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