ACOE 205 Project. Thank you for your time to review this contract. Please let me know if additional information is needed. Enclosure HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2005\InsCertMemo053106.doc\SLtp NON PROFIT INSURANCE PROGRAM CERTIFICATE OF INSURANCE ISSUE DATE 6/1/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER COMPANIES AFFORDING COVERAGE Public Risk Underwriters GENERAL LIABILITY�C�,' M 1.. 18106 140th AVENUE N.E. ACE AMERICAN INSURANCE COMPA v • WOODINVILLE, WASHINGTON 98072-6874 AUTOMOBILE LIABILITY L_ C MAY 2 5 PHONE (425) 482-6767 FAX (425) 482-2777 ACE AMERICAN INSURANCE COMPANY INSURED PROPERTY CITY OF RENT LJTILrfy SYSTEJ is EARTHCORPS NON-PROFIT DIRECTORS, OFFICERS AND A MEMBER OF NON PROFIT INSURANCE PROGRAM EMPLOYEES LIABILITY / CRRAE 6310 NE 74TH STREET, SUITE 201 E ZURICH AMERICAN INSURANCE COMPANY SEATTLE, WA 98115 COVERAGES 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 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY XSL G22904425 6/1/2006 6/1/2007 ANNUAL AGGREGATE $5,000,000 OCCURENCE FORM EACH OCCURRENCE $5,000,000 INCLUDES STOP GAP AUTOMOBILE LIABILITY ANY AUTO XSA H08019794 6/1/2006 6/1/2007 COMBINED SINGLE LIMIT $5,000,000 UM-UIM OCCURRENCE $5,000,000 PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY / CRIME FID 5435644 02 6/1/2006 6/1/2007 EMPLOYEE DISHONESTY PER LOSS $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS CITY OF RENTON IS ADDITIONAL INSRED AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. HIRED AUTO PHYSICAL DAMAGE IS INCLUDED. ENDORSEMENT ATTACHED. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. ERTIFICATE HOLDER TTN: STEVE LEE CITY OF RENTON - RENTON CITY HALL 1055 S. GRADY WAY, 5TH FLOOR RENTON, WA 98055 THORIZED REPRESENTATIVE IIm *Coverage is subject to $25,000 program self insured retention. Claims paid within SIR are funded by Non Profit Insurance Program POLICY NUMBER: XSL G22904425 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) ATTN: STEVE LEE CITY OF RENTON — RENTON CITY HALL 1055 S. GRADY WAY, 5TH FLOOR RENTON, WA 98055 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 NONPROFIT INSURANCE PROGRAM: CERTIFICATE OF INSURANCE REVISED ISSUE DATE 5/18/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Public Risk Underwriters 18106 140th AVENUE N.E. WOODINVILLE, WASHINGTON 98072-6874 PHONE (425) 482-6767 FAX (425) 482-2777 INSURED EARTHCORPS A MEMBER OF NON PROFIT INSURANCE PROGRAM 6310 NE 74TH STREET, SUITE 201E SEATTLE, WA 98115 MPANIES AFFORDING COVERAGE GENERAL LIABILITY ACE AMERICAN INSURANCE COMPANY AUTOMOBILE LIABILITY ACE AMERICAN INSURANCE COMPANY PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY / CRIME ZURICH AMERICAN INSURANCE COMPANY COVERAGES 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 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICYEXPIRATION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY XSL G22903421 5/12/2006 6/1/2006 ANNUAL AGGREGATE $2,000,000 OCCURENCE FORM EACH OCCURRENCE $2,000,000 INCLUDES STOP GAP XCP G22911235 ANNUAL AGGREGATE $3,000,000 EACH OCCURRENCE $3,000,000 AUTOMOBILE LIABILITY ANY AUTO XSA H08019159 5/12/2006 6/1/2006 COMBINED SINGLE LIMIT $5,000,000 PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY / CRIME FID 5435644 01 5/12/2006 6/1/2006 EMPLOYEE DISHONESTY PER LOSS $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS CITY OF RENTON IS ADDITIONAL INSRED AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. HIRED AUTO PHYSICAL DAMAGE IS INCLUDED. ENDORSEMENT ATTACHED. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. (CERTIFICATE HOLDER ATTN: STEVE LEE CITY OF RENTON - RENTON CITY HALL 1055 S. GRADY WAY, 5TH FLOOR RENTON, WA 98055 AUTHORIZED REPRESENTATIVE *Coverage is subject to $25,000 program self insured retention. Claims paid within SIR are funded by Non Profit Insurance Program POLICY NUMBER: XSL G22903421 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATION(S) ATTN: STEVE LEE CITY OF RENTON — RENTON CITY HALL 1055 S. GRADY WAY, 5TH FLOOR RENTON, WA 98055 Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organk zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 NON PROFIT INSURANCE PROGRAM CERTIFICATE OF INSURANCE ISSUE DATE 5/18/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER COMPANIES AFFORDING COVERAGE ED Public Risk Underwriters GENERAL LIABILITY 18106 140th AVENUE N.E. ACE AMERICAN INSURANCE COMPANY MAY OC6 WOODINVILLE, WASHINGTON 98072-6874 AUTOMOBILE LIABILITY CITY OF RE TON PHONE (425) 482-6767 FAX (425) 482-2777 ACE AMERICAN INSURANCE COMPANY UTILITY Sy S EMS URED �THCORPS A MEMBER OF NON PROFIT INSURANCE PROGRAM 6310 NE 74TH STREET, SUITE 201 E SEATTLE, WA 98115 PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY / CRIME ZURICH AMERICAN INSURANCE COMPANY COVERAGES 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 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY XSL G22903421 5/12/2006 6/1/2006 ANNUAL AGGREGATE $2,000,000 OCCURENCE FORM EACH OCCURRENCE $2,000,000 INCLUDES STOP GAP XCP G22911235 ANNUAL AGGREGATE $3,000,000 EACH OCCURRENCE $3,000,000 AUTOMOBILE LIABILITY ANY AUTO XSA H08019150 5/12/2006 6/1/2006 COMBINED SINGLE LIMIT $5,000,000 PROPERTY NON-PROFIT DIRECTORS, OFFICERS AND EMPLOYEES LIABILITY ! CRIME FID 5435644 01 5/12/2006 6/1/2006 EMPLOYEE DISHONESTY PER LOSS $250,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES / SPECIAL ITEMS CITY OF RENTON IS ADDITIONAL INSRED AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. ENDORSEMENT ATTACHED, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE ATTN STEVE LEE CITY OF RENTON - RENTON CITY HALL 1055 S. GRADY WAY, 5TH FLOOR / RENTON, WA 98055 `Coverage is subject to $25,000 program self insured retention. Claims paid within SIR are funded by Non Profit Insurance Program POLICY NUMBER: XSL G22903421 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATION(S) ATTN: STEVE LEE CITY OF RENTON RENTON CITY HALL 1055 S. GRADY WAY, 5TH FLOOR RENTON, WA 98055 Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 n CITY OF RENTON Kathy Keolker, Mayor February 14, 2006 Kristin Covey, Project Manager EarthCorps 6310 NE 74th Street, Suite 201E Seattle, WA 98115 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: Lower Cedar River Left Bank / Elliot Spawning Channel Maintenance Contract - Extension to End of 2006 for City of Renton CAG-05-027 Dear Ms. Covey: The City of Renton is providing a contract extension, to the end of 2006, for the above -referenced project originally scheduled for completion by the end of 2005. This extension letter provides confirmation that all original agreement terms made within the original contract will be enforced including contract scope, deliverables, fees and overhead costs. Please provide me with a copy of your current Certificate of Liability Insurance form for the above project. If you have any questions, please contact Steve Lee, Surface Water Utility Engineer, at 425-430-7205 or Ron Straka, Surface Water Utility Supervisor, at 425-430-7248. Sincerely, Z_ Steve Lee, P.E. Surface Water Utility Engineer cc: Bonnie Walton, City Clerk Ron Straka, P.E., Surface Water Engineering Supervisor H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2 OR - FarthCnmc )005\CnntractFX1en,4nn?OO6 dnc\C1 to R E N T O N 1055 South Grady Way - Renton, Washington 98055 AHEAD OF THE CURVE This paper contains 50%recycled material, 30% post consumer Y CITY OF RENTON rIU Kathy Keolker, Mayor February 14, 2006 Kristin Covey, Project Manager EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: Lower Cedar River Left Bank / Elliot Spawning Channel Maintenance Contract - Extension to End of 2006 for City of Renton CAG-05-197 Dear Ms. Covey: The City of Renton is providing a contract extension, to the end of 2006, for the above -referenced project originally scheduled for completion by the end of 2005. This extension letter provides confirmation that all original agreement terms made within the original contract will be enforced including contract scope, deliverables, fees and overhead costs. Please provide me with a copy of your current Certificate of Liability Insurance form for the above project. If you have any questions, please contact Steve Lee, Surface Water Utility Engineer, at 425-430-7205 or Ron Straka, Surface Water Utility Supervisor, at 425-430-7248. Sincerely, Steve Lee, P.E. Surface Water Utili , Engineer cc: Bonnie Walton, City Clerk Ron Straka, P.E., Surface Water Engineering Supervisor HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar. River Section 205 �Project\02.0 - Aereements\2.08 - EarthCoros 2005\ContractExtension2006.doc\SLti) R E N T O N 1055 South Grady Way - Renton, Washington 98055 AHEAD OF THE CURVE This papercontains 50 %recycled material, 30 %post consumer ;;R CITY OF RENTON PlanningBuilding/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E., Administrator November 29, 2005 Kristin Covey, Project Manager EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 SUBJECT: LOWER CEDAR RIVER LEFT BANK/ELLIOT SPAWNING CHANNEL MAINTENANCE CONTRACT, 2005 Dear Ms. Covey: Enclosed please find one executed original of the above -referenced contract for your files. If you have any questions or require additional information, please call me at (425) 430-7205. Sincerely, Steven Lee, P.E. Surface Water Utility Enclosure: contract H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Aereements\2.08 - EarthComs 2005\ContractLetter2005 11-29-0S.doc\STLID R E N T O N 1055 South Grady Way - Renton, Washington 98055 This paper contains 50 %recycled material, 30 % postconsumer AHEAD OF THE CURVE R v DATE: November 28, 2005 TO: Steve Lee, Civil Engineer/Utilities FROM: uu Debbie Evans, Records Management Specialist/City Clerk Div. SUBJECT: CAG-05-197, EarthCorps The attached original document has been fully executed and is being returned to you. Please transmit an original to the consultant and retain a copy for your file. The City Clerk has retained an original of the document. Thank you. Attachment November 29, 2005 Kristin Covey, Project Manager EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 Post -it® Fax Note 7671 Date t t L5 as pages r To K Q.c5T1 A.� �p ve From lam_ Co./Dept. �;n1 �t Co. Phone # , -3Z2.�925Lx211 Phone # z5''1450- 7;xoS Fax # 2—`ilFax # k zS 4 ?j0-ia Fi SUBJECT: LOWER CEDAR RIVER LEFT BANK/ELLIOT SPAWNING CHANNEL MAINTENANCE CONTRACT, 2005 Dear Covey: Enclosed please find one executed original of the above -referenced contract for your files. If you have any questions or require additional information, please call me at (425) 430-7205. Sincerely, Steven Lee, P.E. Surface Water Utility Enclosure: contract tom" `sTt0 WVC�3) I0-^_ .also C", H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2005\COntractLetter2005-11-29-05.doc\STL\tb ADMINISTRATIVE, JUDICIAL, AND 28 LEGAL SERVICES DEPARTMENTY OF RENTON ♦ ♦ UTILITv SYS-1 i.%JS M E M O R A N D U M DATE: November 28, 2005 TO: Steve Lee, Civil Engineer/Utilities FROM: Debbie Evans, Records Management Specialist/City Clerk Div. SUBJECT: CAG-05-197, EarthCorps The attached original document has been fully executed and is being returned to you. Please transmit an original to the consultant and retain a copy for your file. The City Clerk has retained an original of the document. Thank you. Attachment CAG-05— 97, ENGINEERING NOV 16 2005 ANNUAL CONSULTANT AGREEMENT CITY Or RENTON q 'Id t1TIL11-Y SYSTjS THIS AGREEMENT, made and entered into on this , day of 2J,,2fJ. , 2005, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank/Elliot Spawning Channel Plant Maintenance 2005 WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VHI of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5, 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMainten anceConrractldoc VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit A, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit A. Payment for this work shall not exceed $18,152.41 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit A and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit A are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit A, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. CADocuments and Settings\covey\Local Settings\Temporary lntemet Files\2005EarthCorpMaintenanceContract2.doc Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. CADocuments and Settings\covey\Local Settings\Temporary Intemet Files\2005EarthCorpMaintenanceContract2.doc In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor CADocurnents and Settings\covey\L.ocal Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. CADocuments and Settings\mey\Local Settings\Temporary Internet Files\2005EarthCoipMaintenanceContract2.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. E — . = /b S;i4ture ate C� type or print name —E5�� k�v Title CITY OF RENTON A a5 Gregg Zi e an, 'Xcfminis !tor IYate ATTEST: CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc 10 EXHIBIT A CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc EarthCorpsEXHIBIT"A" CAG-05-197 LOCAL RESTORATION• GLOBAL LEADERSHIP Scope of Work for: Steve Lee From: Kristin Covey City of Renton (Project Manager) Renton City Hall - 5th Floor EarthCorps 1055 South Grady Way 6310 NE 74th St Suite 201E Renton, WA 98055 Seattle, WA 98115 Phone: (206) 322-9296 x211 Date: October 20, 2005 Fax: (206) 322-9312 Name of Project: 2005 Elliot Channel & Cedar River Maintenace and Planting Project(s) Contract # Narrative Scope of Work (Description of Services): Conducting maintenance and small planting on three sites within the Cedar River Watershed: 1) May Creek Site, 2) Elliot Spawning Channel, 3) Mouth of the Cedar River. Tasks for each site are: 1) planting of 12 trees, 2) removal of non-native species from around previous plantings, 3) removal of blackberry and scot's broom within previous planting area along west bank. Work will commence before November 30th, 2005 and end before January 30th, 2006. Project Materials Crew Days Crew Day Rate Manager Rate I Cost I Subtotals Task 1- May Creek iite Days in field 0.25 $ 950.00 $ 237.50 Hours on -site project management 2 $ 40.00 $ 80.00 Plants picked up by EC $ 78.00 $ 78.00 -6,$ �u.. W." 395.50 w -.r ..... ..w a.'ACi1Y.>J:i'.w'.u`sir'..'M.� Task 2 - Elliot Spawning Channel Days in field 7.75 $ 950.00 $ 7,362.50 Hours on -site project management 20 $ 40.00 $ 800.00 $ f _ $ 8,162 50 Task 3 -Mouth of the Cedar River Days in field 6 $ 950.00 $ 5,700.00 Hours on site project management 161 40.00 $ 640.00 $ $ 6,340.00 TOTAL of Subtotals $ 14,898.00 Planning & Project Admin (12% of Total Labor) $ 1,778.40 Materials Handling Fee (10% of Total Materials) $ 7.80 TOTAL FEE $ 16,684.20 Sales Tax (8.8%) $ 1,468.21 TOTAL PAYABLE $ 18,152.41 Fee Schedule Labor Crew Day (6 persons/van/equipment) $950.00 Project Manager/hour $40.00 Field Trucks (dump/other) $40-75/day Payment: invoiced monthly until completion, 30 day payment requested SOW for 2005-2006 maintenance -planting 10/20/2005 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CADocuments and Settings\coN eyTocal Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc 12 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: N4ayor fittest: City Cler} RENTON CITY COUNCIL: Council President CADocuments and Settings\co\ey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) It is EarthCorps policy to offer equal ( Name of contractor/subcon tractor/con suItan t/suppIier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. H. EarthCorps complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Na e and Title 4enepre�Lc�_4e�srigp_n_altre'— Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. CADocuments and Settings\covey\Local Settings\Temporary Internet Files\2005EarthCorpMaintenanceContract2.doc 14 1 Y CITY OF RENTON 1055 S. GRADY WAY RENTON, WA 98055 VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Req. No.: Terms: net term Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Req. Del. Date: Contact: PHELAN, TERESA Pre -Assigned PO#?: NO Special Inst: Quantity I Unit Description Unit Price Ext. Price CAG-04-093, Cedar River Plant Maint. 15,079.75 l(c 4 1 16d rS) I 1 SUBTOTAL 15 079.75 TAX 0.00 FREIGHT 0.00 TOTAL 15,079.75 Account Number JAM ;Work Order Function Number Amount,,,, E 421.000600.018.5960.0038.65.065095 5185/5354 1 15,079.75 Authorized Signature Authorized Signature EarthCorps 6310 NE 74th St, Suite 201E Seattle, WA 98115 RECEIVEYy DEC 2 0 2004 CITY OF RENTON UTILITY SYSTEMS Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, STH FL RENTON WA 98055 P.O. No. Description Qty Lower Cedar River and Elliot Channel Dec 8 crew day Sales Tax C.P'_�TF R 116, LAMS OF 1965 C° r C* ENTON CERTIFICATION rH Ji-ICERSibi4E1) DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS 12-SCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND. tGAINST THE CITY OF RENTON, AND ZED TO AU HENTiCAT N TQ .U'l A. . RECEi DEC 2'2 1 invoice Date Invoice # 12/16/2004 1024 Terms Net 30 Rate 1,100.75 8.80% Project Lower Cedar Amount 1,100.75 0.00 CONCUFRENC DATE -10- S '-'I NAME INITIAL/DATE E&I "''Total Payments/Credits Balance Due $1,100.75 $0.00 $1,100.75 i 0,p Prepared by EarthCorps �.� 6310 NE 74th St, Suite 201E w N December Invoice Seattle, WA 98115 ( --- 206.322.9296 206.322.9312 fax ,. Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: December 15, 2004 SITE TASK TIMES/ LABOR I LABOR IN LABOR RATE MATERIALS LABOR IN MATERIALS NOTES YEAR TYPE DAYS CREW DAY 11-ABORCOST ESTIMATE ESTIMATE DAYS -invoice �LABORTHIS BILLING- nvoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.00 $700.0 invasive plant control Watering 6x 112 CREW 3 $925.00 $2,775.00 DAY _ Total $5,550.00 S700.0 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.00 1 $925.00 Ryan's crew: 12/8 Finished weeding invasive plant control Section III. Watering 6x 1/2 CREW 3 $925.00 $2,775.00 DAY Total $6,475.00 Labor Subtotal $12,025.00 $700.01 $0.00 S925.00 FIELD PROJECT $841.75 $64.7 MANAGEMENT& SUPERVISION (7 % of labor) PROJECT $1,44300 $111.00 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70 0i $0.00 FEE (10 % of materials) LABOR MATERIALS $14,309.75 $770.0t S1,100.7 SUBTOTAL Total $15,079.75 Total Billed $14,949.16 Total Estimate to Date December 2004 (including Invoice $1,100.7 this invoice) Bill [o: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, 5th Floor Renton, WA 98055 Definitions CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) EarthCorps 6310 NE 74th St, Suite 201 E Seattle, WA 98115 Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Description Project Oversight, contract wrap up Lower Cedar River and Elliot Channel Plant Maintenance Sales Tax t HP71 ER 116, LAWS OF 1915 CITY OF RENTON CERTIFICATION I THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY Of PERjukt, THAT THE MATERIF.u HAVE BEEN FURNISHF�. THE ;�RVICES RENDERED OR ' HE LABOR PERFORMFr ; UESCRIBED HEREIN, AND T^kT THE CLAIM IS JUST, UNPAID OBLIGATION AGAov'T THE CITY OF RP ? THAT I AM AUTHORIZED TO AUTHENTICA '' SAID CLAIM. 11 n Please see attached detail page. Invoice Date Invoice # 12/22/2004 1035 R4Ql�zvFb SEC 2 7 20 UTj� TOFR �¢ Ysys FMs Terms Net 30 Rate 130.59 8.80% Total Payments/Credits Balance Due Project Lower Cedar Amount 130.59 0.00 $130.59 $0.00 $130.59 ' December 21, 2004 Invoice Prepared by EarthCorps 6310 ONE 74th St, Suite 201 E Seattle, WA 98115 !-I > 206.322,9296 206.322.9312fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: December 21, 2004 SITE TASK TIMES/ LABOR LABOR IN MATERIALS LABOR IN MATERIALS NOTES YEAR TYPE DAYS ILABORRATE CREW DAY ILABORCOST ESTIMATE ESTIMATE DAYS -invoice ILABORTHIS BILLING - invoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.00 $700.00 $0.00 invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2.775.00 DAY Total $5,550.00 $700.0 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.00 invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2.775.00 DAY Total $6,475.00 Labor Subtotal $12,025.00 $700.00 $0.00 $0.00 FIELD PROJECT $841.75 $130.59 Project oversight with crew and MANAGEMENT & administration for end of year SUPERVISION (7% of labor) PROJECT $1,443.00 $0.00 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.00 $0.0 FEE (10% of materials) LABOR MATERIALS $14.309.75 $770.00 $130.5 SUBTOTAL Total $15,079.75 Total Billed $15,079.75 Total Estimate to Date December 2004 (including Invoice $130.5 this Invoice) Bill to: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, 5th Floor Renton, WA 98055 Definitions CREW DAY HALF CREW DAY (includes 5.6 persons including crew leader, van, 2 (includes 3 persons Including crew leader, van, 1 piece pieces power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) bulo__ Page 1 1 CITY OF RENTON * 1055 S. GRADY WAY RENTON, WA 98055 VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: DATE I PO NUMBER 6/28/2004 18/0000616 SHIP TO: Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: NO Quantity Unit I Description CAG-04-093, Cedar River Plant Maint. J i i l �A I t y k� BILL TO Unit Price Ext. Price 15,079.75 _- SUBTOTAL TAX FREIGHT TOTAL 0.00 0.00 15.079.79 Account Number Work Order Function Number Amount E 421.000600.018.5960.0038.65.065095 5185/5354 1 15,079.75 Authorized Signature Authorized Signature EarthCorps 6310 NE 74th St, Suite 201 E Seattle, WA 98115 Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Invoice Date Invoice # 1 I /30/2004 1009 P.O. No. Terms Project Net 30 Elliot Description Qty Rate Amount Lower Cedar River and Elliot Channel Plant Maintenance - 702.41 702.41 November Sales Tax RECEIVE 8.80% 0.00 DEC 0 F -2004 r�I CITY OF RENTON TCONCUR _I= UTILITY SYSTEMS N VE IN I L/DATE I CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIrICAT ION I. THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY. THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND UNPAID OBLI N AGAINST THE CITY E ON, AND THAT I AM THO IZED TO TH TEA ERTIFY TO SAID C M. SIG D: Please see a ied detail age / Total $702.41 Payments/Credits $0.00 J Balance Due $ 702.41 Prepared by EarthCorps O�A 6310 NE 74th St, Suite 201 E LU - H November Invoice Seattle, WA 98115 206.322.9296 206.322.9312 fax 9 ^�^Ron Glob^� — Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: September 27, 2004 SITE TASK TIMES/ LABOR LABOR IN LABOR RATE LABOR COST MATERIALS LABOR IN MATERIALS LABOR THIS NOTES YEAR TYPE DAYS CREW DAY ESTIMATE ESTIMATE DAYS -invoice BILLING - invoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775. $700.0 $0.00 invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2,775.00 DAY Total $5,550.00 $700.0 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.00 0.5 $138.21 $462.50 Lizzie's crew: Planted 50 1 gallon invasive plant control willow replacement plants. Finished weeding section 11. Watering 6x 1/2 CREW 3 $925.00 $2,775.00 DAY Total $6,475.00 Labor Subtotal $12,025. $700.0 $138.21 $462.50 FIELD PROJECT $841.75 $32.3 MANAGEMENT& SUPERVISION (7% of labor) PROJECT $1,443.00 $55.5 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.00 $13.82 FEE (10% of materials) LABOR MATERIALS $14.309.7 $770.00 $702.41 SUBTOTAL Total /$15,079.75 Total Billed $13,848.41 Total Remaining amount to be used on Estimate to Date October additional invasive removal/supplemental planting day in 2004 (including Invoice / December this invoice) $702.41 Bill to: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, 5th Floor Renton, WA 98055 Definitions CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van. 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Wabash Farms PO Box 291 31218 SE 408th Enumclaw, WA 98022 BILL TO Earthcorps 7400 Sandpoint Way NE Bldg. 30 Seattle, WA 98115 SHIP TO For City of Renton Invoice DATE INVOICE # 11/12/2004 142 P.O. NUMBER TERMS REP SHIP VIA F.O.B. PROJECT 11/12/2004 QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 25 25 SaSilg Salulg 1 gal. Salix sitchensis / Sitka willow Salix lucida ssp. lasiandra / Pacific willow Sales Tax 2.55 2.55 8.40% 63.75 63.75 10.71 We appreciate your business! Total $138.21 CITY OF RENTON 1055 S. GRADY WAY RENTON, WA 98055 VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: Page 1 1 DATE PO NUMBER 6/28/2004 18/0000616 SHIP TO: Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: NO Quantity Unit Description Unit Price Ext. Price CAG-04-093, Cedar River Plant Maint. -e) �L&sv -�s V. KZ "A' `11�, [,-)---7 �,LYJ 15,079.75 L v,� .. IT SUBTOTAL BILL TO: TAX FREIGHT TOTAL 15 079.75 0.00 0.001 15,079.75 AccountNumber: rd ber 5185/5354 - Amount< 15,079.75, E 421.000600.018.5960.0038.65.065095 Authorized Signature Authorized Signature EarthCorps 6310 NE 74th St, Suite 201 E Seattle, WA 98115 Bill To RECEIVED NOV 0 3 2004 CITY OF RENTON UTILITY SYSTEMS CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Invoice Date Invoice # 10/31/2004 958 CONCURR N E DATE k NAME IN TIAUDATE P.O. No. Terms Project Net 30 Lower Cedar Description Qty Rate Amount Lower Cedar River and Elliot Channel Maintenance 267.75 267.75 Sales Tax 8.80% 0.00 CHARTER 116, LAWS OF 1965 CITY OF RENTON CER T IFICATION I THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HN,1E BEEN FURNISHED, THE SERVICES RENDERED OR THE LA50R PERFORMED AS DESCRIBED HEREIN, AND THAT THE Ct AN IS .;UST, DUE AND UNPAID OBLIGATION AGAiNSr T11,E C''"v OF RENTON, AND THAT I AM AUJjiORIZED 0 i�UTHEN"IC,AT AfdD CERTIFY TO SAID CLAIpA/ P SIGNED/ Please see attached detail page. Total $267.75 Payments/Credits $0.00 FBalance Due $267.75 Prepared by EarlhCorps OI�A 6310 NE 74th St, Suite 201 E �Q►� October Invoice Seattle, WA 98115 W 4 N 206.322.9296 206.322.9312 fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: September 27, 2004 SITE TASK TIMES/ LABOR LABOR IN LABOR RATE MATERIALS JILABOR IN LABOR THIS NOTES YEAR TYPE I DAYS, CREW DAY ILABORCOST ESTIMATE ESTIMATE DAYS -invoice BILLING Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.00 $700.00 $0.0 $700 for materials - not to be invasive plant control invoiced. Materials for project free of charge. Additional money to be applied to crew days in November. Watering 6x 1/2 CREW 3 $925.00 $2.775.00 rgmaori; DAY Total i i i i $5,550.001 $700.0 ($700.00) Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.0 1 $925,00 10/11-Crew removing invasives in invasive plant control sections 1 and 2. Watering 6x 1/2 CREW 3 $925.00 $2.775.00 DAY Total $6,475.00 Labor Subtotal $12,025.001 $700.0C $225.00 FIELD PROJECT $841.75 $15.7 MANAGEMENT& SUPERVISION (7 % of labor) PROJECT $1,443.00 $27.00 ADMINISTRATION (12 % of labor) MATERIALS HANDLING $70.0 FEE (10% of materials) LABOR MATERIALS $14,309.7 $770.0 $267.7 SUBTOTAL Total $15,079.7E Total Billed $13,146.0 Total Remaining amount to be used on Estimate to Date October additional invasive removat/suppiemental planting day 2004 (including Invoice in November. this invoice) $267.7 Definitions Bill to: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, 5th Floor Renton, WA 98066 CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. From: "Liz Stenning" <liz@earthcorps.org> To: "Christian Munter" <Cmunter@ci.renton.wa.us> Date: 11 /04/2004 9:16:31 AM Subject: RE: Plant Maintenance Contract Christian, I had a crew working this month focusing on invasive removal at the Mouth site in Sections 1 & 2. 1 only billed for 267.75 because I had accidentally over charged from the previous month. In September I had a crew try out the knotweed injection method. This is a new method we have been developing with King County to deal with knotweed. The word seems to be that spraying knotweed is ineffective. We were hopeful that we could have used the injection method at Elliot and the Mouth in September. However when we went out to the sites in September, we noticed that since we had previously cut down the canes 2 times, the new growth on the canes was too small to inject. Therefore, we only injected one patch at the entry to Elliot. For the remainder of the time the crew removed other invasives, such as blackberry. The $700 was to be used for herbicide, but since we had to halt this method, the money was redirected to labor. For the remainder of this year's contract, I intend to spend 1 day at the Mouth site in November continuing maintenance and installing about 50 willow plants which failed from last year. It appears that the stakes aren't as effective as potted plants. So we will plant 50 pots instead of stakes to get better results. I would suggest continuing with maintenance at both sites in 2005. The knotweed injection could be tried again in June. The knotweed should be left to grow in the Spring and develop thicker canes for the method to be effective. I hope this clears things up. Let me know if you have any more questions Liz Stenning Field Operations Director EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 (206) 322-9296 X 207 (206) 255-4158 - cell -----Original Message ----- From: Christian Munter[mailto:Cmunter@ci.renton.wa.us] Sent: Wednesday, November 03, 2004 2A2 PM To: Liz Stenning Subject: Plant Maintenance Contract Liz, Have a question about your last invoice for 267.75. Why aren't we charged for the $700 of materials and what happened to the other $700 in labor? Thanks Chris Christian D. Munter, P.E. Surface Water Utility e1�Y U �� CITY OF RENTON + ,� + 1055 S. GRADY WAY RENTON, WA 98055 ��ry VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: Quantity Unit Des CAG-04-093, Cedar River Plant Maint. BILL TO: C > Page 1 1 DATE PO NUMBER 6/28/2004 18/0000616 SHIP TO: Cop,, Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: No w�.M, Unit Price Ext. Pri 15,01 I'--f 75 SUBTOTAL 15 079.75 TAX 0.00 FREIGHT 0.00 TOTAL 15,079.75 Account Number Work Order Function Number Amount rk °:i E 421 000600.018.5960.0038.65.065095 5185/5354 15,079.75 Authorized Signature Authorized Signature EarthCorps Invoice 6310 NE 74th St, Suite 201 E Seattle, WA 98115 To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Date Invoice # 9/27/2004 917 P.O. No. Terms Project Net 30 Stewardship/Maint Description Qty Rate Amount Days in Field- Lower Cedar River and Elliot Channel Plant 1,870.75 1,870.75 Maintenance Sales Tax 8.80% 0.00 �(� Q 2004 CO C RRE CE. CITY F RENTON QATENAME UTILI Y SYSTEMS NITIAL/DATE N CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND UNPAID OBLIG ' AGAINST THE CITY OF RENTON, AND THAT I AM HO ED TO A TlkFNTICAT AND C IFY TO SAID CLAIM. SIdED: Please see attached detail page. Total $1,870.75 Payments/Credits $0.00 Balance Due $1,870.75 Prepared by EarthCorps W__ in September Invoice 631 ONE ttSuite 201E Seattle, WA _ 206.322.9296 206.322.9312 fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: September 27, 2004 SITE TASK TIMES/ LABOR LABOR IN LABOR RATE LABOR COST MATERIALS 11LABOR IN LABOR THIS NOTES YEAR TYPE DAYS I CREW DAY ESTIMATE ESTIMATE DAYS -invoice BILLING- nvoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2.775.00 $700.0 1 $925.00 Lizzie's crew: 9/22-Knotweed invasive plant control injection on select patches of knotweed where stems were larger than 1' diameter. Additional blackberry removal. Watering 6x 1/2 CREW 3 $925.00 $2.775.0 DAY Total i $5,550.00 $700.0 $925.00 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3.700.0 invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2.775.0 DAY Total $6,475.00 Labor Subtotal $12,025.00 $700.00 $925.00 FIELD PROJECT $841.75 $64.75 MANAGEMENT& SUPERVISION (7% of labor) PROJECT $1.443.00 $111.0 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.0 FEE (10% of materials) LABOR MATERIALS $14,309.7 $770.00 $1,100.7 SUBTOTAL Total $15,079.75 Total Billed $12,878.25 Total Estimate to Date August Definitions 2004 (including this Invoice) Invoice $1,870.7 BIII to: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, 5th Floor Renton, WA 98055 CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. From: "Liz Stenning" <liz@earthcorps.org> To: "Christian Munter" <Cmunter@ci.renton.wa.us> Date: 08/31/2004 2:55:55 PM Subject: Elliot and Mouth sites Chris, I worked with a crew today at the Mouth of the Cedar River site. The plants look great with all of the rain we have had. There is no shortage of invasives, so the crew is busy with weeding. I went out to look at the Elliot site after that and the plants there look great, with the exception of knotweed. There is about 4 days remaining in the maintenance contract. I plan to use about 2 days at both sites injecting the knotweed with herbicide. We have been working with King County Noxious Weed Control Board on a 10 day project in the Green River injecting knotweed. We are able to buy and borrow all of the equipment, so our plan is to visit the Renton sites in mid September. I am hopeful that this method will work well to kill of most of the knotweed in the planting area. If it is effective, you may want to consider trying it again next year. For the other 2 days, we will spend mostly at the Mouth doing invasive removal. I noticed at the Mouth that the stakes never took off. I think that is due to a late planting, predation by beaver or river otter, and the fluctuation of the water level. The 1 gallon willows and dogwoods however have done very well. At that site I would recommend a small fall planting of willow and dogwood. There are a few spots along the bank where the bank continues to collapse and there isn't sufficient rooting vegetation to hold it. (Crew time-2 days planting max $500 in plant material) At Elliot I would recommend a willow harvest on site and planting of willow along the banks where the knotweed was thick or the stakes didn't take. By planting in the fall the roots will have longer to get established. (1 day harvest willow on site, 1 day planting) If you have the budget this planting would cost no more than 5K. I think with the work that has been done to date, this would be a great addition to the sites. I would also recommend a somewhat reduced maintenance budget for next summer. Let me know what you think about this. Hope all is well. Liz Stenning Field Operations Director EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 (206) 322-9296 X 207 Y CITY OF RENTON + + 1055 S. GRADY WAY RENTON, WA 98055 N r0 VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: BILL TO: 01, - Page 1 1 DATE PO NUMBER'. 6/28/2004 18/0000616 SHIP TO: •J Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: No Account Number Work Order Function Number E 421.000600.018.5960.0038.65.065095 5185/5354 15,079.75 Authorized Signature Authorized Signature EarthCorps RECEIVED 6310 NE 74th St, Suite 201 E Seattle, WA 98115 Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 FP - E 2004 CI T Y OF RENTON UTILITY SYSTEMS Invoice Date Invoice # 8/31/2004 904 P.O. No. Terms Project Net 30 Lower Cedar Description Qty Rate Amount Lower Cedar River Elliot Channel Plant Maintenance 1,926.31 1,926.31 Sales Tax 8.80% 0.00 CE DATE CHARTER 116, L MS OF 1965 NAI�iINITIAL/DATE CITY OF RENTON ERTIFICATION " L I. HE UNDERSIGNED DO HEREB CERTIFY UNDER PENALTY S HAVE BEEN FURNISHED, c , �, 0 TEE—TI PERJURY, THAT THE MATERI iE SERVICES RENDERED OR I HE LABOR PERFORNIED AS SCRIBED HEREIN, AND THAT I HE CLAIM IS JUST, DUE AND PAID 0@LIGATION AGAINST AT I AM AU D TO AUT 1HE CITY OF RENTON, AND ENTICATE AND CERTIFY TO AID CLAW / IGNEO' i Please see attached detail page. Total $1,926.31 Payments/Credits $0.00 Balance Due $1,926.31 Prepared by EarthCorps 6310 ONE 74th St, Suite 201 E Ptt�0 WN August Invoice Seattle, WA 98115 206.322.9296 206.322.9312fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: August 31, 2004 SITE TASK TIMES/ LABOR LABOR IN LABOR RATE MATERIALS LABOR IN LABOR THIS NOTES YEAR TYPE DAYS ILABORCOST CREW DAY ESTIMATE ESTIMATE DAYS -invoice BILL ING- invoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.0 $700.0 .5 $462.50 Jeremy's crew: 812-1/2 day invasive plant control maintenance in Section 1,2,3 Watering 6x 1/2 CREW 3 $925.00 $2,775.00 none in August due to rain DAY Total $5,550.00 $700.0 $462.50 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.00 1.25 $1,156.25 Jeremy's crew: 8/2-maintenance in invasive plant control section 3 Ryan's crew: 8/31-maintenance sections 1,2-3/4 size crew Watering 6x 112 CREW 3 $925.00 $2.775.00 none in August due to rain DAY Total $6,475.00 $1,156.2 Labor Subtotal $12,025.00 $700.0 $1,618.7 FIELD PROJECT $841.75 $113.31 MANAGEMENT& SUPERVISION (7% of labor) PROJECT $1,443.00 $194.25 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.0 FEE (10% of materials) FT LABOR MATERIALS $14,309.7 $770.0 $1,926.31 SUBTOTAL 11 Total $15,079.75 Total Billed $11,007.5C Total $1,926.31 Estimate to Date August 2004 (including Invoice Definitions this invoice) BIII to: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, Sth Floor Renton, WA 98055 CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage. liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. �Y CITY OF RENTON * 1055 S. GRADY WAY �N'VO RENTON, WA 98055 VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 Pagel 1 DATE PO NUMBER 6/28/2004 18/0000616 SHIP TO: FOB Point: Req. No.: Terms: net term Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Req. Del. Date: Contact: PHELAN, TERESA Pre -Assigned PO#?: NO Special Inst: Quantity Unit Description CAG-04-093, Cedar River Plant Maint. BILL TO: Unit Price Ext. Price 15,079.75 Q, tL ' SUBTOTAL 15,079.75 TAX 0.00 FREIGHT 0.00 TOTAL 15,079.75 Account Number Work Order Function Number Amount E 421.000600.01i3.5960.0038.65.065095 5185/5354 15,079.75 Authorized Signature Authorized Signature EarthCorps 6310 NE 74th St, Suite 201E `v Seattle, WA 98115 _ AUG I - 2004 CITY OF nlsT.O 1=11111 Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 f, Invoice Date Invoice # 7/30/2004 862 CONC RR ICE, DATE NAME � INITIAL/DATE P.O. No. Terms Project Net 30 Lower Cedar Description Qty Rate Amount Lower Cedar River and Elliot channel plant maintenance 4,403.00 4,403.00 Sales Tax 8.80% 0.00 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM VRIZED TO UTHENTICATE AN ERTIFY TO SAID CLAIM. SIGH ED:< 7. Please see attached detail page. Total $4,403.00 Payments/Credits $0.00 Balance Due $4,403.00 by EarthCorps Vt�lokPrepared 6310 NE 74th St, Suite 201E N July Invoice Seattle. WA 98115 206.322.9296 206.322.9312 fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: July 30, 2004 SITF iTAqk 1 TII,,AFC/ 11 ARrIR I A.50 II,I I_An. 11_A RIIR rn CT I.,fAT-111 C III_A Rl_1R Ind 1_n ICR THIS NOTES NOTES YEAR TYPE DAYS CREW DAY ESTIMATE ESTIMATE DAYS -invoice BILLING- invoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.00 $700.0 .5 $462.50 Jeremy's crew: 7/15-1/2 day invasive plant control maintenance in Section 1 & 2 Watering 6x 1/2 CREW 3 $925.00 $2,775.00 1 $925.00 Lizzies' crew (1/2) crew size: 7/16, DAY 7/29 Water entire site Total $5,550.00 $700.0 $1,387.50 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3.700.00 1.5 $1,387.50 Jeremy's crew: 7/15-1/2 day, 7/29 invasive plant control maintenance section 1 & 2 Watering 6x 1/2 CREW 3 $925.00 $2,775.00 1 $925.00 Lizzies' crew (1/2) crew size 711, DAY 7/23 Water entire site Total $ .475.001 $2,312.50 Labor Subtotal $12,025.00 $700.00 $3,700.00 FIELD PROJECT $841.75 $259.0 MANAGEMENT& SUPERVISION(7% of labor) PROJECT $1,443.00 $444.00 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.0 FEE (10 % of materials) LABOR MATERIALS $14,309.7 $770.0 $4,403.00 SUBTOTAL Total $15,079.75 Total Billed $9,081AS Total JULY $4,403.0 Estimate to Date Invoice Definitions 2004 (Including this invoice) Bill to: Christian Munter City of Renton Surface Water Management Renton City Hall 1055 S Grady Way, 5th Floor Renton, WA 98055 CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. It Page 1 1 CITY OF RENTON + 1 + 1055 S. GRADY WAY RENTON, WA 98055 NTO VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEA-"TLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: DATE PO NUMBER 6/28/2004 18/0000616 SHIP TO: Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: NO Quantity Unit Description Unit Price Ext. Price CAG-04-093, Cedar River Plant Maint. 15,079.75 4 SUBTOTAL BILL TO: TAX FREIGHT TOTAL 15 079.75 0.00 0.00 15,079.75 Accoint Number I Work Order Function Number Amount E 421.000600.018.5960.0038.65.065095 �5185/5354 15,079.75 Authorized Signature Authorized Signature EarthCorps GENE 6310 NE 74th St, Suite 201 E Seattle, W?, 98115 Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GF.ADY WAY, 5TH FL RENTON WA 98055 jUL 8 - 2004 CITY OF RENTON UTILITY SYSTEMS nvoice Date Invoice # 6/30/2004 829 co' DATE NAME INITIAL/DATE I P.O. No. Terms Project Net 30 Stewardship/Maint Description Qty Rate Amount Watering and Maintenance, restoration sites 4,678.19 4,678.19 Sales Tax 8.80% 0.00 CHARTER 116, WS OF 1965 CITY OF RENTON CIERTIFICATION I THE UNDERSIGNED DO HEREB CERTIFY UNDER PENALTY 0 PERJURY, THAT THE MATERI S HAVE BEEN FURNISHED, THE SERVICES RENDERED OR I HE LABOR PERFORMED AS SCRIBED HEREIN, AND THAT I E CLAIM IS JUST, DUE AND PAID OBLIGATI AGAINST CITY OF RENTON, AND AT T I AM A ED TO AV ENTICATE AND CERTIFY TO ID CLAIM. IGNEb: Please see attached detail page. Total $4,678.19 Payments/Credits $0.00 Balance Due $4,678.19 Q� Prepared by EarthCorps 631ON E 74th St, Suite 201E - W U1 June Invoice -Maintenance Seattle, WA 98115 .- Bill to: Christian Munter 206.322.9296 206.322.9312 fax City of Renton, Surface Water Utility 1055 S. Grady Way 5th Floor Date: July t, LUU4 Renton WA 98055 SITE TASK TIMES/ LABOR LABOR IN LABOR RATE LABOR COST MATERIALS LABOR IN NOTES YEAR TYPE DAYS CREW DAY ESTIMATE ESTIMATE DAYS -invoice ILABORTHIS BILLING- nvoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.00 $700.0 1 $925.0 Ryan's crew 6/2-maintenance invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2,775.00 0.7 $693.75 Lizzie's crew 6/17-full day 1/2 crew, DAY 6/23-1/2 day, 1/2 crew Total i i $5,550. $700.0 $1,618.7 Mouth of Lower Cedar Regular stewardship / 4x I CREW DAY 4 $925.00 $3,700.00 2 $1,850. Ryan's crew 6/3 & 6/7-maintenance invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2.775.00 0. $462.5 June -September. (1/2 day visits) DAY Water trucked to site. Total $6,475.00 $2,312.5 Labor Subtotal $12,025.00 $700.00 $3,931.2 FIELD PROJECT $841.75 $275.1 MANAGEMENT& SUPERVISION (7% of labor) PROJECT $1.443.00 $471.7 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.0 FEE (10% of materials) LABOR MATERIALS $14,309.75 $770.0 $4,678.19 SUBTOTAL Total $15,079.75 Total Billed $4,678.1 Total $4,678.1 Estimate to Date JUNE 2004 (including Invoice Definitions this invoice) CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. ;; CITY OF RENTON Plannin uildin blicWorks ..r1 . � � Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E., Administrator June 25, 2004 Liz Stenning, Field Program Coordinator EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 SUBJECT: LOWER CEDAR RIVER LEFT BANK/ELLIOT SPAWNING CHANNEL MAINTENANCE CONTRACT, 2004 Dear Liz: Enclosed please find one executed original of the above -referenced contract for your files. If you have any questions or require additional information, please call me at (425) 430-7205. Sincerely, Christian D. Munter, P.E. Surface Water Utility Enclosure: contract H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 21133 Project\02.0 - Agreements\2.08 - EarthCorps 2004\Contract06252004.doc\CDM\tb Ti �-, — T T ^ T 1055 South Grady Way - Renton, Washington 98055 1 %� 1.: I r 1 v I v ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE Y U';U�R RECEIVED JUN 2 4 2004 CITY OF RENTON CITY TY SYSTEMRENTOS UTILITY SYSTtMS CITY CLERK DIVISION MEMORANDUM DATE: June 24, 2004 TO: Chris Munter, Utility Systems Division FROM: vk " Michele Neumann, x6504 SUBJECT: CAG-04-093; EarthCorps Contract for Cedar River Plant Maintenance/Removal The attached original document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. An original document is also retained by the City Clerk. Thank you. Enclosures: (1) Vr • ♦ RECEIVED �u �INV _1s 1N 2 4 2004 OF CITY OF RENTON CITY UTILITY SYYSTEMSSTEMSN CITY CLERK DIVISION MEMORANDUM DATE: June 24, 2004 TO: Chris Munter, Utility Systems Division FROM: Michele Neumann, x6504 SUBJECT: CAG-04-093; EarthCorps Contract for Cedar River Plant Maintenance/Removal The attached original document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. An original document is also retained by the City Clerk. Thank you. Enclosures: (1) CAG-04-093 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this i L 1A , day of , 2004, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank/Elliot Spawning Channel Plant Maintenance 2004 WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VM of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpMaintenanceContract.doc 1 II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes I and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." CADocuments and Settings\HzU oval Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCoiphlaintenanceContract.doc VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit A, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit A. Payment for this work shall not exceed $15,079.75 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit A and by this reference made a part of this Agreement. The overhead costs as identified on Exhibit A are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit A, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. CADocuments and SettingsViAADcal Settingffemporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid CADocuments and Settings\]iz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. CADocurnents and Settings\liz\Local SettingsUemporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. CADocuments and Settings\lizU"al Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintcnanceContract.doc In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. CADocuments and SettingsViz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. CADocuments and Settings\liz\Local Settingffemporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EARTHCORPS Sign ure Date type or print name I ( f- 0- d F 1%1 N R- tj tkb AA Title CITY OF RENTON Am, &ftg?rA �/ zy" r g e ,pffian, Administrator bate ATTEST: CADocurnents and Settings\liz\Local Settings\Temporary Internet Files\OL,5B\2004EarthCorpMaintenanceContract.doc 10 Prepared by EarthCorps 6310 NE 74th St, Suite 201E .+. N Exhibit A - Scope of Work Seattle, WA 98115 206.322.9296 206.322.9312 fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: April 26, 2004 SITE TASK TIME LABOR IN LABOR RATE LABOR COST MATERIALS LABOR IN LABOR THIS NOTES YR EAnvoice TYPE DAYS CREW DAY ESTIMATE ESTIMATE DAYS -invoice BILLING- Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2,775.00 $700.0 June -September. Material cost for invasive plant control herbicide application to Japanese Knotweed resprouting and/or additional landscape fabric as needed. Watering 6x 1/2 CREW 3 $925.00 $2.775.00 June -September. (1/2 day visits) DAY Water trucked to site. Total $5,550.00 $700.0 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.0 June -September. invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2,775,00 June -September. (1/2 day visits) DAY Water trucked to site. Total $6,475.00 Labor Subtotal $12,025.00 $700.0 FIELD PROJECT $841.75 MANAGEMENT& SUPERVISION (7 % of labor) PROJECT $1,443,00 ADMINISTRATION (12 % of labor) MATERIALS HANDLING $70.0 FEE (10% of materials) LABOR MATERIALS $14,309.7 $770.0 SUBTOTAL Total $15,079.75 Total this $0.0 Estimate Billing 2004 Definitions CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMain tenanceContract. doc 12 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: Mayor Attest: City Clef} RENTON CITY COUNCIL: Council President CADocuments and Settings\]iz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc 13 a- AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is EarthCgMs policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. EarthCpMs complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. HA)R-j2T12te rtTNt_-:; ; Yte-eGTa-r- or:F,N, P, Mf+� Print Agent/Representative's Name and Title r Agent/Repres tative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. CADocuments and SettingsUiz\t oval Settings\Temporary Internet Files\OLK5B\2004EarthCotpMaintenanceContract. doc 14 City of Renton Human Resources & Risk Management Memorandum DATE: June 22, 2004 TO: Chri tian Munter, Utility Systems FROM: R. Webby, HR&RM Administrator SUBJECT: Insurance Review/ EarthCorps Lower Cedar River Habitat Elliot Spawning Channel 2004 Plant Maintenance Contract I have reviewed the Certificate of Insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 14, 2004 TO: Michael Webby, HR&RM FROM: Chris Munter, x7205 (A?rvv,- SUBJECT: Insurance Certificate - EarthCorps Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat/Elliot Spawning Channel 2004 Plant Maintenance Contract. Please let me know if additional information is needed. Thanks. Enclosure HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\InsCertMemo06142004.doc 06/11/2004 12:47 FAX 206 613-7759 DATE (MWDDn(YI ACORD. CERTIFICAI t OF LIABILITY INSURANCE 05/21/2004 PRODucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Phone: 206-613-7710 marsh Advantage America ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDE1215 Fourth Ave, suite 600 ALTER THEHIS CERTIFICATE DOES O COVERAGE AFFORDED BYTHE POLICIT AMENDES SBELOW. Seattle, wA us 98161 Marsh Advantage America is a service of S?:Ibury & Smith, Inc. INSURED EarthCorps 6310 NE 74th St, Ste 201E seattle, WA 96115 MARSH ADVANTAGE AMERICA INSURERS AFFORDING COVERAGE INSURER A: St'Paul Fire and Marine Insurance Company INSURER B' — INSURER C: INSURER D: INSURER E: Z 002/004 COVERAGES I THE POLICIES OF INSURANCE LISTED 8ELOW H/IVE BEEN ISSUED TO THE INSURED"NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF INY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED Bl' -;HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY H)Vi E BEEN REDUCED BY PAID CLAIMS. LILT EF PO�LI Y�IRATION LIMITS IRTR TYPE OF INSURANCE I POLICY NUMBER ATE MMfDO DI ATE Nv00 TCENE=RAL IABILITYCK01901451 05/12/2004 05/12/2005 EACH OCCURRENCE s1 000 000 FIFE DAMAGE 00 (Any one flre) S 100,EERCIALGENERALLIABILITY 5,00ECLAIMS MADE �I OCCUR I �MED EXP (Any one person) SRSONAL & AOV INJURY S 1 000 0 0 X STOP GAP LIABILITY GENERAL AGGREGATE S 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER' X POLICY ERCaT , LOC A AUTOMOBILEL)ABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO A IpXCESS LIABILITY X7 OCCUR CLAIMS MADE DF-DUC78LE X I RETENTION S 10,000 WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY A IAUTO PHYSICAL DAMAGE I CK01901451 I CK01901451 I CK01901451 05/12/2004 05/12/2004 PRODUCTS- COMPOP AGG_ S 2,000,000 05/12/2005 COMBINED SINGLE LIMIT s 1,000,000 (Es soddcnl) BODILY INJURY S (Per person) F(Peracciderill DILY INJURY S PROPERTYOAMAGE S (Per acddenq AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG S 05/12/2005 EACH OCCURRENCE S AGGREGATE 3 PROD COMP/OPS AGG S S s E L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE 5 e , nICCeC6 . PrIl ICY LIMIT I S 05/12/2004 I 05/12/2005 I COMPREHENSIVE DESCRIPTION OF OPERATIONS/LOCATONSIVEMICLESIEt(ILUSIONS ADDED BY ENDORSEMENTSPEGAL PROVISIONS City of Renton is additional insured i15 respects, operations of named insured for the City of Renton CERTIFICATE HOLDER ADDITIONAL City of Renton Dept orSurfat:eWatcr Utilities Christian Munter loss S. Grady way, 51h Floor iRenton, WA 98005 I ACORD 25-S (7/97) 5URED: INSURER LETTER 2,000,000 L.000,010 2,000,000 S500 $1,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE M INSURER WILL ENDEAVOR TO MAIL _-311— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP RESENTATIVES. Marsh Advantage,Americ a service of seabury & Smith By: �i, 01 f ,# � o ACORD CO 06/11/2004 12:47 FAX 206 613 7759 MARSH ADVANTAGE AMERICA 4 003/004 IMPORTANT If the certificate holder I:i an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not1confer rights to the certificate holder in lieu of such endorsement(s). 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 endcj.-sement(s). DISCLAIMER The Certificate of Insura lice on the reverse side of this form does not constitute a contract between the issuing insurer(s), 31Irthodzed representative or producer, and the certificate holder, nor does it affirmatively or negativel)l amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7/97) ALIG. 1. 2003 8:07018:14SEABURY SMITH MARSH 913 55.9 2299 TO 915E93Sa:N0. 0054 pJ V6 ADOMOWAL PROTF> M PE ms - OTHER INEURAgtE t1imall eMKIRS-ENM d F This on0orsernent chengea your Commercial Generol Liability Protection. Mole Cevenpe is Chaeged The following is adCed to the Who Is Protected Under This Agr"ment strct;on. This chtrnge broadens coverage. Per"011 or tlrpirtlzahclx lttgelred Under mnbui Or aprztM M. We'll protect any person or organization that You are reaufrad to add -3s an additional protected person under. • a written contract or agreement. or • an oral agreement or contract where a cvrtificeto of Insure rice showing that pertort of efganlzat;on as an a0dlt;on2i protected person has been lasued The written or oral contract or Agreement Muff be: • currsntty In affect or becoming ettective during the tern, of this policy, and • executed prior to the injury or damage. Coverage provided by this endorsement ii► Iirnitco *3 follows; 1. That person or orgpnlzatlon is a protected person with respect to !;ability resulting from- • premis.o you own, rent, lease_ or occupy: or • your work for that protected person by or for you. 2. The Ifrnfts of coverage app►ICable to the protecteC person are those soeciflad in the written contract or agreement or in the Coverage Summary whichever ere IaDtr. Tnese lirnite of coverage arm Inclusive of and not in addition to the I;sits of insurance shown In the Coverage Summary. The Insurance provided to the protected person doesn't apply to Injury or damage that r•sviry from on architect's. engineer's, or surveyor's performance or faiture to perform architect, engineer, or surveyor professional services. WE explain what wA mein by arch;tdcr, eng;now. or Purveyor proftsslonal serv;cas 111 the COntroet lrability exclusion. Other insurance. We'll constder this Insurance to by primary to end non- contributory with The Insurance issued directly to the additional protectrC-porsontr if. • Your contract wlth that oereon or org0nirViort specificafly requires !not we consider this ;nsurunce to be primary or primary and anon -contributory insurance; or • you request t)otors a lots that wo consider thin insurance to be primary or primary ana non-contr)butory insurance_ other Terms All ct?)ar forma of your policy romeln the same. LOIiC Ed, 6-)8 Pr;need In U.&A- Endoraamant *St-paul Plre and Mar;ns Insurance Co.1998 All Rights Reserved Page t of 1 ** TOTAL PPAX.01 ------------------------------------- ----------------.- CERTIFICATE OF C( VERAGE EMPLOYER: This official certificate of industrial insurance coverage is in lieu of a policy. It remains in effect until your account is officially - closed. Tbere is no limitation of benefits. You are required by law to post ;Q, both this certificate and copies of the posters listed below- You will soon .... .,.be Tmeiving. L.coPy of each_ If you, require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services-- _- -s]ob Safefy and Health Pr6tecti6n (available in Spanish) • Your Rights as a Worker/Family Care Department of Labor & Industries . Notice to Employees PO Box 44144 Olympia WA 985044144 WORKER: The employer named below is an insured policyholder with www.LNI.wa.gov the Washington State Industrial Insurance Trust Fund- UBI' 6r)'S-9 i u7 Policy Effective Date 04, 15/1?3 Location EAF1 TFi;.I)Rl-� a-? I-JF 74TH ST STE ,1E SEATTLE WA 9p1115 ERIPloyet CASCAPiA auE: -r EAR THCOR PS NE 7 4TH c1T S rE 2,o l E SEAT'rLC WA y8115 *Your Unified Business ldcntificr is the only numhcr you need to discuss your business account with die Wa.hington state deparuneou c Revenue, Licetsing, Employment Security, labor and Industries and the Office of this Secretary of S=c. Other state licenses or registration may be required for amper licensing of your business. 1'•211-IaI_n W_ 1J Labor and Industries - Verify Premium Status - Account Information Page 1 of 1 Topic index ( Contact Info _ Search t Home Safety Claims & Insurance Workplace Rights Trades & Licensing Find a Law or Rule Get a Form or Publication Account Information �k,p Help If this contractor's premiums and registration are current, a "Subcontractor Tracking' button will appear at the bottom of the screen. Click it to fill out a Tracking Request. If the contractor fails to pay premiums or has its license suspended or revoked within one year of the start date on your certificate, Labor Et Industries will send you a notification letter. UBI Number: Legal Business Name: Firm Account Number: "Doing Business As" (DBA) Name: Quarterly Premium Reports: Employer Industrial Insurance Status: Account Manager: Registered Contractor? Department of Labor and Industries Employer Liability Certificate Date: 6/ 14/2004 601 459 107 CASCADIA QUEST 842,300-00 EARTHCORPS Quarter 1 of Year 2004 Account is Current. Firm has voluntarily reported and paid the- T3 / MICHELE MCKITRICK (360)902-5626 No The information above shows the employer's industrial insurance (workers' compensation) premium status wit[ Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and at premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or lit coverage. (See RCW 51.12.050 and 51.16.190.) Note: Under Washington State law*, you may be liable for the unpaid industrial insurance (workers' compensa premiums of anyone you hire or contract with. (*See RCW 51.12.070) Experience Factor History I New Search About Lltl I Find a job at L&I I Informacion en espanol I Site Feedback I 1-800-547-8367 -1 . Washington State Dept. of Labor and Industries. Use of this site is subject to the laws of the $ n on state of Washington. Access Agreement I Privacy and security statement I Intended use/external content policy I Visit access.wa.gov Staff only link https://fortress.wa.gov/lni/crpsi/Acctlnfo.aspx?Accountld=84230000&Businessld=6O 1451... 06/14/2004 06/11/1004 12:47 FAX 206 615 7759 MARSH ADVANTAGE AMERICA 002/004 DATE (MMIDDrrY► ACORD� CERTIFICAi-E OF LIABILITY INSURANCE 05/21/2004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER America Phone: 206-613-7710 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DOES NOT AMEND, EXTEND OR Marsh Advantage Mars Fourth Ave, suite 600 HOLDER. THIS CERTIFICATE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, wA Us 98161 Marsh Advantage America is a service of sailbury & smith, Inc. INSURERS AFFORDING COVERAGE INSURERA SL'Paul dnd Marine ZnSuranCC Company RED _F1re thCorps INSURERS' - 0 NE 74th St, Ste 201E Fselattle,WA 96115 INSURERC: INSURER D: _i INSURER E: COVERAGES FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOVE BEEN ISSUED TO THE INSURED NAMED ABOVE RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR �kNY UIREMENT, TERM OR CONDITION OI' CONTRACT OR OTHER DOCUMENT WITH BY'iHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH TAIN. THE INSURANCE AFFORDED LIMITS SHOWN MAY H,Vi E BEEN REDUCED BY PAID CLAIMS. . AGGREGATE -PbLICK E POL �¢�`TION LIMITS LTTYPEOF INSURANCE POLICY NUMBER ATE MNUDO DATE IW00 05/12/2004 05/12/2005 EACH OCCURRENCE S 1 000 000 LLIAHILITY CK01901451 FIRE DAMAGE (Any one tire) S 100,000 MMERCIAL GENERAL LIABILITY ` X 'j OCCUR tR MED EXP (Any one person) S 5,000 CLAIMS MADE PERSONAL & ACV INJURY S 1 000 0 0 TOP CAP LIABILITY I GENERAL AGGREGATE S 2,000,000 PRO TDUC S-COMPOPAGG S 2,000,000 GGREGATE LIMIT APPLIES PERLICY PECOT LOCOBILELIABILITY CK01901451 05/12/2004 05/12/2005 COMBINED SINGLE LIMIT S 1,000,000 (Es acddcmi) X ANY AUTO ALL OWNED AUTOS eAINJURY q BODILY (Pcc: peton) SCHEDULED AUTOS X HIREDAUTOS FBOOILY NON -OWNED AUTOS AMAGE(Pcraccq AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY EA ACC $ AUTO OTHER THAN ANY AUTO ONLY: AGG S CK01901451 05/12/2004 05/12/2005 EACH occURRENCE _�OOO,aDO A exCESS LIABILITY E 2,000,010 X I OCCUR CLAIMS MADE (AGGREGATE PROD COMP/OPs 4GG IS a.000,OD0 DEDUCTIBLE S X RETENTION S 10,000 STATU- OTH- WORKERS COMPENSATION AND TO Y LIMITS ER E L. EACH ACCIDENT S EMPLOYERS' LIABILITY I E.L. DISEASE - EA EMPLOYEE-. S E.L. DISEASE - POLICY LIMIT S I OTHER cK0190145i I 05/12/2004 05/12/2005 COMPREHENSIVE S500 COLLISION $1,000 A AUTO PHYSICAL DAMAGE i DESCRIPTION OF OPERATIONSILOCATIONSnlEHICLESIE't(ILUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS insured for the City of Renton City of Renton is additional insured ,15 respects operations of named CERTIFICATE HOLDER ADDITIONAL IP'I3UREO:INSURER LETTER: CANCELLATION BE CANCELLED BEFORE THE EXPIRATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DATE THEREOF, THE M INSURER WILL ENDEAVOR TO MAIL __3n_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Renton Deptol'SurfaceNyater Utilities IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Christian Muntcr REPRESENTATIVES. 1055 S. Grady Way, Sth Floor Marsh Advantage,Americ a Service of Seabury & Smith Renton, WA 98055 sy: — (D ACORD CORPORATION 1988 ACORD 25-S (7/97) 06/11/2004 12:47 FAX 206 613 7759 MARSH ADVANTAGE AMERICA Z 003/004 IMPORTANT If the certificate holder i.cl an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does noticonfer rights to the certificate holder in lieu of such endorsemerrt(s). 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 endcl-sement(s). DISCLAIMER The Certificate of Insura lice on the reverse side of this form does not constitute a contract between the issuing insurer(s), 311ithorized representative or producer, and the certificate holder, nor does it affirmatively or negativel�l amend, extend or alter the coverage afforded by the policies listed thereon. I ACORD 25-S (7/97) CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 14, 2004 0{,� � , l TO: Gregg ZimmermanQministrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director / �f L t� Utility Systems Division FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, x7205 SUBJECT: Lower Cedar River Left Bank/Elliot Spawning Channel Plant Maintenance, EarthCorps 2004 Contract ISSUE: The Surface Water Utility is required to monitor vegetation planted, as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation, along the Elliot Spawning Channel and the Lower Cedar River. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Elliot Spawning Channel and the Lower Cedar River left bank in the amount of $15,079.75. Project funding ($292,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2004 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the Elliot Spawning Channel and the Lower Cedar River left bank that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are detailed on the attached exhibit. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for 2004 will include removal of invasive plants, and watering of newly planted vegetation to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope or work (attached) and will be accomplished through September 30, 2004. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. Attachments HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\IssuePapMaintContract2004.doc\CMtp ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2004, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank/Elliot Spawning Channel Plant Maintenance 2004 WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpMaintenanceContract.doc 1 II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." CADocuments and Settings\hz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. CADocuments and SettingsViz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit A, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit A. Payment for this work shall not exceed $15,079.75 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit A and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit A are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit A, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004F-arthCorpMaintenanceContract.doc or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK56\2004EarthCo pMaintenanceContract.doe In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. C:\Documents and SettingsMiz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCotpMaintenanceContract. doc In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCotpMaintenanceContract.doc XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XXVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. CADocuments and Settings\liz\Local Settings\Temporary Intemet Files\OLK5B\2004EarthCorpMainten anceContract.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EARTHCORPS / LI/is a`/ Si re Date �1A-?-_�ov-te- �—tiC-L% type or print name 1/ l lli� L L-ZiTCL— D t� 1 N Title _ CITY OF RENTON (A C 14 9 1&&k� �// regg i a , Administrator to ATTEST: CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc 10 O� Prepared by EanhCorps 6310 NE 74th St, Suite 201 E LU vs Exhibit A - Scope Of Work Seattle, WA 98115 206.322.9296 206.322,9312 fax Lower Cedar River and Elliot Channel Plant Maintenance Contract 2004 Date: April 26, 2004 SITE TASK TIMES/ LABOR LABOR IN LABOR RATE MATERIALS LABOR IN LABOR THIS NOTES YEAR TYPE DAYS �LABORCOST CREW DAY ESTIMATE ESTIMATE DAYS -invoice BILLING - invoice Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2.775.00 $700.0 June -September. Material cost for invasive plant control herbicide application to Japanese Knotweed resprouting and/or additional landscape fabric as needed. Watering 6x 112 CREW 3 $925.00 $2,775.00 June -September. (1/2 day visits) DAY Water trucked to site. Total $5,550.00 $700.0 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.00 June -September. invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2.775.00 June -September. (112 day visits) DAY Water trucked to site. Total $6,475.00 Labor Subtotal $12,025.00 $700.0 FIELD PROJECT $841.75 MANAGEMENT& SUPERVISION(7% of labor) PROJECT $1.443.00 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.0 FEE (10 % of materials) LABOR MATERIALS $14,309.75 $770.0 SUBTOTAL Total $15,079.75 Total this $0.0 Estimate Billing 2004 Definitions CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3 2 2 9 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CADocuments and Settings\liz\Local Settings\Temporary Intemet Files\OLK5B\2004EarthCorpMaintenanceContract.doc 12 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996. CITY OF RENTON: N�ayor Attest: ` \ City Clerl RENTON CITY COUNCIL: Council President CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMaintenanceContract.doc 13 c; AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is EarthCorps policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. H. EarthCg Ms complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name and Title Agent/Rep sentative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this documents) with the contract. CADocuments and SettingsViz\Local Settings\Temporary Internet Files\OLK5B\2004EarthCorpMainten anceContract. dcc 14 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 14, 2004 TO: Michael Webby, HR&RM FROM: Chris Munter, x7205 (A?r� SUBJECT: Insurance Certificate - EarthCorps Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat/Elliot Spawning Channel 2004 Plant Maintenance Contract. Please let me know if additional information is needed. Thanks. Enclosure H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\InsCertMemo06142004.doc CONTRACT CHECKLIST STAFF NAME & EXTENSION NUMBER: Chris Munter / Extension No. 7205 DIVISION/DEPARTMENT: Utility Systems / PBPW CONTRACT NUMBER: TASK ORDER NUMBER (if applicable): CONTRACTOR: EarthCorps PURPOSE OF CONTRACT: EarthCorps crews will provide plant maintenance and invasive removal along the lower left bank of the Cedar River and Elliot Spawning Channel as mitigation for the USACE Cedar River Section 205 Project 1. LEGAL REVIEW: (Attach letter from City Attorney) N/A, Standard City Contract 2 3 4 5 6 7 RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter) Yes, see attached. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) N/A INSURANCE CERTIFICATE AND/OR POLICY: (Attach original) Yes, see attached. CITY BUSINESS LICENSE NUMBER: 601459107 (Call Finance Dept.) ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: Yes. (If not, provide explanation) FISCAL IMPACT: A. AMOUNT BUDGETED: (LINE ITEM) (See 8.b)* $292,000.00 B. EXPENDITURE REQUIRED: $15.079.75 8. COUNCIL APPROVAL REQUIRED: (Prepare Agenda Bill): N/A A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee over $10,000.) 9. DATE OF COUNCIL APPROVAL (if applicable): N/A 10. RESOLUTION NUMBER (If applicable): 11. KEY WORDS FOR CITY CLERK'S INDEX: N/A A. Cedar River/Elliot Spawning Channel B. EarthCorps H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\ContractChecklist2.doc Rev:3/97 From: Christian Munter To: Stenning. Liz Date: 04/27/2004 10:2T46 AM Subject: Maintenance Contract 2004 Liz, Attached is the contract and revised Scope of Work. Please review and if ok, print out two copies, have signed, and mail back to me. Note, both the contract and Affidavit of Compliance have to be signed Also, out of curiosity, does EarthCorps ever do small stream rehab, outfall repair work? I have a storm outfall that needs some rock placement to dissipate flows on May Creek. Would involve the work of an excavator. Thanks. Chris Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7205 Fax: 425-430-7241 cmunter@ci.renton.wa.us Cedar River Maintenance Estimate 2004 Prepared by EarthCorps 6310 NE 74th Sl, Suite 201 E Seattle, WA 98115 - D 206.322.9296 206.322.9312 fax Estimate for: City of Renton Date: April 26, 2004 SITE TASK TIMES/ LABOR LABOR IN MATERIALS LABOR IN LABOR THIS NOTES YEAR TYPE DAYS ILABORRATE CREW DAY �LAIIORCOST ESTIMATE ESTIMATE DAYS -invoice BILLING- nvoice Maplewood Revetment Regular stewardship / 2x 1/2 CREW 1 $925.00 $925 00 June -September, invasive plant control j DAY Total $925.00 Elliot Spawning Channel Regular stewardship I 3x CREW DAY 3 $925.0 75 Ou $7oo 0[ June -September. Material cost for invasive plant control herbicide application to Japanese Knotweed resprouting and/or additional landscape fabric as [;$5 needed. Watering 6x 1/2 CREW 3 $925,0 75,00 June -September. (1/2 day visits) DAY Water trucked to site. Total ,550.00 $700.0 Mouth of Lower Cedar Regular stewardship ! 4x CREW DAY 4 $925.0 $3,700 00 June -September. invasive plant control Watering 6x 112 CREW 3 $925.0 $2.775 00 June -September. (1/2 day visits) DAY Water trucked to site. Total $6,475.00 Labor Subtotal $12,950.00 $700.0 FIELD PROJECT $906.50 MANAGEMENT & SUPERVISION (7% of labor) PROJECT $1,554.00 ADMINISTRATION (12 % of labor) MATERIALS HANDLING $70 0 FEE (10% of materials) LABOR MATERIALS $15,410.50 $770.0 SUBTOTAL Total $16,180.50 Total this $0.0 Estimate Billing Definitions 2004 CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Possible water sources at Ron Regis Park and City of Renton Municipal Airport. Prepared by EarthCorps 6310 NE 74th St, Suite 201 E W > vs Cedar River Maintenance Estimate 2004 Seattle, WA 98115 f 206,322.9296 206.322.9312 fax i �syJ Estimate for: City of Renton Date: February 11,2004 SITE TASK TIMES/ LABOR LABOR IN MATERIALS LABOR IN LABOR THIS NOTES YEAR TYPE DAYS ILABORRATE CREW DAY ILABORCOST ESTIMATE ESTIMATE DAYS -invoice BILLING - invoice Maplewood Revetment Regular stewardship! 2x 1/2 CREW 1 $925.00 $925.00 June -September. invasive plant control DAY Watering 6x 1/4 CREW 1.5 $925.00 $1.387.50 June -September. (1/4 day visits) DAY Water trucked to site. Total $2,312.50 Elliot Spawning Channel Regular stewardship / 3x CREW DAY 3 $925.00 $2.775.00 $700.0 June -September. Material cost for invasive plant control herbicide application to Japanese Knotweed resprouting and/or additional landscape fabric as needed. Watering 6x 1/2 CREW 3 $925.00 $2,775.00 June -September. (1/2 day visits) DAY I Water tacked to site. Total $5,550.00 $700.0 Mouth of Lower Cedar Regular stewardship / 4x CREW DAY 4 $925.00 $3,700.00 June -September. invasive plant control Watering 6x 1/2 CREW 3 $925.00 $2.775.00 June -September. (1/2 day visits) DAY Water trucked to site. Total $3,700.00 Labor Subtotal $11,562.50 $700.0 FIELD PROJECT $1,156.25 MANAGEMENT& SUPERVISION (10 % of labor) PROJECT $1,387.50 ADMINISTRATION (12% of labor) MATERIALS HANDLING $70.0 FEE (10 % of materials) LABOR MATERIALS $14,106.25 $770.0 SUBTOTAL Total $14,876.25 Total this $0.0 Estimate Billing Definitions 2004 to .� S 1� 1 CREW DAY HALF CREW DAY (includes 5-6 persons including crew leader, van, 2 pieces (includes 3 persons including crew leader, van, 1 piece power equipment, all hand tools, mileage, liability) power equipment, all hand tools, mileage, liability) Water provided by King County Reclaimed Water Program. Y CITY OF RENTON ♦ '1 + 1055 S. GRADY WAY RENTON, WA 98055 VENDOR:022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: SHIP TO: f Page 1 1 DATE PO NUMBER 11/18/03 18/0000458 Cor-17� Q Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: NO 7 SUBTOTAL 16,921.01 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 16,921.0 Work Order Function Number ` Amount E 421.000600.018.5960.0038.65.065095 5185/5354 16,921.01 Authorized Signature Authorized Signature Grp EarthCorps 6310 NE 74th St Suite 201 E Seattle, WA 98115 REIVE JUN 10 20O4 w1YOF Bill To ITY SYST--MS CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Invoice Date Invoice # 6/3/2004 811 P.O. No. Terms Project Net 30 Lower Cedar Description Qty Rate Amount Cedar River Riparian Vegetation work- invasive removal along 851.06 851.06 floodwall Sales Tax 8.80% 0.00 O�VC RR NICE D TE lDD 6 NA DATE E INITIA CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I. THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, D THAT I A ORIZED T UTHENTICAT T TO SAID IM. SI ED-, n Please see attached deter page. Total $851.06 Payments/Credits $0.00 Balance Due $851.06 City of Renton- Prepared byEarthCorps �.s p� 6310 ONE 74th St, Suite 201E Cedar River Riparian Vegetation Billing June 2004 Seatde, WA 98115 AM 206.322.9296 206.322.9312 fax - Date: June 8, 2004 or Item # Width (see attached Unit Cost per Billing: work to Area Task Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Estimates date 6/04 Notes Left Bank Segment 1 Immediately north (downstream) of South Boeing bridge to large complex of willow trees, just south (upstream) of WDFW fisheries monitoring station. 150 40 6000 (West bank) Invasive Removal/Disposal 600 $0.30 $1,800.00 Soil Preparation 510 $0.16 $960.00 Subtotal $2,760.00 $0.00 Segment 2 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the end of Segment 1 (above). The floodwall angles west, the bank is wider, and the floodwall is replaced by a chain -link fence. 600 30 18000 Invasive Removal/Disposal 600 $0.30 $5,400.00 Soil Preparation 510 $0.161 $2,880.00 Subtotal $8,280.00 $0.00 Segment 3 Continuing north (downstream), the floodwall begins again, and the bank Invasive removed along narrows. This segment extends to floodwall. 6/1-Ryan's crew the end of the floodwall. 930 8 7440 Invasive Removal/Disposal 600 $0.30 $2,232.00 Soil Preparation 5101 $0.16 $1,190.40 Subtotal $3,422.40 $727.40 ... ..... .. ..... .,.. :. WIN _r -. IMS , e , . a : " Subtotal $14,462.40 $727.40 Field Project Management & Supervision (7% of Total) $1,012.37 $50.92 Project Administration (10% of Total) $1,446.24 $72.74 Materials Handling Fee (10% of Total) Mileage N/A TOTAL FEE $16,921.01 $851.06 GRAND TOTAL THIS BILLING Work in June $851.06 ill Total billed to datel $16,921.01 Lower Cedar River Left Bank Invasive Removal June billing EarthCorps 6/8/2004 Page 1 1 Y CITY OF RENTON ♦ + 1055 S. GRADY WAY DATE PO NUMBER��d RENTON, WA 98055 11/18/03 - N18/0000458 VENDOR: 022858 SHIP TO: EARTHCORPS Copy6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: BILL TO: Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: NO Unit Price" Ext. Price 16,921.01 SUBTOTAL 16,921.01 TAX 0.0c FREIGHT 0.0c TOTAL 16,921.01 Account Number Work Order Function Number Amount E 421.000600.018.5960.0038.65.065095 55185/5354 16,921.01 Authorized Signature Authorized Signature EarthCorps T- 3 7 6310 NE 74th St, Suite 201E Seattle, WA 98115 t�dt ` 'VItl +rn F 0 IT`S' OF RENTON Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Invoice Date Invoice # 3/31/2004 748 VAME 6 INITIAUDATE P.O. No. I Terms Net 30 Description Qty Rate Lower Cedar River - Left Bank planting, staking mulching e �Q(� , ��3 10,501.92 Elliot Rearing/Spawning side channel, planting, staking mulching —' v"l 7,182.45 Cedar River Riparian Vegetation - Left Bank - March invasive removal Please see attached detail page. - CHARTER 1 &, -' W&-01= 1965 CITY OF RENTON CERTIFICATION i. THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OFPeIURY. THAT THE MATERIALS HAVE BEEN FURNISHED, T3i��ICES RENDERED OR THE LABOR PERFORMED AS DM, BED HEREIN, AND THAT THE CLAIM IS JUST, DUE AND UNPAID 09LIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHC D TO AUTHENTICATE A SAID CLAIM( SIGNED` Total Project Planting .k Amount 10,501.92 d'V 7,182.45 1 12,164.50 nW $19,848.87 Payments/Credits $0.00 Balance Due $19,848.87 City of Renton -Cedar River Riparian Planting Invoice April 2004 Lower Cedar River Prepared by EarthCorps _ _ BIII to: Chris Munter 631ON E 74th St, Suite 201E Surface Water Utility Seattle, WA 98115 Ci of Renton 1 206.322.9296 206.322.9312 fax Date: April 5, 2004 1055 S. Grady Way 5th Floor Renton WA 98055 Width ork (see attached hed U p ( Unit Cost er Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Notes Immediately north (downstream) of South Boeing bridge to large Replacement with native plants, complex of willow trees, just south including groundcovers, shrubs, (upstream) of WDFW fisheries I and tree species. Staking along Left Bank Segment 1 monitoring station. 150 40 6000 bank. Mulched around plants. Planting 710 $0.401 $2,400.00 Subtotal $2,400.00 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the Replacement with native plants, end of Segment 1 (above). The including groundcovers, shrubs, floodwall angles west, the bank is and tree species. Staking along wider, and the floodwall is replaced bank. Mulched around plants. Segment 2 by a chain -link fence. 600 30 18000 Planting 700 $0.20 $3,600.00 Subtotal $3,600.00 Continuing north (downstream), the Replacement of failed willow floodwall begins again, and the bank staking along bank. Additional narrows. This segment extends to eplacement planting with native Segment 3 the end of the floodwall. 930 8 7440 plants, including groundcovers, shrubs, and tree species. Mulched around plants. Planting 710 $0.40 $2,976.00 Subtotal $2,976.00 Subtotal $8,976.00 Field Project Management 8 Supervision (7% of Total) $628.32 $897.60 Project Administration (10% of Total) _ Materials Handling Fee (10% of Total) _ _ _ N/A Mileage N/A TOTAL FEE $10,501.92 2004 Cedar River planting Invoice EarthCorps 4/6/2004 City of Renton- Cedar River Riparian Planting Invoice- April 2004 Invoice for: Christian Munter Prepared by EarlhCorps Elliot Rearing/Spawning Side Channel 6310 NE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312fax --- Date: April 5, 2004 Work Item # Width (see attached jUnit Cost per l Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Assumptions/Notes Supplemental native plantings. Species include native groundcovers, shrubs, and trees. Native staking along banks. No Upstream end of side -channel (at planting in landscape fabric areas. Segment 1 riprap weir) to road crossing. 550 30 16500 Includes deer tolerant species. Mulched around plants. Planting 710 $0.20 $3,500-00 Subtotal From road crossing to first downstream bend (-90 degrees), Supplemental native plantings. about 150 feet downstream of road Species include native shrubs, and Segment 2 crossing. 150 15 2250 trees. Native staking along banks. Includes deer tolerant species. Mulched around plants. .Planting 710 $0.631 $1,517.501 Subtotal $1,517.501 Supplemental native plantings. From confluence of small tributary to Species include willow staking on Elliot Side -Channel (at about the mid right bank and native shrub and point of the side -channel) to 120 ffet trees on left bank. Includes deer downstream, or first bend (-90 tolerant species. Mulched around Segment 3 degrees) 120 20 2400 plants. Planting 710 $0.63 $1,512.001 Subtotal -7 $1,512.00T Subtotal of subtotals $6,529.50 Field Project Management & Supervision (7% of Total) $457.07 Project Administration (10% of Total) $652.95 Materials Handling Fee (10% of Total) N/A Mileage N/A TOTAL FEE $7,182.45i 2004 Cedar River planting Invoice Earth Corps 4/6/2004 City of Renton- Cedar River Riparian Vegetation Billing March 2004 Prepared byEarthCorps 6310 NE 74th St, Suite 201 E Seattle, WA 98115 144 -3 — T -- 206.322.9296 206.322.9312 fax a9 Date: April 5, 2004 Notes Width Distance (ft.) (ft.) Area (sq.ft.) wo�w:.. , a+e.NNW. Work Item # (see attached Unit Cost per Billing: work to (spreadsheet) sq. ft. Estimates date 4/04 Immediately north (downstream) of South Boeing bridge to large complex of willow trees, just south (upstream) of WDFW fisheries Left Bank Segment 1 monitoring station. 150 40 6000 Invasive removed along bank. Invasive composted on site. (West bank) Invasive Removal/Disposal _ 600 $0.30 $1,800.00 Soil Preparation 510 $0.16 $960.00 Subtotal $2,760.00 $0.00 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the end of Segment 1 (above). The Invasive removal along bank. floodwall angles west, the bank is Planting areas created along bank wider, and the floodwall is replaced with mulch and straw wattles. by a chain -link fence. Invasives composted on site. Segment 2 600 30 18000 _ Invasive Removal/Disposal 600 $0.30 $5,400.00 Soil Preparation _ 510 $0.16 $2,880.00 Subtotal $8,280.00 $0.0 Continuing north (downstream), the floodwall begins again, and the bank Invasive removed along floodwall. narrows. This segment extends to 1 day remaining on contract for Segment 3 the end of the floodwall. 930 8 7440 follow up work in May. Invasive Removal/Disposal 0 0 150 Soil Preparation 510 $0.16 $1,190.40 $3,422.40 $1,850.00 Subtotal Subtotal $14,462.40 $1,850.00 Field Project Management & Supervision (7% of Total) $1.012.37 $1,446.24 —� N/A $129.50 _ Project Administration (10% of Total) $185.00 Materials Handling Fee (10% of Total) Mileage TOTAL FEE $16,921.01 $2,164.50 Work in March GRAND TOTAL THIS BILLING1 $2,164.50 Previously billed $13,905.45 $851.06 Remainingil Lower Cedar River Left Bank Invasive Removal March billing EarthCorps 4/6/2004 CITY OF RENTON Kathy Keolker-Wheeler, Mayor March 1, 2004 Liz Stenning, Field Program Coordinator EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: LOWER CEDAR RIVER LEFT BANKJELLIOT SPAWNING CHANNEL PLANTING CONTRACT, 2004 Liz: Enclosed please find one copy of the above -referenced contract for your files. If you have any questions or require additional information, please call me at (425) 430-7205. Sincerely, 61--* �' Christian D. Munter, P.E. Surface Water Utility Enclosure: contract H:\File Sys\SWP -Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreemettts\2.08 - EarthCorps 2004\Contract03012004.doc\CDM\tb R E N T O N 1055 South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE ( I e Page 1 1 'S y CITY OF RENTON + + 1055 S. GRADY WAY RENTON, WA 98055 ��NTO VENDOR: 022858 EARTHCORPS 6310 NE 74TH ST - STE 201 E SEATTLE, WA 98115 FOB Point: Terms: net term Req. Del. Date: Special Inst: DATE PO NUMBER 3/4/04 18/0000529 SHIP TO: O Req. No.: Dept.: PLNG/BLDG/PUB W ILITY SYS Contact: PHELAN, TERESA Pre -Assigned PO#?: NO _Quantity Unit I Description Unit Price'' Ext. Price CAG-04-023, 2004 Habitat Planting Lower 17,684.37 Cedar River/Elliot Spawning, 41 ,W h.n... 2sy. db. _ ale-,&^-u> ,k,. _ _ Ir M�k'.. .., n I �:��HIza,., s �s�F y sh^ a. _ ... d _.d.,.,_,......„..,... _.,,...,�. ...- :;^.LYI. aY - -maw- l ' - Y. s._ x ax BILL TO: SUBTOTAL 17,684.37 TAX 0.00 FREIGHT 0.00 TOTAL 17,684.37 Account Number Work Order Function Number /Krnoun -. E 421.000600.018.5960.0038.65.065095 5185/535.4 17,684.37 Authorized Signature Authorized Signature EarthCorps ro x;* r� 6310 NE 74th St, Suite 201 E Seattle, WA 98115 1 UF RENTON � o Bill To CHRISTIAN MUNTER CITY OF RENTON SURFACE WATER MANAGEMENT RENTON CITY HALL 1055 S GRADY WAY, 5TH FL RENTON WA 98055 Invoice it Date Invoice # 3/31/2004 748 C`' �CURRENCE DATE: NAME INITIAUDATE P.O. No. Terms Project Net 30 Planting Description Qty Rate Amount Lower Cedar River - Left Bank planting, staking mulching 0,501.92 3Q7,182.45 10,501.92Elliot Rearing/Spawning side channel, planting, staking mulching 7,182.45 Cedar River Riparian Vegetation - Left Bank - March invasive Q AC-� � 2,164.50- 2,164.50 removal �4 Please see attached detail page. Total $19,848.87 CITY OF RENTON CERTIFICATION Payments/Credits 1. THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY $0.00 Balance Due OF' RY, THAT THE MATERIALS HAVE BEEN Ft1D, ICES RENDERED DR THE LABOR PERFORMED AS HEREIN. AND THAT THE CLAIM IS JUST, DUE AND $19,848.87 _ t9WO DQLKiAIIUN AGAIN51 IHt UIT Vt' KtNIM, PJW THAT I AM AUTHO D TO AUTHENTICATE A SAID CLAIM. - SIGN D k " 'A,f� / W City of Renton -Cedar River Riparian Planting Invoice April 2004 �o^"k" Lower Cedar River Prepared by EarthCorps _ _ Bill to: Chris Munter 6310 NE 74th St, Suite 201E Surface Water Utili Seatde, WA 98115 206.322.9296 206.322.9312 fax Date: April 5, 2004 City of Renton 1 _ 1055 S. Grady Way 5th Floor Renton WA 98055 Work e# Width (see atItmtached Unit Cost per Distance (ft.)(ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Notes SM^EflC4uB�'t+T n¢u-nrw � ,k. _1�rm�:; ,�a[ssuaP<iN.C'a>l�o�au.:r�.:+c+xaee Immediately north (downstream) of South Boeing bridge to large Replacement with native plants, complex of willow trees, just south including groundcovers, shrubs, (upstream) of WDFW fisheries and tree species. Staking along Left Bank Segment 1 monitoring station. 150 40 6000 bank. Mulched around plants. Planting 710 $0.401 $2,400.00 Subtotal $2,400.00 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the Replacement with native plants, end of Segment 1 (above). The including groundcovers, shrubs, floodwall angles west, the bank is and tree species, Staking along wider, and the floodwall is replaced bank. Mulched around plants. Segment 2 by a chain -link fence. 600 30 18000 Planting 700 $0.20 $3,600.00 Subtotal $3,600.00 Continuing north (downstream), the Replacement of failed willow floodwall begins again, and the bank staking along bank. Additional narrows. This segment extends to eplacement planting with native Segment 3 the end of the floodwall. 930 8 7440 plants, including groundcovers, shrubs, and tree species. Mulched around plants. Planting 710 $0.40 $2,976.00 Subtotal $2,976.00 Subtotal $8,976.00 Field Project Management & Supervision (7% of Total) $628.32 ProJect Administration (10% of Total) $897.60 Materials Handling Fee (10% of Total) N/A NiA — Mileage TOTAL FEE $10,501.92 2004 Cedar River planting Invoice EarthCorps 4/6/2004 City of Renton- Cedar River Riparian Planting Invoice- April 2004 Invoice for: Christian Munter Prepared by EarthCorps Elliot Rearing/Spawning Side Channel 6310 NE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312 fax Date: April 5, 2004 Work Item # Width (see attached Unit Cost per Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. ISubtotals Assumptions/Notes Supplemental native plantings. Species include native groundcovers, shrubs, and trees. Native staking along banks. No Upstream end of side -channel (at planting in landscape fabric areas. Segment 1 riprap weir) to road crossing. 550 30 16500 Includes deer tolerant species. Mulched around plants. Planting 710 $0.20 $3,500.001 Subtotal From road crossing to first downstream bend (-90 degrees), Supplemental native plantings. about 150 feet downstream of road Species include native shrubs, and Segment 2 crossing. 150 15 2250 trees. Native staking along banks. Includes deer tolerant species. _ Mulched around plants. Planting 710 $0.63 $1,517.50 Subtotal Supplemental native plantings. From confluence of small tributary to Species include willow staking on Elliot Side -Channel (at about the mid right bank and native shrub and point of the side -channel) to 120 ffet trees on left bank. Includes deer downstream, or first bend (-90 tolerant species. Mulched around Segment 3 degrees) 120 20 2400 plants. Planting 710 $0.63 $1,512.001 Subtotal $1, 512.00 Subtotal of subtotals $6,529.50 Field Project Management & Supervision (7% of Total) $457.07 $652.95 Project Administration (10% of Total) Materials Handling Fee (10% of Total) N/A Mileage N/A TOTAL FEE $7,182.45 2004 Cedar River planting Invoice EarthCorps 4/6/2004 - Cedar River - City of Renton- Riparian Vegetation BillingMarch - P - 9 -- 2004 -- Prepared byEarthCorps 6310 NE 74th St, Suite 201 E seame,wA se„6 W ,'0�,-- _ `' - 206.322.9296 206.322.9312 fax rr� P ON - Date: April 5, 2004 Work Item # Width (see attached Unit Cost per Billing: work to :.w Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Estimates date 4/04 , Notes Immediately north (downstream) - South Boeing bridge to large Left Bank Segment 1 complex of willow trees, just south (upstream) of WDFW fisheries monitoring station. 150 j 40 6000 Invasive removed along bank. Invasive composted on site. (West bank) Invasive Removal/Disposal - 1 _ _ 600 $0.30 $1,800.00 Soil Preparation 510 $0.16 $960.00 _ Subtotal $2,760.00 $0.0 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the end of Segment 1 (above). The Invasive removal along bank. floodwall angles west, the bank is Planting areas created along bank wider, and the floodwall is replaced with mulch and straw wattles. by a chain -link fence. Invasives composted on site. _ Segment 2 600 30 18000 Invasive Removal/Disposal 600 $0.30 $5,400.00 Soil Preparation 510 $0.16 $2,880.00 Subtotal $8,280.00 $0.00 Continuing north (downstream), the floodwall begins again, and the bank Invasive removed along floodwall. narrows. This segment extends to 1 day remaining on contract for Segment 3 the end of the floodwall. 930 8 7440 follow up work in May. Invasive Removal/Disposal .00 Soil Preparation 510 $0.161 $1,190.40 Subtotal $3,422.401 $1,850.00 . _. Subtotal $14,462.40 $1,850.00 Field Project Management & Supervision (7% of Total) $1,012.37 $1,446.24 N/A $129.50 Project Administration (10% of Total) $185.00 Materials Handling Fee (10% of Total) Mileage TOTAL FEE $16,921.01 $2,164.50 GRAND TOTAL THIS BILLING $2,164.50 Work in March PreviOUSi billed Remainingl $851.06 Lower Cedar River Left Bank Invasive Removal March billing EarthCorps 4/6/2004 ----9"RM LAKE GROWERS, INC. 21809 89th ST SE SNOHOMISH, WA 98290-7432 DATE INVOICE i I 360-794.4842 FAX 360-794-8323 BILL TO: Earth Corps 6310 NE 74th Street, Suite 201E Seattle, WA 98115 N30 5 PSEMEI 30 TSUHEI 50 PICSII 15 FRALAI 10 POPTRI 70 PHYCAI 80 RUBSPI 50 OMECEI 40 POLMUI 150 CORSE-Stake 110 SALLA-Stake 100 SALSI-Stake 1 DELIV 3/8/2004 04-188 =I VIE SHIP TO: APR 0 7 2004 CITY{JF SENTOi~ Elliot Spawning Cha TILITy;,r'SacR,9; Kristin Covey Cell 206-255-8699 4 p Y y. 3/8/2004 1 SL Truck Douglas Fir 1 gal 2.75 13.75T Hemlock 1 gal CONCURRENCE -_= .75 82.50T Sitka Spruce 1 gal .75 137.50T Oregon Ash 1 gal DATE: .75 41.25T Cottonwood 1 gal NAME INI IALMATE .75 27.50T Ninebark 1 gal .75 192.50T Salmonberry 1 gal .75 220.00T Indian Plum 1 gal .75 137.50T Sword Fern 1 gal .75 110.00T Red Twig Dogwood Cut .75 112.50T Pacific Willow Cutting" - 0.75 82.50T Sitka Willow Cutting 0.50 50.00T Delivery Charge 40.00 40.00T Sales Tax 8.50% 106.04 CH RTER 116, LAWS OF 1 65 CITY 0 RENTON CERTIFICATION I. THE UNDERS OF PERJURY, T GNED DO HEREBY CERTIFY UN AT THE MATERIALS HAVE BEEA R PENALTY THE SERVICES DESCRIBED HE RENDERED OR THE LABOR PEI REIN , AND THAT THE CLAIM IS J FURNISHED, tFORMIED AS UNPAID OQLIG THAT I AM AUTHORIZED TION AGAINST THE CITY OF TO AUTHENTICATE AN T, DUE AND NTON, AND SAID CLAIM. CERTIFY TO SIGNED:— I I $1,353.54 PRODUCT 13055T FOLD AT I>I TO FIT COMPANION 9306 OU-0-VUE ENVELOPE, PRINTED IN U.S.A. I SOUND NATIVE PLANTS PO Box 7505 Olympia, WA 98507-7505 (360) 352-4122 fax (360) 867-0007 BILL TO Earthcorps Attn: Kristin Covey 6310 NE 74th Street #201 E Seattle, WA 98115 206-322-9296 x2ll fax 206-322-9312 RECEIVED APR 0 7 2004 CITY OF RENTON UTILITY SYSTEMS P.O. NO.' SALESREP SHIP DATE ORDERED BY ALB 3/8/2004 Kristin CITY DESCRIPTION 25 50 15 30 Red alder - Alnus rubra, 1 gal. Snowberry - Symphoricarpos albus, 1 gal. Western red cedar - Thuja plicata, 1 gal. Delivery . Subtotal Delivery charge was reduced since it is shared with other Earthcorps-deliveries in the area. Sales Tax Good luck with your project! Invoice DATE INVOICE # 3/5/2004 04-60 TERMS Net 30 days I PROJECT hiot PRICE 3.00 2.75 . 3.00 1.20 8.40% Total TOTAL 75.00 137.50 45.00 36.00 293.50 24.65 $318AS TERMS: Invoiced amounts are due in full on pickup/delivery unless prior credit has been arranged. Overdue invoices are subject to 1-1 /2% per .onth finance charge. A 10% restocking fee will be charged on orders cancelled or delayed less than 5 business days in advance. A 10% holding fee will be charged on orders delayed more than 3 months, and holding fees for additional delays may be added. A non-refundable 50% deposit is required for orders placed more than 6 months in advance. We reserve the right to cancel or decrease quantities of any order due to acts of nature, crop failures, or other circumstances beyond our control. Deposits will be proportionately refunded should this occur. I R IM LAKE GROWERS, INC. 89th ST SE WA 98290 7432_ 360-794-4842 FAX 360-794-8323 BILL TO: Earth Corps 6310 NE 74th Street, Suite 201E Seattle, WA 98115 N30 .�54.. RECEP�!E®: APR 0 7 2�304 DATE CITY OF RENTON 3/4/2004 UTILITY SYS 1-MS 3/4/2004 1 SL Truck 16 PSEMEI Douglas Fir 1 gal 20 FRALAI Oregon Ash 1 gal 8 POPTRI Cottonwood 1 gal 70 MAHAQI Mahonia aquifolium 1 gal 70 RUBSPI Salmonberry 1 gal 40 HOLDI2 Oceanspray 2 gal 35 OMEC .1 Indian Plum 1 gal 45 POLMUI Sword Fern 1 gal 80 SYMAL2 Snowberry 2 gal 60 GAUSHI Gaultheria shallon 1 gal 30 CORSEI Red Twig Dogwood 1 gal 45 SALLAI Pacific Willow 1 gal 115 SALLA-Stake Pacific Willow Cutting 45 SALSII Sitka Willow 1 gal 115 SALSI-Stake Sitka Willow Cutting 1 DELIV Delivery Charge ales Tax SHIP TO: UdM0 WW KristinPy Cell 206-255-8699 2.75 44.00T 2.75 55.00T 2.75 22.00T 3.00 210.00T 2.75 192.50T 6.00 240.00T 2.75 96.25T 2.75 123.75T 6.00 480.00T 2.75 165.00T 2.75 82.50T 2.75 123.75T 0.75 86.25T 2.75 123.75T 0.50 57.50T 40.00 40.00T 8.50% 182.09 PRODUCT 13055T FOLD AT (I') TO FIT COMPANION 9308 DU-O-VUE ENVELOPE. PRINTED IN U.S.A. B • ;/RM LAKE GROWERS, INC. .09 89th ST SE 101-10MISH, WA 98290-7432 1360-794-4842 FAX 360.794-8323 BI LL TO: Earth Corps 6310 NE 74th Street, Suite 201E Seattle, WA 98115 N30 20 SALSA 20 SALLAI 3/8/2004 1 SL Truck Sitka Willow 1 gal Pacific Willow 1 gal Sales Tax RECEIVES APR r+ 7 2004 CITY OF RENTON 3/8/ UTILITY SYSTEMS SHI P TO: Renton Airport" 2.75 2.75 8.50% 55.00T 55.00T 9.35 PRODUCT 13055T FOLD AT I,) TO FIT COMPANION 9308 OU-O-VUE ENVELOPE. PRINTED IN U.S.A. B - � SOUND � NATIVE PLANTS PO Box 7505 Olympia, WA 98507-7505 (360) 352-4122 fax (360) 867-0007 BILL TO ---- --- --- ----- --- -- Earthcorps Attn: Kristin Covey 6310 NE 74th Street #201E Seattle, WA 98115 206-322-9296 x2ll fax 206-322-9312 Invoice F DATE INVOICE # RECEIVED ED 1 3/3 2/ 004 + 04-SS 1 APR 0 7 2004 --------- — I - CITY OF RENTON UTILITY SYS7cEMS P.O. NO. TERMS SALESREP I SHIP DATE j ORDERED BY QTY Net 30 days ALB ; 3 / 3 / 2004 Kristin I DESCRIPTION 28 Red alder - Alnus rubra, 1 gal. 80 Snowberry - Symphoricarpos albus, 1 gal. 15 Western red cedar - Thuja plicata, 1 gal. 70 Delivery :Subtotal i I Sales Tax Have fun with those plants! e `i y —�i' `'e' PROJECT Cedar Rive PRICE TOTAL' 3.00 2.75 3.00 1.20; 8.40% I 84.00 220.00 45.00 84.00 433.00 36.37 Total $469.37 TERMS: Invoiced amounts are due in full on pickup/delivery unless prior credit has been arranged. Overdue invoices are subject to 1-1 /2% per m,':)nth finance charge. A 10% restocking fee will be charged on orders cancelled or delayed less than 5 business days in advance. A 10% holding fee -will be charged on orders delayed more than 3 months, and holding fees for additional delays may be added. A non-refundable 50% deposit is required for orders placed more than 6 months in advance. We reserve the right to cancel or decrease quantities of any order due to acts of nature, crop failures, or other circumstances beyond our control. Deposits will be proportionately refunded should this occur. RECEIVED MAR f -1004 CITY OF RENTpN 11TQ�T�' SYSTEMS CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: February 27, 2004 TO: Chris Munter FROM: Suzann Lombard x6521 SUBJECT: Earthcorps Cedar River/Elliot Spawning Channel Plantings along lower left bank CAG-04-023 The attached original document has been fully executed and is being returned to you. Please transmit an original to the contractor and retain a copy for your file. An original document is also retained by the City Clerk. Thank you. Attachments: (1) City of Renton Human Resources & Risk Management Memorandum DATE: February 23, 2004 TO: Chris Munter, Utility Systems DECEIVEDFROM: A�- Webby, HR&RM Administrator FEB 4 200y CITY OF SUBJECT: Insurance Review/ EarthCLower Cedar River Habitat / (jrI LjTMSRS EA4 N Elliott Spawning Channel 2004 Planting Contract I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 17, 2004 TO: Michael Webby, HR&RM FROM: Chris Munter, x7205 tr SUBJECT: Insurance Certificate - EarthCorps Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat/Elliot Spawning Channel 2004 Planting Contract. Please let me know if additional information is needed. Thanks. Enclosure City of Renton Received FFB 1 8 2004 Human Resources & Risk Management HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27 2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\lnsCertMemo02172004.doc\CMtp ►► ACORD CERTIFICATE OF LIABILITY INSURANCE °06/04/ o) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFUHMAIIUN marsh Advantage America Phone: 509-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Spokane, WA USA 99210-2151- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. marsh Advantage America is a service of seabury 8 Smith, Inc. INSURERS AFFORDING COVERAGE INSURED INSURER A St. Pau Fire an Nar ne insurance Company - EarthCorGGS INSURER B: 6310 NE 24th St, Ste 201E - -- I Seattle, NA 98115 INSURER C: ► INSURER D' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ._ . a —Ll — - Ia Ic Tn Al I TLC =0K,AC rxr-i i icinroC aren r`(1 Nlrf1T1(1NS OF SUCH mMi rC P—, , 3L I I �JVI�r�,�Vlry.v„v�v �, ,i - POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- EFFECTIVE POLICY EARRATI N UMfT9 LTR TYPE OF INSURANCE POUCY NUMDEA MMIDWYV DATE MM+D GENERAL UADIUTY CK019014SI 05/12/2003 05/12/2004 EACH OCCURRENCE A x COMMERCIALGENERAL LIABILrIY CLwM9 MADE a OCGOR - /� FIRE DAMAGE (My one Ilre) MED EXP (My one Derson) E - 100,000 S _ 51000 s_ \1,000,000 x STOP GAP LIABILITY PERSONAL &ApvlwuRY GENERAL AGGREGATE_ S _ 2,000,000 PRODUCTS- COMP,OP AGO GEN'L AGGREGATE LIMIT APPLIES PEA; S 2.000.000 X POLICY 7 PRO LOC A AUTOMOBIXEUABIUTr CK019014SI 05/12/2003 05/12/2004 COM51NED SINGLE LIMIT ' 1, 000, 000 (E3 a2ioenl) x ANY AUTO BODILY INJURY ALL OWNED AUTOS S I (Perperaon) -- _ SCHEDULED AUTOS I I BODILY IM JURY x HIRED AUTOS $ (Por —66Ml) x NON -OWNED AUTOS PROPERTY DAMAGE S (Par acddenl) GARAGE LIABILITY I AUTO ONLY • EA ACCIOENT S - ANY AUTO OTHER THAN EA ACC S _•, AUTO ONLY: AGG E A EXCESS LIABILITY CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE S 1,000.000 AGGREGATE - ► x OCCUR CLAIMS MADE 7X OCCUR S 1, DOD, 000 PROD COMP/OPS AGG E 1.000,000 I DEDUCTIBLE x RETENTION g 10.000 E vvC STATu- WDRIKERSCOMP'ENSATIONAND ► TORY LIMITS E.L. EAC ACCIDENT S ._ EMPLOYE)TSUA®UTY E.L DISEASE - EA EMPLOY S E.L. DISEASE - POLICY LIMIT I S OTHER HIRED PHYSICAL DWGE CK01901451 05/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE: SZS0 A AUTO COLLISION DEDUCTIBLE: S500 LIMIT: $50,000 DE&CRIPnON OF OPEPJITIDN9ILOCATIONSNCHCLESIE XCLUSIONS ADDED BY ENDORSP-MENTISPEOAL PROVISIONS City of Renton iS additional insured as respects operations of named insured for the City of Renton CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTPM _ CANCELLATION -- City or Renton Dept or Surface Water Utilities Christian Muster 1055 S. CFmdy Way, 5th Floor Rentoo, WA 98055 ACORD 25-S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE! � INSURER WILL ENDPAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES marsh Advantage America, a service of Seab 6 Smith By: do ACORICEORPORATION 1988 Ub/16/ZUUJ lb:.')/ tA'A ZUbJZZyJ1Z LAAlnlUAr,J L$/Ju4 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may reoulre en endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/'97) AUG. 1. 20011 8:07AM 19:14SEAEURY SMITH MARSH 913 5�9 2299 TO 91509-3500. 0054 PJ 4/6 ADomOWAL PROTECTII:D PERSMS - OTHFR INSM ANtE tt.K$tftd EWM9&E > W ,IS a F This andortlement changes your Commercial General L►at)ility Protectlon. MOOT Ceeenpe is Moved The following is adQed to this Who 19 Protected Under This Agreement %action. This chimp broadens coveroea. Persoae or OlonliHllms tsgelred under centrad or aprlmm"t wa,lt protbcr any person or organization thrit You are recuirad to add 31 an additional protected person under- 0 a written contract or agreement: or • an oral agreement or contract whore a certificate of Insurance showing that persoh o; er9aniza6on as an additionai protected person has been Issued The written or oral contract or agreement mast be: • currently in affect or becoming effective during the term of this policy; and • executed prior to the injury or dernage. Coverage provided by this endorsement is limitee as follows, 1. That person or organization Is a protected person with respect to liability resulting from: prlmisae you own, rent, loase. or occupy; or your wnrk for that protected person by or for you. 2. The limits of coverage aPPIleable to the prOtstteC person are thobe Sorciffed in the written contran or agreement or In the Coverage Summary. whichever are, 1999. These lirmltz of coverage are inclusive of and not in addition to the Iimits of insurance shown in the Coverage Summary. The insurance provided to the protected Penton d000n't apply to Injury or domagc that r•svfty from on archftact's. anginear's, or surveyor's performance or failure to Perform orchitect. engineer. or surveyor professional services. We explain what we mean by architecr. anginaer. or surveyor proftssional services in the Contract Ifability axrlucion. Other Insurance. We'll consider this Insurance to bo primary to end non- contributory with the Insurance issued directly to the additional protected* persons if. • Your contract with that person or organization specifically requires that we consider this insurance to be primary or primary and rmn-contributory fnsurancv,, or • you request before a lots that wa consider this insurance to be primary or primary ano non-contrlbutory insurance. other Terrm All other forma or your policy rymaln tree same. - -----sue' L01ZC Ed &-)8 Printld In U.S.A. Endoraemant *St_Poul Pre and Marine Insurance CO.1998 All Rights Reserved Pete t of 1 ** TOTAL PPaE.Ol CERTIFICATE OF COVERAGE EMPLOYER: This official certificate of industrial insurance coverage is in lieu of a policy. It remains in effect until your account is officially closed. There is no limitation of benefits- You are required by law to post ' both this certificate and copies of the posters listed below_ You will soon be Tmeiuing, L-coPy of each- If you,require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services-__ _.. _. -6-Job Sgefy and Health Protecti6n (available in Spanish) * Your Rights as a Worker/Family Care Department of Labor & Industries . Notice to Employees PO Box 44144 Olympia WA 985044144 WORKER: The employer named below is an insured policyholder with www.LNI.wa.gov the Washington State Industrial Insurance Trust Fund. 'S 9 r l!7 Policy Effective Date O Location EA Fl THI: t J R Employer a2': - r�E 74TH ST S T E �.IE CAS_—AP1A nIUC_-r SEATTLE WA 98115 EAR THCOPPS `3 1 "' NE 74TH Si" S rE 2,o 1 t_ CErAT :"LC W/� 81 15 =Your Unified Business ldcn6ficr is the only numhcr you need to discuss your business ucccrunt with the Wa hington state depmnent_; c Revenue, licensing, Employment Security, Ubor and lndustrics and the Office of the Secretary of .Smin. Other state licenses or registration may ix required for pmpcyr licensing of your business. Rtt•laLh(1(y�] ------------------------------ ---------- —----------------------------- — --- ----- Verify Premium Status - L&I - Washington Department of Labor and Industries Page I of 2 Verify Premium Status Of your contractor or other employer Employer Liability Certificate Check to see if this business is registered as a contractor with LNI. Review Experience Factor History for this business. Department of Labor & Industries Employer Liability Certificate Date: 2/ 17/ 2004 UBI Number Legal Business Name Firm Account Number "Doing Business As" (DBA) Name Quarterly Premium Reports Received Through Employer Industrial Insurance Status Team Number Account Manager 601 459 107 CASCADIA QUEST 842,300-00 EARTHCORPS Quarter 4 of Year 2003 Account is Current Firm has voluntarily reported and paid their premiums. T3 / ADRIANNE PITTS (360)902-4801 The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW51.12.050 and 51.16.190.) Note: Under Washington State law*, you may be liable for the unpaid industrial insurance (workers' compensation) premiums of anyone you contract with. (*See RCW 51.12.070.) Try a new Search L&I Home I Claims & Insurance I How to Verify Premium Status Use of this Web site, its applications and connections subject to L&I Web Usage Policy, including https://wws2.wa.gov/lnl/crua/crual.asp?Acctld=84230000 02/17/2004 From: Christian Munter To: Stenning, Liz Date: 02/17/2004 2:12:01 PM Subject: Re: Renton planting estimate Liz, Attached is a copy of the contract and Exhibit A. Please review and if acceptable, print out two copies, sign, and mail back to me. In addition to signing the contract, there is an Affidavit of Compliance that needs to be signed as well. Once approved, I'll mail you back an original. Thanks Chris Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7205 Fax: 425-430-7241 cmunter@ci.renton.wa.us >>> "Liz Stenning" <liz@earthcorps.org> 02/17/2004 12:41:45 PM >>> Chris, This is the revised spreadsheet. will start the planning of the projects this week so we are ready to go. Thanks for being on top of this Liz Stenning Field Operations Director EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 (206) 322-9296 X 207 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2004, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank/Elliot Spawning Channel 2004 Habitat Planting WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EardiCorpPlantContract.doc I II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4,and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doe 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. ry OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. v TUAE OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 3 VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit A, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit A. Payment for this work shall not exceed $17,684.37 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit A and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit A are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit A, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 4 Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VH CHANGES M WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 5 or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIlVIINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERNIINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 6 In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 7 In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 8 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EARTHCORPS CITY OF RENTON Signature Date Gregg Zimmerman, Administrator Date type or print name Title ATTEST: Bonnie I. Walton, City Clerk H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 10 EXHIBIT A HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 1 I RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EardiCorps 2004\2004EardiCorpPlantContract.doc 12 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996. CITY OF RENTON: iV(ayor Attest: L City Cler RENTON CITY COUNCIL: Council President H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 13 L `l rJ!, u AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is EarthCoMs policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. EarthCoMs complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\2004EarthCorpPlantContract.doc 14 Exhibit A Page 1 of 2 City of Renton- Lower Cedar River Left Bank/Elliot Spawning Channel Planting 2004 Proposal for: Christian Mun_ter Prepared by EarthCorps 6310 ONE 74th St, Suite 201E Lower Cedar River _ Seattle, WA 98115 206,322.9296 206.322.9312fax Date: February 2004 Ism 09MENSMAIA, Work Item # Width (see attached Unit Cost per Assumptions/Notes: Paul Assumptions/Notes: Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Conrecode EarthCorps Immediately north (downstream) of ei Boeing bridge to large South Bo Replacement with native plants, Prior inasive removal, wi wi complex willow trees, just south including groundcovers, shrubs, mulching, bank (upstream) WDFW fisheries and tree species. Staking along stabilization, and some monitoring station. bank. Optimal planting Jan -Feb native planting. Poor Left Bank Segment 1 150 40 6000 04. soil, little tree canopy. 710 $0.40 $2,400.0 Planting Subtotal $2,400.0 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the Replacement with native plants, Prior inasive removal, end of Segment 1 (above). The including groundcovers, shrubs, mulching, bank floodwall angles west, the bank is and tree species. Staking along stabilization, and some wider, and the floodwall is replaced bank. Optimal planting Jan -Feb native planting. Poor by a chain -link fence. '04. soil, little tree canopy. Segment 2 600 30 18000 Planting 700 $0.20 $3,600.0 Subtotal $3,600.0 Prior inasive removal, Continuing north (downstream), the Replacement of failed willow mulching, bank floodwall begins again, and the staking along bank. Additional stabilization, and some bank narrows. This segment eplacement planting with native native planting. Poor Segment 3 extends to the end of the floodwall. 930 8 7440 plants, including groundcovers, soil, little tree canopy. _ shrubs, and tree species. Optimal Prior willow staking planting Jan -Feb '04. unsuccessful due to Planting 710 $0.40 $2,976.00 bank hei hth. Subtotal i 1 $2,976.0 Subtotal $8,976.00 Field Project Management & Supervision (7% of Total) $628.32 $897.60 _ _ _ Project Administration (10% of Total) _ _ Materials Handling Fee (10% of Total) N/A _ Mileage N/A TOTAL FEE $10,501.92 2004 Cedar River Riparian planting.xls EarthCorps 02/17/2004 Exhibit A Page 2 of 2 City of Renton- Lower Cedar River Left Bank/Elliot Spawning Channel Planting 2004 Proposal for: Christian Munter Prepared by EarthCorps Elliot Rear! ng/Spawning Side Channel 6310 NE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312 fax Date: February, 2004 Work Item # Width (see attached Unit Cost per Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Assumptions/Notes Supplemental native plantings. Species include native groundcovers, shrubs, and trees. Upstream end of side -channel (at Segment 1 ri rap weir) to road crossing.550 30 16500 710 $0.20' $3,300.00 200.00 Native staking along banks. No planting in landscape fabric areas. Includes deer tolerant species. Plantin Deer Protection Subtotal From road crossing to first downstream bend (-90 degrees), about 150 feet downstream of road Segment 2 crossing. - 150 15 2250 Supplemental native plantings. Species include native shrubs, and trees. Native staking along banks. Width measurement and number of plantings is for both banks. Planting 710 $0.63 $1,417.50Includes deer tolerant species. Deer Protection $100.00 Subtotal Supplemental native plantings. Species include willow staking on From confluence of small tributary to right bank and native shrub and Elliot Side -Channel (at about the mid trees on left bank. Width point of the side -channel) to 120 ffet measurement and number of downstream, or first bend (-90 plantings is for both banks. Segment 3 degrees) 120 20 2400 Includes deer tolerant species. rm-an-ting 710 $0.63 $1,512.00 Subtotal $1,512,00 Subtotal of subtotals $6,529.50 Field Project Management & Supervision (7% of Total) $457.07 $652.9 Project Administration (10% of Total) _ N/A Materials Handling Fee (10% of Total) N/A Mileage TOTAL FEE $7,182.45 2004 Cedar River Riparian planting.xis EarthCorps 02/17/2004 ACORD CERTIFICATE OF LIABILITY INSURANCE DAT/ 06/04/Oa/2003003 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh Advantage America Phone: 509-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P- 0. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Spokane, 4A USA 99210-2151- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marsh Advantage America is a service of Seabury & Smith, Inc. INSURED EarthCorpps 6310 NE 74th St. Ste 201E (Seattle, WA 98115 INSURERS AFFORDING COVERAGE IWSURER A St. Paul fire an —marine Insurance Company - — INSURER S. INSURER C: INSURER D' INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A90VE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR _.�.,..... �...,.. �-..� nr\i ,r,cc ncc r•o,o Cn1 Wr:MIZIM IC CI IP, IFr-r Tr) Al 1 TT -IF TFRMS FXCI USIONS AND CONDITIONS OF SUCH mhI rrs, ryr�, rr,�nvvr,r•r.v�.-. �..��-��• ••.� _-_.-__-__._ POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA)D CLAIMS- - POU EFFEC rVI Fd-L QPIRAnoN wTq TYPE OF INSURANCE POLICY NUMDCA MWEID/YY DATE MWOD U'`A� GENERALUA0IUTY CK019014S1 05/12/2003 05/12/2004 EACH OCCURRENCE — E——1�000,000 A X COMMERCIAL GENERAL LIABILITY PRE DAMAGE (Any one 11m) E _ 100,000 CLAIMS MADE X OCCUR ❑ - �\ ! MED EXP (Any one Derson) PERSONAL & ADy INJURY - X STOP GAP LIABILITY � � 1 1� S 1, 000, OOC l/ _-.— GENERALAGGREGATE_ 1� S 2,000,00C _ PRODUCTS • COMPrOP Afl0 S 2. 000.ODC GEN'L AGGREGATE LIMIT APPLIES PER; X POLICY PRO- jFCTLOC A AUTOMOBILE UA1pLfTY CK01901451 05/12/2003 05/12/2004 COMBINED SINGLE LIMIT ° 1,000,OOC (Es accident) x ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) _ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY E X NON -OWNED AUTOS - -- - - - - PROPERTYDAMAGE I(Per accident) E t GARAGE LIABILITY AUTO ONLY EA ACCIDENT S _ ANY AUTO I OTHER THAN EA ACC E- _•, AUTO ONLY: AGG E A ExcEsSL1ARILm CK01901451 05/12/2003 05/12/2004 1 EACH OCCURRENCE — E 1,000.00( AGGREGATE ____ - ( X OCCUR CLAIMS MADE S 1,000.00( — ------ PROD COMP/OPS AGG - E 1.000,00( _ _ _ - - - IDEDUCTIBLE E .. - • - - - - - X RETErrnON s 10,000 E WORKERS COMPENSATION AND II RY IMfT'S ER TOO A U• _ -_- E7MPLOYE315 UA®U IT E.L. EAC ACCIDENT S ._ E.L DISEASE. EA EMPLOYEE E --_ E.L DISEASE - POLICY LIMIT I E OTHER CK01901451 05/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE: SZSO A HIRED AUTO PHYSICAL DAMAGE COLLISION DEDUCTIBLE: S500 LIMIT: $50,000 omcnwnoN OF oPEAAnONS&OCATIOHSNEHCLMEICLUSION3 ADDED BY ENDORSEMCNTISPEICIAL PROVISIONS City of Renton is additional insured as respects operations of named insured for the City of Renton CERTIFICATE HOLDER I I ADOmONAL City of Renton Dcpt of Surface Water Udllties Cbristiart :blunter loSS S. Crady Way, Sth Floor Renton, WA 98055 IN9uRER LETrVR: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES RE CANCELLED BEFORE THE EXPIRATION DATE THRREOF, THE wINSURER WILL ENDPAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FALURE TO DO SO SHALL IMPOSE NO OBUGAnON OR UABIUTY OF ANY KIND UPON THE INSURER, rTS AGENTS OR REPRESENTATIVES: Marsh Advantage America, a /�service of Seab 6 Smith By: 1 _./ I..-_ -V — ACORD 25-S (7/97) @ ACOR ORPORATION 198 06/18/2003 16:57 FAX 2063229312 EARTHCORPS N IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-9 (7197) Uz$/U:)/LUUJ 10:00 rAA ZUDJ44UJ14 LAnInk.vnrJ AUG, 1. 2003 6:07AM 18-I'SEAHURY SM17H MARSH 1313 559 2299 TO 91MS(Ma:NG. 0054 p,,P 4/6 ADOMIDWAL PROTEMa PERMS - DTHER INSURANCE %KStq" EMMRSEIItEliti .::s LIR 0 _v 3 sa, w This endorsement changes your Commercial General Liability Protectlon. NOW Cevenpe Its Changed The following re added to the Who 1s Protected Under This Agrooment at,ct;om This chang® broadens coverage. Persaoa or eWnIzallem required under tanhd or agrI&MOL We'If protecr any person or organization that You are reCuirad to add as an additional protactad person under: • a written contract of agreement: or • an oral agreement or contract whore e certificate of Insurance showing that person or erganrzat;on as an additional protected person has been Issued The written or oral contract or agreement Must be: • currently In affect or becoming effective during the term of this poliCy; and • executed prior to the injury or damage. Coverage provided by this endorsement is limited a1 folloWS; 1. That person or orgen173tion is a protected person with respect to liability resulting from- * premis■e you own, rent, lease_ or occupy; or • your work for that protected person by or for you. 2 The fifirts of coverage applicable to the protecteg person are those saectfred in the written contract or agreement or In the Covarogt Summary, whichever are Iepe. These limits of coverage are Inclusive of and not in addition to the limits of in:surence shown In the Coverage Summary. The Insurance provided to the protected person doesn't apply to Injury or damage that r•svlty from on architect's, anginaer's, or surveyor's performance or failurt to perform architect, engineer, or surveyor professional services, We explain what wb mean by srch;tacr, engineer. or surveyor professional Services in the Contract lrability axzlucion. Other Insurance. We'll conalder this insurance to ba primary to end non- contributory with Cho Insurance issued directly to the additional protect*wporsont: if. Your Contract with that oerson or organization specificarly requires that we consider thlS ;nSurnnce to be primary or p6rmary and rion-conmioutory fnsurancr, or • you re,quest before a lots that we Consider this insurance to be primary or primary and non-contributory insurance. Other Terms All other forma of your policy rgmaln the same. L0120 Ecl, e-88 Printed In U.&A- Endoraemant ekst_paul Fire and Marine Insurance Co,1998 All Rights Reserved page t of 1 ,k* TOTAL PA3E.01 _ -------------------------------------- -----------------_ -. --_. -------.-_-------^---�_— I -._ CERTIFICATE OF COVERAGE EMPLOYER: This official certificate of industrial insurance coverage .0 is in lieu of a policy_ It remains in effect until your account is officially - a closed. There is no limitation of benefits. You are required by law to post ,d both this certificate and copies of the posters listed below. You will soon ... ...be:lecei-ving, I -copy of each. if -you, require additional copies, call Labor r Insurance Services Division and Industries at 360-902-4817. Employer Services. _ _ . -- -arJob Safefy and Health Protection (available in Spanish) • Your Rights as a Worker/Family Care Department of Labor & Industries tr Notice to Employees PO Box 44144 Olympia WA 98504-4144 WORKER: The employer named below is an insured policyholder with www.LNI.wa.gov the Washington State Industrial Insurance Trust Fund- U131' br)' `? 107 Policy Effcetrvc Date r>1; 1_;s93 Location EAFiTHCORPS EM21over a-?i;: h4E 74TH :?,T STE _:lE CASSADIA ouE&-r SEATTi_E WA,, 98115 EAR THCOPPS NE i`4TH ST S rc Zzo I E SEATTLC t:/ @1 15 =Your Unified Business Identifier is the only numhcr you need to discuss your business uccount with die Washington state deparunenLi c Revenue, licensing, Employment Security, Labor and tndustrics and the Office of the Secretary of Stan. Other state licences or registration may be required for pmpar licensing of your business. j'21 I. Ia 1XMWI (n) ------------------------------------------^---------^_^__-------------------- :..e — . Verify Premium Status - L&I - Washington Department of Labor and Industries Page 1 of 2 Verify Premium Status Of your contractor or other employer Employer Liability Certificate Check to see if this business is registered as_a contractor with L_NI. Review Experience Factor History for this business. Department of Labor & Industries Employer Liability Certificate Date: 2/17/2004 UBI Number Legal Business Name Firm Account Number "Doing Business As" (DBA) Name Quarterly Premium Reports Received Through Employer Industrial Insurance Status Team Number Account Manager 601 459 107 CASCADIA QUEST 842,300-00 EARTHCORPS Quarter 4 of Year 2003 Account is Current Firm has voluntarily reported and paid their premiums. T3 / ADRIANNE PITTS (360)902-4801 The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW51.12.050 and 51.16.190.) Note: Under Washington State law*, you may be liable for the unpaid industrial insurance (workers' compensation) premiums of anyone you contract with. (*See RCW 51.12.070.) Try a new Search I L&I Home I Claims & Insurance I How to Verify Premium Status Use of this Web site, its applications and connections subject to L&I Web Usage Policy, including https:Hwws2.wa.gov/lni/crua/crual.asp?Acctld=84230000 02/17/2004 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 17, 2004 TO: Michael Webby, HR&RM FROM: Chris Munter, x7205 N� SUBJECT: Insurance Certificate - EarthCorps Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat/Elliot Spawning Channel 2004 Planting Contract. Please let me know if additional information is needed. Thanks. Enclosure HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27 2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\InsCertMemo02172004.doc\CMtp ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MwDD" 06/04/2003 PRODUCER Marsh Advantage America Phone: 509-358-3800 P. O. Box 2151 Spoka,e. VA USA 99210-2151- Harsh Advantage America is a service of Seabury & Smith, Inc - INSURED EarthcorGGs 6310 NE 74th St. Ste 201E Seattle, MA 98115 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFUHMA I ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR wr -rcn 'V- nn,rCn ACC ACCnnr F-r't MV TLIL Dr%I lr IFC RFI OW INSURER A: St. Pa INSURERS AFFORDING COVERAGE U1 Flre and marine Insurance Company INSURER B. INSURER C: _. INSURER D' -- •' '— _-- _ INSVRER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY FEFiA1N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH nn, ,r,co wccorr_ATc r nm-rc cunwm may NAVE RFFN RFrn)CFD BY PAID CLAIMS_ LTA TYPE OF INSURANCE POtJCT NUMOEA EFFECTIVE Mwnwi Y POUCT IPIRA N DATE MOO UMR9 A GENERALUA9IUTY CK019014S1 05/12/2003 05/12/2004 EACH OCCURRENCE— Is —J000,000 X COMMERCIAL GENERAL UABIL(TY FIRE DAMAGE (Any one IUB) E _ 100,000 CLAIMS MADE � OCCUR - �r\ MED EXP (Any one person) E — 5,000 PERSONALl1ADVINJURY E_ �1,000,000 x STOP CAP LIABILITY �(��, �J GENERALAGGREGATF S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: E 2.000.000 PRODUCTS - COMP,OP ADO X POLICY STST LOC A AUrOM081LE UABHA'Y CK01901451 05/12/2003 05/12/2004 COMBINED 31NOLE LIMIT a 1, DOD. DDD (E3 aaidenl) X ANY AUTO BODILY INJURY ALL OWNED AUTOS 1 I (Per person) -- _ SCHEDULED AUTOS 1 I BODILY INJURY X HIRED AUTOS S (Por—cidml) x NON -OWNED AUTOS PROPERTY DAMAGE E I (Per atdcenq GARAGE UAD UTY I AUTO ONLY EA ACCIDENT S _ ANY AUTO I OTHER THAN EA ACC S- _ AUTO ONLY: AGG S A EIIcESS LIABILITY CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE S 1,000.000 _ AQOREOATE _ _ x OCCUR � CLAIMS MADE 1,000.000 E ----- PROD COMP/OPS AGG S 1.000,000 I DEDUCTIBLE x RETEIMON S 10,000 E YwC IO WORKERS COMPENSATION AND M O1 RY rM ES E.L. EAC ACCIDENT E)MPLOYEiiS UA®UTY S E.L DISEASE - EA EMPLOY S E.L. DISEASE - POLICY LIMIT FS A OTHER HIRED AUTO PHYSICAL DAMAGE CK01901651 05/12/2003 05/12/2004 CO►tPREHENSIVE DEDUCTIBLE' S250 COLLISION DEDUCTIBLE: S500 LIMIT: E50,00D DE&CRIP'TION OF OPEPATIONSILOCAlIONSNEHICLESlEYGLUbTEMS AOUEU UT tNWNS OdCr/1rJr[vA<r,avv ur�ry City of Renton iS additional insured aS respects operations of named insured for the City of Renton CERTIFICATE HOLDER ADDMONAL INSURED: INSURER LET MA: CANCELLATION C;ty or Renton Dcpl urSurface Water Utilities Christ 'Nlunter 1055 S. CrRdy Wey, Sth Floor Renton, WA 98055 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E PIRATION DATE THeREOF, THE w INGURIM WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATTON OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES marsh Advantage America, a service of SeaDb & Smith By: f . fl 0 ACORIWORPORATION 1988 vvlxvl LVVJ 1V J( 1:1.1 tv Vvlt✓J1a, a+t,��i �i�va�♦J VZ IMPORTANT It the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may l require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. l I i ACORD 25-S (7/97) ,IS _U d r-9 ADOMONAL PRQTFCM pERSnNs . ()T11FR INaURAMCf QttUORSFNF T Thls onCorsemcnt chongus your Cor„mcrclal Ganernl Liability Proteetlon. Halo Cevenpe is Chaoged The following is ariced to the Who lS Protected Under This Agraemant ttrction_ This change broaderts cover;290. Pekoes or ttrpaniratiem MtIlre0 UAder tonGtN Or aprrWIML We'II protect any Gerson or organization that You are reduirad to add is an additional pratuctad person under: • e written conlrect or agreement: or • an oral agreement or contract where a cvrtificety of insuraanco showing that persoM or organlzat;on as an aodlt;onnt protected pfirson hav baon lasua The written or oral contract or agreement Must be: • currantty In affect or becoming effective during me term of this pDllcy,, and • executed pricy to the injury or damage. COvtrage provided by this endorsement is limited aJ follOW9: 1_ That person or orgpnlzarlon is a protected person with respect to liability resulting from: • promis.y you own, renL lease_ or occupy; or • your work for that protected percort by or for you. 2 The limits of roverftge appticabie to the protected person are thoao specified in the written contras or agreement or in the Coverage Summary, whichever ere IDJR- Tnese limltV of Goveraage arm InclLalve of and not in oddition to the limits of insurance shown In the Coverage Summary. The Insurance provided to the protected person dooerl't apply to Injury or damagc that restllty from on archltsct's. onginear's, or surveyor's porformence or failure to perform architect, engineer. or surveyor profesalonel aervicet. We explain what we, mean by architecr, ongin•tr, or surveyor professlonol serVlCas in the Contract Irzblliry exclusion. Other insurance, We'II conaldsr this insurance to ba1.primary to end non- contributory with tho Insurance isoued directly to the addirionnl protected-Dorsonsr if- • Your contract with that Derson or OrgoniYetion specifically requir" snot we ConSider this insurance to be primary or primary and ocon-rormiourory fmurancr, or • you request Defoe a lots shot we consider this i- n suraco to bo primary ar primary ano ron-contributory inaurarco- 01her Term3 All otAar forms of your policy rpmsln the same. t.0110 Ed, a-f18 Printed In U.S./L Endorsemarrt *St_Paul Pre and Marine lnsu.anca Co.T998 All Rights Reserved Fine t of 1 ** TOTRL. PACIZ.Oi *a _____________-.______________-__________—__�_____________ CERTIFICATE OF COVERAGE EMPLOYER: This official certificate of industrial insurance coverage o is in lieu of a policy. It remains in effect until your account is officially closed. There is no limitation of benefits. You are required by law to post both this certificate and copies of the posters listed below- You will soon .... be feceiving. I.copy of each- if -you, require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services_ _ _ . _ - -d-Job Safefy and Health Pr6tecti6n (available in Spanish) • Your Rights as a Worker/Family Care Department of Labor & Industries • Notice to Employees PO Box 44144 Olympia WA 985044144 WORKER: The employer named below is an insured policyholder with www.LNl.wa_goy the Washington State Industrial Insurance Trust Fund. U131' 6r) t ---9 107 Policy Effcctive Date Location ET i4THr:URF Em lover a_? t•1F 74TH ;ST STE = 1 E CAS --AD IA nc uE _f SEATTLE WA 98115 EARTHCOPPS NE 7 4TH ST SEE ?cj 1 c SEATrLl- W/ 71g11S =Your Unified Business ldcntificr is the only numhcr you need to discuss your business account with die Wa.hippon stile deparunent_s c Rcvcnue, licensing, Employment Security, labor and lndtutrics and the Office of the Secrctary of Siam. Other state license- or registration may be rcquired for prnper liccnsing of your btisincss. iZ 11.1 a I-(M1WU7j Verify Premium Status - L&I - Washington Department of Labor and Industries Page 1 of 2 Verify Premium Status Of your contractor or other employer Employer Liability Certificate Check to see if this business is registered as a contractor with LNI. Review Experience Factor History for this business. Department of Labor & Industries Employer Liability Certificate Date: 2/ 17/ 2004 UBI Number Legal Business Name Firm Account Number "Doing Business As" (DBA) Name Quarterly Premium Reports Received Through Employer Industrial Insurance Status Team Number Account Manager : 601 459 107 CASCADIA QUEST 842,300-00 EARTHCORPS Quarter 4 of Year 2003 Account is Current Firm has voluntarily reported and paid their premiums. T3 / ADRIANNE PITTS (360)902-4801 The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW51.12.050 and 51.16.190.) Note: Under Washington State law*, you may be liable for the unpaid industrial insurance (workers' compensation) premiums of anyone you contract with. (*See RCW 51.12.070.) L&I Home I Claims & Insurance I How to Verify Premium Status Use of this Web site, its applications and connections subject to L&I Web Usage Policy, including https://wws2.wa.gov/lni/crua/crual.asp?Acctld=84230000 02/ 17/2004 From: "Liz Stenning" <liz@earthcorps.org> To: "Christian Munter" <Cmunter@ci.renton.wa.us> Date: 02/11/2004 12:39:56 PM Subject: maintenance estimate Chris, I have put together an estimate for the three sites for 2004. This work would mainly happen in the dry summer months to ensure the plant survivorship of what gets planted this winter. This work doesn't include removing invasives in new patches. If you want us to take on new areas along the Mouth, we could add more days to this cost estimate. Let me know how this looks to you. I haven't been out to the sites since before the New Year. I'm curious to see how everything looks. Have you been out? I'll be in meetings this afternoon, but I'll try to reach you by tomorrow -Liz From: "Liz Stenning" <liz@earthcorps.org> To: "Christian Munter" <Cmunter@ci.renton.wa.us> Date: 02/11/2004 8:12:43 AM Subject: Cedar River work Chris, I am now back at work and have time to respond to all of my emails. I'm sorry it took a little time to get back to you. I am sending you the planting proposal for the three sites. My thought is that we could plant in Feb/March and some in the Fall as well if it is difficult to find plants. I am working on the maintenance scope of work for the sites as well. I will include weeding/invasive removal and watering of the sites. This work would be done from roughly May -September to ensure plant survivorship. I will try to get that out to you by today. There is still about 3K of work to be done at the Mouth site and my plan is to do that work later in March/early April. I'll be in the office most of the day, in meetings from 1-3. Talk to you soon. Liz Stenning Field Operations Director EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 (206) 322-9296 X 207 From: Christian Munter To: Stenning, Liz Date: 2/4/04 8:55AM Subject: Re: projects updates Liz, Happy New Year to you as well, although it's already February. Thought I would wait till you got back to discuss the contracts, I was gone for a while as well and focusing on other projects. I believe we still have around $3,000 work left on the Lower Cedar River west bank as far as maintenance goes. Regarding new contracts, I still have your estimate of $10,501 for planting the Lower Cedar River west bank. Do you want to change it or is it still good? Other contracts I'll need numbers for are maintenance at the Maplewood revetment and Elliot Spawning Channel and planting at the spawning channel as well. Let me know if that's what you were thinking as well and we'll get these contracts out ASAP so you can schedule the work. Thanks. Chris Christian D. Munter, P.E. Surface Water Utility City of Renton 1055 S. Grady Way - 5th Floor Renton WA 98055 Phone: 425-430-7205 Fax: 425-430-7241 cmunter@ci.renton.wa.us >>> "Liz Stenning" <liz@earthcorps.org> 01/14/04 02:25PM >>> Chris, Welcome to the New Year I want to check in about updates on projects and contracts. Do you foresee us able to get a planting contract set up so we can plant before the end of March, or the end of the planting season? I will be in the office for the rest of today and tomorrow, but I am leaving on Friday, 1/16 through 2/3, so I wouldn't be able to work on it until after I get back. In my absence, please contact Su Thieda, Programs Director. suCd�earthcorps.orq <maiIto: suCd�earthcorps.orq> or 206.322-9296 x 202. Talk to you soon. -Liz Liz Stenning Field Operations Director From: "Liz Stenning" <liz@earthcorps.org> To: "Christian Munter" <Cmunter@ci.renton.wa.us> Date: 11/19/03 2:56PM Subject: 2004 planting estimates Chris, I have come up with revised planting estimates. I have not estimated maintenance into the cost since I thought we would draw up a separate contract for maintenance of the sites in 2004. 1 haven't included specific species in the estimates. Instead I determined the plants based on square footage. We will plant species which have done well, native to the sites, and deer resistant. Let me know what you think. What is your availability next week for a walk through of the Mouth of the Cedar River site to show our progress to date? Liz Stenning Field Program Coordinator 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 (206) 322-9296 X 207 City of Renton -Cedar River Riparian Planting Cost Estimate Winter 2004 Proposal for: Christian Munter Prepared by EarthCorps Lower Cedar kwer 6310 NE 74th St, Suite 201 E Seattle, WA 98115 206.322.9296 206.322.9312fax Date: November, 2003 Work Item # Width (see attached Unit Cost per Assumptions/Notes: Paul Assumptions/Notes: Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Conrecode EarthCorps Left Bank Segment 1 Immediately north (downstream) of South Boeing bridge to large complex of willow trees, just south (upstream) of WDFW fisheries monitoring station. 150 40 6000 710 $0.40 $2,400.0 Replacement with native plants, including groundcovers, shrubs, and tree species. Staking along bank. Optimal planting Jan -Feb '04. Prior inasive removal, mulching, bank stabilization, and some native planting. Poor soil, little tree canopy. Planting Subtotal $2,400.0 Continuing north, the next segment Segment 2 begins 300 feet north (downstream) of the willow complex that is at the end of Segment 1 (above). The floodwall angles west, the bank is wider, and the floodwall is replaced by a chain -link fence. 600 30 18000 $3,600.0 Replacement with native plants, including groundcovers, shrubs, and tree species. Staking along bank. Optimal planting Jan -Feb '04. Prior inasive removal, mulching, bank stabilization, and some native planting. Poor soil, little tree canopy. Planting 700 $0.20 Subtotal $3,600.0 Prior inasive removal, Continuing north (downstream), the Replacement of failed willow mulching, bank floodwall begins again, and the staking along bank. Additional stabilization, and some bank narrows. This segment eplacement planting with native native planting. Poor Se ment 3 extends to the end of the floodwall. 930 8 7440 plants, including groundcovers, shrubs, and tree species. Optimal soil, little tree canopy. Prior willow staking planting Jan-Feb'04. unsuccessful due to Planting 7101 $0.40 $2,976.00 bank hei hth. Subtotal $2,976.00 Subtotal $8,976.00 Field Project Management & Supervision (7% of Total) $628.32 Project Administration (10% of Total) $897.60 Materials Handling Fee (10% of Total) f�' r1 e S�ww l;. = N/A Mileage N — T TOTALFEE 13 Z �3.93 $10,501.92 2004 Cedar River Riparian planting.xls 11/24/2003 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 25, 2004 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director Utility Systems Divisio 4t FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Lower Cedar River West Bank/Elliot Spawning Channel Habitat Mitigation, EarthCorps 2004 Contract fM481% The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization, meet mitigation goals for plant cover, as well as cover for salmonids and riparian zone habitat for wildlife. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to plant mitigation vegetation along the Lower Cedar River (west bank) and the Elliot Spawning Channel in the amount of $17,684.37. Project funding ($292,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2004 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide habitat plantings along the lower west bank of the Cedar River and Elliot Spawning Channel to replace vegetation, that was planted as a mitigation requirement for the USACE Cedar River Section 205 Project, lost due to deer, February 25, 2004 Page 2 weather, and invasive plant species. The locations of the plantings are as detailed on the attached exhibits. The existing planting for the areas have not produced the necessary native plant cover and desired suppression of invasive species as required by permits. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope of work (attached) and will be accomplished through September 30, 2004. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects' CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\IssuePapContract.doc\CM\tb CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 25, 2004 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director Utility Systems Divisio FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Lower Cedar River West Bank/Elliot Spawning Channel Habitat Mitigation, EarthCorps 2004 Contract ISSUE: The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization, meet mitigation goals for plant cover, as well as cover for salmonids and riparian zone habitat for wildlife. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to plant mitigation vegetation along the Lower Cedar River (west bank) and the Elliot Spawning Channel in the amount of $17,684.37. Project funding ($292,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2004 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide habitat plantings along the lower west bank of the Cedar River and Elliot Spawning Channel to replace vegetation, that was planted as a mitigation requirement for the USACE Cedar River Section 205 Project, lost due to deer, February 25, 2004 Page 2 weather, and invasive plant species. The locations of the plantings are as detailed on the attached exhibits. The existing planting for the areas have not produced the necessary native plant cover and desired suppression of invasive species as required by permits. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope of work (attached) and will be accomplished through September 30, 2004. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects' CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2004\IssuePapContract.doc\CvI\tb CONTRACT CHECKLIST STAFF NAME & EXTENSION NUMBER: Chris Munter / Extension No. 7205 DIVISION/DEPARTMENT: Utility Systems / PBPW CONTRACT NUMBER: TASK ORDER NUMBER (if applicable): CONTRACTOR: EarthCorps PURPOSE OF CONTRACT: EarthCorps crews will provide habitat plantings along the lower left bank of the Cedar River and Elliot Spawning Channel as mitigation for the USACE Cedar River Section 205 Proiect 1. LEGAL REVIEW: (Attach letter from City Attorney) N/A, Standard City Contract 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter) Yes, see attached. 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) N/A 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original) Yes, see attached. 5. CITY BUSINESS LICENSE NUMBER: 601459107 (Call Finance Dept.) 6. ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: Yes. (If not, provide explanation) 7. FISCAL IMPACT: A. AMOUNT BUDGETED: (LINE ITEM) (See 8.b)* $292,000.00 B. EXPENDITURE REQUIRED: $17,684.37 8. COUNCIL APPROVAL REQUIRED: (Prepare Agenda Bill): N/A A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee over $10,000.) 9. DATE OF COUNCIL APPROVAL (if applicable): N/A 10. RESOLUTION NUMBER (If applicable): 11. KEY WORDS FOR CITY CLERK'S INDEX: N/A A. Cedar River/Elliot Spawning Channel B. EarthCorps HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\ContractChecklist2.doc Rev:3/97 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2004, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank/Elliot Spawning Channel 2004 Habitat Planting WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. CADocuments and Settings\lizTocal Settingffempomry Internet Files\OLK520\2004EarthCoTpPlantContract.doc II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington .State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics, except hydrologic analysis as described in item 14. 7. Washington State.Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4,and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." CADocuments and Settings\liz\Local Settings\Temporary Intemet Files\01K520\2004EarthCorpPlantContract.doc 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by. the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein.. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContmct.doc YI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit A, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit A. Payment for this work shall not exceed $17,684.37 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit A and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit A are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone; supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit A, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times . the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate . additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. CADocuments and SettingsViz\ =al SettingsWemporary Intemet Files\OLK520\2004EarthCorpPlantContmct.doe Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect .to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorp Plan tContract. doc or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through. their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this. Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. CADocuments and SettingsViz\Local Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantContract.doc In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. X11I DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. CADocuments and Settings\1iz\Loca1 Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except . as limited below. The Consultant shallsecure general liability, :property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration pages) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of.A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. CADocuments and Settings\liz\Local Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantContract.doc XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Ag>eement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or_ unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. CADocuments and Settings\liz\Local Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantContract. dcc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. �.. . Signature 'Date type or print tax CITY OF RENTON regg i Administrator Date ATTEST: Bonnie I. Walton, City Clerk CADocuments and SettingsViz\Local SettingsUemporary Internet Files\OL,520\2004EarthCorpPlantContract.doc 10 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected: classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the . Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. C:\Documents and Settings\liz\Local Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantCon tract. dcc 12 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: Mayor ,Attest: City Clerl RENTON CITY COUNCIL: Council President CADocuments and Settings\liz\L.ocal Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantContract.doc 13 TY 1 O O� AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) It is EarthCorps ( Name of contractor/subcontractor/consultant/supplier) policy to offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. H. EarthCorps complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/con sultan t/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's ame d Title an 6D, Agen epresenta Signatur Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. CADocurnents and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc 14 Exhibit A Page 1 of 2 •O W N City of Renton- Lower Cedar River Left Bank/Elliot Spawning Channel Planting 2004 Proposal f Munter Prepared by EarthCorps Lower Cedar River 1631ONE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312fax Date: February 2004 Work Item # Width (see attached Unit Cost per Assumptions/Notes: Paul Assumptions/Notes: Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Conrecode Replacement with native plants, EarthCorps Prior inasive removal, Immediately north (downstream) of Boeing bridge to large South Boei including groundcovers, shrubs, mulching, bank willow trees, just south complex of willow and tree species. Staking along stabilization, and some (upstream) WDFW fisheries bank. Optimal planting Jan -Feb native planting. Poor Left Bank Segment 1 monitoring station. 150 40 1 6000 04. soil, little tree canopy. Plantin1 710 $0.40 $2,400.00 Subtotal 1 $2,400.00 Continuing north, the next segment begins 300 feet north (downstream) Replacement with native plants, Prior inasive removal, of the willow complex that is at the including groundcovers, shrubs, mulching, bank end of Segment 1 (above). The and tree species. Staking along stabilization, and some e bank is floodwall angles west, the bank. Optimal planting Jan -Feb native planting. Poor wider, and the floodwall replaced 04. soil, little tree canopy. Segment 2 by a chain -link fence. 600 30 18000 Planting 700 $0.20 $3,600.00 Subtotal $3,600.00 Prior inasive removal, Continuing north (downstream), the Replacement of failed willow mulching, bank floodwall begins again, and the staking along bank. Additional stabilization, and some bank narrows. This segment eplacement planting with native native planting. Poor Se ment 3 extends to the end of the floodwall. 930 8 744011 plants, including groundcovers, shrubs, and tree species. Optimal soil, little tree canopy. Prior willow staking planting Jan-Feb'04, unsuccessful due to Planting 710 $0.401 $2,976.00 bank heighth. Subtotal $2,976 00 � , ;�,'{�'�'t'v.`J! �:;'Y,'h s 'n'��' G �� t�Cay�' '!'•"�F' Y� Subtotal 1 $8,976.00 Field Project Management & Supervision (7% of Total) $628.32 __ Project Administration (10% of Total) 7 $897.60 Materials Handling Fee (10% of Total) N/A Mileage N/A TOTAL FEE $10,501.92 2004 Cedar River Riparian planting EarthCorps 2/17/2004 Exhibit A Page 2 of 2 W N City of Renton- Lower Cedar River Left Bank/Elliot Spawning Channel Planting 2004 ra _c Proposal fo . n Munter Prepared by Eanhcorps Elliot Reartn ning Side Channel 6310 NE 74th St, suite 201E Seat0e, WA 98115 — 206.322.9296 206.322.9312fax Date: February, 2004 Work Item # Width (see attached Unit Cost per Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Assumptions/Notes Supplemental native plantings. Species include native groundcovers, shrubs, and trees. Native staking along banks. No Upstream end of side -channel (at planting in landscape fabric areas. Segment 1 riprap weir) to road crossing. 550 30 16500 Includes deer tolerant species. Planting710 $0.20 $3,300.00 Deer Protection 200.00 Subtotal From road crossing to first Supplemental native plantings. downstream bend (--90 degrees), Species include native shrubs, and about 150 feet downstream of road trees. Native staking along banks. Segment 2 crossing. 150 15 2250 Width measurement and number of plantings is for both banks. Includes deer tolerant species. Planting 710 $0.63 $1,417.50 _ Deer Protection $100.00 u oa Supplemental native plantings. Species include willow staking on From confluence of small tributary to right bank and native shrub and Elliot Side -Channel (at about the mid trees on left bank. Width point of the side -channel) to 120 ffet measurement and number of downstream, or first bend (-90 plantings is for both banks. Segment 3 degrees) 120 20 2400 Includes deer tolerant species. Planting 710 $0.63 1,512.00 Subtotal $1,512.00 $6,529.50 Subtotal of subtotals Field Project Management & Supervision (7% of Total) $457.07 Project Administration (10% of Total) $652.95 _ Materials Handling Fee (10% of Total) N/A Mileage N/A TOTAL FEE $7,182.45 2004 Cedar River Riparian planting EarthCorps 2/17/2004 City of Renton Human Resources & Risk Management Memorandum DATE: February 23, 2004 TO: Chris 1lM�,unter, Utility Systems t F� �V EP FROM: M �1J I�. Webby, HR&RM Administrator �V F' li SUBJECT: Insurance Review/ EarthCorps, Inc. WrILIO ,ys EMS R ON N S Lower Cedar River Habitat / Elliott Spawning Channel 2004 Planting Contract I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. rI DATr (MMrON" D CERTIFICATE OF LIABILITY INSURANCE i 06/04/200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 09-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE vo dvantage America Phone_ >< 2151 HOLDER_ THIS CERTIFICATE DOES NOT AMEND* EXTEND O 9— 21-1- I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ ne, WA USA 9 - h Advantage America is a service of Seabury & Smith, Inc. INSURED EarthCorppS 6310 NE 7Jth 5t. 5te 201E j5eattle, WA 98115 I INSURERS AFFORDING COVERAGE _St. Pau Fire an Mar ne Insurance Company INSURER A: - — INSURER B: .. _ INSURER C: INSURER D' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEAM E CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY FERTAIN. THE INSURANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Atl THE TEF(MS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ -- - EFFECTIVE pouG1 FAPIRATI N UIIIITS PIER TYPE OF INSURANCE POLICY NUMBER MwnDt Y DATE MWD LTR CK01901451 05/22/2003 D5/1Z/2004 EPGH OCCURRENCE t _ — J 000, 000 A GENERAL LIABILITY -_ FIRE DAMAGE (Any one Ilre) E i00,000 X cOM►�ERCIALGENERALLIABIIttt i 5.000 _ MED EICP (My one person) S CWta41dADE OCCUR -- /� UC) PERSONAL B ADV INJURY 1,000,00C X Slop GAP LIABILITY t` GENERAL AGGREGATE_ S 2,000,00C L PRODUCTS - COMP)OP AO0 i 2.000. 00( IGEITLAGGREGATE LIMIT APPLIES PER XPOLPRO LOC IC/ A AUTOMOBILE UAHLTTY X ANY AUTO ALL OWN ED AUTOS SCHEDULED AUTOS X' HIRED AUJtO5 X NoN-OWNED AUTOS GARAGE UAStUTY j ANY AUTO A E]ICESS LIABILITY X OCCUR CLAIMS MADE RX DEDUCTIBLE RETENTION i 10,000 WORKERS COMPENSATIOHAND ` pNPLOYERS7 LIABILITY j CK019014S1 05/12/2003 05/12/2004 COMBINED SINGLE LIMIT (E3 accident) S 1.000.00( BODILY INJURY (Per person) S BODILY INJURY (Pot—Cidmt) i PROPERTY DAMAGE (Per atddeoq i AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC S- AUTO ONLY: AGG S CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE -- S 1,000.00 S 1,000.00 AOGREGATE _ PROD COMP/OPS AGG S 1.000_00 S w A u- TOHY IMR3 ER E.L. EA ACCIDENT S E.L. DISEASE - EA EMPLOYEE S _ E.L. DISEASE - POLICY LIMIT S IGTHEA CK01901451 05/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE: S250 A IRED AUTO PHYSICAL DAMAGE I COLLISION DEDUCTIBLE: $500 LIMIT: S50,000 bescw,nON OF OPFpAT10N3/LOCATIONSNEHCLES#DZLUSIONS ADDED BY ENDORSGIeNT/SPEOAL PROVISIONS City of Renton is additional insured aS respects operations of named insured for the City of Renton CERTIFICATE HOLDER ADDITION lULINSURED,. INSURER tETTPn: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CAN BEFORE THE E7(DIIIATIO I j DATE THeRPOF, TNB M IN64JReR WILL ENDPAYOR TO MAIL 30 DAYS WRITTE City or Renton NOTICE TO THE CERTIFICATE HOLDFA NAMED TO THE LE T, BUT FAILURE TO DO SO SHAt Dcpt or Surface Water Utilities IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS 0 ChriY. Muster REPRESENTATIvE3 1955 S. cusay way. sth noor marsh Advantage America, a service of S4ACOR ab 6 Smith Renton, WA 99055 / BY=@ ORPORATION 19;- ACORD 2S-S CAG-04-023 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this o?5�0, day of , 2004, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORAEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank/Elliot Spawning Channel 2004 Habitat Planting WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc H DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." CADocuments and SettingsUiz\L.ocal Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantContract.doc III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. CADocuments and Settings\liz\Local Settings\Temporary Intemet Files\OLK520\2004EarthCorpPlantContract.doc VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit A, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit A. Payment for this work shall not exceed $17,684.37 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit A and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit A are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit A, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. CADocuments and Settings\liz\Local SettingsUemporary Intemet Files\OLK520\2004EarthCorpPlantContract.doc Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VH CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid CADocurnents and Settings\liALocal Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. CADocuments and Settings\HAA)cal SettingsUemporary Internet Files\OLK520\2004EarthCorpPlantContract.doc In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XH. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. CADocuments and SettingsViz\Local Settings\Temporary Internet Files\OL.K520\2004EarthCorpPlantContract.doc XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. CADocunwnts and Settings\lizTocal Settings\Temporary Intemet Files\OLK520\2004EarthCmpPlantContract.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. D. t1pe or print Title CITY OF RENTON gg i e an, Administrator Date ATTEST: Bonnie I. Walton, City Clerk CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc 10 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CADocuments and SettingsViz\ "al Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc 12 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: Mayor ,Attest: City Cler} RENTON CITY COUNCIL: Council President CADocuments and Settings\liz\Local Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc 13 Y O �-' AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is EarthCorns policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. H. EarthCgMs complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name and Ti Age—nVRtM,esentativeignature— Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. CADocuments and SettingsVizTocal Settings\Temporary Internet Files\OLK520\2004EarthCorpPlantContract.doc 14 Exhibit A Page 1 of 2 City of Renton- Lower Cedar River Left Bank/Elliot Spawning Channel Planting 2004 Pro osal f Munter Prepared by EarthCorps Lower Cedar River 6310 NE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312 fax --- - - Date: February 2004 Work Item # Width (see attached Unit Cost per Assumptions/Notes: Paul Assumptions/Notes: Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Conrecode EarthCorps Immediately north (downstream) of Replacement with native plants, Prior inasive removal, Boeing bridge to large South Boei including groundcovers, shrubs, mulching, bank willow trees, just south complex willow and tree species. Staking along stabilization, and some (upstream) WDFW fisheries bank. Optimal planting Jan -Feb native planting. Poor Left Bank Segment 1 monitoring station. 150 40 6000 '04. soil, little tree canopy. Planting 710 $0.40 $2,400.00 Subtotal $2,400.00 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the Replacement with native plants, Prior inasive removal, end of Segment 1 (above). The including groundcovers, shrubs, mulching, bank floodwall angles west, the bank is and tree species. Staking along stabilization, and some wider, and the floodwall is replaced bank. Optimal planting Jan -Feb native planting. Poor by a chain -link fence. '04. soil, little tree canopy. Segment 2 600 30 18000 Planting 700 $0.20 $3.600.00 Subtotal $3,600.00 Prior inasive removal, Continuing north (downstream), the Replacement of failed willow mulching, bank floodwall begins again, and the staking along bank. Additional stabilization, and some bank narrows. This segment eplacement planting with native native planting. Poor Segment 3 extends to the end of the floodwall. 930 8 7440 plants, including groundcovers, shrubs, and tree species. Optimal soil, little tree canopy. Prior willow staking planting Jan -Feb '04. unsuccessful due to Planting 7101 $0.401 $2,976.00 bank hei hth. _ Subtotal $2,976.00 Subtotal $8,976.00 Field Project Management & Supervision (7% of Total) $628.32 $897.60 Project Administration (10% of Total) N/A _ Materials Handling Fee (10% of Total) N/A Mileage TOTAL FEE 1 $10,501.92 2004 Cedar River Riparian planting EarthCorps 2/17/2004 Ab-no Exhibit Page 2 of -- City ofRenton- Lower Cedar River Left Bank/Elliot Spawning Channel Planting 2OU4 Date: February, 2004 ork Width (see attached Unit Cost per �Subtotals Distance (ft.) (ft.) I Area (sq.ft. spreadsheet) sq. ft. Assumptions/Notes Supplemental native plantings. Species include native groundcovers, shrubs, and trees. Native staking along banks. No Upstream end of side -channel (at planting in landscape fabric areas. Segment 1 1 riprap weir) to road crossing. 550 30 16500 Includes deer tolerant species. do I Deer Protection I I $2U From road crossing to first Supplemental native plantings. downstream bend (-90 degrees), Species include native shrubs, and about 150 feet downstream of road trees. Native staking along banks. Segmen 2 crossing. 150 151 2250 Width measurement and number of plantings is for both banks. Includes deer tolerant species. Planting 710 $0.63, $1,417.50 Deer Protection $100.001 Subtotal $1,517.501 Supplemental native plantings, Species include willow staking on From confluence of small tributary to right bank and native shrub and Elliot Side -Channel (at about the mid trees on left bank. Width point of the side -channel) to 120 ffet measurement and number of downstream, or first bend (-90 plantings is for both banks. Segment 3 degrees), 120 20 2400 Includes deer tolerant species. Subtotal $1,512.001 Subtotal of subtotals $6,529.50 $457.07 Field Project Management& Supervision C701. of —Total) $652.95 Project Administration (110% of Total) Materials Handling Fee (10% of Total) N/A iMileage N/A 2004 Cedar River Riparian planting EarthCorps 2/17/2004 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 9, 2003 TO: Michael Webby — HR&RM FROM: Chris Munter — Ext. 7205 64�'� SUBJECT: Insurance Certificate - EarthCorps Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat Mitigation Contract and the Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation Contract. Both contracts are part of the Cedar River Section 205 Project. Please let me know if additional information is needed. Thanks. Chris HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.0 - Correspondance\4.08 - EarthCorps(2003)\InsCertMemo06092003.doc\CDM\tb JUN. 9. 2303 8:24AH SEABURY SMITH MARSH I0. 7 d'1 Y. 1/c DATE0 A ORDCERTIFICAT�F LIABILITY INSURAN.E 06/05/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh Advanta9a America Phone: S09-3S8-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. o. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR Spokane, WA USA 99210-21S1 - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marsh Advantage America is a service of Seabury b Smith, Inc. INSURERS AFFORDING COVERAGE INSURED INSURER A St. Paul sire an Marine insurance Company EarthorppS INSURER B: 6310 E 74th St, Ste 201E • - seatt�e, WA 98115 INSURER „_,,._•— INSURER D_ INSURER E: OUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE ANY,REOUIREMENT, 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 POLI�IES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — - - TYPe OF INSURANCE POLICY NUMBER A E MWDD DATE MIWOD/YT LIMITS GENERAL LIABILITY CK01901451 05/12/2003 OS/12/2004 EACH OCCURRENCE s 1,000,000. E 100,000 A X COMMERCIALGENERALLIABILrTY FIRE DAMAGE (Any one (re) MED ExP (Any cne person) S — 5,000 CLAIMS MADE OCCUR " STOP GAP LIABILITY PERSONAL 3 ADV INJURY E 1,000, 000_ GENE_RALAGGREGATE S 2,000,000 PRODUCTS -COMPrOPA130 G N'LAGGREGATELIMITAPPLIESPER: S 2,000,000 PROPOLICY jFC LOC A A JTOIMOSILE LIABILITY CK01901451 05/12/2003 05/12/2004 COMBINED SINGLE UMIIT E 1,000,000 ANY AUTO (Es aQC�nt) E ALL OWNED AUTOS -- BODILY INJURY (Per per -on) SCHEDULED AUTOS SCDILY INJURY E HIRED AUTOS Post-Ir' Fax Note 7671 Date �_ _ 3 pB°g85 ' l 'c.t7 s— NON -OWNED AUTOS To From (Peracddent) PROPERTY DAMAGE E Ce/Depl.l1` n Co. �5� GARAGE UABIUTY Phone Jr �K�• Phone # �y� _ �a �l Og+l2 (Perecaaenl) AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC ANY AUTO Fax # l( lD' Fax # �e C d 3 ` 6 E _— f J AUTO ONLY. AGG S A 8KCESSUABILrrY CK01901651 05/12/2003 05/12/2004 EACH OCCURRENCE E 1,000,000 TOCCUR U CLAIMS MADE AGGREGATE - _ ---- S 1,000,000 E 1,000,000 ( PROD COMP/OPS AGG DEDUCTIBLE s X RETENTION S 10,000 WE TAN• H• WORKERS COMPENSATION AND TORY LIMITS I I ER EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT — . S S E.L. D13EASE - EA EMPLOYE E.L DISEASE - POLICY LIMIT s OTHER A FIRED AUTO PHYSICAL DAMAGE CK01901451 05/12/2003 05/12/2004 CDMPREHENSIVE DEDUCTIELE: S250 COLLISION DEDUCTIBLE: SSOO f LIMST:,S50,000 DESCRIPTION OF OPEP.ATIONS(LOCATON9NEMCLMEXCLUSIONS ADDLD BY ENDORSEMENT/SPECIAL PROVL31ONS Pr of of insurance: City of Renton is additional insured as respects work performed by the named insured CERTIFICATE HOLDER Ix ADDRIONALIN.SURED; INSURER LETTER: CANCELLATION This C AIricate replaces ALL previously Issued certlflcele(s). Please discard SHOULD ANY OFTHEA13OVE DESCRIBEDPOLICIES BE CANCELLED BEFORETHE EXPIRATION provlorysly Issued certklcete(s) as they ore no longer valid. I DATE THEREOF, THE �1NSIJRER WILL ENDEAVOR TO M4fL 45 DAY9 WRITTEN City of Renton - Renton City Hall - 6th Floor NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IeDri$p Dept - iNortna McQuiller IMPOSE NO OBLIGATION OR UAB ILTTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3055 S. Grady Nay Renton, WA 98D55 REPRESENTATIVES Marsh Advantag gle Cal a Tervice o eab Smith By: i D ACORD 25-S (7197) O ACUHU CUH YUHA I IUN I V50 1UN, 9. 2103 8:26AM S; AUUKY AITY, MAKSr IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It 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). I DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (0""VCITY OF RENTON HUMAN RESOURCES & RISK MANAGEMENTt DEPARTMENT AUG 13 2003 MEMORANDUM CITY OF RENTON UTILITY SYSTEMS DATE: August 12, 2003 TO: Chri Munter, Utility Systems FROM: qVIVR. Webby, HR&RM Administrator SUBJECT: Insurance Review/ EarthCorps Cedar River Section 205 Lower Cedar River Habitat Mitigation & Elliot Spawning Channel/ Maplewood Revetment Habitat Mitigation I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. ACORD CERTIFICATE OF LIABILITY INSURANCE °06/04/ o) PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NarSh Advantage America Phone: 509-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. e. WAlS1 HOLDER. THIS CERTIFICATE DOES NOT USA 99210-2151- ALTER THE COVERAGE AFFORDED BY THEPOLICIESBEENDD OR ne ISpekaLOW_ (Harsh Advantage America is a service of Seabury & Smith, Inc. INSURERS AFFORDING COVERAGE - - — Paul Fire and marine Insurance Company INSURED INSURER A St. EarthCorpps INSURER B. 6310 NE 74Th St. Ste 201E Seattle, WA 98115 INSURERC:— INSURERD'__-- INSURER E: COVERAGE'S THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FORT -iE POUCY PERIOD INDICATED, NOTWIIHSIANUINU ANY REQUIREMENT, TEAM 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, E)(CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ki — .. - EFFECTIVE POUCT E7LPIRATI N Urirr9 LTR TYPE OF INSURANCE POUCY NUMBER MM/DD/YY DATE MNNDD GENERAL LIABILITY CK019014SJ 05/12/7003 05/12/2004 EACH OCCURRENCE _ IS_ 1 000,000 A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one lire) S - 100,000 CLAIM9 MADE 5� OCCUR 1� MED EXP (Any one person) PERSONAL&ADVIwURY x STOP GAP LIABILITY (C�J' 5_ �1,000,000 � GENERAL AGGREGATE_ S _ 21000,000 ` PRODUCTS - COMP,OP AGO GEN'L AGGREGATE LIMIT APPLIES PEP: S 2.000.000 X POLICY PRO- LOC A AUTOMOBILE LIABILITY CK019014S1 05/12/2003 05/12/2004 COMBINED SINGLE LIMIT a 1, DOD (E3 amdew) .000 X ANY AUTO BODILY INJURY ALL OWNED AUTOS S I (Per perton) -- _ SCHEDULED AUTOS I BODILY INJURY X I HIRED AUTOS 5 (P., ccodml) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per acddeot) GARAGE LIABIUTY I AUTO ONLY EA ACCIDENT S _ ANY AUTO I OTHER THAN EA ACC S_ _ AUTO ONLY: AGG S A E3(CESS LIABILITY CK01901451 05/12/2003 OS/12/2004 f EACH OCCURRENCE S 1,000.DOD AGGREGATE _ ! X OCCUR CLAIMS MADE S 1_000.000 _ _. PROD COMP/OPS AGG g 1.000,000 I DEDUCTIBLE s X RETENTIQN 5 10,000 5 WORKERS COMPENSAT*m AND I WC STATv- TORY LIMITST ER E.L. EAC ACCIDENT S EMPLOYEFM LIARJU I v E.L. DISEASE - EA EMPLOYEE S E.L. D19EASE . POLICY LIMIT I S A OTHER HIRED AUTO PHYSICAL DAMAGE CK0190111,51 05/12/2003 05/12/2004 COMPREHENSIvt DEDUCTIBLE: S250 COLLISION DEDUCTIBLE: S500 LIMIT: $50,000 DESCRIPTION OF OPFAATIDNS/LOCATONSNEHtCLMEXCLUSIONS ADDED BIT ENDORSEMENTISPECJAL PROVLSIONS City of Renton is additional insured as respects operations of named insured for the city of Renton CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTPA: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE E)(PIRAT)ON DATE THPREOF, TH9 � INGUREA WILL ENDBAVOR TO MAIL 30 DAYS WRITTEN City or Renton NOTICE TO THE CERTIFICATE HOLDER NAMED THE LEFT. THLEFT. BUT FAILURE TO DO SO SHALL Dc t of Surface Water Uades D IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, 1T9 AGENTS OR Christian NJuDier 1055 S. Cr?ady Way, Sth Floor REPRESENTATIVE& RentoD, WA 98055 Marsh Advantage America, a service of Seab 6 Smith By: iaamnlk f/ ACORD 25-5 (//97} ToACOR ORPORATION 1988 Ub/12;/ZUUJ 1b:5! t A ZUUJZZyJ1Z tHhinWjlr) L'VJU4 IMPORTANT I If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMED The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-9 AUG. 1. 2003 8:01AM 1a=1°SEABURY SMITH MARSH 013 759 2299 TO 915893500. 0054 PJ V6 ADDITIONAL PROTEM PER91IN9 - OTNER INSURANCE tt.K$tpftd VIDDRSENFERT 3 d This •noorsement changes your Commorcial General Llat)ility Protection. Heel Caverm is Changed The following is adaed to the who 19 Protected Under This Agreement tvctiom This change broadens coverage. P8rw0e or tl01111ra" m ngeired under cafthd Or agreDltltOM We'll' prorecc any person or organization that You are redufrad to add as an additional protected person under: • e Written contract or agreement. or • an oral agreement or contract whore e certificate of Insurance showing that person sr Oiganlzat;on as an 30e1tion2l protected person has boon is&usd. The written or oral contract or agroemeint Mull bs: • curT%ntty In affect or becoming effective during tat tern, of this policy; and • executed prior to the injury or dernage. Coverage provided by thin endorsement ie limited as follows: 1. That person or orgenitation Is a protected person with respect to liability resulting from: • promis.y you own, rent, lease- or occupy; or • your work for that protected pe/COR by or for you. 2 The limit$ of [:overage app►Ieeble to the protected Person are those 30eclfled in the written contract or agreement or in the Coverage Summary whichever ere leas. Tnese limits of coverage arm Inclusive of and not in oddition to the limita of insurance shown in the Coverage summary. The Insurance provided to the protected person doesn't apply to Injury or darnagir that r•stlits from on arehltaciri- engineer's, or surveyors Performance or failure to perform architect, engineer. or surveyor professional services, We explain what we mein by wchitecr, engineer. or surveyor professlonal services in the Contract Irabllity axclucion. Other Insurance. We'll consider this Insurance to be primary to end non- contributory with the Insurance issued directly to the additions! prorecteWporsonrl if_ Your contract with that Derson or organiration specificafly requires [riot we consider this insurance to be primary or pr'.rnary and non-contriourory fnsurancr, or • you raquesx before a lots that we consider this insurance to ba primary at primary anp non-contributory inawance- War Terms All other forma of your policy rymaln the same. L01113 Ed. 6-98 Printsd In U.&A- Endoraament &SCPauI Fin and MA -tine Insurance CO.TWS All Rights Reserved page 1 of 1 ** TOTRL PPGE.01 ** -------------------------------------------------------_ -. ----.z-------- --- _- v _ CERTIFI ATE OF COVERAGE EMPLOYER: This official certificate of industrial insurance coverage o is in lieu of a policy_ It remains in effect until your account is officially - closed. "There is no limitation of benefits. You are required by law to post both this certificate and copies of the posters listed below. You will soon ... .,.be Tmeiving. L.coPy of each_ If you require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services. _ _ . _. -d-Job Safefy and Health Prbtecti6n (available in Spanish) • Your Rights as a Worker/Family Care Department of Labor & Industries . Notice to Employees PO Box 44144 Olympia WA 985044144 WORKER: The employer named below is an insured policyholder with www.LNI.wa.gov the Washington State Industrial Insurance Trust Fund. UB1' 6�)! -,��9 107 Policy kffcetivc Daie Location E'.WiiTH r:oP,P a-, C NF 74TH `iT STE EATTLE WA 98115 Emplover CASCADIA ouE&'r EAR T Hr.OR PS NE 74TH Si' S rE SEAT TLE- W yq I 15 •Your Unified Busine>s ldcntificr is the only numher you need t.o discuss your business account with the WiL hington state deparunenu c Revenue, Lcejising, Employment Security, Labor and 1ndustr-ics and the Office of the Sccrcwy of hate. Other state license- or registration may be required for pmper licensing of your business. nI 1.1a1 xntr m) Verify Premium Status - L&I - Washington Department of Labor and Industries Page I of 2 Verify Premium Status Of your contractor or other employer Employer Liability Certificate Check to see- if this business is registered as a contractor with LNI. Review Experience Factor -History for this business. Department of Labor & Industries Employer Liability Certificate Date: 2/ 17/2004 UBI Number Legal Business Name Firm Account Number "Doing Business As" (DBA) Name Quarterly Premium Reports Received Through Employer Industrial Insurance Status Team Number Account Manager 601 459 107 CASCADIA QUEST 842,300-00 EARTHCORPS : Quarter 4 of Year 2003 Account is Current Firm has voluntarily reported and paid their premiums. T3 / ADRIANNE PITTS (360)902-4801 The information above shows the employer's industrial insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See RCW51.12.050 and 51.16.190.) Note: Under Washington State law*, you may be liable for the unpaid industrial insurance (workers' compensation) premiums of anyone you contract with. (*See RCW 51.12.070.) iP Try a new Search L&I Home I Claims & Insurance I How to Verify Premium Status Use of this Web site, its applications and connections subject to L&I Web Usage Policy, including https://wws2.wa.gov/lni/crua/crual.asp?Acctld=84230000 02/17/2004 •• CITY OF RENTON Planning/Building/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator August 19, 2003 Liz Stenning EarthCorps 6310 NE 740' St, Ste 201 E Seattle, WA 98115 SUBJECT: 2003 CONTRACTS CAG 03-136 & CAG 03-137 Liz, Enclosed for your records are signed originals for the Lower Cedar River Left Bank Habitat Maintenance and the Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation 2003 contracts. If you have any questions or require additional information, please call me at (425) 430-7205. Thanks. Sincerely, ,i Christian D. Munter, P.E. Surface Water Utility cc: Ron Straka H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27 2817 Cedar River Section Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003ContractTrans08192003.doc\CDWtb 1055 South Grady Way - Renton, Washington 98055 1 a JL. A. N JL v A. ® This paper contains 50 % recycled material. 30 % post consumer AHEAD OF THE CURVE CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2003 TO: Gregg Zimmerman! Idministrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director Utility Systems Divisio FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Lower Cedar River West Bank Habitat Mitigation, EarthCorps 2003 Contract TSST TF.. The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Lower Cedar River (west bank) in the amount of $16,921.01. Project funding ($60,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the lower west bank of the Cedar River that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContract2.doc\CWtb -4 August 14, 2003 Page 2 The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope of work (attached) and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContract2.doc\CKtb I CONTRACT CHECKLIST STAFF NAME & EXTENSION NUMBER: Chris Munter / Extension No. 7205 DIVISION/DEPARTMENT: CONTRACT NUMBER: TASK ORDER NUMBER (if applicable): CONTRACTOR: Utility Systems / PBPW EarthCorps PURPOSE OF CONTRACT: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the lower left bank of the Cedar River that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project 1. LEGAL REVIEW: (Attach letter from City Attorney) N/A, Standard City Contract 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter) Yes, see attached. 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) N/A 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original) Yes, see attached. 5. CITY BUSINESS LICENSE NUMBER: 601459107 (Call Finance Dept.) 6. ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: Yes. (If not, provide explanation) 7. FISCAL IMPACT: A. AMOUNT BUDGETED: (LINE ITEM) (See 8.b)* $60,000 B. EXPENDITURE REQUIRED: $16,921.01 8. COUNCIL APPROVAL REQUIRED: (Prepare Agenda Bill): N/A A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee over $10,000.) 9. DATE OF COUNCIL APPROVAL (if applicable): N/A 10. RESOLUTION NUMBER (If applicable): N/A 11. KEY WORDS FOR CITY CLERK'S INDEX: A. Cedar River B. EarthCorps H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\ContractChecklist2.doc Rev:3/97 ��Y o CITY OF RENTON otiti�r> HUMAN RESOURCES & RISK MANAGEMENTRECEIVED .�iN,rp r DEPARTMENT AUG 13 2003 MEMORANDUM CITY OF RENTON UTILITY SYSTEMS DATE: August 12, 2003 TO: Chri Munter, Utility Systems FROM: MVIR. Webby, HR&RM Administrator SUBJECT: Insurance Review/ EarthCorps Cedar River Section 205 Lower Cedar River Habitat Mitigation & Elliot Spawning Channel/ Maplewood Revetment Habitat Mitigation I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. t ACORD CERTIFICATE OF LIABILITY INSURANCE °06/04/ o) PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh Advantage America Phone: 509-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. D. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Spokane, NA USA 99210-2131- Al TFR TNF Cr)VFF7Af:F AFF(�Rf)Fn AY THE POLICIES BELOW. (Harsh Advantage America is a Service of Seabury & Smith, Inc. INSURED EarthCorpps 6310 NE 74th St. Ste 201E (Seattle, MA 98115 INSURERS AFFORDING COVERAGE INSURERA St. Paul Fire and marine Insurance Company INSURER S. INSURER C: INSURER D' INSURER E: COVERAGES 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 rn uCOCW IC Cr Io ICC-r -rn Al I TUC TCor,Ac Clrrl I vz, m -Z ANr1 r(INr)ITIONS OF SUCH mhl rrslrvn, In�nwvr,r�r•v�.��+.��.+•,• •- CLAIMS - POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ _ PIER -- • .. EFFECTIVE - POLIGY DIP RAT( N UTAn9 LTR TYPE OF INSURANCE POLICY NUMDEA MM/DLYYY DATE MANOR GENERAL LIABILITY CK019014SI 05/12/2003 05/12/2004 EACH OCCURRENCE — I S_ _�000,000 A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any ane fire) S _ 100,000 CLAIMS MADE F% OCCUR - �\ MED EXP (Any one Derain) S _ 5.000 PERSONALQADVXJURY C'� S— �1,000,000 X STOP GAP LIABILITY u OENERAL AGGREGATE_ S _ 21000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER; S 2.000.000 PRODUCTS - COMP,OP AGO X POLICY PRO LOC CK019014SI 05/12/2003 05/12/2004 A AUrOMOSILE UARIUrY COMBINED SINGLE LIMIT 1, 000 000 (EA amden[) , X ANY AUTO -- -- - _ -. BODILY INJURY ALLOWNEDAU70S S (Perpamon) SCHEDULED AUTOS _ - __— BODILY INJURY x HIRED AUTOS $ X NON-OWNEO AUTOS PROPERTY DAMAGE $ (Per wddenq GARAGE LIABILITY I AUTO ONLY EA ACCIDENT S _ ANY AUTO ` OTHER THAN EA ACC S _ AUTO ONLY: AGG S A D[CESS UABIuTY CK01901451 05/12/2003 05/12/2004 1 EACH OCCURRENCE S 1,000.000 AGGREGATE —__ _ x OCCUR a CLAIMS MADE S 1,000,000 _ _. PROD COMP/OPS AGG ; 1.0_DO,000 I DEDUCTIBLE X RETENTION s 10,000vvC y WORKERS COMPEN9AT*M AND I TORY MrITT3 I ER EMMOYrJLSLIABILITY E.L. EAC ACCIDENT S E.L. DISEASE - EA EMPLOY S E.L. DISEASE - POLICY UMIT S A OTHER HIRED AUTO PHYSICAL DAMAGE CK01901451 05/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE: S250 COLLISION DEDUCTIBLE: S500 LIMIT: $50,000 DESCRIPTION OF OPERATONS(LOCATONSNEHICLE.VE)LCLUSIONS ADDED OY ENDORSEMEITISPECIAL PROVISIONS City of Renton is additional insured as respects operations of named insured for the City of Renton CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETrPn: _ CANCELLATION _ City or Renton Drpt ur Surface Water UdIlties Christian NIt=er 1055 S. Crady Way, Sth Floor Renton, WA 98055 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THeAEOF, THE � INSURER WILL FNDPAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMFD TO THE LFFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR R EPRESENTATI VE3_ marsh Advantage America, a service of Seab 6 Sm'I By: I _.//..-- .0 � 7L,_ ACORD 25-S (7197) r, ACOR ORPORATION 1988 UO/10/GV VJ 1VJ! i'AJ LVVJLLJJIL i:Ai�1l1�.V1\1J �vY IMPORTANT I If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25-9 (7 ALIG. 1. 2003 2:07AM 18=1°SEABURY SM1TH MARSH 913 559 2299 TO 91589 SOO. 0054 p P 4/6 ADOMONAL PROMM PERMS • OTHER INSORANtE e.K$tvmd EIRMW + W 1�1 3 a. ThIs endorsement changett your Commercial General Liability Protectlon. Haar CevenQe is Changed The following is added to the Who i9 Protected Under This Agreement %action. This change broadens coverage. Parsatli of a 2,101l I141 a "squired under eanbsd or aurtrOMes L We'll protect any person or organization that you are reauired to add as an additional protected person under: • • written contract or agreement: or • an oral agreement or contract whcre a cortificete of Insurance rdhowing that person os organization a% an additional protected person has been Isnuad- The written or era► contract or agreement Mut1 be: • CurTontty In affml or becoming effective during the term of this policy,, and executed prior to the injury or damage. Coverage provided by thil endorsement ie limited *3 follows; 1. That person O► WgpnIT30on IS a protested person with respect to liability resulting from- prornis,ta you own, rent, JOBS@- or occupy, or • your work for that protected perrorr by or for you. 2. The limlte Of coverage appilegole to the protectee person are thobe speclfled in the written contract or agreerent or In the CovarBge Summary. whichever ore Igoe- Tnese limits of coverage arm Inclusive of and not in addition to the limits of insurance shown In the Coverage summary. The Insurance provided to the protected person dooen't apply to Injury or damage that rasultr from on architect's. enginear'a, or surveyor's performance or failure to perform architect, engineer, or surveyor professional services, We explain what we mein by architecr, anginser. or Surveyor proftsslonol eervicas in the Contract tf;!bility axriusion. Other insurance. We'll consider this Insurance to be primary to end non- contributory with the Insurance issued directly to the addirional protecma,porsonQ if= • your contract with that oereon or organization specifically requires inat we consider thls insurance to be primary or prirnary and rrvn-cormibutory fnsurancr, or • you request before a loss that we consider this insurance to be primary or primary an0 ron-contributory inaurance- other Terms All echo" rarmg of your policy remain the same. - ---- sue- L0110 E4 a-68 Pr;nt*d In U_S/_ Endorsemant *St -Paul PIrs and Marine Insurance Co.1998 All Alghta Reserved Petae t of 1 ** TOTIL PPGE. ei ---------------------------------------- ----------------_ - -- z----- -_ --. CERTIFICATE OF COVERAGE ENWLOYER: This official certificate of industrial insurance coverage is in lieu of a policy. It remains m effect until your account is officially - closed. There is no limitation of benefits. You are required by law to post 1 both this certificate and copies of the posters listed below- You will soon r .. be l<eceiving. L-oopy of each. If.you,require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services. - -- - -_ ...... -d-Job Safety and Health Prbtecti6n (available in Spanish) e Your Rights as a Worker/Family Care Department of Labor & Industries . Notice to Employees PO Box 44144 Olympia WA 98504-4144 WORKER: The employer named below is an insured policyholder with www,LNI.wa.gov the Washington State Industrial Insurance Trust Fund. UB1- 6r,) 1 - 9 107 Policy Efteerive Due =�=}i 15!1?3 Location EAFi THCURPS E:mplover a-3': _ NF 74TH ST STt I CASC.i[?IA rIUrST 4SEATTLE WA g8115 EARTHC0RPS `_'• i';- NE 7 4TH ST S rc 2,01 c SEAT TLC t:A y81 1 S Your Unified Busines ldcndficr is the only nurnhcr you need to di.cuss your business ucuuunt with the Wa bington state deparunents c Revenue, licensing, Employment Security, Labor and 1ndustrics and the Office of the SccrcLvy of State. Other state licenses or registration may ire required for pmpar licensing of your business. I-h1U:61)2) ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2003, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank Habitat Mitigation 2003 Vegetation Maintenance WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2_doc 1 II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and S. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." H_\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. A:\Fi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreernents\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 3 VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit B, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit B. Payment for this work shall not exceed S 16,921.01 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit B and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit B are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit B, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 4 Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VH CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. V1H EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 5 or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 6 In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XH DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 7 In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. H:Tile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 8 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EA HC Signature a e type or print name AA� L �-k Title C OF RENTON l `/0 gg Z' e V an, X6inistrator Date ATTEST: HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 10 EXHIBIT A Scope of Work City of Renton Lower Cedar River Left Bank Habitat Mitigation 2003 Vegetation Maintenance Overview EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the left bank of the lower Cedar River that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To insure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined below and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Goal To remove invasive plant species inhibiting the successful planting of native vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. Lower Cedar River, Left Bank Segment I Immediately north (downstream) of South Boeing bridge to large complex of willow trees, just south (upstream) of WDFW fisheries monitoring station. Invasive Removal/Disposal and Soil Preparation Segment 2 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the end of Segment 1 (above). The floodwall angles west, the bank is wider, and the floodwall is replaced by a chain -link fence. Invasive Removal/Disposal and Soil Preparation Segment 3 Continuing north (downstream), the floodwall begins again, and the bank narrows. This segment extends to the end of the floodwall. Invasive Removal/Disposal and Soil Preparation HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 11 City of Renton -Cedar River Riparian Vegetation Scope of Work - April 2003 Proposal for: Christian Munter Prepared by EarthCorps Lower Cedar River _ 6310 NE 74th St, Suite 201E Seattle, WA 98115 _ EXHIBIT B 206.322.9296 206.322.9312fax _ Date: April 28, 2003 �Work Item Width (see attached Unit Cost per Assumptions/Notes: Paul Assumptions/Notes: Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Conrecode EarthCorps Immediately north (downstream) of Removal of invasives. South Boeing bridge to large Replacement with native plants, Prior Inasive Removal, complex of willow trees, just south including emergent, shrub, and Bank Stabilization, and (upstream) of WDFW fisheries tree species. Possibly soil Planting by EC. Poor Left Bank Segment 1 monitoring station. 150 40 6000 supplementation and use of groundcover to prevent re - establishment of invasives. soil, no tree canopy. (west bank) Invasive Removal/Disposal 600 $0.30 $1,800.00 Soil Preparation 510 $0.16 $960.00 Subtotal $2,760.00 Continuing north, the next segment begins 300 feet north (downstream) Removal of invasives. of the willow complex that is at the Replacement with native plants, end of Segment 1 (above). The including emergent, shrub, and Prior Inasive Removal, floodwall angles west, the bank is tree species. Possibly soil Bank Stabilization, and wider, and the floodwall is replaced supplementation and use of Planting by EC. Poor Segment 2 by a chain -link fence, 600 30 18000 groundcover to prevent re - soil, no tree canopy. Invasive Removal/Disposal 600 $0.30 $5,400.00 establishment of invasives. Soil Preparation 510 $0.16 $2,880.00 Subtotal $8,280.00 Replacement of failed willow Prior willow stakings Continuing north (downstream), the stakings. Removal of invasives to unsuccessful due to floodwall begins again, and the allow for Salal and Oregon grape bank heigth. Some bank narrows. This segment on bank to flourish. Additional native plantings of Segment 3 extends to the end of the floodwall. 930 8 7440 $1,190.40 $3.422.40 Salal and Oregon grape plantings on bank. Possibly soil supplementation and use of groundcovers successful. Invasive emoval/ is osa Soil Preparation 510 $0.161 Subtotal Subtotal $14,462.40 Field Project Management & Supervision (7% of Total) $1,012.37 _ _ Project Administration (10% of Total) $1,446.24 Materials Handling Fee (10% of Total) Mileage N/A TOTAL FEE $16,921.01 FallPlant2a.xls EarthCorps 05/06/2003 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 13 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: U�ayor ,Attest: City Clerl RENTON CITY COUNCIL: Council President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 14 c: AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) It is EarthCorps policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. EarthCorps complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. VL�, bN��6-" Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 15 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2003 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director Utility Systems Divisio FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation, EarthCorps 2003 Contract ISSUE: The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation along the Elliot Spawning Channel and the Maplewood Revetment. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Elliot Spawning Channel and the Maplewood Revetment in the amount of $15,198.30. Project funding ($60,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the Elliot Spawning Channel and the Maplewood Revetment that were planted as HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContract1.doc\CWtb August 14, 2003 Page 2 a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope or work (attached) and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContractl.doc\CM\tb CONTRACT CHECKLIST STAFF NAME & EXTENSION NUMBER: Chris Munter / Extension No. 7205 DIVISION/DEPARTMENT: Utility Systems / PBPW CONTRACT NUMBER: TASK ORDER NUMBER (if applicable): CONTRACTOR: PURPOSE OF CONTRACT: EarthCorps EarthCorps crews will provide routine maintenance of the existing habitat plantings along the Elliot Spawning Channel and the Maplewood Revetment that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project 1. LEGAL REVIEW: (Attach letter from City Attorney) N/A, Standard City contract 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter) Yes, see attached. 3 4 5 6 7 RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) N/A INSURANCE CERTIFICATE AND/OR POLICY: (Attach original) Yes, see attached. CITY BUSINESS LICENSE NUMBER: 601459107 (Call Finance Dept.) ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR/CONSULTANT: Yes. (If not, provide explanation) FISCAL IMPACT: A. AMOUNT BUDGETED: (LINE ITEM) (See 8.b)* $60,000 B. EXPENDITURE REQUIRED: $15,198.30 8. COUNCIL APPROVAL REQUIRED: (Prepare Agenda Bill): N/A A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee over $10,000.) 9. DATE OF COUNCIL APPROVAL (if applicable) 10. RESOLUTION NUMBER (If applicable): 11. KEY WORDS FOR CITY CLERK'S INDEX: N/A N/A A. Elliot Spawning Channel B. EarthCorps H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\ContractChecklistl.doc Rev:3/97 CITY OF RENTON HUMAN RESOURCES & RISK MANAGEMENT? DEPARTMENT AUG 13 2003 MEMORANDUM CITY OF RENTON UTILITY SYSTEMS DATE: August 12, 2003 TO: ChriMunter, Utility Systems FROM: NAVR. Webby, HR&RM Administrator SUBJECT: Insurance Review/ EarthCorps Cedar River Section 205 Lower Cedar River Habitat Mitigation & Elliot Spawning Channel/ Maplewood Revetment Habitat Mitigation I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. ACORD CERTIFICATE OF LIABILITY INSURANCE i 0 06/04/2003 11 06/Oa/Z003 PRODUCER Marsh Advantage America Phone: 509-358-3800 P. 0- BOX 2151 Spokane, NA USA 99210-2151- �Marsh Advantage America is a service of Seabury 8 Smith, Inc. INSURED EarthCorps 6310 NE 74th St. Ste 201E (Seattle, WA 98115 THIS CLH IIFICAT E 15 ISSUtU AS A MA I I ItH UI- IrvrUHMA I IUN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: St. Paul Fire and Marine InsUrdnce Company INSURER B. -- INSURER C: INSURER 0• INSUPEA E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ,,rn ru, — — I -r — .0 , n,r T 1 CYr-r i 1C1r <Q Avn r-n AIn ITIn A1C nc CI ICW mrr rrstrvt�, incrnovn�i•v�. r.., �— - - POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- PI9R TYPE OF INSURANCE POUCY NUMBER MMlD IYPOUCY TI N YY DATE MM DD UMITS LTq GENERAL UANUTY CK01901451 05/12/2OD3 05/12/2004 EACH OCCURRENCE A X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one r1ra) E _ 100,000 CLAIMS MADE ED OCCUR X SYOD GAP LIABILITY �� �� ) (� % C\/ MED EXP (Any one oersm) E _ 5 , 000 E 1,000,000 PERSONAL d ADv INJURY GENERALAGGREGATF_ S _ 2,000,000 IL - GEN-L AGGREGATE LIMITAPPLIES PER: E 2, D00, 000 PRODUCTS - COMP�OP AGO X POLICY PRO LOC A AUTOMOBILE UABILTTY CK01901451 05/12/2003 05/12/2004 COMBINED SINGLE LIMIT a 1,000,000 X (E3 Amidenr) ANY AUTO BODILY INJURY ALL OWNED AUTOS s (Per Perron) SCHEDULED AUTOS BODILY IWURY X HIRED AUTOS 5 (P., o cidrnQ X NON-OWNEO AUTOS_ - PROPERTY DAMAGE (Per accident) GARAGE LIABILITY I AUTO ONLY EA ACCIDENT S _ ANY AUTO OTHER THAN EA ACC E _ AUTO ONLY: AGG 5 A EXCESS LIABILITY CK01901451 05/12/2003 05/12/2DD4 EACH OCCURRENCE 5 1,D00.000 AGGREGATE _- _ X OCCUR CLAIMS MADE E 1,D00.000 . . . _ - PROD COMP/OPS AGG 3 1.000,000 DEDUCTIBLE- X RETENTION E 10,000 E WORKERS COMPENSATION AND I W A U- TORY IMTTS I ER, EMPLOYERS- LIA®UTY E.L. EAC ACCIDENT S _ E.L. DISEASE - EA EMPLOY 5 E.L DISEASE - POLICY LIMIT E OTHER A HIRED AUTO PHYSICAL DM -GE CK01901451 05/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE• S250 COLLISION DEDUCTIBLE: S500 LIMIT: 3SO,000 DESCRIPTION OF OPERA-nON-VLOCATIONSNEHCLMUCLUSIONS ADDED BY ENDORSCJdCNT/SPECaAL PROVISIONS city of Renton is additional insured as respects operations of named insured for the City of Renton CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTW: CANCELLATION City or Renton Dept or Surface Water UL lties Cbristi-•Irt Munter 1055 S. Crady Way, Stb Floor Renton, WA 98055 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE! THITREOF, THE w IN&uRen WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TTIE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO.SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, rTS AGENTS OR R EPRESFNTATI VF S. marsh Advantage America, a service of Seaby 6 Smith BY: f/ ACOR ORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-9 (7/97) -AUG. 1. 2003 8:07AM IS: 14SEABURY SYTTH MARSH 913 558 2299 TO 9158g355N0. 0054 PJ 1/6 ADOMONAL PROTMIED PER91INs - OTHIR IMauaAPJCE trKstpull E"DRSElrElitT 3 ., F This enGort;ement changes your Commercial General Liability Protectlon. Mute Cevernpe is Changed The following is added to the Who le Protected Under Thin Agreement aect;on. This Change broadens coverage. Par"09 or orpa.slzaliotte rttgelred under carlbW Of aenrMOM. We'll Prot-tcr any Gerson or organization that You are reaufred to add as an additional protected person under- • e written contract or agreement. or • an oral agreement or contract whore a cartificaty of Insurance showing that person or organizat;on as an andit;onat protected Person has been iaaued The written or oral contract or Agreement rust be: • currently In affect or becoming etfective during the term of this policy; and • executed prior to the injury or damage. Coverage provided by this endorsement ie limited as follows; 1. That person or orgpnlaatton fa a protected person with respect to liability resulting from, - a prnmis.v you own, rent, lease. or Occupy; or • your work for that protected persort by or for you. 2- The "MR10 of coverage appllCeble to the: protecteC person are th06o soeclfled in the written contran or agreement or In the CoveraQt Summary whichever are IGO6_ These limltis of coverage are Inclusive of and not in addition to the I;Mite of insurance shown In the Coverage summary. The Insurance provided to the protected person doesn't apply to Injury or darna9c that reavltr from an archttecr'a. enginear's, or surveyor's performance or failure to perform architect, engineer. or surveyor professional aervices, We explain what wa mein by architect, engineer. or surveyor professlonal services in the Contract trabiliry axclueion. Other Insurance, we'll conslder this Insurance to be primary to end non- contributory with the Insurance issued directly to the additional protecteo-persontr if= Your Contract with that Derecin or organization specificarly requiras snot we consider this irnsurance to be primary or primary and non-contributory fnsurancr, or a you request before a lozs shot we consider this insurance to be primary or primary and non-contributory insurance_ other Terms All other forma of your policy rems1h (he same. L0120 Ed` a-1)8 Printed In U.S A_ Endoraamant eSt-paul fire arid Marins Insurance Co.1998 All Rights Reserved Page t of 1 ,-* TOTRt_ PPaE.01 *c* —------------------------------------- —--- ------------_ --t _----.-.-_ -- -----,------- CERTIFICATE OF COVERA iE E WLOYER: This official certificate of industrial insurance coverage o is in lieu of a policy_ It remains in effect until your account is officially - closed. There is no limitation of benefits. You are required by law to post both this certificate and copies of the posters listed below. You will soon .... .,-be;<meiving. L.copy of each_ If-you,require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Servjces- - - - -. -0-Job Safefy and Health Pr6t&66n (available in Spanish) • Your Rights as a Worker/Family Care Department of Labor & Industries • Notice to Employees PO Box 44144 Olympia WA 98504-4144 WORKER: The employer named below is an insured policyholder With www.LNI.wa.gov the Washington State Industrial Insurance Trust Fund. UBl' 6ril 4—_-9 107 Pulicy F.H'ccove Date 01; 1t;!9:3 Location EAFiTH1::C)RF� n.?':t: t•JE 74TH ST ST'r_ _:lE SEATTLE NSA 981.5 EmDlover CASCADIA ouE&'r EARTHCOPPS A-? i';- HE T4TH ST S rEr _701 F: EEAT'. u, E:l_ 1 15 *Your Unified Business ldcntificr is the only numhcr you need to discuss your business uccuunt with die Wa hington state deparuneat:i c Rcvcnue, Licensing, Employment Security, Labor and Industries and the Office of the Secretary of Stott. Other state licenscc or registration may lx required for proper licensing of your busines& fR t t- I a I-ngtNd41) ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2003, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation 2003 Vegetation Maintenance WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. H:\FUe Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 1 II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and S. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl .doc 3 VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit B, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit B. Payment for this work shall not exceed $ 15,198.30 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit B and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit B are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit B, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 4 Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VH CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 5 or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIlVIINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 6 In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 7 In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 8 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EA n aM ]gnature Date type or print name 6;w�- 441t Q Title CI OF RENTON q� li V O Gregg VmeVdn, Administrator Date H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 10 EXHIBIT A Scope of Work City of Renton Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation 2003 Vegetation Maintenance Overview EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the Elliot Spawning Channel and the Maplewood Revetment that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To insure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined below and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Goal To remove invasive plant species inhibiting the successful planting of native vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. Maplewood Golf Course Revetment t the eastern edge of the Maplewood Golf Course, adjacent to the Cedar River, 300 feet upstream of the golf cart I idge. Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). Elliot Rearing/Spawning Side -Channel Segment 1 Upstream end of side -channel (at riprap weir) to road crossing. Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). Segment 2 From road crossing to first downstream bend (-90 degrees), about 150 feet downstream of road crossing. Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). Segment 3 From confluence of small tributary to Elliot Side -Channel (at about the mid -point of the side -channel) to 120 ffet downstream, or first bend (--90 degrees) Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 11 City of Renton- Cedar River Riparian Vegetation Scope of Work- April 2003 Proposal for: Christian Munter !Prepared by EarthCorps Elliot Rearing/Spawning Side Channel 6310 NE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312 fax EXHIBIT B Date: April 28, 2003 w fi:.Y . ' Ems'="n?'' Work Item # Width (see attached Unit Cost per Distance (ft) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Assumptions/Notes Remove invasives. Replace native plantings. Stabilize bank. Width Upstream end of side -channel (at measurement and number of Segment 1 riprap weir) to road crossing. 550 30 16500 plantings is for both banks, Invasive Removal/Disposal 600 $0.10 $1,650.00 Soil Preparation (includes bank stabilization where necessary) 510 $0.30 $4,950.00 Subtotal 1 $6,600.00 From road crossing to first Remove invasives. Replace native downstream bend (-90 degrees), plantings. Stabilize bank. Width about 150 feet downstream of road measurement and number of Segment 2 crossing. 150 15 2250 plantings is for both banks. Invasive Removal/Disposal 600 $0.30 $675.00 Soil Preparation (includes bank _ _ _ stabilization where necessary) 510 $0.30 $675.00 Subtotal ! i $1,350.00 From confluence of small tributary to Elliot Side -Channel (at about the Remove invasives. Replace native mid -point of the side -channel) to plantings. Stabilize bank. Width 120 ffet downstream, or first bend measurement and number of Segment 3 (-90 degrees) 120 20 2400 plantings is for both banks. Invasive Removal/Disposal 600 $0.30 $720.00 Soil Preparation (includes bank stabilization where necessary) 1 510 $0.30 $720.00 Subtotal 1 $1,440.00 FallPlantl a.xls EarthCorps 05/06/2003 City of Renton- Cedar River Riparian Vegetation Scope of Work- April 2003 Subtotal of subtotals $9,390.00 $657.30 $939.00 N/A N/A _ Field Project Management & Supervision (7% of Total) Project Administration (10% of Total) Materials Handling Fee (10% of Total) Mileage TOTAL FEE $10,986.30 FallPlant1a.xls EarthCorps 05/06/2003 City of Renton -Cedar River Riparian Vegetation Scope of Work - April 2003 Proposal for: Christian Munter I Prepared by Earthcorps Maplewood Revetment 16310 NE 74th St, Suite 201E Seattle, WA 98115 206.322.9296 206.322.9312 fax - - - Date: April 28, 2003 Work Item # Width (see attached Unit Cost per Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Assumptions/Notes At the eastern edge of the Remove invasive species. Maplewood Golf Course, Replace dead conifers on adjacent to the Cedar upper bank. Plant shrubs on River, 300 feet upstream of the slope between the conifers the golf cart bridge. at the top and the water's 400 60 24000 edge. Invasive Removal/Disposal _ 600 $0.10 $2,400.00 Soil Preparation 500 $0.05 $1,200.00 Includes soil prep. Subtotal $3,600.00 Field Project Management & Supervision (7% of Total) $252.00 Project Administration (10% of Total) $360.00 Materials Handling Fee (10% of Total) N/A _ Mileage N/A TOTAL FEE $4,212.00 FallPlant1 a.xls EarthCorps 05/06/2003 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 13 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: ayor attest: l City Cler RENTON CITY COUNCII.: Council President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 14 ♦ A 1 rJ C�� AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is EarthCorps policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. H. EarthCorps complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/RepresentatK e's Name and Title Agen epresenta lve s Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 15 ;y CITY OF RENTON _R PlanningBuilding/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator May 6, 2003 Liz Stenning Field Program Coordinator EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 SUBJECT: ELLIOT SPAWNING CHANNEL/MAPLEWOOD REVETMENT HABITAT MITIGATION, EARTHCORPS 2003 CONTRACT Ms. Stenning: Enclosed please find two copies of the contract for the above project. Once you have the contracts signed, send them back to me for further processing. Once they are signed off, I will forward you a completed copy. Then, once the City has an approved Certificate of Insurance in place, we can schedule the work. If you have any questions or require additional information, please call me at (425) 430- 7205 or Ron Straka at (425) 430-7248. Sincerely, Christian D. Munter, P.E. Surface Water Utility cc: Ron Straka Enclosures: 2 - contracts 05 Project\04.0 - H:\File Sys\SWP - Surface Water Prcjects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 2 Correspondance\4.08 - EarthCorps(2003)\ContractOne05062003.doc\CDM\tb 1055 South Grady Way - Renton, Washington 98055 RENTON ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2003, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation 2003 Vegetation Maintenance WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. H:Tile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 1 II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. H:Tile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 3 VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit B, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit B. Payment for this work shall not exceed $15,198.30 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit B and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit B are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit B, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 4 Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VH CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. V1 EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 5 or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIIVIINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 6 In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XH DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 7 In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 8 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EARTHCORPS CITY OF RENTON Signature Date Gregg Zimmerman, Administrator Date type or print name Title ATTEST: Bonnie I. Walton, City Clerk H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 10 1:0:4:111.31 1 Scope of Work City of Renton Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation 2003 Vegetation Maintenance Overview EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the Elliot Spawning Channel and the Maplewood Revetment that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To insure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined below and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Goal To remove invasive plant species inhibiting the successful planting of native vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. Maplewood Golf Course Revetment t the eastern edge of the Maplewood Golf Course, adjacent to the Cedar River, 300 feet upstream of the golf cart I idge. Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). Elliot Rearing/Spawning Side -Channel Segment l Upstream end of side -channel (at riprap weir) to road crossing. Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). Segment 2 From road crossing to first downstream bend (-90 degrees), about 150 feet downstream of road crossing. Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). Segment 3 From confluence of small tributary to Elliot Side -Channel (at about the mid -point of the side -channel) to 120 ffet downstream, or first bend (-90 degrees) Invasive Removal/Disposal and Soil Preparation (includes bank stabilization where necessary). H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc I I City of Renton- Cedar River Riparian Vegetation Scope of Work- April 2003 Proposal for: Christian Munter Prepared by EarthCorps Elliot Rearing/Spawning Side Channel 6310 NE 74th St, Suite 201 E Seattle, WA 98115 _ 206.322.9296 206.322.9312fax EXHIBIT B - - - - Date: April 28, 2003 '.'.<"^ aM°Rw 3; MII" ". Work Item # -- Width (see attached Unit Cost per Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Assumptions/Notes Remove invasives. Replace native plantings. Stabilize bank. Width Upstream end of side -channel (at measurement and number of Segment 1 riprap weir) to road crossing. 550 30 16500 plantings is for both banks. Invasive Removal/Disposal 600 $0.10 $1,650.00 Soil Preparation (includes bank stabilization where necessary) 510 $0.30 $4,950.00 Subtotal $6,600.00 From road crossing to first Remove invasives. Replace native downstream bend (-90 degrees), plantings. Stabilize bank. Width about 150 feet downstream of road measurement and number of Segment 2 crossing. 150 15 2250 plantings is for both banks. Invasive Removal/Disposal 600 $0.30 $675.00 Soil Preparation (includes bank stabilization where necessary) 510 $0.30 $675.00 Subtotal $1,350.00 Segment 3 From confluence of small tributary to Elliot Side -Channel (at about the mid -point of the side -channel) to 120 ffet downstream, or first bend (-90 degrees) 120 20 2400 $720.00 Remove invasives. Replace native plantings. Stabilize bank. Width measurement and number of plantings is for both banks. Invasive Removal/Disposal 600 $0.30 _ Soil Preparation (includes bank stabilization where necessary) 510 $0.30 $720.00 Subtotal $1,440.00 FalIPlant1 a.xls EarthCorps 05/06/2003 City of Renton- Cedar River Riparian Vegetation Scope of Work- April 2003 Subtotal of subtotals $9,390.00 Field Project Management & Supervision (7% of Total) Project Administration (10% of Total) Materials Handling Fee (10% of Total) Mileage $657.30 $939.00 N/A N/A TOTAL FEE $10,986.30 Fall Plantl a.xls EarthCOrpS 05/06/2003 City of Renton -Cedar River Riparian Vegetation Scope of Work - April 2003 Proposal for: Christian Munte_r M_a_ _plewood Revetment Prepared by EarthCorps _ 631 ONE 74th St, Suite 201 E Seattle, WA 98115 206.322.9296 206.322.9312fax Distance (ft.) At the eastern edge of the Maplewood Golf Course, adjacent to the Cedar River, 300 feet upstream of the golf cart bridge. 400 Width (ft.) 60 Area (sq.ft.) 24000 Date: April 28, Work Item # (see attached ispreadsheet) 2003 Unit Cost per sq. ft. Subtotals 1 Assumptions/Notes Remove invasive species. Replace dead conifers on upper bank. Plant shrubs on the slope between the conifers at the top and the water's edge. Invasive Removal/Disposal 600 $0.101 $2,400.00 Soil Preparation 500 $0.051 $1,200.00 Includes soil prep. Subtotal I i$3,600.00 Field Project Management & Supervision (7% of Total) $252.00 Project Administration (10% of Total) $360.00 Materials Handling Fee (10% of Total) N/A Mileage N/A TOTAL FEE $4,212.00 FallPlant1a.xls EarthCorps 05/06/2003 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 13 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996_ CITY OF RENTON: Mayor )Attest: City Clerl RENTON CITY COUNCIL: Council President H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContractl.doc 14 "Kw� AFFIDAVIT OF COMPLIANCE EarthCorps hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is EarthCorps ( Name of contractor/subcontractor/consultant/supplier) III policy to offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. EarthCorps ( Name of contractor/subcontractor/consultant/supplier) complies with all applicable federal, state and local laws governing non-discrimination in employment. When applicable, EarthCorps ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. will seek out and Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EartbCorps 2003\2003EarthCorpContractl.doc 15 Jesse Tanner, Mayor May 6, 2003 Liz Stenning Field Program Coordinator EarthCorps 6310 NE 74th Street, Suite 201 E Seattle, WA 98115 CITY OF RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: LOWER CEDAR RIVER LEFT BANK HABITAT MITIGATION, EARTHCORPS 2003 CONTRACT Ms. Stenning: Enclosed please find two copies of the contract for the above project. Once you have the contracts signed, send them back to me for further processing. Once they are signed off, I will forward you a completed copy. Then, once the City has an approved Certificate of Insurance in place, we can schedule the work. If you have any questions or require additional information, please call me at (425) 430- 7205 or Ron Straka at (425) 430-7248. Sincerely, cka--t� Christian D. Munter, P.E. Surface Water Utility cc: Ron Straka Enclosures: 2 - contracts H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.1i - Correspondance\4.08 - EarthCorps(2003)\ContractTwo05062003.doc\CDM\tb R E N T O N 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material. 30 % post consumer AHEAD OF THE CURVE ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2003, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and EarthCorps whose address is 6310 NE 74th Street, Suite 201E, Seattle, WA 98115 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Lower Cedar River Left Bank Habitat Mitigation 2003 Vegetation Maintenance WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 1 lb- II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 2 III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. ry OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. v TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit A, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 3 VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit B, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit B. Payment for this work shall not exceed $ 16,921.01 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit B and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit B are determined as NA percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit B, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be NA percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 4 Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIH EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 5 or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (C1P)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 6 In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 7 In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. H:Tile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 8 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EARTHCORPS Signature type or print name Title CITY OF RENTON Date Gregg Zimmerman, Administrator Date ATTEST: Bonnie I. Walton, City Clerk HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 10 EXHIBIT A Scope of Work City of Renton Lower Cedar River Left Bank Habitat Mitigation 2003 Vegetation Maintenance Overview EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the left bank of the lower Cedar River that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To insure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined below and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Goal To remove invasive plant species inhibiting the successful planting of native vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. Lower Cedar River, Left Bank Segment 1 Immediately north (downstream) of South Boeing bridge to large complex of willow trees, just south (upstream) of WDFW fisheries monitoring station. Invasive Removal/Disposal and Soil Preparation Segment 2 Continuing north, the next segment begins 300 feet north (downstream) of the willow complex that is at the end of Segment 1 (above). The floodwall angles west, the bank is wider, and the floodwall is replaced by a chain -link fence. Invasive Removal/Disposal and Soil Preparation Segment 3 Continuing north (downstream), the floodwall begins again, and the bank narrows. This segment extends to the end of the floodwall. Invasive Removal/Disposal and Soil Preparation HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 11 City of Renton -Cedar River Riparian Vegetation Scope of Work - April 2003 Proposal for: Christian Munter Prepared by EarthCorps 6310 NE 74th St, SuiteME Lower Cedar Rive_ r - ---- _ Seattle, WA 98115 EXHIBIT B 206.322.9296 206.322.9312 fax Date: April 28, 2003 3M "Wo" _-M1..... 'fig ­W1W1 W,.- Work Item # Width (see attached Unit Cost per Assumptions/Notes: Paul Assumptions/Notes: Distance (ft.) (ft.) Area (sq.ft.) spreadsheet) sq. ft. Subtotals Conrecode EarthCorps Immediately north (downstream) of Removal of invasives. South Boeing bridge to large Replacement with native plants, Prior Inasive Removal, complex of willow trees, just south including emergent, shrub, and Bank Stabilization, and (upstream) of WDFW fisheries tree species. Possibly soil Planting by EC. Poor Left Bank Segment 1 monitoring station. _ Invasive Removal%Disposal 150 40 6000 supplementation and use of roundcover to prevent re- 9 p establishment of invasives. soil, no tree canopy. (west bank) 600 $0.30 $1,800.00 Soil Preparation 510 $0.16 $960.00 Subtotal $2,760.00 Continuing north, the next segment begins 300 feet north (downstream) Removal invasives. of the willow complex that is at the Replacement with native plants, end of Segment 1 (above). The including emergent, shrub, and Prior Inasive Removal, floodwall angles west, the bank is tree species. Possibly soil Bank Stabilization, and wider, and the floodwall is replaced supplementation and use of Planting by EC. Poor by a chain -link fence. groundcover to prevent re - soil, no tree canopy. Segment 2 600 30 18000 establishment of invasives. Invasive Removal/Disposal 600 $0.30 $5,400.00 Soil Preparation 510 $0.16 $2,880.00 _ Subtotal $8,280.00 Replacement of failed willow Prior willow stakings Continuing north (downstream), the stakings. Removal of invasives to unsuccessful due to floodwall begins again, and the allow for Salal and Oregon grape bank heigth. Some bank narrows. This segment on bank to flourish. Additional native plantings of Segment 3 1 extends to the end of the floodwall. 930 81 7440 1 Sala[ and Oregon grape plantings on bank. Possibly soil groundcovers successful. Invasive emova Is osa Soil Preparation 5101 $0.161 $1,190.40 supplementation and use of Subtotal $3,422.40 Subtotal $14,462.40 Field Project Management & Supervision (7% of Total) $1.012.37 Project Administration (10% of Total) $1,446.24 _ Materials Handling Fee (10% of Total) Mileage N/A _ TOTAL FEE 16,921.01 FallPlant2a.xls EarthCorps 05/06/2003 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 13 CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: ;Mayor Attest: \ City Cler RENTON CITY COUNCIL: Council President HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 14 e: AFFIDAVIT OF COMPLIANCE EarthComs hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is EarthCorps policy to offer equal ( Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. EarthCorps complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. M. When applicable, EarthCorps will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. HAFi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\2003EarthCorpContract2.doc 15 e CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2003 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works D VIA: Lys Hornsby, Director Utility Systems Division FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation, EarthCorps 2003 Contract ISSUE: INITIAL/DATE The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation along the Elliot Spawning Channel and the Maplewood Revetment. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Elliot Spawning Channel and the Maplewood Revetment in the amount of $15,198.30. Project funding ($60,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the Elliot Spawning Channel and the Maplewood Revetment that were planted as H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContractl.doc\CM\tb August 14, 2003 Page 2 a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope or work (attached) and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContractl.doc\CM\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2003 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director Utility Systems Divisio FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation, EarthCorps 2003 Contract ISSUE: The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation along the Elliot Spawning Channel and the Maplewood Revetment. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization, as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Elliot Spawning Channel and the Maplewood Revetment in the amount of $15,198.30. Project funding ($60,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the shoreline of the Elliot Spawning Channel and the Maplewood Revetment that were planted as H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContractl.doc\CM\tb August 14, 2003 Page 2 a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope or work (attached) and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContractl.doc\CWtb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2003 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works E VIA: Lys Hornsby, Director Utility Systems Division FROM: Ron Straka, Supervisor Surface Water Utility ment CONCU NCE DATE NAME INITIAL/DATE ne STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Lower Cedar River West Bank Habitat Mitigation, EarthCorps 2003 Contract ISSUE: The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Lower Cedar River (west bank) in the amount of $16,921.01. Project funding ($60,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the lower west bank of the Cedar River that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContract2.doc\CWtb August 14, 2003 Pace 2 The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope of work (attached) and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. HA\Fi1e Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContract2.doc\CM\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2003 TO: Gregg Zimmerman, Administrator Planning/Building/Public Works Department VIA: Lys Hornsby, Director Utility Systems Divisio FROM: Ron Straka, Supervisor Surface Water Utility STAFF CONTACT: Chris Munter, Project Manager - Ext. 7205 SUBJECT: Lower Cedar River West Bank Habitat Mitigation, EarthCorps 2003 Contract ISSUR. The Surface Water Utility is required to monitor vegetation planted as part of the USACE Cedar River Section 205 Flood Damage Reduction project mitigation. As part of this work, the City is required to remove invasive plant species inhibiting the successful growth of this vegetation that will provide bank stabilization as well as cover for salmonids and riparian zone habitat for wildlife, and meet mitigation goals for plant cover. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an agreement with EarthCorps to remove invasive species and do soil preparation work along the Lower Cedar River (west bank) in the amount of $16,921.01. Project funding ($60,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. BACKGROUND SUMMARY: EarthCorps crews will provide routine maintenance of the existing habitat plantings along the lower west bank of the Cedar River that were planted as a mitigation requirement for the USACE Cedar River Section 205 Project. The locations of the plantings that will be maintained are as detailed on the attached exhibits. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\lssuePapContract2.doc\CM\tb August 14, 2003 Page 2 The existing planting for the area has not produced the necessary native plant cover and desired suppression of invasive species as required by permits. In general, the routine maintenance for year 2003 will include the following tasks: removal of invasive plants, protection of existing native vegetation, and soils preparation as necessary to meet project goals. CONCLUSION: Long-term success of the plantings and suppression of weedy species will be dependent on appropriate species composition, soil amendments, and annual watering. To ensure a successful supplemental planting design for the site, various techniques will be applied. Specific work tasks are outlined in the contract scope of work (attached) and will be accomplished through September 30, 2003. EarthCorps shall provide supervision, project management, and tools and labor to perform all services. Therefore, Surface Water Utility recommends execution of the subject consultant agreement. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\02.0 - Agreements\2.08 - EarthCorps 2003\IssuePapContract2.doc\CWtb t*yC,-),zs, CITY OF RENTON HUMAN RESOURCES & RISK MANAGEMENTRECEIVED DEPARTMENT AUG 13 2003 MEMORANDUM CITY OF RENTON UTILITY SYSTEMS DATE: August 12, 2003 TO: Chri Munter, Utility Systems FROM: M R. Webby, HR&RM Administrator SUBJECT: Insurance Review/ EarthCo ps Cedar River Section 205 Lower Cedar River Habitat Mitigation & Elliot Spawning Channel/ Maplewood Revetment Habitat Mitigation I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. 01 C1%ecied Benton e CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 6, 2003 TO: Michael Webby — HR&RM FROM: Chris Munter — Ext. 7205 CA&"^ SUBJECT: Insurance Certificate - EarthCorr)s AUG 0 6 Z003 Human R sk management Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat Mitigation Contract and the Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation Contract. Their insurance company uses the "Additional Protected Persons — Other Insurance Endorsement" in lieu of the CG-20-10. Both contracts are part of the Cedar River Section 205 Project. Please let me know if additional information is needed. Thanks. Chris HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.0 - Correspondance\4.08 - EarthCorps(2003)\InsCertMemo06092003.doc\CDM\tb 06/18/2003 16:57 FAX 2063229312 EARTHCORPS 03 i ACORD CERTIFICATE OF LIABILITY INSURANCE ° 06/0 /2 0' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,marsh Advantage America Phone: 509-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. o. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i Spokane, VA USA 99210-2151- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marsh Advantage America is a service of Seabury & SmitS, Inc. 1r INSURERS AFFORDING COVERAGE INSURED --_- - •• .- _•_- -- INSURER A: St. Pau FIre an Mar in Insurance Company -- - ----• — EarthCorGGs 6310 NE 74th St, Ste 201E Seattle, WA 98115 I rOVFRAGFS INSURER S. INSURER C: INSURERD' INSURER E: THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSf ANU NU j 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 AFFORCEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __ r- -- • .. EFFECTNE POLICY QP RATION L11rf9 mla� __..--.. -.. --- �.�-,.. LTRI ITYC V�In�rwl�bG �vuv. .�...��. ........—.. ._.-..-___... A GENERAL UANUTY CK01901451 05/12/2003 05/12/200a EACH OCCURRENCE b —J 000, 000 X COMMERCIAL GENERALL(ABILITY I FIRE DAMAGE (My me (ire) b - 100,000 CLAtM9 MADE a OCCUR f -J MED EXP An one Denson) 51000 ( y --- PERSONAL 8 ADv INJURY 5 1,000,000 X STOP GAP LIABILITY - I \ I5 S GENERAL AGGREGATE 2,000,000 ` — COMPOP ACiO b 2 , 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER:,PRODUCTS x POLICY 7 PII 17 LOC A AUrOMOSILE LIABILITY CK01901451 05/12/2003 05/12/2004 COMBINED 91NOLE LIMIT 5 1,000,000 I (Ea aniaenq x ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per PerDOn) ••• - -) SCHEOULEDALROS --••----- X HIRED AUTOS BODILY INJURY S (Par acodml) X NON -OWNED AUTOS - -- • - PROPERTY DAMAGE (Per acrJdenq S GARAGE UAMUTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EAACC a- - AUTOCNLY: AGG S A EXCESSLLABIUTY CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE —4$ 1,000.000 I X OCCUR a CLAIMS MADE AGGREGATE b 1,000.000 __ _- - I--- - ----- PROD COMP/OPS AGG -!g 1.000,000 DEDUCTIBLE i_.._ - -- b •• _. ._.. _ . X RETENTION a" 10 , 000 I b I WORKERS COMPENSATION AND I ORY WMITS ER _• _.___ I pNPLorEHS LIASIUTY E.L. EAC ACCIDENT S ,— E.L. DISEASE - EA EMPLOYES S E.L DISEASE - POLICY LIMIT S OTH Cr01901451 05/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE: S250 A HIREERD AUTO PHYSICAL DAMAGE COLLISION DEDUCTIBLE: $500 I I LIMIT: $50,000 DESCRIPTION OF OPERATIONS(LOCATIONSNEHCLMEXCLUSIONS ADDED OY ENDORSeXeMT/SPEC7AL PROVISIONS City of Renton is additional insured as respects operations of named insured for the City of Renton CFRTIFICATE HOLDER I I ADCITIONALINSURED: INSURER LETTER: _ CANCELLATION City of Renton Dcpt or Surface Water Utlllties Christian blunter loss S. Cady Way, Sth Floor Renton, WA 98055 ACORD 25-S SHOULD ANY OF THE AEOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THQREOF, THP _ INSURER WILL FNn1eAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESFMATIVE& Marsh Advantage America, a QQQQservice of SeabyW 6 Smith By: 0 ACOR ORPORATION 1988 06/18/2003 16:57 FAX 2063229312 EARTHCORPS M IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affIrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) 08/05/2003 15:58 FAX 2063229312 EARTHCORPS 04 A'JG. 1. 200? 6: 1AM �9:1°SEAEURY SMITH MARSH 913 559 2299 TO 915E193500. 0054 P. P 4/6 3 0 .-Q ADOMONAL PRQTTEM PERMS • OTWM IMSURAMCE EN MRSEfl1M Thls endorsement changes your Commercial General Liability Protection. HOW Ceuenge IS Changed The following rs added to the Who let Protected Under This Agreement section. This change broadens coverage. Parsecs or eMalzabon required under conbl d or 20pVt an We'll protecr any person or organization that you are required to add as an additional protected person under: • e written contract or agreement: or • an oral agreement or contract whore t cnrtificete of Insurance ehowT-ng that person or organtzat;on as an a001t;on2t protected person has been iasund The written or oral contract or agreement must be. • wffently In affect or becoming effective during the term of this policy; and • executed prior to the injury or damage. Coverage provided by this endorsernent is limited as follows: 1. That person Or organization is a protected person with respect to liability resulting from: • premis.e you own, rent- lease. or occupy. or • your work for that protected person by or for you. 2. The limits or coverage appllCet)le to the protecteC Pert:on are those spectflad in the written contract or agreement or In the Coverage Summary, whichever writ lease- Tnese limits of coverage are Inclusive or and not in addition to the I;ntita of insurance shown In the Coverage Summary. The Insurance provided to the protected person doesn't apply to Injury or damage that results from an architect's. engineer's, or surveyor's performance or failure to Perform architect, enginstr. or surveyor professional services, We explain what we mean by arch;tacr, engineer, or surveyor professional services in the Contact Ifebil;ty axcTucion. Other Insurance. We'll consider this Insurance to be primary to end non- cortributory with The Insurance issued directly to the additional protected'persontr if: • Your contract with that oereon or org0niretion specifically requires snot we consider this insurance to be primary or primary and rron-contributory (nsurancr, Or • you r*quest before a lots that we Consider thin insurance to be primary or primary ana rontontrlbuTory insurance. Other Terms All other forma or your policy remain the same. L0120 Ed, 6-68 Pr;nt*d In U.&A. Endorsement OSLPaul Flrw and Marine Insurance Co.1998 All Rights Reserved Page 1 of 1 ** TOTAt_ PAU.01 imp 06/18/2003 16:57 FAX 2063229312 EARTHCORPS 02 ---------- - -- - -•--------------------------____ --------------.-- --- -------------------------V CERTIFICATE OF COVERAGE EMPLOYER: This official certificate of industrial insurance coverage is in lieu of a policy. It remains in effect until your account is officially - closed. There is no limitation of benefits. You are required by law to post both this certificate and copies of the posters listed below. You will soon r ... ..be ireceiiring. L-copy of each. if-you,require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services- _ -. - - . -0-Job Safefy and Health Protection (available in Spanish) 9 Your Rights as a Worker/Family Care Department of Labor & Industries a Notice to Employees PO Box 44144 Olympia WA 98504-4144 WORKER: The employer named below is an insured policyholder with www,LNI.wa.gov the Washington State Industrial Insurance Trust Fund. Ut31- ' I? 1 C'7 Policy Effccuvc Date Locadon zn.? r: r�� 74TH `-T STD 1E ;EATTi_E W4 g8115 hmplover CASZ:A[?LA rtUE&*r EAR T f- COR PS t:_'• 1 f.-I NE 7 4TH S1• S rC 2,r;1 t- EE',T T;-1- W/� �S 1 1 5 *Your Unifieo Business ldcntifier is the only numhcr you need to discuss your business account With die Wa..hinpon state deparunents c Revenue, Licensing, Employment Security, Libor and Industries and the Office of Lhe Secretary of Stntc. Other state licenses or rcgisrration may be required for proper licensing of your business. tZl l- 'a Id1g6(&M) CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 6, 2003 TO: Michael Webby — HR&RM FROM: Chris Munter — Ext. 7205 cAro— SUBJECT: Insurance Certificate - EarthCorps Enclosed for Risk Management review and approval is EarthCorps' Certificate of Insurance for the Lower Cedar River Habitat Mitigation Contract and the Elliot Spawning Channel/Maplewood Revetment Habitat Mitigation Contract. Their insurance company uses the "Additional Protected Persons — Other Insurance Endorsement" in lieu of the CG-20-10. Both contracts are part of the Cedar River Section 205 Project. Please let me know if additional information is needed. Thanks. Chris HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.0 - Correspondance\4.08 - EarthCorps(2003)\InsCertMemo06092003.doc\CDM\th �Y o CITY OF RENTON ♦ 'IV4ED �- HUMAN RESOURCES & RISK MANAGEMENT ,J" �NTo DEPARTMENT C/ � `� ?�03 �Iir MEMORANDUM � o sys , T,' MS DATE: June 11, 2003 TO: Chri Z ,Utility Systems FROM: by, HR & RM Administrator SUBJECT: Insurance Review/ EarthCorps Cedar River Section 205 Lower Cedar River Habitat Mitigation & Elliot Spawning Channel/ Maplewood Revetment Habitat Mitigation I have reviewed the Certificate of Insurance for the above referenced contract. The insurance coverage, provided for this contract, will meet risk management requirements when the following items have been provided for: • Please provide proof of Workers' Compensation coverage • Due to a recent memo from City Attorney Larry Warren, Risk Management is now requiring the "Additional Insured" endorsement page from the policy be attached to the Certificate of Insurance. Please contact the company and request CG 20 10. Please provide the revised certificate to HR when received 06/18/2003 16:57 FAX 2063229312 EARTHCORPS NIB ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 06/04/2003 06/Oa/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION marsh Advantage America Phone: 509-358-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. o. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Spokane, WA USA 99210-2151- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. marsh Advantage America is a service of Seabury & Smith, inc. INSURERS AFFORDING COVERAGE (INSURED — INSURER A St. -Pau-1 Fire and marine Insurance Company - EarthCorpps 6310 NE 74th st. Ste 201E Seattle, WA 98115 I COVERAGES INSURER B. INSURER C: INSURER D' INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NUT WI I HIS I ANURVLA ANY REQUIREMENT, 71MM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY FEFTT'AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - _ — INSR TYPE OF INSURANCE I POUCY NUMBEA MMALWV DATE M� DD RATION UTArrS Lrn GENERAL LIABILITY CK019014S1 05/12/2003 05/12/2004 ;EACH OCCURRENCE_ _� 000,000 A X Comm ERCIALGENERAL LIABILrrY CLAIMS MADE OCCUR - RR DE 0.MAGE (Any One Ilre) MEO EXP (Any one Person) S _ 100,000 S 5,000X $YOP GAP LIAHZL1Tr DCJ PERSONAL & ADy INJURY S_ 1,000,000 GENERAL AGGREGATE_ S 2,000,000 PRODUCTS . COmPaOP A00 � S 2.000.000 GEN'L AGGREGATE LIMITAPPLIES PER: X POLICY PRO- 7 LOC A AUTOMOBILE LIABILITY 05/12/2003 0$/12/2004 COMBINED SINGLE LIMIT COMBINED b 1,000,000 (Ea artieenl) X ANY AUTO -- -- - - -' BODILY INJURY ALLOWNEDAUTOS S I (Per person) _---I SCHEDULED AUTOS -' _•__ _-.--___ X HIRED AUTOS BODILY INJURY S (Po. acodml) X NON -OWNED AUTOS -- PROPERTY DAMAGE $ I (Per ardawl) GARAGE LIABILITY UTO ONLY EA ACCIDENT $ - ANY AUTO I HER THAN EA ACC rAL S_ _ TO ONLY: AGG S A EXCESS LIABILITY CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE g 1,000.000 AOGREGATE _ 7x OCCUR CLAIMS (MADE � X OCCUR E 1,000.000 PROD COMP/OPS AGG g 1.000,000 - DEDUCTIBLE S X RETENTION s 10, 000 E WORKERS COMPENSATION AND I TORY IMRB ER EMPLOYERS UA®UTY E.L. EAC ACCIDENT S ,_ _ E.L. DISEASE • EA EMPLOY S E.L DISEASE . POLICY LIMIT I S OTHER PHYSICAL DAMAGE CK01901451 05/12/2003 05/12/2004 COMPREHENSIvE DEDUCTIBLE: S250 A HIRED AUTO COLLISION DEDUCTIBLE: S500 LIMIT: $50,000 DESCRIPTION OF OPERA'nONWLOCATIONSNEMCLMEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Renton iS additional insured aS respects operations of named insured for the City of Renton CERTIFICATE HOLDER--—1 ADDITIONAL INSURED: INSURER LETTER: _ CANCELLATION _— City or Renton Dept or Surface Water Udlities Christian :%iunter 1055 S. Grady Way, Sth Floor Renton, WA 98055 SHOULD ANT OF THE ABOvE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THB _ INSURER WILL ENOPAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE& marsh Advantage America, a service of Seab 6 smi By: r fl Ib ACORdwCOF ACORD 25-S TION 1988 06/18/2003 16:57 FAX 2063229312 EARTHCORPS Z 04 IMPORTANT i If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. RE) 25-9 (7197) 08/05/2003 15:58 FAX 2063229312 EARTHCORPS Z 04 AU-G. 1. 2003 6: 01AM 19:14SEABURY SMITH MARSH 913 s59 2299 To qisamEYO. 0054 po j v6 .Z-; `i 1 3 1 w ADOMONAL IPROIECTILa PERSONS • OTNER INSURANCE ERNRS NIM This andorsement changed your Commercial General Liability Protection. Hole Caeernpe is Chaeged the following is added to the who im Protected Under This Agreement atrction. This change broadans coverage. Parsecs or 4WRI d MS ttegalred under canbsd Or a9r men We'll protect any person or organization that You are reduirad to add as an additional protected person under: • It written contract Of agreement_ or • an oral agreement or contract where a cartificety of Insurance showing that person of organization as an additional protected person has been lasuaA The written or oral contract or agreement mu4t be: • curTently in affect or becoming etfeetive during the term of this policy; and • executed prior to the injury or damage. Coverage provided by this endorsement is limited as follows: I. That person or Orgenlrvlon is a protected person with respect to liability resulting from: • promis u you own, rent, lease. or occupy; or • your work for that protected person by or for you. 2 The iirnits Of coverage appllCable to the ProtecteC per6On are those sneclfied in the written contract or agreement or In the Covara9e Summary. whichever *rip leiaa. These linmlttt of coverage arm Inclusive of and not in addition to ttta lirnita of insurance shown In the Coverage Summary. The Insurance provided to the protected person doesn't apply ro injury or damage that results from on archlteers. anginear's, or surveyor's performance or failure to perform architect, engine•►, or surveyor professional services, We explain what wb mean by architecr. engineer. or surveyor professional aervieas in the Contract Ilability axtlusion. Other insurance. We'll consider this insurance to be primary to end non- contributory with the Insurance issued directly to the additional protected*persontl if - Your contract with that oerson or organization specifically requires trot we consider this irmurunce to be primary or p6mary and rron-cormiburory lrtsurancr, or • you raqueat before a lots Met we consider this insurance to be primety or primary ana roil -contributory insurance. Other Terms All other forma Of your policy remaln the same. L0110 E4 a-98 Printed In U.S/- Endoraamant QkSt-Paul Fire and Marine Insurance Co.1998 All Alght6 Reserved Pegg 1 of 1 4-k TOTPL PACiE.01 *c* 06/18/2003 16:57 FAX 2063229312 EARTHCORPS 1a02 ------------_..------•---------------------__----------_.- CERTIFICATE OF COVERAGE EMPLOYER: This official certificate of industrial insurance coverage is in lieu of a policy. It remains in effect until your account is officially - closed. There is no limitation of benefits. You are required by law to post both this certificate and copies of the posters listed below. You will soon .,.be Teceilring, L.copy of each. If -you require additional copies, call Labor Insurance Services Division and Industries at 360-902-4817. Employer Services- - _. - _ . -d'Job Safefy and Health Protecti6n (available in Spanish) • Your Rights as a Worker/Family Care Department of Labor & Industries • Notice to Employees PO Box 44144 Olympia WA 98504-4144 WORKER: The employer named below is an insured policyholder with www.LNI.wa.gov the Washington State Industrial Insurance Trust Fund- UB1' 6� 2 ��9 107 Policy Effcetive Date Ct 1 � 1 5/ 93 Location EAR 7H::()RF-S m-? 1 t: t•4F- 7 4 T H :;T S T E i E uEATTLE WA 98115 F-MR10yer CAS --AD 1A OUE& T EAR T ►-ICOR PS b31%'1 NE 7 4 T H SIrE ?41E SEAT TLE' W/ ;1q 1 1 S 'Your Unified BUSineSs Identifier is the only numhcr you need w di.cuss your business account with die Wa.hinFton state deparunents c Revenue, Liceitsing, Employment Security, Labor and industries and the Office of Lhc SecrcLvy of Stntc. Other state licenses or registration may be required for Nmpec ticcnsing of your business. fZi i- la I -- tdVl) ACO -P. CERTIFICATE OF LIABILITY INSURANCE DATE 06/04/200 ) 06/04/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh Advantage America Phone: S09-3S8-3800 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 2151 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Spokane, WA USA 99210-2151 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'Marsh Advantage America is a service of Seabury & Smith, Inc. INSURED EarthCorps 6310 NE 74th St, Ste 201E Seattle, WA 98115 COVERAGES INSURERS AFFORDING COVERAGE INSURER A St. Paul Fire and Marine Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I POLICY EFFECTIVE TPOLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MWDD/YY i DATE (MMIDD LIMITS A GENERAL LIABILITY CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) X COMMERCIAL GENERAL LIABILITY $ 100,000 CLAIMS MADE �X OCCUR $ 5,000 ' MED EXP (Any one person) PERSONAL & ADV INJURY X STOP GAP LIABILITY $ 1,000,000 _ GENERALAGGREGATE $ 2,000,000 �GE�'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 POLICY PRO- LOG A AUTOMOBILE LIABILITY ANY AUTO CK01901451 05/12/2003 05/12/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS C�1� BODILY INJURY (Per accident) $ X r 2QO3 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY OF R S� CMS AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC ANY AUTO �'\� SY $ AUTO ONLY: AGG $ A EXCESS LIABILITY CK01901451 05/12/2003 05/12/2004 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE $ 1,000,000 AGGREGATE PROD COMP/OPS AGG $ 1,000,000 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORYLI WC STjrrS OTH- MITER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER HIRED AUTO PHYSICAL DAMAGE CK01901451 OS/12/2003 05/12/2004 COMPREHENSIVE DEDUCTIBLE: $250 COLLISION DEDUCTIBLE: $500 LIMIT: $50,000 DESCRIPTION OF OPERATIONSrLOCATIONSNEMCLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Renton is additional insured as respects operations of named insured for the City of Renton CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: City of Renton Dept of Surface Water Utilities Christian Munter 1055 S. Grady Way, 5th Floor Renton, WA 98055 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE _ INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Marsh Advantage America, a service of Seaburry & Smith B y . rif�A.t.fX - Z' I ACORD 25-S (7/97) a © ACOROoCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.